PETITION No. 2006Z -0104 SFC

2006VC-0150 SFC


 

PROPOSED ZONING                     C-1 (COMMUNITY BUSINESS) - 6,263.13 SQUARE FEET PER ACRE

 

PROPOSED USE                               RETAIL/OFFICE CENTER - 42,226 SQUARE FEET

 

EXISTING ZONING                           AG-1 (AGRICULTURAL)

 

EXISTING USE                                    SINGLE FAMILY RESIDENCE

 

LAND USE MAP                                  RESIDENTIAL - 1 TO 2 UNITS PER ACRE

 

LOCATION                                              BUTNER ROAD (WEST SIDE):

                                                                        281.58 FEET OF FRONTAGE

 

ALDREDGE ROAD (NORTHEAST SIDE):

                                                                        1,028.65 FEET OF FRONTAGE

 

NEWTON DRIVE (WEST SIDE):

                                                                        774.95 FEET OF FRONTAGE

 

                                                                        PARCEL SIZE 6.742 ACRES

 

                                                                        SMALL AREA 521

 

                                                                        LL 98, 72, DISTRICT 14F

 

                                                                        COMMISSION DISTRICT 7

                                                                       

OWNER                                                    CHRISTOPHER S. COCHRAN; CHARLENE M. WALLACE; RICHARD B. WALLACE, SR.; JAMES A. COCHRAN; LEONARD L. ROBERTS

 

PETITIONER                                         CHRISTOPHER S. COCHRAN; CHARLENE M. WALLACE; RICHARD B. WALLACE, SR.; JAMES A. COCHRAN; LEONARD L. ROBERTS

 

REPRESENTATIVE                          MICHAEL HIGHTOWER


 

APPLICANT'S INTENT             To develop 42,226 square feet of retail and office uses on 6.742 acres at a density of 6,263.13 square feet per acre.  The applicant is also requesting a concurrent variance to Article 12L.4.G to allow parking in front of the building.

 

 

Department of Environment and Community Development

Recommendation

 

DEFERRAL FOR 30 DAYS

 

 

Community Zoning Board Recommendation

November 21, 2006

 

DENIAL: 2006Z -0104 SFC

DENIAL: 2006VC -0150 SFC

 


SUBJECT SITE AND SURROUNDING AREA:

 

SUBJECT SITE:  Located on the west side of Butner Road between Aldredge Road and Newton Drive, the 6.742 acre site is zoned AG-1 (Agricultural) and is currently undeveloped.

 

            NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL

 

**         Further Northeast - Use: Camp Creek Village (Under Construction)

            Petition: 2002Z -0012 SFC

            Zone: MIX (Mixed Use)

            Density: Retail - 761.43 square feet per acre, 30,000 total sq. ft.; residential - 6.22 units per acre, total 245 units (no more than 25 single family, 128 apartments, 26 townhouses, 66 independent living), & 92-bed assisted living

            Minimum Lot Size: 10,00 square feet (single family)

            Minimum Heated Floor Area: 700 square feet (independent living), 1,600 square feet (townhouses), 2,000 square feet (single family)

 

**         South - Metro Landscaping & Greenhouse (Existing)

            Zone: C-1 (Community Business)

 

            NEARBY AND ADJACENT PROPERTIES/ZONINGS: RESIDENTIAL

 

**         North - Use: Single Family Residences (Existing)

            Zone: AG-1 (Agricultural)

           

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

            Petition: 2006Z -0042 SFC

            Zone: CUP (Community Unit Plan)

            Density: 2.62 Units Per Acre

            Minimum Lot Size: 6,000 Square Feet

            Minimum Heated Floor Area: 1,800 Square Feet

 

**         Northwest - Use: Oxmoor Estate Subdivision (Existing)

            Petition: Z71 -163 SFC

            Zone: R-3 (Residential)

            Density: 2.45 Units Per Acre

            Minimum Lot Size: 1,200 Square Feet

           

**         Southwest - Use: Wesley Subdivision (Existing)

            Petition: 2000Z -0153 SFC

            Zone: CUP (Community Unit Plan)

            Density: 1.64 Units Per Acre

            Minimum Lot Size: 12,000 Square Feet

            Minimum Heated Floor Area: 1,800 Square Feet

 

**         East - Use: Creekside Arbor (Under Construction)

Petition: 2000Z-0126 SFC

Zone: R-3 (Residential)

Density: 1.89 Units Per Acre

Minimum Heated Floor Area: 1,800 Square Feet

 

**         Southeast - Use: Thaxton Reserve (Under Construction)

            Zone: R-3 (Residential)

            Petition: Z71-108 SFC

            Density: None Stated

 

            RECENT DENIALS IN AREA:

 

**         On, December 4, 2002, the Board of Commissioners denied a rezoning from AG-1 (Agricultural) to C-1 (Community Business) for retail development at a density of 8,121.47 square feet per acre pursuant to 2002Z-0027 SFC at the northwest intersection of Camp Creek Parkway and Butner Road.

 

            MISCELLANEOUS USES AND ZONINGS IN THE AREA:

 

**         South of the site on Butner Road is the Berean Bible Baptist Church

 

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 from AG-1 (Agricultural) to C-1 (Community Business) to   develop 42,226 square feet of retail and office uses on 6.742 acres at a density of 6,263.13 square feet per acre.  The request is inconsistent with the 2025 Comprehensive Land Use Plan Map which designates the subject site suitable for residential development at a density of 1 to 2 units per acre.  The request is also inconsistent with existing and approved low density residential development in the immediate area.  North of the site is zoned AG-1 (Agricultural) and is developed with single family residences.  Southwest of the site is Wesley Subdivision developed at a density of 1.64 units per acre pursuant to 2000Z -0153 SFC.  East of the site is Creekside Arbor Subdivision currently under development pursuant to 2000Z -0126 SFC.  It is zoned R-3 (Residential) at a density of 1.89 units per acre.

 

Located within the Cliftondale Overlay District, Current Planning Staff does note that the request is consistent with the Cliftondale Community Plan Policies and Strategies adopted by the Board of Commissioners on September 3, 2003 pursuant to 2003Z -0089 SFC.  The Policies and Strategies are included in the 2025 Comprehensive Plan document adopted by the Board of Commissioners on November 2, 2005.  At the intersection of Butner Road and Aldredge Road, Cliftondale Policies support retail uses at a maximum of 10,400 square feet per corner.  Staff notes that a large portion of the property proposed for rezoning incorporates the northwest intersection of Butner Road and Aldredge Road.    

 

Therefore the request is inconsistent with the 2025 Comprehensive Land Use Plan Map designation but is consistent with Cliftondale Community Plan Policies and Strategies at the intersection of Butner Road and Aldredge Road for non-residential development.  Given that the area is primarily surrounded by residential developments, Current Planning Staff is of the opinion that a less intense zoning with restricted non-residential uses would provide an appropriate transition to the existing and low density residential developments in the area.   Therefore, Staff supports an O-I (Office-Institutional) zoning with a maximum square footage of 10,400 square feet at a density of 1,542.57 square feet per acre on the subject site. 

 

On November 27, 2006, the applicant submitted a letter to Planning Staff requesting deferral of the petition for 30 days.   While Staff does not support the petition as submitted by the applicant, Staff shall recommend DEFERRAL FOR 30 DAYS at the applicant's request.

 

Staff has included in the attached Recommended Conditions a list of permitted uses should the Board of Commissioners choose to deny the applicant's request for deferral and approve Staff's recommendations for substitute O-I (Office-Institutional) on the subject site. Staff has also included a set of Alternate Conditions reflecting the applicant's request. 

 

BUILDING SETBACKS

 

Pursuant to Article 9.1.C, a minimum 40-foot building setback is required adjacent to streets.  Staff notes that the submitted site plan indicates a 40-foot setback adjacent to Butner Road, Aldredge Road and Newton Drive.

 

LANDSCAPE STRIPS AND BUFFERS

 

Located within the Cliftondale Overlay District, the following landscape strips and buffers are applicable to the subject site:

50-foot wide landscape strip along all public streets (Butner Road, Aldredge Road & Newton Drive)

 

50-foot wide buffer and 10-foot improvement setback adjacent to a residential zoning or use (North & Northwest interior property lines)

 

Staff notes that the submitted site plan indicates compliance to the above standards.

 

PARKING

 

The submitted site plan indicates that the number of required parking spaces will be satisfied through Shared Parking pursuant to Article 18.22 of the Fulton County Zoning Resolution.

 

CONCURRENT VARIANCES

 

The applicant is also requesting a concurrent variance to Article 12L.4.G to allow parking in front of the building.  The applicant states in the Letter-of-Intent that compliance to required buffers and landscape strips creates a hardship for locating required parking spaces.  Staff is of the opinion that the applicant has created a hardship due to the size of the proposed development.  Although Staff does not support the proposed non-residential uses on the subject site, Staff recommends DEFFERAL FOR 30 DAYS of the concurrent variance at the applicant's request.

 

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. Compliance with County erosion control guidelines would mitigate developmental impacts. The site does not contain wetlands, floodplains, streams, steep slopes, historical sites or sensitive plants and animal species.

 

OTHER CONSIDERATIONS

 

If the petition is approved as requested by the applicant, the site must meet all applicable standards within the Cliftondale Overlay District.

 

Per conversation with the applicant's representative, the applicant has agreed to a height limitation of one (1) story.  Therefore, Staff shall include a height limitation of one (1) story in the attached 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 commercial use and density is unsuitable for the subject site given the existing and anticipated low density residential developments in the area.

 

 

B.        Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.

 

FINDING:      Staff is of the opinion that the proposed retail uses at the requested density may have adverse effects on the use or usability of adjacent or nearby low density residential property.

 

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 use for the subject site may have a negative impact on public services and facilities; however, these impacts should be mitigated with the incorporation of Staff's Recommended Conditions.

 

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

 

FINDING:      The proposed commercial development is inconsistent with the land use designation suggested by the 2025 Comprehensive Land Use Plan but is consistent with Cliftondale Comprehensive Plan Policy.  

 

LAND USE PLAN MAP: Residential (1 - 2 Units Per Acre)

 

Proposed use/density: Retail/Office Center - 6,263.13 Square Feet Per Acre.

 

On the west side of Butner Road, the 2025 Comprehensive Land Use Plan Map suggests parks and recreation as well as residential development at a density of 1 to 2 units per acre.  On the east side of Butner Road, the 2025 Comprehensive Land Use Plan Map  residential development at a density of 2 to 3 units per acre.

 

PLAN POLICIES:  The proposed retail uses are inconsistent with the following overall Plan Policies:

 

Provide for the protection, preservation, and maintenance of existing neighborhoods and residential areas, through County programs, regulations, and enforcement mechanisms.

 

Protect residential areas by discouraging encroachment of incompatible zoning and land uses.  Protect residential areas from traffic, visibility, and adverse environmental impacts from nearby non-residential uses through conditions of zoning and development.

 

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:      The existing residential area adjacent to and nearby the subject site indicates that the subject site may be inappropriate for commercial uses.

 

G.        WHETHER THE ZONING PROPOSAL WILL PERMIT A USE WHICH CAN BE CONSIDERED ENVIRONMENTALLY ADVERSE TO THE NATURAL RESOURCES, ENVIRONMENT AND CITIZENS OF FULTON COUNTY.

 

FINDING:      The proposed development is not considered environmentally adverse affecting natural resources, the environment, or the citizens of Fulton County. 

CONCLUSION:

 

Given the existing low density residential development in the area and the proposed development's consistency with Cliftondale Community Plan Policies for non-residential uses at the intersection of Butner Road and Aldredge Road, Staff is of the opinion that a less intense zoning district is more appropriate for the subject site.  However, per the applicant's request, Staff recommends DEFERRAL FOR 30 DAYS. 

 

Note:               The attached conditions are provided as a guide should the Board of Commissioners choose to approve this petition as recommended by Staff. An alternate set of conditions has also been included per the applicant's request.  The applicant's agreement to these conditions would not result in a favorable recommendation from the Staff.

 

 

RECOMMENDED CONDITIONS

 

 

If this petition is approved by the Board of Commissioners, it should be APPROVED SUBSTITUTE O-I (Office-Institutional) 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.         Office and accessory uses, including all exterior food and beverage service areas, at a maximum density of 1,542.57 square feet per acre zoned or a total of 10,400 square feet, whichever is less, restricted to the following uses: single family dwellings; two family dwellings; churches, temples or other places of worship; community center buildings; day care facilities; financial establishments; institutions of higher learning, business colleges, music conservatories and similar institutions, libraries, museums and offices.

 

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 a revised site plan to be received by the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. The applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy.

 

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

 

a.         Reserve for Fulton County along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers may straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Article 4.23 shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation.

 

45 feet from centerline of Butner Road.

 

45 feet from centerline of Aldredge Road.

 

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

 

30 feet from centerline of Butner Road.

 

30 feet from centerline of Aldredge Road.

 

30 feet from centerline of Newton Drive.

 

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 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.

 

 

ALTERNATE RECOMMENDED CONDITIONS

 

If this petition is approved by the Board of Commissioners, it should be APPROVED C-1 (Community Business) 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/or office and accessory uses, including all exterior food and beverage service areas, at a maximum density of  gross 6,263.13 square feet per acre zoned or a total of 42,226 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 one (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 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 the following site development considerations:

 

a.         Allow parking in front of the buildings (2006VC-0150 SFC)

 

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

 

a.         Reserve for Fulton County along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers may straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Article 4.23 shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation.

 

45 feet from centerline of Butner Road.

 

45 feet from centerline of Aldredge Road.

 

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

 

30 feet from centerline of Butner Road.

 

30 feet from centerline of Aldredge Road.

 

30 feet from centerline of Newton Drive.

 

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.

 


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: Butner Road

Classification: Minor Arterial

Level of Service: C

 

Road name: Aldredge Road

Classification: Local Street

Level of Service: C

 

Road name: Newton Drive

Classification: Local Street

Level of Service: C

 

Anticipated Traffic Generation Rates:

Average: 3,878 trips per day

Peak Hour:  93 AM trips; 354 PM trips

 

HEALTH DEPARTMENT:

 

The Fulton County Health Department recommends that the applicant be required to connect the proposed development to public water and public sanitary sewer available to the site.

 

Since this proposed development constitutes a premise where people work, live or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy.

 

This facility must comply with the Fulton County Clean Indoor Air Ordinance.

 

If this proposed development includes a food service facility, the owner must submit kitchen plans for review and approval by this department before issuance of a building permit and beginning construction.  The owner must obtain a food service permit prior to opening.

 

This department is requiring that plans indicating the number and location of outside refuse containers along with typical details of the pad and approach area for the refuse containers be submitted for review and approval.

 

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: 4,692 gallons per day

 

This project is within the 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: Camp Creek

Treatment Plant: Camp Creek

Anticipated sewer demand:  4,223 gallons per day

 

The nearest wastewater pipeline to this project is +/- 900 linear feet located in Land Lot 98, District 14FF.

 

Comments: This information does not guarantee that adequate sewer capacity is available at this time or will be available upon application of permits. Please contact the Department of Public Works for more information.

 

DRAINAGE:

 

Flood Plain: FEMA Map. No. 13121C0332E, Floodplain = 0%

 

BOARD OF EDUCATION:

 

No impact on school enrollment.

 

TAX ASSESSOR:

 

Property Tax ID#: 14F-0098-LL-007-7; 14F-0072-LL-044-7; 14F-0072-LL-045-4

 

Taxes on the subject property are up-to-date.

 

FIRE MARSHAL:

 

Fire Station: #3

 

Impact:

1)         Will increase in traffic.

2)         Will increase in water demands.

 

POLICE DEPARTMENT ZONING IMPACT STATEMENT:

 

Beat: 25

 

Impact Statement on Beat:

Current calls for service: 5,220

Projected calls for service: Unknown

**** Current average response time: 12

 

** Increase in the number of residents: 83

 

* Increase in E-911 calls  for service (police, fire, E.M.S.): 208

 

*** Increase in the number of traffic accidents: 4

 

PROJECTED IMPACT ON DEMAND FOR POLICE SERVICES:

 

It is the policy of the Fulton County Police Department to answer all calls for service regardless of the impact of a particular development. However, two of the most noticeable indicators of the quality of police service will be as follows: As demands for service increase, police response time to calls will increase. Time available for proactive neighborhood/business patrol will decrease and crime prevention efforts will decline.

 

The Police Department does anticipate a significant impact on demand for police services.

 

*           Based on 1998 population of 222,794 and 1998 total calls for service of 584,054 (194,242 for police services).

**          Based on average single family residence population of four, average apartment population of two and 1.96 persons per 1,000 gross square feet of space.

***        Based on 1998 accident calls of 8,009.

****       Based on average response time of 10.7 minutes (North Fulton) and 8 minutes (South Fulton).

*****      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 in the County's Addressing Standard to reduce the likelihood of delay in response time.

 

Hartsfield-Jackson Atlanta International Airport

City of Atlanta, Department of Aviation (DOA)

 

The proposed project is located approximately 6.7 miles west 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?