PETITION No. 2006Z -0043 SFC

PROPOSED ZONING CUP (COMMUNITY UNIT PLAN) - 2.22 UNITS PER ACRE

PROPOSED USE SINGLE FAMILY SUBDIVISION - 399 LOTS

EXISTING ZONING AG-1 (AGRICULTURAL)

EXISTING USE VACANT SINGLE FAMILY RESIDENCE

LAND USE MAP RESIDENTIAL - 1 TO 2 UNITS PER ACRE

RESIDENTIAL - 1 TO 3 UNITS PER ACRE

LOCATION RIVERTOWN ROAD (SOUTH SIDE):

1,101.09 FEET OF FRONTAGE

ONO ROAD (NORTH SIDE):

2,884.03 FEET OF FRONTAGE

PARCEL SIZE 180.13 ACRES

SMALL AREA 802

LL 87, 88, & 105, DISTRICT 7

COMMISSION DISTRICT 7

OWNER RIVERTOWN-ONO OSCP1, LLC

PETITIONER RIVERTOWN-ONO OSCP1, LLC

REPRESENTATIVE MATT ORNSTEIN

APPLICANT'S INTENT To develop a 399-lot single family subdivision on 180.13 acres for an overall density of 2.22 units per acre.

Department of Environment and Community Development

Recommendation

APPROVAL CONDITIONAL: 2006Z -0043 SFC

at 2.10 units per acre, 378 lots

Community Zoning Board Recommendation

November 21, 2006

APPROVAL CONDITIONAL: 2006Z -0043 SFC

at 2.10 units per acre, 378 lots

SUBJECT SITE AND SURROUNDING AREA:

SUBJECT SITE: The subject 180.13 acre site is zoned AG-1 (Agricultural) and is undeveloped. Several streams flow through the site as shown on the site plan. A power station is located adjacent to the site on the west side of Rivertown and Ono Roads.

NEARBY AND ADJACENT PROPERTIES/ZONINGS: RESIDENTIAL & MIXED USE

** North, East, South, & West - Use: Scattered Single Family Residences (Existing)

Zone: AG-1 (Agricultural)

** Further Northeast - Use: Undeveloped

Petition: 2006Z -0008 SFC

Zone: CUP (Community Unit Plan)

Density: 1.86 units per acre, 156 total units

Minimum Lot Size: 6,000 square feet, except 12,000 square feet for lots along Short Road; a 60-foot buffer was required along Short Road, 50-foot buffer along north & east property lines, and 100-foot buffer along south property line

Minimum Heated Floor Area: 2,000 square feet

** Further Northeast - Use: The Lakes at Cedar Grove (Under Development)

Petition: 2001Z -0032 SFC

Zone: MIX (Mixed Use)

Density: Office - 214.34 square feet per acre; Retail - 295.64 square feet per acre; 1,515 total dwelling units excluding apartments - 2.80 units per acre

790 townhouses or single family residences - 1.46 units per acre

860 Apartments - 1.59 units per acre

Minimum Lot Size: Pod A - 3,000 square feet; Other Lots - 5,000 square feet

Minimum Heated Floor Area: Pod B - 1,600 square feet

** Further Northeast - Use: Rivertown Mill Subdivision Phase 1 (Existing, Remainder is Under Development)

Petition: 2002Z -0005 SFC

Zone: R-4 (Residential)

Density: 2 units per acre

Minimum Lot Size: 15,000 square feet

Minimum Heated Floor Area: 1,400 square feet

** Further Northeast - Use: Cedar Grove Landing (Under Development)

Petition: 2004Z -0149 SFC

Zone: CUP (Community Unit Plan)

Density: 2 units per acre

Minimum Lot Size: 6,000 square feet

Minimum Heated Floor Area: 1,400 square feet

** Further East - Use: Undeveloped (Approved for single family subdivision)

Petition: 2006Z -0018 SFC

Zone: CUP (Community Unit Plan)

Density: 1.805 units per acre, 302 total units

Minimum Lot Size: 6,000 square feet; 100-foot buffer around perimeter, except a fence instead of a buffer is required adjacent to the cemetery

Minimum Heated Floor Area: 2,000 square feet

** Further Southeast - Use: Undeveloped (Approved for a single family subdivision)

Petition: 2006Z -0056 SFC

Zone: CUP (Community Unit Plan)

Density: 1.82 unit per acre, 66 total units

Minimum Lot Size: 9,000 square feet; 100-foot buffer along Bishop Road, 100-foot buffer along north, northwest, and southeast property lines

Minimum Heated Floor Area: 2,200 square feet for 1-story and 2,300 square feet for 2-story

** Further South - Use: Single family residences (Pending petition 2006Z -0107 SFC, request to rezone to CUP (Community Unit Plan) for a 277-lot single family subdivision on 138.64 acres at a density of 2 units per acre)

Zone: AG-1 (Agricultural)

MISCELLANEOUS USES AND ZONINGS IN THE AREA:

** Further Northeast - Use: Antioch United Methodist Church & Cemetery (Existing)

Zone: AG-1 (Agricultural)

** Further Southeast - Use: Creekside High School and Bear Creek Middle School

Zone: AG-1 (Agricultural)

** Further Southeast - Use: Lakeside Memorial Gardens Cemetery (Existing)

Zone: AG-1 (Agricultural)

Petition: 2000U-0056 SFC

** 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 27, 2006, Staff offers the following considerations:

LAND USE AND DENSITY

The applicant is requesting to rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop a 399-lot single family subdivision on 180.13 acres for a density of 2.22 units per acre. The Comprehensive Land Use Plan Map suggests residential use for the subject site. A density of 1 to 3 units per acre is suggested for the northern portion of the site and a density of 1 to 2 units per acre for the southern portion. Staff has included a map showing the Plan's density suggestion in the map section of this document.

The lot layout of the proposed subdivision yields a density of 2.22 units per acre for the both the northern 84.27 acres designated for a density of 1 to 3 units per acre and for the southern 95.86 acres designated at 1 to 2 units per acre. Staff notes that the density request for the southern portion of the site exceeds the suggestion of the plan by 0.22 units per acre or 21 lots.

Density Suggested by the Land Use Plan Map	Number of Acres, Units, and Proposed Density according to the density ranges as suggested by the Plan Map
Plan's Density Suggestion	Acres	Proposed Units	Proposed Density
1 to 3 units per acre	84.27 acres	187 units	2.22 units per acre
1 to 2 units per acre	95.86 acres	212 units	2.22 units per acre
Total	180.13 acres	399 units	N/A

Staff notes that densities in the area were approved consistent with the Land Use Map's suggestion with 1 to 3 units per acre for parcels closest to the South Fulton Parkway and densities of 1 to 2 units per acre further south of the Parkway. Approved densities range from the highest at 2.8 units per acre for the Lakes at Cedar Grove which is adjacent to the South Fulton Parkway to 1.805 units per acre, pursuant to 2006Z -0018 SFC, which is east of the site on the south side of Rivertown Road. Staff recommends that the density for the subject site be consistent with approved densities in the area and with the Plan Map. If the applicant's lot request were reduced by 21 lots in the area where the Map suggests 1 to 2 units per acre, then the density request would be consistent with the Plan Map for the subject site. Therefore, Staff recommends that the subject site be APPROVED CONDITIONAL for a total of 378 lots at an overall density of 2.10 units per acre with no more than 191 lots developed in the area which is designated as 1 to 2 units per acre per the 2025 Comprehensive Land Use Plan Map.

MINIMUM LOT SIZE

The applicant is requesting a minimum lot size of 6,000 square feet. Property zoned AG-1 (Agricultural) requiring a minimum lot size of 1 acre is north, east, and south of the subject site. Further northeast on the east side of Short Road and further east of the site, pursuant to 2006Z -0008 SFC and 2006Z -0018 SFC, respectively, a minimum lot size of 6,000 square feet was approved internal to these two developments with a required buffer around the perimeter of the sites, except 12,000 square foot lots were required adjacent to a 60-foot buffer along Short Road. Further northeast along the north side of Rivertown Road, a minimum lot size of 15,000 square feet was approved, pursuant to 2002Z -0005 SFC, and 6,000 square foot lots were approved for Cedar Grove Landing, pursuant to 2004Z -0149 SFC. Provided a perimeter buffer is required for the development, Staff recommends the applicant's lot size request given Board action in the area. The perimeter buffer is discussed under LANDSCAPE STRIPS AND BUFFERS.

MINIMUM HEATED FLOOR AREA

The applicant is requesting a minimum heated floor area of 1,800 square feet. Staff notes that the Board of Commissioners have approved a larger minimum heated floor area of 2,000 square feet further northeast and east of the site, pursuant to 2006Z -0008 SFC and 2006Z -0018 SFC, and a smaller minimum heated floor area of 1,400 square feet, pursuant to 2004Z -0149 SFC and 2002Z -0005 SFC. Given the request is within the range of minimum heated floor areas approved in the area, Staff recommends the applicant's request.

DEVELOPMENT STANDARDS

The applicant is requesting the development standards as follows:

Minimum lot width at building line: 60 feet (55 feet for cul-de-sac lots)

Minimum front yard: 20 feet

Minimum side corner yard: 15 feet

Minimum side yard: 7.5 feet

Minimum rear yard: 15 feet

Staff notes that the proposed setbacks are compatible with other CUP (Community Unit Plan) developments approved in the area. To mitigate the impact of smaller lots of the development adjacent to the surrounding AG-1 (Agricultural) zoned property, Staff recommends a perimeter buffer as discussed under LANDSCAPE STRIPS AND BUFFERS.

In addition to the setbacks requested by the applicant, Staff recommends that the dwelling facades be staggered. 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. Staff has included the recommendation in the Recommended Conditions.

LANDSCAPE STRIPS AND BUFFERS

Based on an agreement with the Bear Creek Homeowners Association, the applicant is requesting a 35-foot landscape common area with a 6-foot high berm along the entire frontage of Ono Road and Rivertown Road. Along the remaining perimeter property lines, the applicant has agreed to a 50-foot undisturbed common area. However, Staff notes that the following perimeter buffers have been approved for CUP (Community Unit Plan) zoned property in the area. Petition 2006Z -0018 SFC on Short Road was approved for 6,000 square foot lots, except 12,000 square foot lots were required along Short Road. A 60-foot buffer was required along Short Road with a 50-foot buffer next to R-4 (Residential) zoned property and 100-foot buffer adjacent to AG-1 (Agricultural) zoned property. Further east of the site 2006Z -0018 SFC was approved with a 100-foot perimeter buffer except adjacent to the cemetery where a fence was required. Based on Board action in the area, Staff supports a 100-foot perimeter buffer except for the two legs of the property which front on Rivertown Road. Due to the site configuration of the property and the narrow shape of the legs, Staff recommends a 50-foot buffer along the entire length of the west and eastern property lines which are perpendicular to Rivertown Road. The recommended buffers shall not be a part of any individual lot and will be common area. Staff has included the recommendation in the Recommended Conditions. Staff has included the applicant's agreement with the Bear Creek Homeowner's Association in the Alternate Conditions.

PARKING

In accordance with Article 18 of the Zoning Resolution, 2 parking spaces are required per dwelling unit. The applicant will need to show compliance at the time of application for a Land Disturbance Permit.

ENVIRONMENT

The Environmental Site Analysis (ESA) 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 the ESA and County GIS four streams are located on the central and western portion of the site. Wetlands are located along the stream boundaries. Slopes that exceed 33 percent over 10-foot rise in elevation exist in the southwestern portion of the site within the stream buffer area. Two stream crossings are proposed on the western portion of the site. The 500-year floodplain area is associated with the stream that is located on the western portion of the site. No development is proposed in this area. Compliance with the County stream buffer requirements, wetlands protection, floodplain regulations, and erosion control guidelines would mitigate developmental impacts to adjacent properties. This site does not contain sensitive plants and animal species.

OTHER CONSIDERATIONS

The applicant has proposed open/green space within the proposed development. Staff notes that this common area will not be part of any of the proposed lots within the development. In addition, the development includes a recreation area. The applicant will be required to provide a mandatory homeowners association to maintain the common area as well as the recreation area. 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 residential development, if developed with Staff's Recommended Conditions, is suitable for the subject site given the existing and anticipated 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: It is Staff's opinion that the proposed use will not adversely affect adjacent and nearby uses if developed in accordance with the attached 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. 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 development, if developed for 378 units at an overall density of 2.10 units per acre, is consistent with the density range suggested on the Comprehensive Plan Land Use Map as well as Plan policies.

LAND USE PLAN MAP: Residential - 1 to 3 units per acre

Residential - 1 to 2 units per acre

Proposed use/density: Single family subdivision - 2.22 units per acre

The Comprehensive Land Use Plan Map suggests live work along both sides of South Fulton Parkway. Further south the Map suggests residential use. A density of 1 to 3 units per acre is suggested adjacent to the live work designation with a density of 1 to 2 units per acre suggested further south. Agricultural, forestry and estate residential use is suggested west of Cascade Palmetto Highway.

PLAN POLICIES:

Encourage planned residential development with homes and recreation areas oriented to internal streets, not facing or directly accessing external roads.

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

Encourage development in areas where basic public facilities exist or are being improved, and discourage development in areas which would require inefficient or uneconomical extension of public facilities.

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 single family residential development trends in the area and adopted land use policies support this request for single family 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 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 single family development at a density of 2.10 units per acre for 378 lots is consistent with the policies and intent of the Comprehensive Plan and with approved zonings in the area. Therefore, Staff recommends this petition be APPROVED CONDITIONAL at 2.10 units per acre for 378 lots subject to the attached Recommended Conditions.

Note: The attached Alternate Conditions are provided as a guide should the Board of Commissioners choose to approve this petition per the applicant's request. The applicant's agreement to these conditions would not result in a favorable recommendation from the Staff.

COMMUNITY ZONING BOARD MEETING

On November 21, 2006 the Community Zoning Board recommended that the petition be APPROVED CONDITIONAL per Staff at 2.10 units per acre for 378 lots. The applicant stated at the meeting that he had an agreement with the Bear Creek Homeowners Association for 399 lots. No opposition was present at the meeting.

On November 27, 2006, the applicant submitted a revised site plan* and his agreement with the Bear Creek Homeowners Association. The agreement reflects the applicant's request for 399 lots. The applicant and the Bear Creek community have agreed to a 50-foot undisturbed common area around the perimeter of the subject site with a 35-foot wide 6-foot high landscape berm along Ono Road and Rivertown Road. The applicant has also agreed to building materials for the dwelling units as well as a 2-car garage for each unit. Staff has added the building material list and the condition for a 2-car garage to the Recommended Conditions. Given Staff's Recommended Conditions reflect compliance with the Land Use Map as well as Board policy for perimeter buffers in the area, the rest of the conditions remain unchanged. Staff has attached Alternate Conditions should the Board of Commissioners approve the applicant's request reflecting the agreement with the Bear Creek Community.

RECOMMENDED CONDITIONS

If this petition is approved by the Board of Commissioners, it should be APPROVED CUP (Community Unit Plan) 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. Single family detached dwellings and accessory uses and structures.

b. No more than 378 total dwelling units at a maximum density of 2.10 dwelling units per acre, whichever is less, based on the total acreage zoned. Approved 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 unit yield of the subject site shall be determined by this final engineering.

c. No more than 191 units of the total 378 units referenced in condition 1.b shall be developed in the area which is designated as 1 to 2 units per acre per the 2025 Comprehensive Land Use Plan Map.

d. The minimum lot size shall be 6,000 square feet.

e. The minimum heated floor area per dwelling unit shall be 1,800 square feet.

f. All dwelling units shall have a 2-car garage.

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 November 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.

b. All areas which are not part of an individual lot and held in common shall be accessible via dedicated roadways, easements, sidewalks, 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.

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

a. The minimum design standards are as follows:

Minimum lot width at building line: 60 feet (55 feet for cul-de-sac lots)

Minimum front yard: 20 feet

Minimum side corner yard: 15 feet

Minimum side yard: 7.5 feet

Minimum rear yard: 15 feet

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 natural buffer, undisturbed except for approved access and utility crossings, improvements, and replantings where sparsely vegetated and subject to the approval of the Fulton County Arborist, adjacent to the following property lines and in the widths shown:

100 feet wide along Rivertown and Ono Roads with no additional setback for all improvements or as may be approved by the Director of the Department of Environment and Community Development,

50 feet wide along the entire western and eastern property lines which are perpendicular and contiguous to Rivertown Road and 100 feet wide for the remaining interior property lines with no additional setback for all improvements or as may be approved by the Director of the Department of Environment and Community Development.

d. All buffers referenced in condition 3.c. shall be common area and shall not be a part of an individual residential lot.

e. All dwelling units that directly abut the required 100-foot buffer that directly abuts Rivertown Road and Ono Road as referenced in condition 3.c. shall be 4-sided brick, stucco, masonry or stone. Vinyl, Masonite or aluminum siding other than architectural accents such as Masonite cedar shake shingles in the gables shall be prohibited.

f. All dwelling units, except as specified in condition 3.e., shall be a minimum of 1-sided (the front side) brick, stucco, masonry or stone. No Masonite use shall be on the front side other than architectural accents such as Masonite cedar shake shingles in the gables. The remaining 3 sides shall be brick, stucco, masonry, stone, wood hardiplank, or Masonite type material. Aluminum or vinyl siding is prohibited.

4. To the owner's agreement to abide by the following traffic requirements, dedications and improvements:

a. 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.

45 feet from centerline of Rivertown Road;

45 feet from centerline of Ono Road.

b. Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to Fulton County such additional right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the rights-of-way are being improved:

30 feet from centerline of Rivertown Road;

30 feet from centerline of Ono Road.

c. Improve the intersection of Ono, Hobgood, and Rivertown Road.

d. Provide a traffic study along with the Land Disturbance Permit submittal and comply with conditions as may be required by the Fulton County 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 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 petition 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 petition 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.

s. A sediment study on the downstream lake or permanent impoundment should be performed by the owner of the proposed project. The owner shall provide a copy of a sediment study on the downstream lake or a notarized letter from the owner stating that he or she has attempted to perform a sediment study and has been refused permission to do so by the lake owner. A copy of the study or notarized letter shall be provided to Fulton County Department of Environment and Community Development before the land disturbance permit is issued.

ALTERNATE CONDITIONS

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

a. Single family detached dwellings and accessory uses and structures.

b. No more than 399 total dwelling units at a maximum density of 2.22 dwelling units per acre, whichever is less, based on the total acreage zoned. Approved 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 unit yield of the subject site shall be determined by this final engineering.

c. The minimum lot size shall be 6,000 square feet.

d. The minimum heated floor area per dwelling unit shall be 1,800 square feet.

e. All dwelling units shall have a 2-car garage.

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

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

a. The minimum design standards are as follows:

Minimum lot width at building line: 60 feet (55 feet for cul-de-sac lots)

Minimum front yard: 20 feet

Minimum side corner yard: 15 feet

Minimum side yard: 7.5 feet

Minimum rear yard: 15 feet

c. Provide a minimum 35-foot wide landscape/common area with a berm along the entire frontage of Ono Road and Rivertown Road. Said berm is to be a minimum of 6 feet high measured from the finished grade on both sides of the berm and located outside of any public right-of-way and within the required landscape strip. Plantings are subject to the approval of the Fulton County Arborist.

d. Provide a 50-foot minimum common area, undisturbed except for approved access and utility crossings, along the perimeter property lines, except along Rivertown Road and Ono Road, as shown on the site plan referenced in condition 2.a..

e. The landscape/berm and perimeter undisturbed areas as referenced in conditions 3.c. and 3.d. shall be common area and shall not be a part of an individual residential lot.

f. All dwelling units that directly abut the required 35-foot landscape common area along Rivertown Road and Ono Road as referenced in condition 3.c. shall be 4-sided brick, stucco, masonry or stone. Vinyl, Masonite or aluminum siding other than architectural accents such as Masonite cedar shake shingles in the gables shall be prohibited.

g. All dwelling units, except as specified in condition 3.f., shall be a minimum of 1-sided (the front side) brick, stucco, masonry or stone. No Masonite use shall be on the front side other than architectural accents such as Masonite cedar shake shingles in the gables. The remaining 3 sides shall be brick, stucco, masonry, stone, wood hardiplank, or Masonite type material. Aluminum or vinyl siding is prohibited.