2006VC-0149 SFC
PROPOSED ZONING C-1 (COMMUNITY BUSINESS) –
1,020.83 SQUARE
FEET PER
PROPOSED
USE CONVENIENCE STORE WITH GAS PUMPS –
5,000 SQUARE FEET
EXISTING ZONING SUB A (RESIDENTIAL)
EXISTING USE TWO SINGLE FAMILY RESIDENCES
LAND USE MAP COMMUNITY LIVE-WORK
LOCATION
324.52 FEET OF FRONTAGE
908.71 FEET OF FRONTAGE
PARCEL SIZE 4.898 ACRES
SMALL AREA 517
LL 118, DISTRICT 14F
COMMISSION DISTRICT 7
SANDTOWN OVERLAY DISTRICT
OWNER GLORIA
PETITIONER RACE TRAC PETROLEUM
REPRESENTATIVE MICHAEL HIGHTOWER
APPLICANT'S
INTENT To
develop a 5,000 square foot convenience store with gas pumps on 4.898 acres at
a density of 1,020.83 square feet per acre. The applicant is also requesting a
concurrent variance to reduce the required 40-foot buffer and 10-foot
improvement setback to a 15-foot landscape strip along
Department of Environment
and Community Development
Recommendation
Community Zoning Board
Recommendation
November 21, 2006
The Community Zoning Board recommended approval of the petition and denial of the concurrent variance per Staff's recommendation.
SUBJECT SITE AND SURROUNDING AREA:
SUBJECT SITE:
The 4.898 acre site is located at the
northwest quadrant of
NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL
** West - Use: Retail & Office (Approved)
Petition: 2002Z -0008 SFC
Zone: C-1 (Community Business)
Density:
6,704.83 Square Feet Per
Height: 2 Stories
** North - Use: Scattered Single Family Residences (Existing)
Zone: SUB A (Residential)
** Further North - Use: Group Home (Approved)
Petition: 2004Z -0155 SFC
Zone: R-2 (Residential)
** East - Use: Undeveloped
Zone: SUB A (Residential)
** Southeast and South - Use: Undeveloped
Zone: SUB A (Residential)
** Southeast - Use: Undeveloped
Zone: R-3 (Residential) & AG-1 (Agricultural)
** Further Southwest - Use: Undeveloped
Petition: Z67-074 SFC
Zone: R-3 (Residential)
** Further Southwest - Use:
Zone: SUB A (Residential) & AG-1 (Agricultural)
** West - Use: Townhomes (Approved)
Petition: 2006Z -0060 SFC
Zone: TR (Townhouse Residential)
Density: 4.76 units per acre
Minimum Heated Floor Area: 1,200 square feet
** There have been no RECENT DENIALS and there are no MISCELLANEOUS USES/ZONINGS 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 25, 2006, Staff offers the following considerations:
LAND USE AND DENSITY
The applicant is proposing to rezone the subject site from SUB A (Residential) to C-1 (Community Business) to develop a 5,000 square foot convenience store with gas pumps on 4.898 acres for a density of 1,020.83 square feet per acre. The applicant's request is consistent with the Comprehensive Plan Land Use Map's suggestion for Community Live-Work which allows commercial development on the subject site and the surrounding properties. The petition is also consistent with Board action in the area which approved a C-1 (Community Business) zoning to the west at a density of 6,704.83 square feet per acre, pursuant to 2002Z -0008 SFC. Given that the applicant's petition is consistent with the Plan Map's suggestion and Board action in the area, Staff recommends this petition be APPROVED CONDITIONAL subject to the attached Recommended Conditions.
BUILDING
SETBACK
In
accordance with Article 9.1.3 of the Zoning Resolution, a 40-foot building
setback is required along
LANDSCAPE
STRIPS AND BUFFERS
In accordance with Articles 4.23.1
and 12.F.4 of the Zoning Resolution, a minimum 40-foot wide buffer and 10-foot improvement
setback is required along Camp Creek Parkway; a 15-foot wide landscape strip
along Campbellton Road (SR 166); a 25-foot wide buffer and 10-foot improvement
setback along the east property line and a 50-foot wide buffer and 10-foot
improvement setback along the north property line. The applicant's site plan
indicates compliance with the requirement except along
Reduce the required 40-foot
wide buffer and 10-foot improvement setback to a 15-foot landscape strip along
In accordance with Article 22.3.1 of the Zoning Resolution, Staff has evaluated the concurrent variance request to determine if a hardship exists. Staff is of the opinion that the applicant has failed to demonstrate a valid hardship. Staff is further of the opinion that the requested variance would not be in harmony with the general purpose and intent of the Zoning Resolution. Therefore, Staff recommends DENIAL of the concurrent variance.
PARKING
Article 18.2.1 of the Zoning Resolution requires the applicant to provide 5 parking spaces per 1,000 square feet of building area for retail development. Based on the proposed total area of 5,000 square feet, 25 parking spaces are required. The applicant's site plan indicates compliance with the parking requirements.
TRANSPORTATION:
Fulton County Traffic anticipates the traffic generation rates as
follows: 969 average trips per day, 26 trips at the a.m. peak hour and 87 trips
at the p.m. peak hour. To help mitigate
the impact of increased traffic, the Fulton County Traffic Engineer is
requiring the applicant to comply with traffic recommendations in the
Recommended Conditions.
ENVIRONMENT
The Environmental Site Analysis
Report is sufficient and satisfies the requirement of the Fulton County Zoning
Resolution. A field survey of the site was conducted by
OTHER CONSIDERATIONS
Pursuant to Article 34.5.3 of the
Fulton County Zoning Resolution, sidewalks are required along the entire length
of the property along
The subject site lies within the area covered by the Sandtown Overlay District. The applicant will be required to demonstrate compliance with the overlay district standards at the time of permitting.
Staff notes that existing and approved building heights in the area are 2-stories. Staff is of the opinion that in order to maintain the character of the area for bulk and height, building height should not exceed 2-stories. 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 retail convenience store with gas pumps, if developed with Staff's Recommended Conditions, is suitable for the subject site given the existing and anticipated commercial development 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 convenience store with gas pumps 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 transportation system is expected but should be mitigated with compliance to the attached Recommended Conditions for project improvements.
E. WHETHER THE ZONING PROPOSAL IS IN CONFORMITY WITH THE POLICIES AND INTENT OF THE LAND USE PLAN.
FINDING: The proposed convenience store is consistent with the Community Live-Work suggestion of the Plan Map as well as the policies and intent of the Comprehensive Plan.
LAND USE PLAN MAP: Community Live-Work
Proposed use/density:
Convenience Store with gas pumps/ 1,020.83 Square Feet Per
The Comprehensive Plan Land Use
Map suggests the subject site and the surrounding area as appropriate for Community
Live-Work. Further north, east, south and west, the Plan Map suggests
residential at 2 to 3 units per acre.
PLAN POLICIES:
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.
Encourage a broad range of
business types and an even distribution of employment centers among the major
divisions of unincorporated
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: There are no
conditions affecting the use of this property.
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 retail use is not considered
environmentally adverse affecting natural resources, the environment, or the
citizens of
CONCLUSION:
Provided Staff's Recommended Conditions are incorporated
into the development of the site, the proposed convenience store with gas pumps
is consistent with Plan policies and Board action in the area. Therefore, Staff
recommends this petition be APPROVED CONDITIONAL, subject to the
attached Recommended Conditions. Staff is of the opinion that the applicant has
failed to demonstrate a valid hardship for the requested variance, and that the
variance would not be in harmony with the intent of the Zoning Resolution.
Therefore, Staff recommends DENIAL of
the requested concurrent variance.
COMMUNITY ZONING BOARD MEETING
On November 21, 2006, the
Community Zoning Board recommended approval of this petition and denial of the
concurrent variance per Staff's recommendation. Staff notes that during the
Community Zoning Board hearing, the Sandtown Community Association expressed
their opposition to this petition due to traffic congestion and safety issues
because of the curb cut being too close to the
RECOMMENDED CONDITIONS
1. To the owner's agreement to restrict the use of the subject property as follows:
a. Convenience store with gas pumps and accessory uses, at a maximum density of 1,020.83
gross square feet per acre zoned or a total of 5,000 square feet, whichever is
less.
b. Limit
the height of the building to 2-stories.
2. To the owner's agreement to abide by the following:
a. To the site plan received by the Department of Environment and Community Development on September 25, 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 abide by the following traffic requirements, dedications and improvements:
a. Reserve
for
55 feet from
centerline of
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:
75 feet from
centerline of
40 feet from
centerline of
c. No curb cut shall be
allowed on
d. Campbellton Road (SR 166) entrance shall be right-in/right-out or as may be approved by Georgia Department of Transportation.
4. To the owner's agreement to abide by the
following:
a. Prior to submitting the application for a (LDP) with the Department of Environment and Community Development, Development Review Division, arrange to meet with the Fulton County Traffic Engineer. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit.
b. Prior
to submitting the application for an LDP, arrange an on-site evaluation of
existing specimen trees/stands, buffers, and tree protection zones within the
property boundaries with the Fulton County Arborist. A signed copy of the
results of these meetings will be required to be submitted along with the
application for an LDP.
c. Prior to submitting the application for an LDP, the
developer/engineer shall contact the Public Works Department, Water Services
Division, and arrange to meet on-site with an engineer from the Surface Water
Management Program (SWMP), who is responsible for review of Storm Water Concept
Plan submittals.
d. Prior to submitting the application for an LDP, the developer
and/or engineer shall submit to the SWMP, through the Development Review
Division, a project Storm Water Concept Plan. This concept plan shall
indicate the preliminary location of the storm water management facilities
intended to manage the quality and quantity of storm water. The concept
plan shall specifically address the existing downstream off-site drainage
conveyance system(s) that the proposed development surface runoff will impact,
and the discharge path(s) from the outlet of the storm water management
facilities to the off-site drainage system(s) and/or appropriate receiving waters.
As part of the Storm Water Concept Plan submittal, a preliminary capacity
analysis shall be performed by the engineer on the off-site drainage system(s)
points of constraint. The capacity analysis shall determine the capacity
of all existing constraint points, such as pipes, culverts, etc. from the point
of storm water discharge at the proposed development site boundary downstream
to the confluence of the receiving drainage course at a point where the
drainage area is at least ten times the proposed development site area and the
next downstream drainage area having a drainage area of fifty acres or
more. The critical capacity points shall be selected based upon the
engineer's field observation, professional judgment, and limited field survey
data. The analysis shall identify the downstream properties pre and
post-development 100-year water surface elevations, and for any
post-development water surface elevation increase exceeding 0.05 feet, the
developer shall acquire the applicable offsite drainage easement to accommodate
the 100-year storm flow through impacted properties. Where
e. Where storm water currently drains by sheet flow and it is proposed
to be collected to and/or discharged at a point, such that the discharge from
the storm water management facility outlet crosses a property line, such
discharge shall mimic pre-development sheet flow conditions. A
description of the method proposed to achieve post-development sheet flow
conditions shall be provided as part of the Storm Water Concept Plan.
Should the method to achieve sheet flow across an external property line be
unsuccessful, the developer shall acquire an easement(s) from the point of
discharge to a point down gradient at a live dry weather stream sufficient to
contain the 25 year storm flow or other location as approved by the Director of
Public Works. This condition will not apply when the storm water
management facility is designed and approved to discharge directly to a stream
or watercourse.
f. A draft of the Inspection and Maintenance Agreement required by
Fulton County Code Section 26-278 shall be submitted to the Department of
Public Works with the Storm Water Concept Plan.
g. The
Inspection and Maintenance Agreement shall provide that all storm water
management/detention facility outlet control structures shall be inspected,
photographed, and cleaned, if necessary, on a monthly basis, by the
owner. The Inspection and Maintenance Agreement shall require that the
design engineer shall prepare an operation and maintenance guidance document,
for use by the owner and/or any professionals retained by the owner, to plainly
describe the basic operational function of the facility(ies), including a
description of a permanent marker post(s) which shall indicate that the level
of sediment which, if exceeded, requires sediment removal. The Inspection
and Maintenance Agreement shall require an annual operation and maintenance
report for all storm water management/detention facilities be prepared by a
licensed design professional and submitted to the SWMP. The annual report
shall include monthly inspections, photographs, and documentation of the
cleaning of storm water management/detention facilities outlet control
structure(s) as well as an operational assessment of the facilities indicating
that they do, or do not, function as described in the design guidance document
(described above), and if they do not, a description of the specific actions to
be taken to allow the facilities to function as intended.
h. The required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit, or Building Permit associated with the development.
i. The engineer/developer
is required to submit, along with the application for an LDP, signed
documentation verifying approval of the Storm Water Concept Plan.
j. Where
paved parking areas (including access aisles) are proposed to exceed 5,000
square feet, the storm water management facilities shall be designed to reduce
pollutants such as oil, grease and other automobile fluids that may leak from
vehicles. A general description, or concept, of the storm water management
facilities proposed to achieve the removal of such pollutants shall be
submitted with the Storm Water Concept Plan. A detailed design of such
facilities shall be included in applicable documents for a land disturbance
permit.
k. With
the application for an LDP, provide documentation (such as channel
cross-sections, centerline profile, etc.) describing the geometry of
those existing natural streams, creeks, or draws within the proposed
development boundary which in the design engineer's judgment are at risk of
erosion due to increased flow, provide a description of the basis utilized in
judging areas to be at risk, and provide details on the Storm Water Management
Plan of the post-development channel bank protection measures.
l. The developer/engineer shall demonstrate to the County by
engineering analysis submitted with the LDP application, that the
discharge rate and velocity of the storm water runoff resulting from the
development is restricted to seventy-five percent (75%) of the pre-development
conditions for the 1-year frequency storm event, up to and including the ten
(10)-year frequency storm event.
m. Drainage from all disturbed areas shall be collected and conveyed to a storm water management facility provided as part of the development. The Storm Water Concept Plan shall identify any proposed areas with incidental and minor release of storm water not conveyed to such facilities, subject to the approval of the Director of Public Works. Plans for any land disturbance permit shall show all proposed drainage patterns for the proposed development after its completion. Any incidental release of unmanaged or untreated storm flows from any disturbed portion of the developed property shall be allowed only with the approval of the Director of Public Works. Other than minimal incidental flows shall be specifically approved by the Director of Public Works. Bypass flows will not be permitted except from undisturbed areas within a buffer or other protected easement. Final plans shall provide for collection, conveyance and treatment of all approved incidental flows from developed lots or parcels, individual residences or building structures.
n. Storm water management facility(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection, in accordance with the Georgia State Storm water Manual, except that the duration of release for water quality treatment shall be 48 hours.
APPENDIX
COMMENTS ON PUBLIC SERVICES AND UTILITIES
NOTE:
Various
Road name:
Classification: Minor Arterial
Level of Service: C or better
Road name:
Classification: Principal Arterial
Level of Service: C or better
Anticipated Traffic Generation Rates:
Average: 969 trips per day
Peak Hour: 26 trips
HEALTH DEPARTMENT:
The Fulton County Health Department recommends that
the applicant be required to connect the proposed development to public water
and public sanitary sewer available to the site.
Since this proposed development constitutes a premise
where people work, live or congregate, onsite sanitary facilities will be
mandatory, prior to use or occupancy.
This facility must comply with
the Fulton County Clean Indoor Air Ordinance.
If this proposed development includes a food service
facility, the owner must submit kitchen plans for review and approval by this
department before issuance of a building permit and beginning
construction. The owner must obtain a
food service permit prior to opening.
This
department is requiring that plans indicating the number and location of
outside refuse containers along with typical details of the pad and approach
area for the refuse containers be submitted for review and approval.
WATER AND WASTEWATER (SEWER):
WATER:
Anticipated water demand: 555 gallons per day
This project is within the
Comments: This information does not guarantee that
adequate water volume and pressure are available at this time or will be
adequate upon application of permits. Please contact the Department of Public
Works for more information.
SEWER:
Basin:
Treatment Plant: Camp Creek
Anticipated sewer demand: 500 gallons per day
The nearest wastewater pipeline to this project is
+/- 5,000 linear feet located in Land Lot 132, District 14FF.
Comments: This information does not guarantee that
adequate sewer capacity is available at this time or will be available upon
application of permits. Please contact the Department of Public Works for more
information.
DRAINAGE:
Flood Plain: FEMA Map No. 13121C0329E.
Approximate floodplain=0%.
BOARD OF EDUCATION:
No comments.
TAX ASSESSOR:
Property Tax ID#: 14F-0118-LL-047-6;
14F-0118-LL-046-8
Taxes on the subject property are
up-to-date.
FIRE MARSHAL:
Fire Station: Battalion 3, Station 13.
Impact: Will have no adverse effect on
fire.
POLICE DEPARTMENT ZONING IMPACT
STATEMENT:
Beat: 41
Impact Statement on Beat:
Current calls for service: 11,570
Projected calls for service: Unknown
**** Current average response time: 7
minutes
** Increase in the number of residents: 10.0
* Increase in E-911 calls for service (police, fire, E.M.S.): 25.0
*** Increase in the number of traffic
accidents: 0.5
PROJECTED IMPACT ON DEMAND FOR POLICE
SERVICES:
It is the policy of the Fulton County
Police Department to answer all calls for service regardless of the impact of a
particular development. However, two of the most noticeable indicators of the
quality of police service will be as follows: As demands for service increase,
police response time to calls will increase. Time available for proactive
neighborhood/business patrol will decrease and crime prevention efforts will
decline.
The Police Department does anticipate a
significant impact on demand for police services.
* Based on 1998 population of 222,794
and 1998 total calls for service of 584,054 (194,242 for police services).
** Based on average single family
residence population of four, average apartment population of two and 1.96
persons per 1,000 gross square feet of space.
*** Based on 1998 accident calls of 8,009.
**** Based on average response time of 10.7
minutes (North Fulton) and 8 minutes (
***** Based on average of two (2) cars per
single family residence.
Note: The demand for police service is
determined by socio-economic, legislative and other forces which do not lend
themselves to predictability. Therefore, projections are made from historical
data only. (There has been a 13.96% increase in calls for police service from
1996 to 1997)
EMERGENCY
SERVICES:
If zoning petition is approved there
will be an increase in E911 call volume.
The increase may negatively affect the Department's call answering speed
and service level.
Increased
traffic volume without road improvements may increase response times of
emergency response vehicles thereby reducing effective delivery of emergency
services.
Addressing of all proposed properties
identified within the petitions must comply with the County's Addressing
Standard to reduce the likelihood of delay in response time.
City of
The proposed project is located
approximately 8.6 miles northwest of the Airport.
Is the proposed project located
under protected airspace for the Airport?
Yes
(Partially) 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