PROPOSED ZONING C-1 (COMMUNITY BUSINESS) - 3,165
SQUARE FEET PER
PROPOSED USE RETAIL - 2,532 SQUARE FEET
EXISTING ZONING C-1 (COMMUNITY BUSINESS) - Z75-048 SFC
EXISTING USE BABY GRAND PIANO BAR, FORMERLY
CAPTAIN D'S SEAFOOD RESTAURANT
LAND USE MAP NEIGHBORHOOD LIVE WORK
LOCATION
110.10 FEET OF FRONTAGE
PARCEL SIZE .80 ACRES
SMALL AREA 702
LL 68, DISTRICT 13
COMMISSION DISTRICT 7
OLD NATIONAL OVERLAY DISTRICT
OWNER SOLID EQUITIES, INC.
PETITIONER SOLID EQUITIES, INC.
REPRESENTATIVE RICK S. SEXTON
APPLICANT'S INTENT To develop 2,532 square foot of retail in an existing structure for an overall density of 3,165 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 subject 0.80 acre site is zoned C-1 (Community Business) and is developed with a restaurant, Baby Grand Piano Bar. The site is approved C-1 (Community Business), pursuant to Z75-048 SFC, for a Captain D's Seafood Restaurant.
NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL
** North - Use: Vacant
Petition: Z6Z-101 SFC
Zone: C-1 (Community Business)
Density: None Stated
** Further North - Use: Car Wash & US Pay Day (Existing)
Petition: Z75-051 SFC
Zone: C-2 (Commercial)
Density: None Stated
Height: 30 feet
** Further North - Use: Blimpie (Existing)
Petition: Z77-088 SFC
Zone: C-1 (Community Business)
Density: None Stated
** Further North - Use: Cash on Title (Existing)
Petition: Z73-146 NFC
Zone: C-1 (Community Business)
Density: None
** Further North - Use: Medical Clinic (Existing)
Petition: 2002Z -0091 SFC
Zone: C-1 (Community Business)
Density: 6,863.03 square feet per acre
** Further North - Use: Pharmacy (Existing)
Petition: 2005Z -0011 SFC
Zone: C-1 (Community Business)
Density: 2,183.41 square feet per acre, 2,000 total square feet
** South - Use: Jackson Hewitt Financial (Existing)
Petition: Z74-020 SFC
Zone: C-1 (Community Business)
Density: None Stated
** Further South - Use: Yasims Seafood (Existing)
Petition: Z73-017 SFC
Zone: C-1 (Community Business)
Density: None Stated
** Further South - Use: El Nopol Restaurant (Existing)
Petition: Z77-113 SFC
Zone: C-1 (Community Business)
Density: None Stated
** Further South - Use: U-Haul Storage (Existing)
Petition: Z87-09 SFC
Zone: C-1 (Community Business)
Density: None Stated
** West - Use: Sports Element Shoe Store (Existing)
Petition: 2003Z -0021 SFC
Zone: C-1 (Community Business)
Density: 6,863.31 square feet per acre
** Southwest - Use: Rent-a-Center (Existing)
Petition: Z73-148 SFC
Zone: C-1 (Community Business)
Density: None Stated
** Further Southwest - Use: Tax Refund (Existing)
Petition: Z75-069 SFC
Zone: C-1 (Community Business)
Density: None Stated
** Further Southwest - Use: Ankle/Foot Center (Existing)
Petition: Z73-104 SFC
Zone: C-1 (Community Business)
Density: 7,987.18 square feet per acre
** Further Southwest - Use: First Class Realty (Existing)
Petition: 2005Z -0066 SFC
Zone: C-1 (Community Business)
Density: 8,604.09 square feet per acre, 4,216 total square feet
Height:
** Further Southwest - Use: Club Ritz (Existing)
Petition: Z75-066 SFC
Zone: C-1 (Community Business)
Density: None Stated
** Northwest - Use: Midas (Existing)
Petition: Z73-176 SFC
Zone: C-2 (Community Business)
Density: None Stated
** Further Northwest - Use: Village Market Gas Station (Existing)
Petition: Z72-103 SFC
Zone: C-1 (Community Business)
Density: None Stated
** Further Northwest - Use: Owens Fine Foods (Existing)
Petition: Z76-026 SFC
Zone: C-1 (Community Business)
Density: None Stated
** Further Southwest - Use: Biscayne Apartments (Existing)
Petition: Z70-160 SFC
Zone: A (Apartments)
Density: None Stated
Minimum Heated Floor Area: None Stated
** Further Northwest
- Use:
** Further
West - Use:
** East
- City of
** 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 September 14, 2006, Staff offers the following considerations:
The applicant is requesting to rezone the subject site from C-1 (Community Business), which is conditioned to Captain D's restaurant, to C-1 (Community Business) in order to allow uses which are permissible in the C-1 (Community Business) district. The Comprehensive Land Use Plan Map suggests neighborhood live work for the subject site. The live work designation suggests a compatible mix of land uses, i.e. retail, office, services, institutional, civic and residential uses for the area. The applicant's request for commercial use in the existing structure is compatible with the suggestion of the Map and with approved zonings in the area. Therefore, Staff recommends this petition be APPROVED CONDITIONAL subject to the attached Recommended Conditions.
40-foot building setback along
0-foot building setback along the north and south property line (side yards) (Article 9.1.3.C)
0-foot building setback along the east property line (rear yard) (Article 9.1.3.D)
The site plan shows compliance with the required building setbacks. In addition, the buildings and all permanent structures, such as parking lots, shall be located outside of the required landscape strips, buffers, and improvement setbacks as listed in the following section, LANDSCAPE STRIPS AND BUFFERS.
The
subject site is required to provide the following landscape strips and
undisturbed buffers with improvement setbacks per Article 4.23 and 12D of the Fulton County Zoning
Resolution for the retail use.
15-foot landscape strip along
10-foot landscape strip along the north and south property lines (side yards) (Article 12D.3.A.2)
50-foot undisturbed buffer and 10-foot improvement setback along the east property line (Article 4.23.1)
a 10-foot wide island with a shade tree every 6th parking spaces (Article 4.23.2)
Staff notes that the existing
driveway, parking, and fence encroach into the required landscape strips. Should
the Board of Commissioners grant the applicant's request to rezone, Staff has
included in the Recommended Conditions a condition reducing all building
setbacks to the extent necessary for existing structures to remain.
Article 18 requires 5 parking spaces per 1,000 square feet of retail use and 10 spaces per square foot of restaurant use. The proposed use is a 2,532 square foot restaurant. Twenty-five parking spaces are required. The site plan shows compliance with a total of 27 parking spaces.
ENVIRONMENT
The Environmental Site Analysis
Report (ESA) is sufficient and satisfies the requirement of the Fulton County
Zoning Resolution. A field survey of the
site was conducted by
The site is located in the Old National Highway Overlay District. At the time of application for a Land
Disturbance Permit, Building Permit, or Sign Permit, it is the applicant's
responsibility to comply with the development standards of the Overlay
District.
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 commercial use, if developed with Staff's Recommended Conditions, is suitable for the subject site given the existing commercial 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: The proposed development is not anticipated to have an adverse impact on the existing public facilities and services in this area, provided the Recommended Conditions are incorporated into the development of the subject site.
E. WHETHER THE ZONING PROPOSAL IS IN CONFORMITY WITH THE POLICIES AND INTENT OF THE LAND USE PLAN.
FINDING: The proposed use is consistent with the suggestion of the Comprehensive Plan Land Use Map, as well as Plan policies.
LAND USE PLAN MAP: Neighborhood Live Work
Proposed use/ density: Retail / 3,165 square feet per acre
The Comprehensive Land Use Plan Map suggests neighborhood
live work along the
PLAN POLICIES:
Encourage a
broad range of business types and an even distribution of employment centers
among the major divisions of unincorporated
Direct future non-residential development to highway interchanges and intersections of major roads in a pattern of mixed-use, activity nodes.
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: Previous Board
approval of C-1 (Community Business) on the site and in the area supports the applicant's
request.
G. WHETHER
THE ZONING PROPOSAL WILL PERMIT A USE WHICH CAN BE CONSIDERED ENVIRONMENTALLY
ADVERSE TO THE NATURAL RESOURCES, ENVIRONMENT AND CITIZENS OF
FINDING: The proposed use
is not considered environmentally adverse affecting natural resources, the
environment, or the citizens of
CONCLUSION:
Given the proposed use is consistent with the suggestion of
the Comprehensive Land Use Map, Plan Policies and previous board action on the
site, Staff recommends that the petition be APPROVED CONDITIONAL.
COMMUNITY ZONING BOARD MEETING
On November 21, 2006, the Community Zoning Board recommended that the petition be APPROVED CONDITIONAL. At the time of print the applicant and the Old National Merchants Association were working on an agreement of excluded uses for the subject site.
RECOMMENDED CONDITIONS
1. To the owner's agreement to restrict the use of the subject property as follows:
a. Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, at a maximum density of 3,165 gross square feet per acre zoned or a total of 2,532 square feet, whichever is less, but excluding convenience stores with gas pumps, freestanding fast food restaurants and commercial amusements.
b. Limit the height of the building to no more than 1 story.
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 14, 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy.
3. To the owner's agreement to the following site development considerations:
a. Reduce all building setbacks, landscape
strips, undisturbed buffers, improvement setbacks, and parking lot island
requirements to the extent necessary for existing structures to remain.
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:
55 feet from
centerline of
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.
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.
APPENDIX
COMMENTS ON PUBLIC SERVICES AND UTILITIES
NOTE:
Various
Road name:
Classification: Arterial Collector
Level of Service: C or better
Anticipated Traffic Generation Rates:
Average: 623
trips per day
Peak Hour: AM 17 trips; PM 55 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.
This facility must comply with the Fulton County Clean
Indoor Air Ordinance.
Since this proposed development is 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: 5,555 gallons per day
This project is within the City of
SEWER:
Basin: Morning Creek
Treatment Plant: Morning Creek
Anticipated sewer demand: 5,000 gallons per day
The nearest wastewater pipeline to this project is on
site located in Land Lot 68, District 13.
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.
13121C0476E. Zero percent flood plain.
BOARD OF EDUCATION:
No Comment.
TAX ASSESSOR:
Property Tax ID#: 13-0068-LL-177-9
Taxes on the subject property are
up-to-date.
FIRE MARSHAL:
Fire Station: 7
Battalion: 1
Impact: Will increase traffic congestion.
POLICE DEPARTMENT ZONING IMPACT
STATEMENT:
Beat: 29
Impact Statement on Beat:
Current calls for service: 10,740
Projected calls for service: Unknown
**** Current average response time: 10 minutes
** Increase in the number of residents: 5
* Increase in E-911 calls for service (police, fire, E.M.S.): 13
*** Increase in the number of traffic
accidents: 0.3
PROJECTED IMPACT ON DEMAND FOR POLICE
SERVICES:
It is the policy of the Fulton County
Police Department to answer all calls for service regardless of the impact of a
particular development. However, two of the most noticeable indicators of the
quality of police service will be as follows: As demands for service increase,
police response time to calls will increase. Time available for proactive
neighborhood/business patrol will decrease and crime prevention efforts will
decline.
The Police Department does anticipate a
significant impact on demand for police services.
* Based on 1998 population of 222,794
and 1998 total calls for service of 584,054 (194,242 for police services).
** Based on average single family
residence population of four, average apartment population of two and 1.96
persons per 1,000 gross square feet of space.
*** Based on 1998 accident calls of 8,009.
**** Based on average response time of 10.7
minutes (North Fulton) and 8 minutes (
***** Based on average of two (2) cars per
single family residence.
Note: The demand for police service is
determined by socio-economic, legislative and other forces which do not lend
themselves to predictability. Therefore, projections are made from historical
data only. (There has been a 13.96% increase in calls for police service from
1996 to 1997)
EMERGENCY
SERVICES:
If zoning petition is approved there
will be an increase in E911 call volume.
The increase may negatively affect the Department's call answering speed
and service level.
Increased traffic volume without road
improvements may increase response times of emergency response vehicles thereby
reducing effective delivery of emergency services.
CITY
OF
The proposed project is located
approximately 1.5 miles south 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