PROPOSED ZONING R-3 (RESIDENTIAL) - 1.12 UNITS PER
PROPOSED
USE SINGLE FAMILY RESIDENTIAL SUBDIVISION - 2-LOTS
EXISTING ZONING AG-1 (AGRICULTURAL)
EXISTING USE ONE SINGLE FAMILY RESIDENCE
LAND
USE MAP RESIDENTIAL - 2 TO 3 UNITS PER
LOCATION
250.0 FEET OF FRONTAGE
PARCEL SIZE 1.8 ACRES
SMALL AREA 518
LL 94, DISTRICT 14F
COMMISSION DISTRICT 7
OWNER WINSTON BROWN
PETITIONER SEQUEL DEVELOPERS, INC.
REPRESENTATIVE WINSTON BROWN
APPLICANT'S INTENT To develop a 2-lot single family residential subdivision on 1.8 acres at a density of 1.12 units per acre.
Department of Environment
and Community Development
Recommendation
Community Zoning Board Recommendation
September 19, 2006
SUBJECT SITE AND SURROUNDING AREA:
SUBJECT SITE: The 1.8 acre subject site is located on the
west side of
** North and East - Use: Scattered Single Family (Existing)
Zone: AG-1 (Agricultural)
** Southeast - Use: Wexwood Glen Single Family Subdivision (Existing)
Petition: Z65-006 SFC
Zone: R-3 (Residential)
Density: not stated
Minimum Heated Floor Area: 1,400 square feet
** Further Southeast - Use: Single Family Subdivision (Existing)
Petition: 98Z -028 SFC
Zone: R-3A (Residential)
Density: 1.34 units per acre
Minimum
18,000 square feet for the remainder
Minimum Heated Floor Area: 2,600 square feet for lots 152, 165, & 166
2,200 square feet for lots abutting Wexwood Glen
1,800 square feet for the remainder
** Further South - Use: Single Family Subdivision (Existing)
Petition: 95Z -112 SFC
Zone: R-3A (Residential)
Density: 1.53 units per acre
Minimum
Minimum Heated Floor Area: 1,800 square feet
** Further Southwest - Use: Single Family Subdivision (Existing)
Petition: 2001Z -0119 SFC
Zone: CUP (Community Unit Plan)
Density: 2.61 units per acre
Minimum
Minimum Heated Floor Area: 2,200 square feet for lots along the north property line; 1,500 square feet for no more than 30 units; 1,750 square feet for the remainder
** Southeast - Use: Single Family Subdivision (Existing)
Petition: Z69-035 SFC
Zone: R-3 (Residential)
Density: not stated
Minimum Heated Floor Area: 1,400 square feet
RECENT DENIALS IN AREA:
** There have been no recent denials in the immediate area of the subject site.
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 revised site plan submitted to the Department of Environment and Community Development on July 25, 2006, Staff offers the following considerations:
The applicant is requesting to rezone the subject site from AG-1 (Agricultural) to R-3 (Residential) to develop a 2-lot single family subdivision on 1.8 acres at an overall density of 1.12 units per acre. The applicant's request is consistent with the Comprehensive Plan Land Use Map which suggests residential use for the subject property at a density of 2 to 3 units per acre.
The area immediately surrounding the subject site consists of low density single family residential development, zoned primarily AG-1 (Agricultural) and R-3 (Residential), pursuant to Z65-006 SFC and Z69-035 SFC. Further south of the subject site are R-3A (Residential) developments approved pursuant to 95Z -112 SFC and 98Z -028 SFC, as well as a CUP (Community Unit Plan) development approved pursuant to 2001Z -0119 SFC.
Given that the applicant's request is consistent with the suggestion of the Comprehensive Plan Land Use Map and with Board action in the area, Staff recommends APPROVAL CONDITIONAL of this petition subject to the attached Recommended Conditions.
The applicant's site plan
indicates that both lots of the proposed development will exceed the 18,000
square foot minimum lot size required for an R-3 (Residential) zoning district,
as specified in Article 6.4.3. of the
The applicant's Letter of Intent states that the minimum heated floor area for the proposed development will be 3,000 square feet. Staff notes that this is larger than the 1,200 square foot minimum required for R-3 (Residential) zoning districts, as specified in Article 6.4.3.H of the Zoning Resolution, as well as the observed heated floor areas in the immediate area of the subject site. However, Staff will incorporate the applicant's proposed standard in the Recommended Conditions.
The development proposed by the applicant is in compliance with the 50-foot minimum front yard setback, the 10-foot minimum side yard setback, and the 35-foot rear yard setback required for R-3 (Residential) zoning districts, as specified in Article 6.4.3 of the Fulton County Zoning Resolution.
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 (LDP).
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
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 and anticipated low density single family residential developments in the surrounding area.
B.
Whether the zoning proposal will adversely affect the existing use
or usability of adjacent or nearby property.
FINDING: In Staff's
opinion, the proposed 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 residential development is consistent with the density range suggested on the Comprehensive Plan Land Use Map and recent Board action in the area.
LAND USE PLAN MAP: Residential - 2 to 3 units per acre
Proposed
use/density: Residential Subdivision/ 1.12 Units Per
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 2 to 3 units per acre.
PLAN POLICIES:
Encourage infill development in residential areas
consistent with neighborhood preservation, transition of uses, and other
Comprehensive Plan policies.
Infill development in single family zoned areas shall be for single family residential development only.
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.
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
residential development is not considered environmentally adverse affecting
natural resources, the environment, or the citizens of
CONCLUSION:
Given the existing residential land uses and zonings in the
area, Staff is of the opinion that the applicant's request to develop a 2-lot
single family residential subdivision at a density of 1.12 units per acre is
appropriate for the subject site. Therefore, Staff recommends APPROVAL
CONDITIONAL of this petition
subject to the attached Recommended Conditions.
RECOMMENDED CONDITIONS
If this petition
is approved by the Board of Commissioners, it should be APPROVED R-3 (Residential) 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 2 total dwelling units, at a maximum density of 1.12 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
c. The minimum heated floor area per
dwelling unit shall be 3,000 square feet.
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 25, 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. Reserve
for
45 feet from
centerline of
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:
30 feet from
centerline of
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:
Level of Service: C or better
Anticipated Traffic Generation Rates:
Average: 28
trips per day
Peak Hour: 11 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.
This department is requiring
that all existing structures to be demolished must be inspected by a certified
pest control operator to insure that the premise is rat free. If evidence of rodent infestation is found,
the property must be baited prior to demolition.
If this proposed development
includes an existing individual onsite water supply system(s), and the
system(s) will be abandoned, it shall be abandoned in accordance with
WATER AND WASTEWATER (SEWER):
WATER:
Anticipated water demand: 600 gallons per day
This project is within the
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: Camp Creek
Treatment Plant: Camp Creek
Anticipated sewer demand: 540 gallons per day
The nearest wastewater pipeline to this project is
+/- 340 linear feet located in Land Lot 94, District 14FF.
Comments: This information does not guarantee that
adequate sewer capacity is available at this time or will be available upon
application of permits. Please contact the Department of Public Works for more
information.
DRAINAGE:
Flood Plain: FEMA Map No. 13121C0333E
Flood Plain: Approximately 0%
BOARD OF EDUCATION:
No Comment.
TAX ASSESSOR:
Property Tax ID#: 14F-0094-LL-005-2
Taxes on the subject property are up-to-date.
FIRE MARSHAL:
Station 13
Battalion 3
Impact: Will
have adverse effect on fire.
POLICE DEPARTMENT ZONING IMPACT
STATEMENT:
Beat 41
Impact Statement on Beat:
Current calls for service: 11,570
Projected calls for service: Unknown
**** Current average response time: 7
** Increase in the number of residents: 8.00
* Increase in E-911 calls for service (police, fire, E.M.S.): 20.0
*** Increase in the number of traffic
accidents: 0.4
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 not
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.
Increase traffic volume without road
improvements may increase response time of emergency response vehicles thereby
reducing effective delivery of emergency services.
Addressing of all proposed properties
identified within the petition must comply with the County's Addressing
Standard to reduce the likelihood of delay in response time.
CITY
OF
The proposed project is located
approximately 7.6 miles northwest 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}
Yes No-X
If yes, is the proposed land-use
deemed compatible according to CFR Title 14, Part 150?
Yes No
For complete information regarding
the location of the property in question relative to aircraft noise exposure
and the aircraft operational environment please refer to the DOA NOMS
Developer's Pack on file at the