2008U -0012 SFC
2008VC-0028 SFC
PROPOSED ZONING M-1 (LIGHT INDUSTRIAL) WITH
A USE PERMIT (ARTICLE 19.4.39) – 2,201.26 SQUARE FEET PER
PROPOSED USE WRECKER SERVICE WITH OFFICE –
3,500 SQUARE FEET
EXISTING ZONING AG-1 (AGRICULTURAL)
EXISTING USE SINGLE FAMILY RESIDENCE
LAND USE MAP NO LAND USE PLAN DESIGNATION
LOCATION
363.64 FEET OF FRONTAGE
PARCEL SIZE 1.59 ACRES
SMALL AREA 615
LL 100, DISTRICT 9F
COMMISSION DISTRICT 7
THE SITE IS CURRENTLY ON SEPTIC
OWNER
PETITIONER LARRY’S WRECKER SERVICE, INC
REPRESENTATIVE MICHELLE JACKAM
APPLICANT’S INTENT To rezone the subject site from AG-1 (Agricultural) to M-1 (Light Industrial) with a special Use Permit to develop a wrecker/towing service with a 3,500 square-foot office on 1.59 acres at an overall density of 2,201.26 square feet per acre. The applicant is also requesting a 4-part concurrent variance as follows:
Part 1 – Allow a storage facility within 3 miles of an existing facility (Article 19.4.39, Section B.1)
Part 2 – Reduce the required 200-foot buffer and 10-foot improvement setback to a 25-foot buffer and no improvement setback along the south property line (Article 19.4.39, Section B.2).
Part 3 – Reduce the required 200-foot buffer and 10-foot improvement setback to a 15-foot buffer and no improvement setback along the east property line (Article 19.4.39, Section B.2).
Part 4 - Reduce the required 200-foot buffer and 10-foot improvement setback to a 15-foot buffer and no improvement setback along the north property line (Article 19.4.39, Section B.2).
Department of Environment
and Community Development
Recommendation
APPROVAL CONDITIONAL: 2008U
-0012 SFC
APPROVAL CONDITIONAL:
2008VC-0028 SFC (All Parts)
Community Zoning Board
Recommendation
October 21, 2008
DEFERRAL FOR UP TO 90 DAYS
Community Zoning Board
Recommendation
November 18, 2008
APPROVAL CONDITIONAL: 2008U
-0012 SFC
APPROVAL CONDITIONAL: 2008VC-0028 SFC (All Parts)
SUBJECT SITE AND SURROUNDING AREA:
SUBJECT SITE: The subject site consists of 1.59 acres and is zoned AG-1 (Agricultural). The site is currently developed with a single family residence.
NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL
** North – Use: D&M Battery Sales, Inc (Existing)
Zone: C-2 (Commercial)/M-1 (Light Industrial)
Petition: Z76-021 SFC/Z57 -017 SFC
** North – Use: Used Car Sales (Existing)
Zone: M-1 (Light Industrial)
Petition: Z57-017 SFC
** Further North – Use: Food Mart Chevron (Existing)
Zone: C-1 (Community Business)
Petition: Z57-018 SFC
** Further North - Use: Fulton County Department of Family and Children Services (Existing)
Zone: C-1 (Community Business)
Petition: Z74-084 SFC
** Further, Further North – Use:
Zone: AG-1 (Agricultural)
** South – Use: Family Dollar Store (Existing)
** South – Use: Oil Change Facility (Existing)
** South – Use: Pacecar Express Gas Station (Existing)
** South – Use: Shell Gas Station (Existing)
** Southwest – Use: Emission Testing Station (Existing)
** West – Use:
** Northwest – Use: Christopher Tire Shop (Existing)
** Further,
Further Northwest - Use:
Stonewall
Zone: AG-1 (Agricultural)
** Further Northwest along Cochran Drive and Stonewall Tell Road – Use: Scattered Single Family Residences (Existing)
Zone: AG-1 (Agricultural)
** Southwest
along
MISCELLANEOUS USES AND ZONINGS IN THE AREA:
** South/East/West
- City limits of
** East
–
** There have been no RECENT DENIALS in the immediate area.
SITE PLAN ANALYSIS:
Based on the applicant's revised site plan submitted to the Department of Environment and Community Development on November 20, 2008, Staff offers the following considerations:
LAND USE AND DENSITY
The applicant is proposing to rezone the subject site from AG-1 (Agricultural) to M-1 (Light Industrial) with a Use Permit for a wrecker/towing service with a 3,500 square foot office on 1.59 acres at an overall density of 2,201.26 square feet per acre.
Staff notes that there is no Land
Use Map designation for the subject site per the Fulton County 2025 Land Use
Plan Map. However, the Plan Map recommends that the adjacent properties to the
east and northeast as appropriate for industrial use and the properties to the
northwest and to the north as appropriate for office and commercial use
respectively. Staff further notes that the adjacent properties to the south and
to the north are developed with various commercial uses, and the adjacent
property to the east is the right-of-way of the Atlanta & West Point
Railroad. The property to the west across
BUILDING SETBACKS
40-foot building setback along
0-foot building setback along the south property lines (side yards)
0-foot building setback along the north property line (side yard)
0-foot building setback along the east property line (rear yard)
The applicant’s site plan shows compliance with the building setback requirements.
The
subject site is required to provide the following landscape strips and
undisturbed buffers with improvement setbacks per Article 19.4.39.B of the Fulton County Zoning
Resolution.
A 50-foot buffer and 10-foot improvement setback along the
A 200-foot buffer and 10-foot improvement setback along the east property line
A 200-foot buffer and 10-foot improvement setback along the south property line
A 200-foot buffer and 10-foot improvement setback along the north property line
The applicant’s site plan does not indicate compliance with the requirements. Therefore, the applicant is requesting concurrent variance as follows:
Part 2- Reduce the required
200-foot buffer and 10-foot improvement setback to a 25-foot buffer and no
improvement setback along the south property line (Article 19.4.39.B.2)
Staff notes that the properties to
the south are located within
Part 3 - Reduce the required
200-foot buffer and 10-foot improvement setback to a 15-foot buffer and no
improvement setback along the east property line (Article 19.4.39.B.2)
Part 4- Reduce the required
200-foot buffer and 10-foot improvement setback to a 15-foot buffer and no
improvement setback along the north property line (Article 19.4.39.B.2)
Staff notes that the adjacent property to the north is zoned C-2 (Commercial) pursuant to Z76 -021 SFC and M-1 (Light Industrial) pursuant to 57Z -017 SFC and is developed with the D&M Battery service and the property to the east is the right-of-way of the Atlanta & West Point Railroad. Staff is of the opinion that the applicant has demonstrated a valid hardship due to the size of the property and that the variance, if granted, would have a minimal adverse effect on the adjacent properties and would be in harmony with the existing development in the immediate area. Therefore, Staff recommends APPROVAL CONDITIONAL of Parts 3 & 4 of the concurrent variance subject to the attached Recommended Conditions.
Pursuant
to Article (19.4.39.B.1) of the
Fulton County Zoning Resolution, a new salvage, storage and/or junk yard
facility shall not be located within 3 miles of an existing junk yard facility.
Staff notes that the subject site is approximately 0.84 miles (4,400 feet) of
an existing salvage, storage and/or junk yard facility located further
northeast, at the northeast quadrant of Hunter Road and Roosevelt Highway (SR
14/US 29). Therefore, the applicant is requesting a concurrent variance as
follows:
Part 1 - To allow a new
salvage, storage and/or junk yard facility within 3 miles of an existing
salvage, storage, and/or junk yard facility (Article 19.4.39.B.1).
Staff is of the opinion that although the subject site does not comply with the use separation requirements, the variance, if granted would have a minimal adverse effect on adjacent properties and that the applicant’s proposed development would be in harmony with the existing development in the immediate area. Staff is further of the opinion that the required buffers and landscape strips would minimize any adverse effect to adjacent properties. Therefore, Staff recommends APPROVAL CONDITIONAL of Part 1 of the concurrent variance subject to the attached Recommended Conditions.
PARKING
The site plan shows a total of 6 parking spaces on the east side of the existing residential structure to be converted to office. Article 18.2.1 requires one parking space per employee and 1 space per 5,000 square feet of building. Based on the 3,500 square foot building area and 3 employees, a minimum of 4 parking spaces are required. The applicant’s site plan indicates compliance with the requirement.
ENVIRONMENT
The Environmental Impact Report
is sufficient and satisfies the requirement of the Fulton County Zoning
Resolution. A field survey of the site was conducted by
According to the 2000 census data
the proposed site is located in an area of low/moderate income and minority
concentration. According to the EIR the proposed activity on the site does not
pose an adverse risk to the surrounding area and impact on noise, air quality,
water quality and wildlife in the existing area. According to
The applicant is proposing a height limit of one and one-half (1½) stories for the proposed wrecker/towing facility which would be compatible with the area. Therefore, Staff has included the height limitation in the Recommended Conditions.
In order to minimize any adverse visual impact, Staff recommends that the applicant provide the following screening measures which Staff shall include in the attached Recommended Conditions:
The 100 percent opaque fence
along
Provide a minimum 6-foot tall
evergreen plant material at the time of buffer planting along
Access to Roosevelt Highway (SR 14/US 29) shown on the applicant’s revised site plan dated November 20, 2008 shall be permitted and installed by the owner should the existing access from Houston Street with (no identified right-of-way or easement) be prohibited. Staff shall reflect this in the attached Recommended Conditions.
Staff notes that the existing structures on the subject site would encroach within the required buffers and improvement setback. Staff further notes that Article 4.3.E, Section 1 of the Zoning Resolution allows for the required buffers and setbacks to be reduced to the extent necessary to allow existing structures to remain. Staff shall reflect this in the attached 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 wrecker/towing facility, if developed with Staff’s Recommended Conditions, is suitable for the subject site considering the existing uses in the immediate 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 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 wrecker/towing facility is consistent with the policies and intent of the Comprehensive Plan and Plan Map designations in the surrounding area provided the Recommended Conditions are incorporated into the development.
LAND USE PLAN MAP: No Land Use Plan designation.
Proposed use/density: Wrecker/towing facility – 2,201.26 square feet 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 appropriate building heights which are compatible with the surrounding area and are consistent with transitional and other land use policies.
Provide for the transition of land uses from higher to lower densities and between different land uses.
F. WHETHER
THERE ARE OTHER EXISTING OR CHANGING CONDITIONS AFFECTING THE USE AND
DEVELOPMENT OF THE PROPERTY WHICH GIVE SUPPORTING GROUNDS FOR EITHER APPROVAL
OR DISAPPROVAL OF THE ZONING PROPOSAL.
FINDING: Existing zonings and current non-residential development
trends in the area support this request.
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
BOARD OF COMMISSIONERS POLICY
Article 19.4.39 of the Zoning
Resolution provides for salvage, storage and/or junk facility in an M-1 (Light Industrial)
and M-2 (Heavy Industrial) zoned districts with an approved Use Permit. Staff notes that Pursuant to Article 19.4.39
of the Zoning Resolution, the Board of Commissioners has previously approved
rezoning with a Use Permit for salvage, storage and/or junk facility in
On September 1, 1999, pursuant to 99Z -059 SFC/99U -033 SFC, the Board of Commissioners approved the petitioner’s request to rezone from AG-1 (Agricultural), M-1 (Light Industrial) pursuant to Z85 -006 SFC, Z72 -139 SFC and C-2 (Commercial) to M-2 (Heavy Industrial) and a Use Permit for a 37,400 square foot salvage/storage facility further northeast on Roosevelt Highway (SR 14/US 29).
In the interest of the public health, safety and welfare, the Board of Commissioners may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Board of Commissioners shall consider each of the following as outlined in Article 19.2.4 of the Zoning Resolution; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments:
(1) Whether the proposed use is consistent with
the Land Use or Economic Development plans adopted by the Board of
Commissioners:
Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.39 of the Zoning Resolution, the proposed development is consistent with the intent and following policies of the Comprehensive Plan:
Direct future non-residential development to highway interchanges, and intersections of major roads in a pattern of mixed-use activity nodes.
Provide for the transition of land uses from higher to lower densities and between different land uses.
Encourage appropriate building heights which are compatible with the surrounding area and are consistent with transitional and other land use policies.
(2) Compatibility with land uses and zoning districts in the vicinity of the property for which the Use Permit is proposed;
The proposed wrecker/towing facility is compatible with existing land uses and zoning in the surrounding area, if it is developed in accordance with Staff’s Recommended Conditions and other Fulton County development standards.
(3) Whether the proposed use may violate local, state and/or federal
statutes, ordinances or regulations governing land development;
The proposed use does not violate any known statutes, ordinances or regulations governing land development.
(4) The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets;
Staff is of the opinion that the proposed wrecker/towing facility will not generate a significant increase in traffic. Staff anticipates that the proposed use will have a minimal impact on traffic.
(5) The
location and number of off-street parking spaces;
The applicant’s site plan indicates 6 parking spaces located to the east of the existing residential structure to be converted to the office for the proposed development. Article 18 of the Fulton County Zoning Resolution requires one parking space per employee plus 1 parking space per 5,000 square feet. Based on a total of 3,500 square feet building space and approximately three employees as indicated by the applicant, a minimum of 4 parking spaces are required. The applicant’s site plan indicates compliance with the parking space requirements. Staff is of the opinion that compliance to the required buffers and landscape strips shall mitigate any impact on adjacent properties.
(6) The amount and location of open space;
Staff is of the opinion that given the required building setbacks, the size of the existing structure and the nature of the proposed use as an outdoor wrecker/towing service, there would be adequate open space for the site.
(7) Protective screening;
The required
buffers as conditioned by Staff and improvement setback along
(8) HOURS
AND MANNER OF OPERATION;
The applicant indicates that the hours of operation would be 24 hours a day, 7 days a week (24/7). Given the existing non-residential uses in the area, Staff is of the opinion that the applicant’s proposed hours of operation would have a minimal adverse effect on the adjacent properties.
(9) OUTDOOR
LIGHTING;
Article 4.9 of the Zoning Resolution
specifies that outdoor fixtures shall be of full cutoff and shall be placed so
as to allow no light above the horizontal as measured at the luminaire, and
shall be located, aimed or shielded so as to minimize glare and stray light
trespassing across property boundaries and into public right-of-way in
accordance with the standards set forth for specific uses. Any exterior
lighting that is in compliance with the Zoning Resolution should not negatively
impact adjacent properties.
(10) INGRESS
AND EGRESS TO THE PROPERTY.
The applicant is proposing one curb cut
for ingress/egress on
CONCLUSION
In Staff’s opinion, the proposed wrecker/towing
facility is consistent with Plan policies and is an appropriate use for the
area, if developed with the requirements of the Zoning Resolution and Staff’s
Recommended Conditions. Therefore, Staff recommends
the zoning petition, the Use Permit and all parts of the concurrent variance be
APPROVED CONDITIONAL subject to the attached Recommended Conditions.
COMMUNITY
ZONING BOARD RECOMMENDATION
On
October 21, 2008 the Community Zoning Board deferred this petition for up to 90
days per the applicant’s request in order for the applicant to have additional time
to resolve access issues off of
COMMUNITY
ZONING BOARD RECOMMENDATION
On
November 18, 2008 the Community Zoning Board approved this petition, the Use
Permit and all parts of the concurrent variance per Staff’s recommendation.
There was no opposition to this petition at the public hearing.
RECOMMENDED CONDITIONS
1. To the owner's agreement to restrict the use of the subject property as follows:
a. Restrict the use of the subject property to a Salvage/Storage and/or Junk Facility at an overall density of 2,201.26 gross square feet per acre zoned or a total gross floor area of 3,500 square feet, whichever is less.
b. Limit the height of the building to no more than one and one-half (1½) stories.
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 November 20, 2008. 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 a new storage facility within 3 miles of an existing facility (2008VC-0028 SFC, Part 1).
b. Reduce the required 200-foot buffer and 10-foot improvement setback to a 25-foot buffer and no improvement setback along the south property line (2008VC-0028 SFC, Part 2).
c. Reduce the required 200-foot buffer and 10-foot improvement setback to a 15-foot buffer and no improvement setback along the east property line (2008VC-0028 SFC, Part 3).
d. Reduce the required 200-foot buffer and 10-foot improvement setback to a 15-foot buffer and no improvement setback along the north property line (2008VC-0028 SFC, Part 4).
e. The 100
percent opaque fence along
f. Provide
minimum 6-foot tall evergreen plant material at the time of buffer planting
along
g. Reduce all buffers and improvement setbacks to the extent necessary to allow existing structures to remain.
4. 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:
55 feet from
centerline of
b. Access to Roosevelt Highway (SR 14/US 29) shown on the applicant’s site plan dated November 20, 2008 shall be permitted and installed by the owner should the existing access from Houston Street (no right-of-way or easement found) be prohibited.
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.
APPENDIX
COMMENTS ON PUBLIC SERVICES AND UTILITIES
NOTE:
Various
Road name:
Classification: Principal Arterial
Level of Service: C or better
Anticipated Traffic Generation Rates:
Average: 9 trips per day
Peak Hour: 1 trip
HEALTH DEPARTMENT:
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.
Since this development
utilizes an onsite sewage management system, the owner must obtain approval
from this Department prior to issuance of a building permit or a use permit and
before building construction or renovation.
WATER AND WASTEWATER (SEWER):
WATER:
Anticipated water demand: 389 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: 350 gallons per day
The nearest wastewater pipeline to this project is
+/- 32 linear feet located in Land Lot 100, 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: None.
BOARD OF EDUCATION:
No comments.
TAX ASSESSOR:
Property Tax ID#: 09F-2202-0100-033-7
Taxes on the subject property are
up-to-date.
FIRE MARSHAL:
Fire Station: Station 14, Battalion 1.
Impact: Should not have adverse effect.
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: 6.86
* Increase in E-911 calls for service (police, fire, E.M.S.): 17.2
*** 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 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
Standard to reduce the likelihood of delay in response time.
City of
The proposed project is located approximately 6.8 miles
southwest of the
Additionally, the site does not lie
under protected airspace associated with the Airport; therefore, there are no
restrictions as to height of buildings that may be constructed on the proposed
site.