PETITION No. 2006Z -0089 SFC

2006VC-0122 SFC

 

 

PROPOSED ZONING                     CUP (COMMUNITY UNIT PLAN) - 3.0 UNITS PER ACRE

 

PROPOSED USE                               SINGLE FAMILY RESIDENTIAL SUBDIVISION – 239-LOTS

                                                TOWNHOMES - 49 UNITS

 

EXISTING ZONING                           AG-1 (AGRICULTURAL)

 

EXISTING USE                                    VACANT CHURCH CAMP

 

LAND USE MAP                                  INSTITUTIONAL  

 

LOCATION                                              RED MILL ROAD (NORTH SIDE):

                                                                        103.93 FEET OF FRONTAGE

 

RED MILL ROAD (SOUTH SIDE):

                                                                        943.09 FEET OF FRONTAGE

 

                                                                        RED MILL COURT (WEST SIDE):

                                                                        563 FEET OF FRONTAGE

 

                                                                        CAMP TRAIL ROAD (WEST SIDE):

                                                                        540.81 FEET OF FRONTAGE

 

                                                                        CAMP TRAIL ROAD (EAST SIDE):

                                                                        541.39 FEET OF FRONTAGE

 

                                                                        KOWETA ROAD (NORTH SIDE):

                                                                        2,554.15 FEET OF FRONTAGE

 

                                                                        PARCEL SIZE 96.14 ACRES

 

                                                                        SMALL AREA 607

 

                                                                        LL 95, 96, 113, 114, 120, DISTRICT 9F

 

                                                                        COMMISSION DISTRICT 7

                                                                       

OWNER                                                    KOWETA VISION, LLC

 

 

PETITIONER                                         KOWETA VISION, LLC

 

REPRESENTATIVE                          MICHAEL HIGHTOWER

 

 

APPLICANT'S INTENT             To develop a 239-lot single family residential subdivision and 49 townhomes on 96.14 acre at an overall density of 3.0 units per acre. The applicant is also requesting a concurrent variance to delete the required 50-foot buffer and 10-foot improvement setback along the south, west and north property lines except in the area of the proposed townhomes (Article 12L.4.A.3).

 

 

Department of Environment and Community Development

Recommendation

 

APPROVAL CONDITIONAL: 2006Z -0089 SFC

DENIAL: 2006VC-0122 SFC

 

 

Community Zoning Board Recommendation

September 19, 2006

 

APPROVAL CONDITIONAL: 2006Z -0089 SFC

DENIAL: 2006VC-0122 SFC

 

The Community Zoning Board recommended approval of this petition per Staff's recommendations.

 


SUBJECT SITE AND SURROUNDING AREA:

 

SUBJECT SITE: The 96.14 acre subject site is a vacant church camp, and is located on the north side of Koweta Road approximately half a mile southwest of Derrick Road. The subject site is zoned AG-1 (Agricultural), and is currently undeveloped.

 

            NEARBY AND ADJACENT PROPERTIES/ZONINGS: RESIDENTIAL

 

**         North/East/West - Use: Residential Subdivision (Under Development) 

            Petition: 98Z-074 SFC/2004ZM -0025 SFC

            Zone: CUP (Community Unit Plan)

            Density for Single Family Units: 1.25 units per acre

            Density for Townhouses: 8 units per acre

Minimum Lot Size (Pods M and Y): 5,500 square feet, 209 Lots

Minimum Heated Floor Area: 1,400 square feet

Minimum Lot Size (Pod X and L): 9,000 square feet, 172 Lots

Minimum Heated Floor Area: 1,600 square feet

Minimum Lot Size (Pods K and N): 9,000 square feet, 210 Lots

Minimum Heated Floor Area: 1,800 square feet)

Minimum Lot Size (Pods J and P): 15,000 square feet, 144 Lots

Minimum Heated Floor Area (Pods J and P): 2,000 square feet

Minimum Lot Size (Pods S and W): 18,000 square feet, 137 Lots

Minimum Heated Floor Area: 2,100 square feet

            Pods (G and H) – Townhouses

            Minimum Heated Floor Area: 1,152 square feet, 196 units

 

**         Northwest –Use: Single Family Residence (Existing)

Zone:  AG-1 (Agricultural)  

Observed Minimum Heated Floor:  1,400 Square Feet

 

**         Further North –Use: Mixed use development (Approved)

Zone:  MIX (Mixed Use)  

Petition: 2001Z -0029 SFC

Density: 4.99 units per acre

Minimum Lot Size: 7,000 square feet for interior lots

Minimum Heated Floor: 1,600 square feet for 1-story and 1,800 square feet for two-story houses

 

**         South/Southwest & Northeast along Koweta Road - Use: Scattered Single Family Residences (Existing)

Zone:  R-2A (Residential)

Petition: Z73 -213 SFC

Density: None Stated

Observed Minimum Heated Floor:  1,400 Square Feet

Minimum Lot Size: 27,000 Square Feet.

 

**         Further Northeast – Use: Undeveloped (Approved)

            Petition: 2002Z -0098 SFC

Zone: R-5 (Residential)

Density: 1.95 units per acre

Minimum Lot Size: 7,500 square feet

Minimum Heated Floor Area: 1,600 square feet for 1-story dwelling units and 1,800 square feet for 2-story dwelling units

 

**         Further East - Use: Single Family Subdivision (Approved)

Zone:  R-4A (Residential)   

Petition: 2003Z -0053 SFC

Density: 2.0 Units Per Acre

Minimum Lot Size: 12,000 square feet

Minimum Heated Floor: 1,400 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 AG-1 (Agricultural) to CUP (Community Unit Plan) to develop a 239-lot single family residential subdivision and 49 townhouses on 96.14 acres at an overall density of 3.0 units per acre. Staff notes that although the subject site is a vacant church camp and is one of the many church facilities throughout the County that are reflected on the 2025 Land Use Plan Map as Institutional Use, the site is surrounded by properties designated by the Plan Map as appropriate for residential development at 1 to 3 units per acre. Staff is of the opinion that the potential for future institutional use of the site is limited and that the applicant's petition for residential development is appropriate. Staff is further of the opinion that the applicant's proposed density of 3.0 units per acre is consistent with Plan policies and Board action in the area. Therefore, Staff recommends APPROVAL CONDITIONAL of this petition subject to the attached Recommended Conditions.

 

MINIMUM LOT SIZE

 

The applicant indicates a minimum lot size of 6,000 square feet for interior lots and 7,500 square feet for perimeter lots. The applicant's proposal is inconsistent with Board action in the immediate area of the subject site. Staff notes that the subject site is surrounded to the west, north and east by a CUP (Community Unit Plan) zoning, pursuant to 98Z -074 SFC which was approved with numerous Pods with lot sizes ranging from 5,500 to 18,000 square feet. Pod N and Pod X are located adjacent to the subject site to the west and east respectively with a minimum lot size of 9,000 square feet for each lot. Staff notes that although some pods with a minimum lot size of 15,000 square feet abut the subject site, the majority of subject site is surrounded by Pods with a minimum lot size of 9,000 square feet. Given this, and to maintain development consistency in the immediate area, Staff recommends a minimum lot size of 9,000 square feet. Staff will reflect this in the Recommended Conditions. Staff further notes that the location of the proposed townhouses to the north is appropriate given the proximity to previously approved townhouses within the CUP (Community Unit Plan) development, pursuant to 98Z -074 SFC.

 

MINIMUM HEATED FLOOR AREA

 

The applicant has not indicated a minimum heated floor area for the proposed development. Staff notes that recent Board action in the immediate area of the subject site is the approval of a CUP (Community Unit Plan) zoning with a minimum heated floor area ranging from 1,600 to 2,100 square feet for detached single family units and 1,152 square feet for the townhouse units, pursuant to 98Z -074 SFC. To maintain development consistency in the immediate area, Staff recommends a minimum heated floor area of 1,800 square feet for the detached single family lots and a minimum 1,150 square feet for townhouse units. Staff will reflect this in the Recommended Conditions. 

 

BUILDING SETBACKS

 

The applicant proposes the following setbacks and development standards for the proposed CUP (Community Unit Plan) development:

           

Min. Lot Size

Min. Front Setback 

Min. Side Setback

Min. Side Corner

Min. Rear Setback

Min. Lot Width

Min. Lot Depth

6,000 square feet

20 feet

5 feet

20 feet

10 feet

60 feet

100 feet

7,500 square feet.

20 feet

5 feet

20 feet

10 feet

70 feet

108 feet

 

Staff notes that the applicant's proposed development standards are consistent with approved development standards in the immediate area of the subject site except for the front yard and rear yard setback. As noted above, the applicant is proposing a minimum front yard setback of 20 feet and rear yard setback of 10 feet. Pursuant to 98Z -074 SFC, the Board of Commissioners approved a CUP (Community Unit Plan) zoning adjacent to the subject site with a minimum front yard and a rear yard setback ranging from 25 feet to 35 feet. To maintain development consistency in the area, Staff recommends a minimum front yard and rear yard setback of 25 feet. Staff will reflect this in the Recommended Conditions.

 

LANDSCAPE STRIPS AND BUFFERS

 

In accordance with Article 12L.4.A.3 of the Zoning Resolution, all AG-1 (Agricultural) and residentially zoned developments shall provide a minimum 50 foot wide buffer and 10 foot improvement setback along any internal property line adjacent to a residential zoning and/or use.  The applicant is requesting a concurrent variance as follows:

 

To delete the required 50 foot wide buffer and 10 foot improvement setback along the south, west and north property lines except in the area of the proposed townhomes. (Article 12L.4.A.3)

 

In accordance with Article 22.3.1 of the Zoning Resolution, Staff has evaluated the concurrent variance request to determine if a hardship exists. Staff is of the opinion that the applicant has failed to demonstrate a valid hardship. Staff is further of the opinion that if there is hardship, it is self imposed, and that relief, if granted, would not be in harmony with the general purpose and intent of the Zoning Resolution, and that it would be in violation of the Cliftondale Overlay development standards. Therefore, Staff recommends DENIAL of the concurrent variance request. 

 

PARKING

 

Article 18 of the Fulton County Zoning Resolution requires 2 parking spaces per single family dwelling. The applicant must comply with the above standards at the time of obtaining a (LDP) Land disturbance Permit. 

 

TRANSPORTATION

 

Fulton County Traffic anticipates the traffic generation rates as follows: 2,668 average trips per day and 206 trips at the a.m. peak hour and 268 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 County Staff to verify areas addressed in the ESA report. According to the ESA and county GIS a stream flows from southwest to northeast bisecting the site and entering a lake with adjacent wetlands. Koweta Creek is located on the north and eastern property boundary of the site. A stream crossing is proposed in the central and western portion of the site. The 100-year floodplain is on the northeast portion and the 500-year floodplain is along the northeastern boundary and center portion of the site. According to county GIS slopes greater than 33 percent over a 10-foot rise in elevation are located in the stream buffer area and areas throughout the site. Development is proposed in several steep slope areas. All proposed development activities shall comply with the Fulton County Steep Slopes and Grading protection standards. Compliance with the County stream buffer requirements, floodplain regulations, wetlands protection, and erosion control guidelines would mitigate developmental impacts to adjacent properties. The site does not contain historical sites or sensitive plant and animal species.

 

OTHER CONSIDERATIONS

 

The applicant's site plan does not indicate compliance with Article 34.5.3 pertaining to the placement of sidewalk/curb and gutter along Koweta Road. The applicant must comply with the above standards at the time of application for a Land disturbance Permit.

 

Staff notes that it is Board policy to provide staggered front facades for all residential development in South Fulton County. Staff will include these in the Recommended Conditions.

 

Staff notes that it is Board policy that a minimum 50 foot principal building setback be provided adjacent to AG-1 (Agricultural) zoned properties. The applicant's site plan does not indicate compliance with the policy. The applicant is required to comply with the policy at the time of application for Land Disturbance Permit. Staff will reflect this in the Recommended Conditions.

Staff notes that the submitted site plan contains open space internal to the development. In order to insure proper care and maintenance, all green space and areas which may be held in common shall be accessible via dedicated roadways, easements, sidewalks, trails, etc., and shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of the Department of Environment and Community Development for review and approval prior to the recording of the first final plat. 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 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 detached and townhouse development, 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 a significant impact on public services and facilities. However, some impact on the surrounding transportation system is expected, but should be mitigated with the incorporation of Staff's Recommended Conditions. Some overcrowding of area schools may occur.

 

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

 

FINDING:      The proposed residential development is inconsistent with the institutional suggestion of the Comprehensive Plan Land Use Map, however, the proposed residential development is consistent with the Plan Map's suggestion for the surrounding area.

 

LAND USE PLAN MAP: Institutional

 

Proposed use/density: Residential Subdivision/ 3.0 Units Per Acre

 

The Comprehensive Plan Land Use Map suggests the subject site as appropriate for Institutional Use. The surrounding properties are designated by the Plan Map as appropriate for residential development at a density of 1 to 3 units per acre.  For the properties to the southeast, the Plan Map suggests residential at 1 to 2 units per acre. For the properties to the northwest and further north, the Plan Map suggests Neighborhood Living-Working corridor along South Fulton Parkway.

 

PLAN POLICIES:

 

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

 

Provide for the protection, preservation and maintenance of existing neighborhoods and residential areas, through County programs, regulations and enforcement mechanisms.

 

Encourage the development of a diverse mix of housing types, housing sizes, and price/rents in response to the current and projected needs of County residents.

 

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 residential 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 FULTON COUNTY.

 

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

 

CONCLUSION:

 

Provided Staff's Recommended Conditions are incorporated into the development of the site, the proposed residential development is consistent with the policies and intent of the Comprehensive Plan and with Board action in the area. Therefore, Staff recommends APPROVAL CONDITIONAL subject to the attached Recommended Conditions. Staff is of the opinion that the hardship for the concurrent variance is self imposed, and that it would not be in harmony with the intent of the Zoning Resolution. Therefore, Staff recommends DENIAL of the concurrent variance.

 

COMMUNITY ZONING BOARD HEARING

 

On September 19, 2006, the Community Zoning Board recommended approval of the petition and denial of the concurrent variance request per Staff's recommendations.

 

 

RECOMMENDED CONDITIONS

 

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

 

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

 

            a.         No more than 239 detached single family and 49 townhouse units at a maximum density of 3.0 dwelling units per acre based on the total acreage zoned, whichever is less.  Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of Fulton County. The total lot/unit yield of the subject site shall be determined by this final engineering.

 

b.         The minimum lot size shall be 9,000 square feet.

 

c.         The minimum heated floor area per unit for detached single family dwelling units shall be 1,800 square feet.

 

d.         The minimum heated floor area for townhouse dwelling units shall be 1,150 square feet.

 

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

 

a.         To the revised 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. 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.

 

b.         All areas including detention ponds which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of the Department of Environment and Community Development for review and approval prior to the recording of the first final plat.

 

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

 

a.        

 

Min. Front Setback 

Min. Side Setback

Min. Side Corner

Min. Rear Setback

Min. Lot Width

25 ft

5 ft.

20 ft.

25 ft.

70 ft.

 

b.         Provide a staggered setback of all dwelling facades. Staggered setbacks shall be determined by the placement of the dwellings on either side of the dwelling in question. Said setback shall provide a minimum 5-foot variation for single family detached dwellings as measured from the back of curb.

 

c.         Provide a minimum 50-foot principal building setback from peripheral property lines adjoining properties zoned AG-1 (Agricultural).

 

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

 

30 feet from centerline of Koweta Road or as may be required by the Fulton County Environment and Community Development Traffic Engineer.

 

30 feet from centerline of Red Mill Road or as may be required by the Fulton County Environment and Community Development Traffic Engineer.

 

30 feet from centerline of Camp Trail Road or as may be required by the Fulton County Environment and Community Development Traffic Engineer.

 

b.         Reserve for Fulton County along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers may straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Article 4.23 shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation:

55 feet from centerline of Koweta Road or as may be required by the Georgia Department of Transportation.

 

c.         Provide a minimum 5 foot wide mulched pedestrian trail to and around the lake.

 

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

 

a.         Prior to submitting the application for a (LDP) with the Department of Environment and Community Development, Development Review Division, arrange to meet with the Fulton County Traffic Engineer.  A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit.

 

b.         Prior to submitting the application for an LDP, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the Fulton County Arborist.  A signed copy of the results of these meetings will be required to be submitted along with the application for an LDP.

 

c.         Prior to submitting the application for an LDP, the developer/engineer shall contact the Public Works Department, Water Services Division, and arrange to meet on-site with an engineer from the Surface Water Management Program (SWMP), who is responsible for review of Storm Water Concept Plan submittals.

 

d.         Prior to submitting the application for an LDP, the developer and/or engineer shall submit to the SWMP, through the Development Review Division, a project Storm Water Concept Plan.  This concept plan shall indicate the preliminary location of the storm water management facilities intended to manage the quality and quantity of storm water.  The concept plan shall specifically address the existing downstream off-site drainage conveyance system(s) that the proposed development surface runoff will impact, and the discharge path(s) from the outlet of the storm water management facilities to the off-site drainage system(s) and/or appropriate receiving waters.  As part of the Storm Water Concept Plan submittal, a preliminary capacity analysis shall be performed by the engineer on the off-site drainage system(s) points of constraint.  The capacity analysis shall determine the capacity of all existing constraint points, such as pipes, culverts, etc. from the point of storm water discharge at the proposed development site boundary downstream to the confluence of the receiving drainage course at a point where the drainage area is at least ten times the proposed development site area and the next downstream drainage area having a drainage area of fifty acres or more.  The critical capacity points shall be selected based upon the engineer's field observation, professional judgment, and limited field survey data.  The analysis shall identify the downstream properties pre and post-development 100-year water surface elevations, and for any post-development water surface elevation increase exceeding 0.05 feet, the developer shall acquire the applicable offsite drainage easement to accommodate the 100-year storm flow through impacted properties.  Where Fulton County has completed a model of the basin, it shall be used by the developer in the analyses.

 

e.         Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, such that the discharge from the storm water management facility outlet crosses a property line, such discharge shall mimic pre-development sheet flow conditions.  A description of the method proposed to achieve post-development sheet flow conditions shall be provided as part of the Storm Water Concept Plan.  Should the method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a point down gradient at a live dry weather stream sufficient to contain the 25 year storm flow or other location as approved by the Director of Public Works.  This condition will not apply when the storm water management facility is designed and approved to discharge directly to a stream or watercourse.

 

f.          A draft of the Inspection and Maintenance Agreement required by Fulton County Code Section 26-278 shall be submitted to the Department of Public Works with the Storm Water Concept Plan.

 

g.         The Inspection and Maintenance Agreement shall provide that all storm water management/detention facility outlet control structures shall be inspected, photographed, and cleaned, if necessary, on a monthly basis, by the owner.  The Inspection and Maintenance Agreement shall require that the design engineer shall prepare an operation and maintenance guidance document, for use by the owner and/or any professionals retained by the owner, to plainly describe the basic operational function of the facility(ies), including a description of a permanent marker post(s) which shall indicate that the level of sediment which, if exceeded, requires sediment removal.  The Inspection and Maintenance Agreement shall require an annual operation and maintenance report for all storm water management/detention facilities be prepared by a licensed design professional and submitted to the SWMP.  The annual report shall include monthly inspections, photographs, and documentation of the cleaning of storm water management/detention facilities outlet control structure(s) as well as an operational assessment of the facilities indicating that they do, or do not, function as described in the design guidance document (described above), and if they do not, a description of the specific actions to be taken to allow the facilities to function as intended.

 

h.         The required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit, or Building Permit associated with the development.

 

i.          The engineer/developer is required to submit, along with the application for an LDP, signed documentation verifying approval of the Storm Water Concept Plan.

 

j.          Where paved parking areas (including access aisles) are proposed to exceed 5,000 square feet, the storm water management facilities shall be designed to reduce pollutants such as oil, grease and other automobile fluids that may leak from vehicles.  A general description, or concept, of the storm water management facilities proposed to achieve the removal of such pollutants shall be submitted with the Storm Water Concept Plan.  A detailed design of such facilities shall be included in applicable documents for a land disturbance permit.

 

k.         With the application for an LDP, provide  documentation (such as channel cross-sections, centerline profile, etc.) describing the geometry of those  existing natural streams, creeks, or draws within the proposed development boundary which in the design engineer's judgment are at risk of erosion due to increased flow, provide a description of the basis utilized in judging areas to be at risk, and provide details on the Storm Water Management Plan of the post-development channel bank protection measures.

 

l.          The developer/engineer shall demonstrate to the County by engineering analysis submitted with the LDP application, that the  discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions for the 1-year frequency storm event, up to and including the ten (10)-year frequency storm event.

 

m.        Drainage from all disturbed areas shall be collected and conveyed to a storm water management facility provided as part of the development.  The Storm Water Concept Plan shall identify any proposed areas with incidental and minor release of storm water not conveyed to such facilities, subject to the approval of the Director of Public Works.  Plans for any land disturbance permit shall show all proposed drainage patterns for the proposed development after its completion.  Any incidental release of unmanaged or untreated storm flows from any disturbed portion of the developed property shall be allowed only with the approval of the Director of Public Works.  Other than minimal incidental flows shall be specifically approved by the Director of Public Works.  Bypass flows will not be permitted except from undisturbed areas within a buffer or other protected easement.  Final plans shall provide for collection, conveyance and treatment of all approved incidental flows from developed lots or parcels, individual residences or building structures.

 

 n.        Storm water management facility(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection, in accordance with the Georgia State Storm water Manual, except that the duration of release for water quality treatment shall be 48 hours.

 

o.         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.

 

p.                  The developer/engineer is responsible to submit with the application for Land Disturbance Permit (LDP) a floodplain hydrology and hydraulic study. This floodplain study shall establish the on – site pre – development 100 – year storm frequency Base Flood Elevation (BFE) of the pre – development floodplain. The LDP Storm Water Management Plan shall graphically depict the pre – development floodplain horizontal boundaries and show the BFE.

 

q.                  The developer/builder at the Building Permit application, shall demonstrate to the County, that each lot and/or building site with established 100 – year pre – development floodplain BFE, complies with the County's floodplain lowest floor elevation requirement, prior to the inspection and approval of the structure's foundation under construction. The FEMA Elevation Certificate shall be utilized to demonstrate that the top of the structure lowest floor complies with county requirements.

 

r.                    The developer/builder, at the Building Permit application shall provide to the County a lot site  grading plan that shows the BFE and graphically depicts the pre – development 100 - year floodplain horizontal boundary, and proposed structure foundation location , including lot's buildable area required by the County code.

 

 

APPENDIX

 

COMMENTS ON PUBLIC SERVICES AND UTILITIES

 

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

 

TRANSPORTATION FACILITIES:

 

Road name: Red Mill Road

Classification: Local Street

Level of Service: C or better

 

Road name: Camp Trail Road

Classification: Local Street

Level of Service: C or better

 

Road name: Koweta Road

Classification: Collector

Level of Service: C or better

 

Road name: Red Mill Court

Classification: Local Street

Level of Service: C or better

 

Anticipated Traffic Generation Rates:

Average: 2,668 trips per day

Peak Hour: 206 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 includes a public swimming pool as defined in the regulations including spas, whirlpools, etc., the owner or contractor must submit plans for review and approval by this department and must obtain a Health Department permit to construct before issuance of a building permit.  Also, the owner of the facility must obtain a Health Department permit to operate the pool prior to opening.

 

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 sewage management system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations.

 

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 Fulton County regulations.

 

WATER AND WASTEWATER (SEWER):

 

WATER:

 

Anticipated water demand: 86,400 gallons per day

 

This project is within the Atlanta jurisdiction.

Comments: This information does not guarantee that adequate water volume and pressure are available at this time or will be adequate upon application of permits. Please contact the Department of Public Works for more information.

 

SEWER:

 

Basin: Deep Creek

Treatment Plant: Camp Creek

Anticipated sewer demand: 77,760 gallons per day

 

The nearest wastewater pipeline to this project is +/- 50 linear feet located in Land Lot 120, District 9F.

 

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. 13121C0451E. Approximate average floodplain= 14%.

 

BOARD OF EDUCATION:

 

# of Proposed Units: 239 single family & 49 townhouses

 

 

Schools

 

 

Renaissance

Elementary

 

Sandtown

Middle

 

Creekside High School

 

Estimated Number of Students Generated

 

75 to 109

 

39 to 60

 

48 to 67

 

State Capacity A     

 

850