PROPOSED ZONING C-2 (COMMERCIAL) - 5,221.6
SQUARE FEET PER
PROPOSED USE CAR WASH – 3,240 SQUARE FEET
EXISTING ZONING MIX (MIXED USE) – 99Z -098 SFC
EXISTING USE UNDEVELOPED
LAND USE MAP NEIGHBORHOOD LIVE-WORK
LOCATION
132 FEET OF FRONTAGE
PARCEL SIZE 0.6205 ACRES
SMALL AREA 704
LL 125, DISTRICT 13
COMMISSION DISTRICT 7
OWNER S. S. BLACKSTOCK, LLC
PETITIONER THE COLLABORATIVE FIRM
REPRESENTATIVE MICHAEL HIGHTOWER
APPLICANT'S INTENT To develop a 3,240 square foot car wash facility on 0.6205 acres at a density of 5,221.6 square feet per acre.
Department of Environment
and Community Development
Recommendation
Community Zoning Board
Recommendation
September 19, 2006
The Community Zoning
Board recommended approval of this petition per Staff's recommendations.
SUBJECT SITE AND SURROUNDING AREA:
SUBJECT SITE:
The 0.6205 acre subject site is
zoned MIX (Mixed Use), pursuant to 99Z -098 SFC, office/commercial at a density
of 7,971.25 square feet per acre zoned, 642,482 square foot total; residential
– 152 units at a density of 1.89 units per acre zoned. The subject site is located
on the west side of
NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL
** North - Use: Liquor Store (Existing)
Petition: 97Z -160 SFC
Zone: C-1 (Community Business)
Density: 4,962 square feet per acre for a total of 6,500 square feet
** North - Use: Chevron Convenience Store (Existing)
Petition: Z68-146 SFC
Zone: C-1 (Community Business)
Density: None Stated
** North - Mrs. Winners Restaurant (Existing)
Petition: Z83-097 SFC
Zone: C-1 (Community Business)
Density: 2,957 square feet per acre, 2,868 total square feet
** Northwest - Use: Bank (Approved)
Petition: 2006Z -0011 SFC
Zone: C-1 (Community Business)
Density: 3,222.58 square feet per acre
** Further
North, across Flat
Petition: Z69-076 SFC
Zone: C-1 (Community Business)
Density: 13,670 square feet per acre
** Further
North, across Flat
Petition: 96Z -068 SFC, Z88-072 SFC and Z69-102 SFC
Zone: C-1 (Community Business)
Density: 4,978 square feet per acre, 136,458 total square feet (96Z-068 SFC); 10,000 square feet per acre, 47,000 total square feet (Z88-072 SFC); 12,670 square feet pre acre (Z69-102 SFC)
Height:
2-stories
** Northeast across
Petition: Z80-054 SFC
Zone: C-1 (Community Business)
Density: 5,975 square feet per acre
** Northeast quadrant of Old National
Highway & Flat
Petition: 96Z -085 SFC
Zone: C-1 (Community Business)
Density: 6,919 square feet per acre, 11,070 total square feet
Height: 1-story
** East across
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 total sq. ft |
|
Day Care Facility |
99Z -141 SFC |
1,744.97 sq. ft. per acre 2,600 total sq. ft. |
|
Foot and |
Z93-083 SFC |
1,333 sq. ft. per acre 1,700 total sq. ft. |
|
Woman's Health Services |
Z93-057 SFC |
1,785 sq. ft. per acre 2,500 total sq. ft. |
|
Family Dentistry |
Z93-097 SFC |
1,333 sq. ft. per acre 2,000 total sq. ft. |
** South
- Use:
Petition: Z86 -079 SFC
Zone: C-1 (Community Business)
Density: 9,320 square feet per acre
** South/West
–
Petition: 99Z -098 SFC
Zone: MIX (Mixed Use)
Density: Office/Commercial - 7,971.25 square foot per acre, 642,482 square foot total;
Residential -152-units, 1.89 units per acre based on total acreage zoned
Height: 2-stories
** Further
Northwest - Use: Live
Zone: SUB A (Residential), AG-1 (Agricultural)
Petition: Z57-037 SFC/U88-089 SFC (Day Care Facility)
Density: None stated for the church, 72 children for the day care facility
NEARBY
AND ADJACENT PROPERTIES/ZONINGS:
RESIDENTIAL
** Further
Northwest, across Flat
Petition: 2002Z-0093 SFC
Zone: TR (Townhouse Residential)
Density: 9.0 units per acre
Minimum Heated Floor Area: 1,200 square feet
** Further
East, across
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
** Further
Southeast, across
Petition: 2002Z -0043 SFC
Zone: TR (Townhouse Residential)
Density: 7.19 units per acre
Minimum Heated Floor Area: 1,200 square feet
** MISCELLANEOUS USES/ZONINGS IN THE AREA
** There have been no RECENT DENIALS and there are no MISCELLANEOUS USES/ZONINGS in the immediate area.
SITE PLAN ANALYSIS:
Based on the applicant's site plan submitted to the Department of Environment and Community Development on July 25, 2006, Staff offers the following considerations:
LAND USE AND DENSITY
The applicant is proposing to rezone the subject site from MIX (Mixed Use), pursuant to 99Z -098 SFC, to C-2 (Commercial) to develop a 3,240 square foot car wash facility on 0.6205 acres, for a density of 5,221.6 square feet per acre. The applicant's request is consistent with the Comprehensive Plan Land Use Map's suggestion for Live-Work Neighborhood which allows commercial development on the subject site and the surrounding properties. The petition is also consistent with existing development and approved zonings and densities in the area. Therefore, Staff recommends the applicant's petition be APPROVED CONDITIONAL subject to the attached Recommended Conditions.
BUILDING SETBACKS
Article 9.2.3 of the Zoning Resolution requires a minimum of 40-foot front yard setback. The applicant's site plan indicates compliance with all building setback requirements.
LANDSCAPE STRIPS AND BUFFERS
In accordance with Article
12D.3.A.1 of the Zoning Resolution, a 15 foot landscape strip is required along
PARKING
Article 18.2.1 of the Zoning Resolution requires the applicant to provide 5 parking spaces per 1,000 square feet of building area for commercial development. Based on the proposed total area of 3,240 square feet, 16 parking spaces are required. The applicant's site plan indicates compliance with the parking requirements.
TRANSPORTATION
Fulton County Traffic anticipates the traffic generation rates as
follows: 731 average trips per day, 20 trips at the a.m. peak hour, and 65
trips at the p.m. peak hour. To help mitigate the impact of increased traffic,
the Fulton County Traffic Engineer is requiring the applicant to comply with
traffic recommendations in the Recommended Conditions.
ENVIRONMENTAL
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
Pursuant to Article 34.5.3 of the
Fulton County Zoning Resolution, sidewalks are required along the entire length
of the property along
The subject site lies within the area covered by the Old National Overlay District. The applicant will be required to demonstrate compliance with the overlay district standards at the time of permitting.
Staff notes that existing and approved building heights in the area are 1-story. Staff is of the opinion that in order to maintain the character of the area for bulk and height, building height should not exceed 1-story. Staff will reflect this in the Recommended Conditions.
___________________________________________________________________________
FINDINGS:
(Article 28.4.1) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A. through G., below, as well as any other factors it may find relevant.
A.
WHETHER THE ZONING PROPOSAL WILL
PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT
AND NEARBY PROPERTY.
FINDING: The proposed car wash, if developed with Staff's Recommended Conditions, is suitable for the subject site given the existing and anticipated commercial 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 car wash 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 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 car wash is consistent with the suggestion of the Plan Map as well as policies and intent of the Comprehensive Plan. The petition is also consistent with Board action and similar uses in the area.
LAND USE PLAN
MAP: Neighborhood Live-Work
Proposed
use/density: Car Wash/ 5,221.6 Square Feet Per
The Comprehensive Plan Land Use
Map suggests the subject site and the surrounding properties as appropriate for
Neighborhood Live-Work which allows commercial development. Further east and
further west, the Plan Map suggests residential development at 3 to 5 units per
acre.
PLAN POLICIES:
Direct future non-residential
development to highway interchanges and intersections of major roads in a
pattern of mixed-use, activity nodes.
Encourage a
broad range of business types and an even distribution of employment centers among the major divisions of
unincorporated
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: Plan policies
support this request for commercial development if approved per 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
FINDING: The proposed use 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 car wash is consistent with
similar commercial uses and Board action in the area. Therefore, Staff
recommends this petition be APPROVED CONDITIONAL, subject to the
attached Recommended Conditions.
RECOMMENDED CONDITIONS
If this petition is approved by the Board of Commissioners, it should be APPROVED C-2 (Commercial) CONDITIONAL subject 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. Car wash and accessory uses at a maximum density of 5,221.6 gross square feet per acre zoned or a total of 3,240 square feet, whichever is less.
b. Limit the height of the building(s) 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 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 requirements, dedication 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
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: 731 trips per day
Peak Hour: 20 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.
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: 3,333 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: Morning Creek
Treatment Plant: Camp Creek
Anticipated sewer demand: 3,000 gallons per day
The nearest wastewater pipeline to this project is onsite,
located in Land Lot 125, 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: FEMA Map No. 13121C0478E.
Approximate floodplain = 0%.
BOARD OF EDUCATION:
No comments.
TAX ASSESSOR:
Property Tax ID#: 13-0125-LL-077-2
Taxes on the subject property are up-to-date.
FIRE MARSHAL:
Fire Station: Battalion 1, Station 7.
Impact: Will increase in water demands
and road congestion.
POLICE DEPARTMENT ZONING IMPACT
STATEMENT:
Beat: 35
Impact Statement on Beat:
Current calls for service: 10,252
Projected calls for service: Unknown
**** Current average response time: 10
minutes
** Increase in the number of residents: 6.0
* Increase in E-911 calls for service (police, fire, E.M.S.): 15.0
*** Increase in the number of traffic
accidents: 0.3
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.
Addressing of all proposed properties
identified within the petitions must comply with the County's Addressing
standards to reduce the likelihood of delay in response time.
City of
The proposed project is located approximately 2.7 miles
south 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