2006VC-0152 SFC
PROPOSED ZONING A-L (APARTMENT-LIMITED) -
17.15 UNITS PER
PROPOSED
USE APARTMENTS - 48 UNITS
EXISTING ZONING AG-1 (AGRICULTURAL)
MIX (MIXED USE) - 2002Z -0124 SFC
EXISTING USE UNDEVELOPED
LAND USE MAP
LOCATION
35 FEET OF FRONTAGE
PARCEL SIZE 2.80 ACRES
SMALL AREA 706
LL 26, DISTRICT 9F
COMMISSION DISTRICT 7
OWNER EWBW LLC.
PETITIONER SPJC LAND HOLDINGS, LLC.
REPRESENTATIVE NATHAN V. HENDRICKS III
APPLICANT'S INTENT To develop 48 apartment units on 2.80 acres at a density of 17.15 units per acre. The applicant is also seeking a concurrent variance to delete the required 10-foot landscape strip adjacent to the mixed use zoning.
Department of Environment
and Community Development
Recommendation
APPROVAL: 2006VC-0152 SFC
Community Zoning Board Recommendation
APPROVAL: 2006VC-0152 SFC
SUBJECT SITE AND SURROUNDING AREA:
SUBJECT SITE: The
subject site is an undeveloped 2.80 acre tract of land located on the western
side of
NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL
** North - Use: Under Development
Petition: 2002Z -0124 SFC
Zone: MIX (Mixed Use)
Density: Retail - 1,927.94 gross sq. ft. per acre zoned/ total of 290,000 sq. ft. Townhouse - 1,000 at a density of 6.65 units per acre;
Multi-family - 350 at 2.33 units per acre
Heated Area: Multi-family - 600 sq. ft. for 1-bedroom unit
800 sq. ft. for 2-bedroom units
900 sq. ft. for 3-bedroom units
Townhouse - 1,100 sq. ft.
** Northwest - Use: Hampton Inn (Existing)
City
of
** Further Northwest - Use: Mc Donald's (Existing)
Petition: 2001Z -0076 SFC
Zone: C-2 (Commercial)
Density: 10,000 Sq. Ft.
** Further Northwest - Use: Waffle House (Existing)
Petition: Z71 -161 SFC
Zone: C-2 (Commercial)
Density: None Stated
** West - Use: Cat Certified Sales/Truck Stop (Existing)
City
of
** Further West - Use: Zaxby's Restaurant and Howard Johnson Hotel (Existing)
City
of
** Further West - Use: Liquor Store and Chevron Gas Station (Existing)
City
of
** South - Use: Field Stone Manor Townhouse Development (Existing)
City
of
** East - Use: Orchard Springs Apartment Development (Existing)
Petition: Z74-092 SFC
Zone: A (Medium Density Apartment)
Density: 9.8 Units per acre
RECENT DENIALS IN AREA:
** There have been no RECENT DENIALS in the immediate area.
MISCELLANEOUS USES AND ZONINGS IN THE AREA:
** The City of
SITE PLAN ANALYSIS:
Based on the applicant's site plan submitted to the Department of Environment and Community Development on July 30, 2006, Staff offers the following considerations:
The applicant is proposing to
develop 48 apartment units on a 2.80-acre tract of land at a density of 17.15
units per acre. The proposed development
is a tract of land which is completely surrounded by an area designated for 350
apartment units pursuant to 2002Z -0124 SFC.
The applicant indicated that 48 units of the apartment component are
located adjacent to a truck parking development. The applicant has entered into a land exchange
with the adjacent property owner which will allow for the exchange of this
tract and the portion of the site adjacent to the truck stop parking facility. Given that the proposed development will not
increase the number of approved apartment units or the density of the overall mixed
use zoning, Staff is of the opinion that the proposed A-L (Apartment-Limited) zoning
of the subject site is consistent with Board action in the area. Therefore, Staff recommends APPROVAL CONDITIONAL of the
proposed zoning.
The applicant's site plan does not indicate any building setbacks, however the applicant has agreed to comply with the development standards of the A-L (Apartment Limited) zoning district. The applicant has also agreed to develop the subject site in accordance with the surrounding mixed use development. Therefore, Staff supports the applicant's request.
The surrounding mixed use development requires the developer to provide a minimum heated floor area for the multi-family use of 600 square feet for 1-bedroom units; 800 square feet for 2-bedroom units and 900 square feet for 3-bedroom units. The applicant has agreed to provide the same standards for the proposed 48-unit apartment development.
The applicant is required to provide a 10-foot landscape strip adjacent to the surrounding MIX (Mixed Use) zoning pursuant to 2002Z -0124 SFC. However, the applicant is requesting the following concurrent variance:
2006VC-0152 SFC - To delete
the 10-foot landscape strip adjacent to the Mixed Use zoning (Article 4.23.1.)
Staff notes that the proposed development will be incorporated into the surrounding mixed used zoning. In order to combine the respective developments the deletion of the required landscape strip is necessary. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed concurrent variance.
ENVIRONMENT
The environmental Site Analysis
Report is sufficient and satisfies the requirements of the Fulton County Zoning
Resolution. A field survey of the site
was conducted by
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 H., 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 apartment development, if developed with Staff's Recommended Conditions, is suitable for the subject site given the approved 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 development will not have an adverse effect on the use or
usability of adjacent and nearby properties if developed in accordance with the
Recommended Conditions.
C. WHETHER THE PROPERTY TO BE AFFECTED BY THE ZONING PROPOSAL HAS A REASONABLE ECONOMIC USE AS CURRENTLY ZONED.
FINDING: The subject site may have a reasonable use as currently zoned.
D. WHETHER THE ZONING PROPOSAL WILL RESULT IN A USE WHICH WILL OR COULD CAUSE AN EXCESSIVE BURDENSOME USE OF EXISTING STREETS, TRANSPORTATION FACILITIES, UTILITIES, OR SCHOOLS.
FINDING: Staff does not anticipate the proposed use will have a significant impact on the facilities and utilities serving the area.
E. WHETHER THE ZONING PROPOSAL IS IN CONFORMITY WITH THE POLICIES AND INTENT OF THE LAND USE PLAN.
FINDING: The proposed multi-family development and use is inconsistent with the suggestion of the Land Use Map, however, it is consistent with the Comprehensive Plan Policies.
LAND USE PLAN
MAP:
Proposed Use/Density: Apartments - 48 units at 17.15 units per acre
The Comprehensive
Plan Land Use Map suggests
PLAN POLICIES:
Provide for the transition of land uses from higher to lower densities and between different land uses.
To encourage the development of a diverse mix of housing types, housing sizes, and prices/rents in response to the current and projected needs of County residents.
F. WHETHER
THERE ARE OTHER EXISTING OR CHANGING CONDITIONS AFFECTING THE USE AND
DEVELOPMENT OF THE PROPERTY WHICH GIVE SUPPORTING GROUNDS FOR EITHER APPROVAL
OR DISAPPROVAL OF THE ZONING PROPOSAL.
FINDING: Existing zonings
and current development trends in the area and adopted land use policies
support this request for multi-family development.
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
development/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 multi-family development is
consistent with the policies and intent of the Comprehensive Plan and with
recent zoning approvals in the area.
Therefore, Staff recommends this petition be APPROVED CONDITIONAL
subject to the attached Recommended Conditions.
Staff is of the opinion that the required landscape strip would not be
necessary because of the combining of the respective developments, and therefore
recommends APPROVAL CONDITIONAL of the proposed concurrent variance.
RECOMMENDED CONDITIONS
If this petition is approved by the Board of Commissioners, it should be APPROVED A-L (Apartment Limited) 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. No
more than 48 total dwelling units at a maximum density of 17.15 dwelling units
per acre based on the total acreage zoned, whichever is less. Approved
unit totals are not guaranteed. The developer is responsible through site
engineering (at the time of application for a Land Disturbance Permit) to
demonstrate that all units within the approved development meet or exceed all
the development standards of
b. The
minimum heated floor area per dwelling unit shall be as follows: multi-family units shall be a
minimum of 600 square feet for 1-bedroom units; 800 square feet for 2-bedroom
units; 900 square feet for 3-bedroom units.
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 26, 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.
b. All recreational and common areas which may be held in common shall be accessible via dedicated roadways, easements, sidewalks, trails, etc. and shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of the Department of Environment and Community Development for review and approval prior to the recording of the first final plat.
3. To the owner's agreement to the following site development considerations:
a. To delete the 10-foot landscape strip adjacent to MIX (Mixed Use) zoning. (2006VC-0152 SFC)
4. To the owner's agreement to abide by the following traffic requirements, dedications and improvements:
a. Reserve
for
45 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:
30 feet from centerline of
c. Improve
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.
APPENDIX
COMMENTS ON PUBLIC SERVICES AND UTILITIES
NOTE:
Various
Road name:
Classification:
Level of Service: C or better
Anticipated Traffic Generation Rates:
Average: 150 trips per day
Peak Hour: 4 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.
If this proposed development
includes a public swimming pool as defined in the regulations including spas,
whirlpools, etc., the owner or contractor must submit plans and approval by
this department and must obtain a Health Department permit to construct before
issuance of a building permit. Also, the
owner of the facility must obtain a Health Department permit to operate the
pool 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: 14,400 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: White
Water Creek
Treatment Plant:
Camp Creek
Anticipated sewer demand: 12,960 gallons per day
The nearest wastewater pipeline to this project is
+/- 500 linear feet located in Land Lot 26, District 9F.
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 Map No.
13121C0462E. Approximately 0% flood
plain.
BOARD OF EDUCATION:
# of Proposed Units: 48
|
Schools |
Elementary |
Middle |
|
|
Estimated
Number of Students Generated |
7 to 13 |
4 to 8 |
4 to 8 |
|
State
Capacity A |
750 |
1,075 |
1,850 |
|
Enrollment
B |
967 |
1,526 |
2,290 |
|
Projected
Under/Over State Capacity C |
217 |
451 |
440 |
|
Number
of Portable Classrooms |
8 |
12 |
21 |
|
Can
Facility Meet Increased Demand? |
NO |
NO |
NO |
A Updated Georgia Department of Education state capacity.
B Based on the FCSS 1rst month enrollment count.
C Positive values indicate numbers of students a facility
is projected to be over state capacity/ negative values indicate
number of students a facility is projected to
be under state capacity.
|
Location |
Average to Average + 1 Std. Deviation |
Comments |
|
One single family unit generates: One single family unit generates: One single family unit generates: One multi-family apart. unit generates: One multi-family apart. unit generates: One multi-family apart. unit generates: One Townhome unit generates: One Townhome unit generates: One Townhome unit generates: |
0.2765 to 0.3972 0.1462 to 0.2206 0.1873 to 0.2635 0.1514 to 0.2762 0.0929 to 0.1674 0.0907 to 0.1709 0.1734 to 0.2789 0.0813 to 0.1554 0.065 to 0.0874 |
elementary school students per unit middle school students per unit high school students per unit elementary school students per unit middle school students per unit high school students per unit elementary school students per unit middle school students per unit high school students per unit |
|
Total Revenues |
Local and Other Revenue Sources |
State Revenues |
|
$8,497 |
$5,793 |
$2,705 |
TAX ASSESSOR:
Property Tax ID#: 09F-0700-0026-069-3,
09F-0700-0026-075-0
Taxes on the subject property are up to
date.
FIRE MARSHAL:
Fire Station: 21
Impact:
The proposed development will increase water demands and
POLICE DEPARTMENT ZONING IMPACT
STATEMENT:
Beat:
39
Impact Statement on Beat:
Current calls for service: 5,454
Projected calls for service: Unknown
**** Current average response time: 13
minutes
** Increase in the number of residents: 96.00
* Increase in E-911 calls for service (police, fire, E.M.S.): 241.00
*** Increase in the number of traffic
accidents: 5.00
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.