PETITION No. 2006Z -0088 SFC

                                                                                                                          2006VC-0121 SFC


 

PROPOSED ZONING                     MIX (MIXED USE): RETAIL - 5,482.24 SQUARE FEET PER ACRE; OFFICE - 1,827.42 SQUARE FEET PER ACRE; MULTI-FAMILY RESIDENTIAL - 1.02 UNITS PER ACRE

 

PROPOSED USE                               RETAIL - 237,600 SQUARE FEET

                                                OFFICE - 79,200 SQUARE FEET

                                                                        MULTI-FAMILY RESIDENTIAL - 44 UNITS

 

EXISTING ZONING                           AG-1 (AGRICULTURAL) AND MIX (MIXED USE) -2000Z-0123 SFC

 

EXISTING USE                                    SIX SINGLE FAMILY RESIDENCES

 

LAND USE MAP                                  COMMUNITY LIVE WORK

 

LOCATION                                              JONES ROAD (SOUTH SIDE):

                                                                        826.85 FEET OF FRONTAGE

 

JONES ROAD (NORTH SIDE):

                                                                        1,233.1 FEET OF FRONTAGE

 

SOUTH FULTON PARKWAY (NORTH SIDE):

                                                                        852.5 FEET OF FRONTAGE

 

CEDAR GROVE ROAD (EAST SIDE):

                                                                        1,870.95 FEET OF FRONTAGE

 

                                                                        PARCEL SIZE 43.34 ACRES

 

                                                                        SMALL AREA 527

 

                                                                        LL 109 and 116, DISTRICT 7

 

                                                                        COMMISSION DISTRICT 7

 

                                                                        SOUTH FULTON PARKWAY OVERLAY DISTRICT

                                                                       

OWNERS                                                 CEDAR GROVE VILLAGE HOMEOWNERS ASSOCIATION, INC., STEVE AND SHEILA ENTREKIN, WILSON AND DINAH MCGEE, MARGARET TERRY, MARY TERRY, BRENDA POWELL

 

PETITIONER                                         JOHNSON-SCHMIDT DEVELOPMENT, LLC

 

REPRESENTATIVE                          WOODY GALLOWAY

 


 

APPLICANT'S INTENT        To develop a mixed use development consisting of 237,600 square feet of retail commercial, 79,200 square feet of office and 44 multi-family residential units on 43.34 acres.  In addition, the applicant is seeking a 2-part concurrent variance as follows:           

                                       

                                                            Part 1.  To delete the required 15-foot landscape strip along both sides of Jones Road in lieu of the landscape strip shown on the submitted Site Plan. (Article  12.K.4.A.2.)

 

                                                            Part 2.  To replace the 20-foot buffer and 10-foot access easement required around detention/retention ponds with an alternate planting design proposed by the applicant. (Article 34.5.4.)

 


 

Department of Environment and Community Development

Recommendation

 

APPROVAL CONDITIONAL: 2006Z -0088SFC

WITHDRAWAL: 2006VC-121 SFC - Part 1

APPROVAL CONDITIONAL: 2006VC-121 SFC - Part 2


Community Zoning Board Recommendation

November 21, 2006

 

APPROVAL CONDITIONAL: 2006Z -0088SFC

WITHDRAWAL: 2006VC-121 SFC - Part 1

APPROVAL CONDITIONAL: 2006VC-121 SFC - Part 2

 


SUBJECT SITE AND SURROUNDING AREA:

 

SUBJECT SITE:  The subject 43.34-acre site is located in the northeast quadrant of the South Fulton Parkway and Cedar Grove intersection with acreage on both sides of Jones Road.  Approximately 5.11 acres of the site are zoned MIX (Mixed Use) per 2000Z -0123 SFC and the remaining 38.23 acres are zoned AG-1 (Agricultural).  The MIX zoning originally contained approximately 355 acres and allows the development of single family residential units at a density of 1.76 units per acre with a minimum lot size ranging from 9,000 to 20,000 square feet.  It is currently under development as the Cedar Grove Village subdivision.  On the south side of Jones Road, a Use Permit for a temporary mobile home was approved on the site pursuant to U83 -115 SFC.

 

NEARBY AND ADJACENT PROPERTIES/ZONINGS: RESIDENTIAL

 

**         Adjacent North and East - Use: Cedar Grove Village (Under Development)

            Petition: 2000Z -0123 SFC

            Zone: MIX (Mixed Use)

            Density: 1.76 Single Family Units per Acre (626 total lots)

            Minimum Lot Size:    296 Lots - 9,000 to 10,000 Square Feet

                                                198 Lots - 10,001 to 15,000 Square Feet

                                                  60 Lots - 15,001 to 20,000 Square Feet

                                                  72 Lots - 20,001 or Larger Square Feet

Minimum Heated Floor Area: 1,600 square feet for 313 Lots & 1,800 square feet for 313 Lots

 

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

Petition: 2006Z -0033 SFC

            Zone: CUP (Community Unit Plan)

            Density: 1.76 Units per Acre (35 total lots)

Minimum Lot Size: 9,000 Square Feet

            Minimum Heated Floor Area: 1,600 Square Feet

 

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

            Petition: 2004Z -0020 SFC

            Zone: CUP (Community Unit Plan)

            Density: 1.51 Units per Acre

Minimum Lot Size: 18,000 Square Feet (Perimeter Lots)

  9,000 Square Feet (Interior Lots)

            Minimum Heated Floor Area: 1,400 Square Feet

 

**         Northwest - Use: (Approved)

            Petition: 2004Z -0014 SFC

            Zone: CUP (Community Unit Plan)

            Density: 1.99 units per acre

            Minimum Lot Size: 7,500 square feet

            Minimum Heated Floor Area: 1,400 square feet

 

**         Further northwest - Use: (Approved)

            Petition: 2003Z -0028 SFC

            Zone: CUP (Community Unit Plan)

            Density: 1.96 Units Per Acre (234 total units)

            Minimum Heated Floor Area: 1,400 Square Feet

            Minimum Lot Size: 47 Lots (7,500 to 8,000 Square Feet)

         117 Lots (8,001 to 10,000 Square Feet)

            35 Lots (10,001 to 12,500 Square Feet)

            35 Lots (Over 12,500 Square Feet)

 

**         South - Use: The Lakes at Cedar Grove Subdivision (Under Development) with Office/Institutional, Retail, Single Family and Apartments

            Zone: MIX (Mixed Use)

            Petitions: 2001Z -0032 SFC and 2002VC-0065 SFC

Densities: Single Family Residential - 1,515 total dwellings at a density of 2.80 units per acre; Townhouses or single family - 790 dwellings at a density of 1.46 units per acre; Apartments - 860 apartments at a maximum density of 1.59 units per acre; a 136-bed independent living facility.

Minimum Heated Floor Area for Single Family: 1,600 square feet

            Minimum Lot Size: Pod A - 3,000 square feet, all others - 5,000 square feet

 

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

Zone:  AG-1 (Agricultural)

Observed Minimum House Size: 1,200 square feet

 

            NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL

 

**         South and West - Use: The Lakes at Cedar Grove (Under Development) with Office/Institutional, Retail, Single Family and Apartments

            Zone: MIX (Mixed Use)

            Petition: 2001Z -0032 SFC and 2002VC-0065 SFC     

            Density:  Office/Institutional - 214.34 square feet per acre for a total of 116,000 square feet

                             Retail - 295.64 gross square feet per acre zoned for a total of 160,000       square feet

   

**         West - Use: Day Care Center (Approved)

            Petition: 2004Z -0129 SFC & 2004U -0019 SFC

            Zone: R-6 (Residential)

            Density: Day Care - 580.86 gross square feet per acre, 130 students

           

            MISCELLANEOUS USES AND ZONINGS IN THE AREA:

 

**         West - Use: Cell Tower (Existing)

            Zone: AG-1 (Agricultural)

            Petition: 2000U -0065 SFC

 

**         There have been no RECENT DENIALS in the immediate area.

 

SITE PLAN ANALYSIS:

 

Based on the applicant's site plan submitted to the Department of Environment and Community Development on November 13, 2006, Staff offers the following considerations:

 

LAND USE AND DENSITY

 

The applicant is requesting to rezone from AG-1 (Agricultural) and MIX (Mixed Use) to MIX (Mixed Use) in order to develop 237,600 square feet of commercial, 79,200 square feet of office and 44 multi-family units.  The proposed densities are as follows:

 

Commercial: 5,482.24 square feet per acre

Office:  1,827.42 square feet per acre

Multi-family:  1.02 units per acre

 

The Comprehensive Land Use Plan Map suggests Community Live Work for the subject site, as well as for the entire quadrant of the Cedar Grove Road and South Fulton Parkway intersection.  The area along South Fulton Parkway to the north and south is designated for Neighborhood Live Work.  North of the subject site the Comprehensive Land Use Plan Map suggests Residential 1 to 2 units per acre. 

 

Staff notes that the most similar development, The Lakes at Cedar Grove, is located in the southwest quadrant of the Cedar Grove Road and South Fulton Parkway intersection and is zoned MIX (Mixed Use) per 2001Z -0032 SFC.  This development contains a total of 160,000 square feet of commercial (295 square feet per acre), 116,000 square feet of office (214 square feet per acre) and a mix of residential with 860 apartments, 790 townhouses or single family units and 1,515 single family units for a total of 2,375 units (4.4 units per acre), plus a 136-bed independent living facility.  Although the proposed densities for the commercial and office portions of this mixed use are higher than those approved for The Lakes at Cedar Grove, they are well below the suggested maximum density of 15,000 square feet per acre for commercial and office land uses in the Community Live Work designation of the Comprehensive Land Use Plan. 

 

Given that the proposed mixed use development is consistent with the policy and intent of the Comprehensive Land Use Plan and is consistent with Board action in the area, Staff recommends APPROVAL CONDITIONAL for 2006Z -0088 SFC subject to the attached Recommended Conditions.

 

MINIMUM HEATED FLOOR AREA

 

Staff notes that the applicant does not indicate a proposed minimum heated floor area for the multi-family units.  The Lakes at Cedar Grove apartments, zoned MIX (Mixed Use) per 2001Z -0032 SFC, does not specify a minimum heated floor area for the 860 multi-family units either.  Staff is of the opinion that a minimum heated floor area is necessary and recommends the units be at least the minimum square footage of 700 square feet as required in the A (Medium Density Apartment) zoning district, and has reflected that in the attached Recommended Conditions.

 

BUILDING SETBACKS

 

The MIX zoning district requires that the minimum building setbacks be specified in the zoning conditions.  The applicant is proposing that the required 15-foot landscape strip along both sides of Jones Road be deleted in lieu of the landscape strip shown on the submitted site plan.  This landscape strip would also function as a building setback, and will be discussed in the section below.  Along the Cedar Grove Road frontage, the site plan indicates compliance with the 15-foot landscape strip, which would also function as a building setback.  In addition, required buffers and improvement setbacks are shown on the site plan along all other property lines and will function as building setbacks along those property lines.

 

LANDSCAPE STRIPS AND BUFFERS

 

The applicant is requesting a 2-part concurrent variance related to landscape strips and buffers as follows:

 

Part 1: To delete the required 15-foot landscape strip along both sides of Jones Road in lieu of the landscape strip shown on the submitted Site Plan. (Article  12.K.4.A.2.)

 

Pursuant to a letter dated November 14, 2006, the applicant is requesting that this concurrent variance be WITHDRAWN; therefore, Staff recommends that 2006VC-121 SFC, Part 1, be WITHDRAWN.

 

Part 2. To replace the 20-foot buffer and 10-foot access easement required around detention ponds with an alternate planting design proposed by the applicant in a letter dated November 14, 2006. (Article 34.5.4.)

 

The site plan indicates two new detention ponds adjacent to Jones Road, one on each side of the road.  Article 34.5.4. of the Zoning Resolution requires a 20-foot buffer and 10-foot improvement setback around detention ponds.  The applicant's third amendment to this rezoning application, dated November 14, 2006, proposes alternative planting design language as follows:

 

“Detention/retention facilities will be designed to follow natural land forms such that the perimeter of the basin emulates a naturally formed depression.  Soils excavated during construction will be redistributed around the perimeter of the basin to create natural land forms.  No slopes within the basin will exceed one-foot vertical for every three-foot horizontal for a distance of twelve feet measured horizontally from the waterline of the normal pool elevation, nor shall land forms immediately surrounding the basin exceed one-foot vertical for every three-foot horizontal.  Slopes will be varied to emulate natural conditions.  Trees and shrubs will be grouped in informal patterns around the perimeter of the basin to suggest native vegetation.”

 

Upon review of this request, Staff notes that the applicant is proposing to construct the detention ponds according to the Fulton County Subdivision Regulations standards regarding alternative planting designs for detention ponds as indicated in Section 8.5.3.C.  The major exception is the amount of slope; the County requires a 4-to-1 slope instead of a 3-to-1 slope as proposed by the applicant.  The applicant has noted that the reason for the alternative design is due to the location of the ponds at the entrances to the project, and the intention to make the ponds more natural in design.  Staff views this request to be in keeping with the harmony and intent of the Zoning Resolution, and recommends 2006VC-121 SFC, Part 2, be APPROVED CONDITIONAL.   

 

The site plan indicates a 100-foot buffer with a 10-foot improvement setback along the South Fulton Parkway and for a distance of 300 feet along Cedar Grove Road in compliance with the South Fulton Parkway Overlay District. 

 

PARKING

 

The site plan indicates compliance with the parking requirements of Article 18 of the Zoning Resolution.

 

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 County Staff to verify areas addressed in the ESA report. According to the ESA and county GIS a lake and stream is located in the western portion of the site with adjacent wetlands. The ESA also confirmed a wetland area in the lake area. A stream crossing (pedestrian bridge) is proposed.  Steep slopes greater than 33 percent over a 10-foot rise in elevation are located in the stream buffer area. Compliance with County stream buffer requirements, wetlands and erosion control guidelines would mitigate developmental impacts to adjacent properties. The proposed development does not contain floodplains, historical sites or sensitive plant and animal species.

 

OTHER CONSIDERATIONS

 

The site plan indicates a maximum height of 3 stories for the multi-family residential buildings, 2 stories for the office buildings and 1 story for the commercial buildings.  Staff has included these maximums in the Recommended Conditions.

 

Staff notes that an important component of the MIX (Mixed Use) zoning district is the requirement for pedestrian connectivity.  Sidewalks are shown on the revised site plan which connect Building A (retail), Buildings E and F (offices) and Buildings G, H and J (offices and restaurants) with a proposed fountain area in the middle of the large parking lot on the north side of Jones Road.  The site plan also indicates connectivity to the


residential units to the north and to the retail/office buildings on the south side of Jones Road.  Staff recommends these sidewalks be raised and has included that in the attached Recommended Conditions.

 

Staff notes the subject site is located in the South Fulton Parkway Overlay District.  The applicant is required to comply with the standards of the Overlay District at the time of application for a land disturbance, building, or sign permit.

 

 

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 mixed use development, if developed with Staff's Recommended Conditions, is suitable for the subject site given the existing and anticipated 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 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.  Some overcrowding of schools may occur. 

 

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

 

FINDING:      The proposed mixed use zoning and development is consistent with the policies and intent of the Comprehensive Plan, provided the Recommended Conditions are incorporated into the development.

 

LAND USE PLAN MAP:    Community Live Work

 

                        Proposed use/density:         Retail - 5,482.24 square feet per acre

                                                                        Office - 1,827.42 square feet per acre

                        Multi-family - 1.02 units per acre

                                                                                   

The Comprehensive Land Use Plan Map suggests Community Live Work for the subject site and the area surrounding the Cedar Grove Road/South Fulton Parkway intersection. To the north of the site, the Plan Map suggests Residential 1 to 2 units per acre.  Staff is of the opinion that the proposed mixed use development is consistent with recent Board approvals and emerging development patterns along this portion of the South Fulton Parkway corridor. 

 

PLAN POLICIES:

 

Provide for the transition of land uses from higher to lower densities and between different land uses.

 

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.

 

Promote interparcel and shared access between adjacent uses or within a development site.

 

Encourage appropriate building heights which are compatible with the surrounding area and are consistent with transitional and other land use policies.

 

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.

 

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, current mixed use development trends in the area, and adopted land use policies support this request for a mixed use 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 mixed use development is not considered to be environmentally adverse to the 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 mixed use development is consistent with the policies and intent of the Comprehensive Plan and with approved zonings in the area.  Therefore, Staff recommends petition 2006Z -0088 SFC be APPROVED CONDITIONAL, concurrent variance 2006VC-0121 SFC, Part 1 be WITHDRAWN, and 2006VC-0121 SFC, Part 2, be APPROVED CONDITIONAL subject to the attached Recommended Conditions. 

 

COMMUNITY ZONING BOARD RECOMMENDATION

 

On November 21, 2006, the Community Zoning Board recommended petition 2006Z -0088 SFC be APPROVED CONDITIONAL, concurrent variance 2006VC-0121 SFC, Part 1 be WITHDRAWN, and 2006VC-0121 SFC, Part 2, be APPROVED CONDITIONAL subject to Staff's attached Recommended Conditions.  There was no opposition present.  However, the applicant met with the South Fulton Parkway Alliance and the Cedar Grove Homeowners Association and agreed to additional conditions.  Staff has incorporated most of those conditions into the attached Recommended Conditions.

 

 

RECOMMENDED CONDITIONS

 

If this petition is approved by the Board of Commissioners, it should be APPROVED MIX (Mixed Use) 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.         Retail, service commercial and accessory uses, including all exterior food and beverage service areas, at a maximum density of 5,482.24 gross square feet per acre zoned or a total of 237,600 square feet, whichever is less.  Liquor stores as a primary use are prohibited.

 

b.         Office/institutional and accessory uses at a maximum density of 1,827.42 square feet of gross floor area per acre zoned or a total gross floor area of 79,200 square feet, whichever is less.

 

c.         No more than 44 multi-family units at a maximum density of 1.02 dwelling units per acre based on the total acreage zoned, whichever is less. 

 

d.         The minimum heated floor area per multi-family unit shall be 700 square feet.

 

e.         Limit the height of the multi-family buildings to no more than 3 stories.

 

f.          Limit the height of the office buildings to no more than 2 stories.

 

g.         Limit the height of the commercial retail buildings to no more than 1 story.

 

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 13, 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 recreational and common areas which may be held in common shall be accessible by streets, sidewalks, or trails and the common areas 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.         To provide raised pedestrian sidewalks throughout the parking lot located on the north side of Jones Road in order to connect the fountain area with Retail/Office Buildings A, E, F, G, H and J and the Residential Buildings 1 and 2 as shown on the revised Site Plan referenced in Condition 2.a., or as may be required by the Director of the Department of Environment and Community Development.  In addition, provide raised pedestrian sidewalks from the north side of Jones Road to the south side of Jones Road as shown on the revised Site Plan referenced in Condition 2.a., or as may be required by the Director of the Department of Environment and Community Development.

 

b.         Delete the 20-foot buffer and 10-foot improvement setback around the detention facilities in the area of Jones Road as shown on the Site Plan referenced in condition 2.a.  Detention ponds shall have a maximum of 3:1 slopes and be created and landscaped so as to present a natural appearance.   (2006VC-0121 SFC, Part 2)

 

c.         The noise decibel level from any outdoor entertainment or speakers shall not exceed 75 db as measured at any adjoining property line.

 

d.         Prior to the issuance of the first Building Permit, a 6-foot black or dark green coated chain link fence shall be erected along the east property line starting approximately 500 feet from the north side of Jones Road and shall extend northward generally along the eastern property line and then westward along the northern property line and shall end within 80 feet of Cedar Grove Road.  The fence may meander along the property lines in order to avoid large trees and to account for the topography. 

 

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.

 

                        150 feet from centerline of South Fulton Parkway

 

45   feet from centerline of Cedar Grove Road

 

45   feet from centerline of Jones 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:

 

                        100 feet from centerline of South Fulton Parkway

 

30   feet from centerline of Cedar Grove Road

 

30   feet from centerline of Jones Road.

 

c.         No access shall be allowed from South Fulton Parkway.

 

d.         Provide a Traffic Study along with the Land Disturbance Permit Submittal and comply with conditions as may be required by the Traffic Review Staff.

 

e.         Entrance Curb Cut Design and Locations on Jones Road is subject to approval 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 Case and/or associated Concept Plan that depicts proposed conditions that are inconsistent with county design requirements and standards does not constitute a waiver of such requirements, unless specifically stipulated during the zoning case hearing, by the Board of Commissioners.

 


APPENDIX

 

COMMENTS ON PUBLIC SERVICES AND UTILITIES

 

NOTE: Various 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:  Jones Road

Classification:  Local

Level of Service:  C or better

 

Road name:  Cedar Grove Road

Classification:  Collector

Level of Service: C or better

 

Road name:  South Fulton Parkway

Classification:  Principal Arterial

Level of Service:  C or better

 

Anticipated Traffic Generation Rates:

Average: 13,449 trips per day

Peak Hour: 1,318 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.

 

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: 48,333 gallons per day

 

This project is within the City of 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: 43,500 gallons per day

 

The nearest wastewater pipeline to this project is +/- 1,750 linear feet located in Land Lot 115, District 7.

 

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: F.I.R.M. Panel No. 13121C0432E.  Approx. 0 percent floodplain.

 

BOARD OF EDUCATION:

 

# of Proposed Units: 44 multi-family units

 

 

Schools

 

 

Renaissance Elementary

 

Bear Creek Middle

 

Creekside High School

 

Estimated Number of Students Generated

 

7 to 12

 

4 to 7

 

4 to 7