PROPOSED ZONING USE PERMIT FOR A PRIVATE
SCHOOL AND DAY CARE FACILITY (ARTICLE 19.4.40) - 1,148.49 SQUARE FEET PER
PROPOSED
479
STUDENTS, GRADES K-5
DAY CARE FACILITY - 5,985 SQUARE FEET
171 STUDENTS
EXISTING ZONING R-3 (RESIDENTIAL)
EXISTING
USE
DAYCARE FACILITY - 99U -0031 SFC
LAND USE MAP INSTITUTIONAL USE
LOCATION
296.64 FEET OF FRONTAGE
PARCEL SIZE 35.742 ACRES
SMALL AREA 512
LL 48, DISTRICT 14FF
COMMISSION DISTRICT 5
OWNER
PETITIONER
REPRESENTATIVE LARRY M. DINGLE
APPLICANT'S INTENT To develop a 479 student, grades K-5 private school consisting of 35,064 square feet and a 5,985 square-foot, 171 student day care facility on 35.742 acres at a density of 1,148.49 square feet per acre.
Department of Environment
and Community Development
Recommendation
Community Zoning Board
Recommendation
November 21, 2006
SUBJECT SITE AND SURROUNDING AREA:
SUBJECT SITE
The 35.742 acre subject site is located on the north side of
SURROUNDING AREA
The City of
The applicant is proposing to develop a 35,064 square foot private school for grades K-5 consisting of 479 students and to expand the existing day care facility to 5,985 square feet for 171 students on 35.742 acres at a density of 1,148.49 square feet per acre. The request is in addition to the church currently on the site which is approved for a total of 200,000 square feet pursuant to 99U -031 SFC. Staff notes that pursuant to Article 19.4.40.B.5, day care facilities in association with the school do not require a separate use permit. Based on the applicant's site plan submitted to the Department of Environment and Community Development on September 27, 2006, Staff offers the following considerations for both the private school and the expanded day care facility:
BUILDING SETBACKS
Pursuant to Article 19.4.40, buildings shall not be located within 100
feet of an adjoining residential district or use. Staff notes that the submitted site plan
complies with this standard.
Staff notes that pursuant to the previously approved use permit for the church (U91 -013 SFC) and the existing day care facility (99U -031 SFC), the Board of Commissioners approved a 200-foot principle building setback adjacent to the west, southwest and south property lines commencing at a point 550 feet from the new dedicated right-of-way of Cascade Road. Staff shall include this stipulation in the attached Recommended Conditions.
LANDSCAPE STRIPS AND BUFFERS
Article 19.4.40.B.2 requires that the site meet the buffer and landscape strip standards pursuant to the O-I (Office-Institutional) zoning district which are as follows:
25-foot undisturbed buffer and 10-foot
improvement setback along the east and west property lines adjacent to R-3
(residential) zoned property;
50-foot undisturbed buffer and 10-foot
improvement setback along the north property line; and a 20-foot landscape
strip along
Staff notes that the submitted site plan
does not indicate the required buffers and landscape strips. However, given the large amount of acreage on
the site, it appears that the site can accommodate the above standards.
PARKING
Article 18.2.1 of the Zoning Resolution specifies parking for the proposed uses as follows:
School: Larger of 2 spaces per classroom or 1 space per 35 square feet in the largest assembly area.
Day Care Facility: 1.7 per 1,000 square feet plus one per 4 employees on the largest shift.
The applicant is proposing a 35,064 square foot private school for pre-kindergarten through 5th grade and a 5,985 square foot day care facility. The number of classrooms, employees and square footage of the largest assembly area are unknown. Therefore, an accurate number of required parking spaces can not be determined. Staff does note that the site plan indicates a total of 591 existing parking spaces for the church and day care currently on the site and additional areas labeled parking expansion for the proposed uses. If the requested uses are approved, the applicant will need to show compliance with Article 18.2.1 of the Fulton County Zoning Resolution at the time of application for a Land Disturbance Permit.
ENVIRONMENT
The Environmental Site Analysis
Report is sufficient and satisfies the requirement of the Fulton County Zoning
Resolution. A field survey of the site was conducted by
OTHER CONSIDERATIONS
Staff notes that a detention pond is shown within the northern portion of the site. Pursuant to Article 34.5.4 a 20-foot wide landscape strip planted to buffer standards is required around the exterior of the detention area in addition to a 10-foot access easement. Although not shown on the submitted site plan, the applicant states in the Letter-of-Intent that compliance to the above standards can be met.
Pursuant to the existing use permit for the day care facility (99U -031 SFC) on the subject site, the building height was limited to two (2) stories. Therefore, Staff shall include this in the attached Recommended Conditions.
BOARD OF COMMISSIONERS POLICY
Article 19.4.40 of the Zoning Resolution
provides for schools in all zoning districts with an approved Use Permit. Similar Use Permits for private schools,
approved by the Fulton County Board of Commissioners in unincorporated
Pursuant to 2004U -0005 SFC, on June 2,
2004, the Board of Commissioners approved a private school on
Pursuant to 2002U -0037 SFC, 2002VC-0133
SFC, on November 2, 2002, the Board of Commissioners approved a private
school on
Pursuant
to 99U-059 SFC, on
Pursuant
to 99U-016 SFC, on May 5, 1999, the Board of Commissioners approved a private
school on
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 19.4.40 of the Zoning Resolution, the proposed 479 student, grades K-5 private school and 5,985 square-foot, 171 student day care facility are consistent with the following policies of the Comprehensive Plan:
Blend institutional uses into existing residential neighborhoods in order to mitigate potential adverse effects.
Provide for the transition of land uses from higher to lower intensity land uses.
Encourage infill development in residential areas consistent with neighborhood preservation, transition of uses, and other Comprehensive Plan policies.
Establish 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;
In Staff's opinion, the proposed private school and day care expansion is compatible with the existing institutional uses (church and daycare) on the subject site if developed with Staff's Recommended Conditions.
(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;
The proposed private school and day care
expansion will generate an increase in traffic.
However, road improvements specified in the attached Recommended
Conditions will help to mitigate any negative impacts from increased traffic in
the area.
(5) The
location and number of off-street parking spaces;
As previously noted, the site plan submitted indicates parking expansion along the northern portion of the subject site adjacent to the proposed private school and day care expansion. The parking location is within the required buffers which lessens the impact on adjacent residential uses. The site appears to have adequate parking for the proposed use.
(6) The amount and location of open space;
Given the proposed size of the private
school and day care expansion in relation to the required landscape strips,
buffers, and the size of the subject site, Staff is of the opinion that there
will be adequate open space provided for the proposed use.
(7) Protective screening;
Staff is of the opinion that the required landscape strip and undisturbed buffers around the perimeter of the subject site will provide adequate screening from adjacent properties.
(8) Hours and manner of operation;
The school and day care facility will be open Monday through Friday. The hours of operation for the school will be 7:30 a.m. to 6:00 p.m. The hours of operation for the day care facility will be 6:30 a.m. to 6:00 p.m. Staff anticipates minimal impact to adjacent properties.
(9) Outdoor lighting;
Any exterior lighting that is in
compliance with Article 4.9.1 of the Zoning Resolution should not negatively
impact adjacent properties.
(10) Ingress and egress to the property.
No new curb cuts to the site are required.
COMMUNITY ZONING BOARD RECOMMENDATION
On November 21, 2006, the Community Zoning Board recommended APPROVAL CONDITIONAL of the Use Permit. Michael Tyler, representative from Cascade Manor Subdivision, expressed a need for additional information and concern for an increase in traffic that would be generated from the use. He requested that a traffic study be done to review current and future impacts on the roadways. He also indicated that additional discussions with the neighborhood could result in support of a modified use for the subject site.
RECOMMENDED CONDITIONS
It this petition is approved by the Board of Commissioners, it should be APPROVED CONDITIONAL Use Permit for a Private School and Day Care Facility (Article 19.4.40) 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. Private
School with a maximum of 35,064 square feet
and a day care facility with a maximum of 5,985 square feet at an overall
density of 1,148.49 square feet per
acre.
b. Limit the private school to no more
than 479 students, kindergarten through 5th grade and the day care
facility to 171 students.
c. Limit building height to two (2)
stories.
d. Abide by the conditions of the use permit for the existing church pursuant to U91 -013
SFC except as otherwise required in these conditions.
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 September 27, 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.
3. To the owner's agreement to the following site development considerations:
a. Provide
a 200-foot principle building setback adjacent to the west, southwest and south
property lines commencing at a point approximately 550 feet from the new
dedicated right-of-way of
4. To the owner's agreement to abide by the following traffic requirements, dedications and improvements:
a. Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to Fulton County such additional right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the rights-of-way are being improved:
45 feet from
centerline of
b. Provide a Traffic Study along with the Land Disturbance Permit Submittal and comply with conditions as may be required by the Traffic Review Staff.
5. To the owner's agreement to abide by
the following:
a. Prior to submitting the application for a (LDP) with the Department of Environment and Community Development, Development Review Division, arrange to meet with the Fulton County Traffic Engineer. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit.
b. Prior to submitting the application for an LDP, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the Fulton County Arborist. A signed copy of the results of these meetings will be required to be submitted along with the application for an LDP.
c. Prior to submitting the application for an LDP, the developer/engineer shall contact the Public Works Department, Water Services Division, and arrange to meet on-site with an engineer from the Surface Water Management Program (SWMP), who is responsible for review of Storm Water Concept Plan submittals.
d. Prior to submitting
the application for an LDP, the developer and/or engineer shall submit to the
SWMP, through the Development Review Division, a project Storm Water Concept
Plan. This concept plan shall indicate the preliminary location of the storm
water management facilities intended to manage the quality and quantity of
storm water. The concept plan shall specifically address the existing
downstream off-site drainage conveyance system(s) that the proposed development
surface runoff will impact, and the discharge path(s) from the outlet of the
storm water management facilities to the off-site drainage system(s) and/or
appropriate receiving waters. As part of the Storm Water Concept Plan
submittal, a preliminary capacity analysis shall be performed by the engineer
on the off-site drainage system(s) points of constraint. The capacity
analysis shall determine the capacity of all existing constraint points, such
as pipes, culverts, etc. from the point of storm water discharge at the
proposed development site boundary downstream to the confluence of the
receiving drainage course at a point where the drainage area is at least ten
times the proposed development site area and the next downstream drainage area
having a drainage area of fifty acres or more. The critical capacity
points shall be selected based upon the engineer's field observation,
professional judgment, and limited field survey data. The analysis shall
identify the downstream properties pre and post-development 100-year water
surface elevations, and for any post-development water surface elevation
increase exceeding 0.05 feet, the developer shall acquire the applicable
offsite drainage easement to accommodate the 100-year storm flow through
impacted properties. Where
e. Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, such that the discharge from the storm water management facility outlet crosses a property line, such discharge shall mimic pre-development sheet flow conditions. A description of the method proposed to achieve post-development sheet flow conditions shall be provided as part of the Storm Water Concept Plan. Should the method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a point down gradient at a live dry weather stream sufficient to contain the 25 year storm flow or other location as approved by the Director of Public Works. This condition will not apply when the storm water management facility is designed and approved to discharge directly to a stream or watercourse.
f. A draft of the Inspection and Maintenance Agreement required by Fulton County Code Section 26-278 shall be submitted to the Department of Public Works with the Storm Water Concept Plan.
g. The Inspection and Maintenance Agreement shall provide that all storm water management/detention facility outlet control structures shall be inspected, photographed, and cleaned, if necessary, on a monthly basis, by the owner. The Inspection and Maintenance Agreement shall require that the design engineer shall prepare an operation and maintenance guidance document, for use by the owner and/or any professionals retained by the owner, to plainly describe the basic operational function of the facility(ies), including a description of a permanent marker post(s) which shall indicate that the level of sediment which, if exceeded, requires sediment removal. The Inspection and Maintenance Agreement shall require an annual operation and maintenance report for all storm water management/detention facilities be prepared by a licensed design professional and submitted to the SWMP. The annual report shall include monthly inspections, photographs, and documentation of the cleaning of storm water management/detention facilities outlet control structure(s) as well as an operational assessment of the facilities indicating that they do, or do not, function as described in the design guidance document (described above), and if they do not, a description of the specific actions to be taken to allow the facilities to function as intended.
h. The required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit, or Building Permit associated with the development.
i. The engineer/developer is required to submit, along with the application for an LDP, signed documentation verifying approval of the Storm Water Concept Plan.
j. Where paved parking areas (including access aisles) are proposed to exceed 5,000 square feet, the storm water management facilities shall be designed to reduce pollutants such as oil, grease and other automobile fluids that may leak from vehicles. A general description, or concept, of the storm water management facilities proposed to achieve the removal of such pollutants shall be submitted with the Storm Water Concept Plan. A detailed design of such facilities shall be included in applicable documents for a land disturbance permit.
k. With the application for an LDP, provide documentation (such as channel cross-sections, centerline profile, etc.) describing the geometry of those existing natural streams, creeks, or draws within the proposed development boundary which in the design engineer's judgment are at risk of erosion due to increased flow, provide a description of the basis utilized in judging areas to be at risk, and provide details on the Storm Water Management Plan of the post-development channel bank protection measures.
l. The developer/engineer shall demonstrate to the County by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions for the 1-year frequency storm event, up to and including the ten (10)-year frequency storm event.
m. Drainage from all disturbed areas shall be collected and conveyed to a storm water management facility provided as part of the development. The Storm Water Concept Plan shall identify any proposed areas with incidental and minor release of storm water not conveyed to such facilities, subject to the approval of the Director of Public Works. Plans for any land disturbance permit shall show all proposed drainage patterns for the proposed development after its completion. Any incidental release of unmanaged or untreated storm flows from any disturbed portion of the developed property shall be allowed only with the approval of the Director of Public Works. Other than minimal incidental flows shall be specifically approved by the Director of Public Works. Bypass flows will not be permitted except from undisturbed areas within a buffer or other protected easement. Final plans shall provide for collection, conveyance and treatment of all approved incidental flows from developed lots or parcels, individual residences or building structures.
n. Storm water management facility(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection, in accordance with the Georgia State Storm water Manual, except that the duration of release for water quality treatment shall be 48 hours.
APPENDIX
COMMENTS ON PUBLIC SERVICES AND UTILITIES
NOTE:
Various
Road name:
Classification: Major Collector
Level of Service: C
Anticipated Traffic Generation Rates:
Average: 1,954 trips per day
Peak Hour: 508
AM trips; 121 PM 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 constitutes a premise
where people work, live or congregate, onsite sanitary facilities will be
mandatory, prior to use or occupancy.
This facility must comply with
the Fulton County Clean Indoor Air Ordinance.
If this proposed development includes a food service
facility, the owner must submit kitchen plans for review and approval by this
department before issuance of a building permit and beginning
construction. The owner must obtain a
food service permit prior to opening.
This
department is requiring that plans indicating the number and location of
outside refuse containers along with typical details of the pad and approach
area for the refuse containers be submitted for review and approval.
WATER AND WASTEWATER (SEWER):
WATER:
Anticipated water demand: 14,444 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: Utoy Creek
Treatment Plant: Utoy Creek
Anticipated sewer demand: 13,000 gallons per day
The nearest wastewater pipeline to this project is on
site located in Land Lot 48, 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. 13121C0332E,
Floodplain = 0%
BOARD OF EDUCATION:
No impact on school enrollment.
TAX ASSESSOR:
Property Tax ID#: 14F-0048-LL-075-2
Taxes on the subject property are
up-to-date.
FIRE MARSHAL:
Fire Station: # 23
Impact:
1) Will
increase in 911 calls.
2) Will
increase in
3) Will
increase in some congestion.
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
minutes
** Increase in the number of residents: 80
* Increase in E-911 calls for service (police, fire, E.M.S.): 201
*** Increase in the number of traffic
accidents: 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.
Increase 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 in the County's Addressing
Standard to reduce the likelihood of delay in response time.
City of
The proposed project is located
approximately 7.9 miles northwest of the Airport.
Is the proposed project located
under protected airspace for the Airport?
Yes No
Is the proposed project located
within an area of significant aircraft noise exposure?
Yes No
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