PETITION No. 2006Z -0107 SFC


 

PROPOSED ZONING                     CUP (COMMUNITY UNIT PLAN) - 2 UNITS PER ACRE

 

PROPOSED USE                               SINGLE FAMILY SUBDIVISION - 277 LOTS

 

EXISTING ZONING                           AG-1 (AGRICULTURAL)

 

EXISTING USE                                    UNDEVELOPED

 

LAND USE MAP                                  RESIDENTIAL 1 TO 2 UNITS PER ACRE

 

LOCATION                                              ONO ROAD (WEST SIDE):

                                                                        1,192.45 FEET OF FRONTAGE

 

CASCADE - PALMETTO HIGHWAY (SR 154 - EAST SIDE):  2,550.83 FEET OF FRONTAGE

 

                                                                        PARCEL SIZE 138.64 ACRES

 

                                                                        SMALL AREA 526

 

                                                                        LL 72 and 89, DISTRICT 7

 

                                                                        COMMISSION DISTRICT 7

                                                                       

OWNER                                                    MAYFIELD LONG TERM LLC

                                                                        CASCADE LONG TERM LLC

 

PETITIONER                                         PRESERVE ON BEAR CREEK INC.

 

REPRESENTATIVE                          MICHAEL HIGHTOWER

 


 

APPLICANT'S INTENT        To develop a 277-lot single family subdivision on 138.64 acres at an overall density of 2 units per acre. 

                                                           



 

Department of Environment and Community Development

Recommendation

 

APPROVAL CONDITIONAL: 2006Z -0107 SFC

 


 

Community Zoning Board Recommendation

November 21, 2006

 

APPROVAL CONDITIONAL: 2006Z -0107 SFC

 

SUBJECT SITE AND SURROUNDING AREA:

 

SUBJECT SITE:  Currently zoned AG-1 (Agricultural), the 138.64-acre subject site is proposed to be developed as a 277-lot single family residential subdivision.  Bear Creek bisects the property resulting in two separate subdivisions with 27 lots proposed in the northeast corner of the site and the remaining 250 lots southwest of the creek.  The owners have recently deeded approximately 1.93 acres to Fulton County, located on the Ono Road frontage, for the purpose of constructing a sanitary sewer lift station. 

 

NEARBY AND ADJACENT PROPERTIES/ZONINGS: RESIDENTIAL

 

**         West - U89-08 SFC - Use Permit for a relocated residential structure.

           

**         North, South, East and West - Use:  Scattered Single Family Residences,

            Zone:  AG-1 (Agricultural)

 

**         North - Pending Zoning Petition 2006Z -0043 SFC

Zone:  CUP (Community Unit Plan)

            Density:  2.22 units per acre, 399 total units

            Minimum Lot Size:  15,000 square feet

            Minimum Heated Floor Area: 1,400 square feet

 

**         Further North & East - Use: Undeveloped Single Family Subdivision

            Petition: 2006Z -0018 SFC

            Zone: CUP (Community Unit Plan)

            Density: 1.805 units per acre, 302 total units

            Minimum Lot Size: 6,000 square feet

Buffers: 100-foot buffer around perimeter of property except for lots adjacent to the cemetery which require a fence in lieu of buffer

            Minimum Heated Floor Area: 2,000 square feet with a 2-car garage

 

**         Further North - Use: Undeveloped Single Family Subdivision

            Petition: 2006Z -0008 SFC

            Zone: CUP (Community Unit Plan)

            Density: 1.86 units per acre, 156 total units

Minimum Lot Size: 6,000 square feet with 100-foot buffer around perimeter of property except for 16 lots which shall be a minimum of 12,000 square feet

Minimum Heated Floor Area: 2,000 square feet with a 2-car garage

Buffers: 50 feet along the east and north property lines, 60 feet along Short Road and 100 feet along south property line

 

**         Further North - Use: Cedar Grove Landing (Under Development)

            Petition: 2004Z -0149 SFC

            Zone: CUP (Community Unit Plan)

            Density: 2 units per acre, 154 total units

            Minimum Lot Size: 6,000 square feet

            Minimum Heated Floor Area: 1,400 square feet with a 2-car garage

 

**         Further Northeast - Use: Rivertown Mill Subdivision Phase 1 (Existing, Remainder is Under Development)

            Petition:  2002Z -0005 SFC

            Zone:  R-4 (Residential)

            Density:  2 units per acre

            Minimum Lot Size:  15,000 square feet

            Minimum Heated Floor Area: 1,400 square feet

 

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

            Petition:  2004Z -0015 SFC

            Zone:  CUP (Community Unit Plan)

            Density:  1.75 units per acre, 146 total units

            Minimum Lot Size:  6,000 square feet

            Minimum Heated Floor Area: 1,400 square feet

Green belt: 100 feet wide along Cedar Grove Road and 50 feet wide on all other property lines

 

**         South - Use: Wilkerson Mill Estates Subdivision (Existing)

            Zone: AG-1 (Agricultural)

            Minimum Lot Size: 1 acre

 

NEARBY AND ADJACENT PROPERTIES/ZONINGS:   NON-RESIDENTIAL

 

**         Further North - Use: The Lakes at Cedar Grove (Under Development)

            Petition:  2001Z -0032 SFC

            Zone:  MIX (Mixed Use)

Density: Office - 116,000 total square feet (214.34 square feet per acre); Retail - 160,000 total square feet (295.64 square feet per acre); 1,515 total dwelling units excluding apartments - 2.80 units per acre

            790 townhouses or single family residences - 1.46 units per acre

            860 Apartments - 1.59 units per acre

            Minimum Lot Size:  Pod A - 3,000 square feet; Other Lots - 5,000 square feet

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

 

MISCELLANEOUS USES AND ZONINGS IN THE AREA:

 

**         Southeast - Use: Lakeside Memorial Gardens cemetery

Zone: AG-1 (Agricultural)

Petition: 2000U -0056 SFC

 

**         Further Southeast - Use: Creekside High School and Bear Creek Middle School

            Zone: AG-1 (Agricultural)

 

RECENT DENIALS:

 

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

 

SITE PLAN ANALYSIS:

 

Based on the applicant's site plan submitted to the Department of Environment and Community Development on October 31, 2006, staff offers the following considerations:

 

LAND USE AND DENSITY

 

The applicant is requesting to rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop a 277-lot single family subdivision on 138.64 acres for a density of 2 units per acre.  The Comprehensive Land Use Plan Map suggests a density of 1 to 2 units per acre.  North of Rivertown Road, residential subdivisions (Rivertown Mill and Cedar Grove Landing) have been approved at a density of 2 units per acre, pursuant to 2002Z -0005 SFC and 2004Z -0149 SFC, respectively.  Therefore, Staff recommends APPROVAL CONDITIONAL at a density of 2 units per acre for a total of 277 lots as specified in the attached Recommended Conditions.    

 

MINIMUM LOT SIZE

 

The applicant is requesting a minimum lot size of 7,000 square feet for Block “A” consistent with the surrounding area's existing CUP subdivisions and approved CUP zonings.  The minimum lot size for Block “B” is proposed to be 16,000 square.  Provided a perimeter buffer is required for the development (discussed in LANDSCAPE STRIPS AND BUFFERS below), and given previous Board actions for CUP subdivisions in the area, Staff recommends the applicant's lot size request and has included these minimums in the attached Recommended Conditions. 

 

MINIMUM HEATED FLOOR AREA

 

The applicant is requesting minimum heated floor areas of 2,200 square feet for Lots 1 through 108 in Block A and 2,000 square feet for Lots 109 through 254 in Block A.  The remaining 27 lots, Block B, are proposed to have minimum 2,400 square foot units.  Staff considers these unit sizes to be consistent with approvals in the area and has included them in the Recommended Conditions. 

 

DEVELOPMENT STANDARDS

 

The applicant is requesting the following development standards:   

 

Minimum Front Yard:  20 feet staggered by 5 feet

Minimum Minor Front Yard: 15 feet

Minimum Rear Yard:  20 feet

Minimum Side Yard:  5 feet

Minimum Side Yard (adjacent to street):  20 feet

Minimum Building Separation:  10 feet

Minimum Lot Width:  60 feet

Minimum Lot Frontage:  35 feet

 

Staff notes that the proposed setbacks are compatible with other CUP (Community Unit Plan) developments approved in the area.  However, to mitigate the impact of the smaller 7000 square foot lots to be developed adjacent to AG-1 (Agricultural) zoned property, Staff recommends a perimeter buffer as discussed under LANDSCAPE STRIPS AND BUFFERS.  Staff has included the requested development standards in the Recommended Conditions.

 

LANDSCAPE STRIPS AND BUFFERS

 

The site plan indicates proposed 100-foot buffers along Ono Road and Cascade-Palmetto Highway, the required 75-foot buffers and 25-foot impervious surface setback along the wetlands area as required by the South Fulton Tributary Protection Act along Bear Creek and 50-foot buffers along all other property lines, except adjacent to the proposed sanitary sewer lift station, where no buffer is proposed.  Staff notes that in previously approved CUP (Community Unit Plan) zonings in this area, petition 2006Z -0018 SFC was approved with a 100-foot perimeter buffer except adjacent to the cemetery where a fence was required.  Further north of the subject site, petition 2006Z -0008 SFC on Short Road was approved for 6,000 square foot lots, except 12,000 square foot lots were required along Short Road.  A 60-foot buffer was required along Short Road with a 50-foot buffer next to R-4 (Residential) zoned property and 100-foot buffer adjacent to AG-1 (Agricultural) zoned property. 

 

Staff supports a 100-foot buffer along Cascade-Palmetto Highway and Ono Road, and as agreed upon by the Bear Creek Homeowners Association in their agreement dated November 21, 2006, a 50-foot buffer is sufficient along internal property lines, except for those lots adjacent to the sanitary sewer lift station where no buffer will be required.  These recommended buffers shall not be a part of any individual lot and will be common area.  Staff has included these buffers in the Recommended Conditions.

 

PARKING

 

In accordance with Article 18 of the Zoning Resolution, 2 parking spaces are required per dwelling unit.  The applicant will be required to show compliance at the time of application for a Land Disturbance Permit and for a Building Permit.

 

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. A stream is located in the central portion of the site with adjacent wetlands. The 100-year and 500-year floodplain is located on the site in conjunction with the streams. Slopes that exceed 33 percent over

10-foot rise in elevation exist within the stream buffers area and in the central portion of the site where development is proposed. Compliance with the County stream buffer requirements, wetlands protection, floodplain regulations, steep slopes protection standards and erosion control guidelines would mitigate developmental impacts to adjacent properties. The site does not contain historical sites or sensitive plants and animal species.

 

OTHER CONSIDERATIONS

 

Staff notes that previous approvals for CUP zonings in the area have included a condition which reflects the Board of Commissioners' policy for staggered front building setback lines for single family residences.  Staff has included this requirement in the attached Recommended Conditions.

 

The applicant's site plan depicts an amenity area in the northwest area of the subject site, but does not indicate the amount of acreage within that area.  Staff notes that a minimum of 3.55 acres is required as common outdoor area provided for recreation in accordance with CUP Development Standards.  A portion of this acreage needs to be located within Block “B” of the development site as referenced in the revised site plan.  Staff has included that requirement in the attached Recommended Conditions.

 

The Traffic Engineer recommends that the applicant be required to provide inter-parcel access to adjacent property in two areas (Street “H” and Block “B”) in order to connect future single family residential developments with the subject property for improved emergency vehicular access.  This requirement has also been included in the Recommended Conditions.

 

The applicant's site plan does not indicate the sidewalks required per Article 34.5.3 of the Zoning Resolution. The applicant will need to show compliance with all sidewalk requirements at the time of application for a Land Disturbance Permit.

 

As included in the Recommended Conditions, the applicant is required to provide a mandatory homeowners association to maintain all common areas as well as all detention facilities. 

 

As noted in the Private Agreement, Staff is also recommending in the attached conditions that each residence provide a 2-car garage and be constructed with certain materials. 

 

 

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 single family residential subdivision, if developed with Staff's Recommended Conditions, is suitable for the subject site given the existing and anticipated single family residential developments in the surrounding area.

 

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

 

FINDING:      It is Staff's opinion that the proposed use will not adversely affect adjacent and nearby uses if developed in accordance with the attached Recommended Conditions.

 

C.        WHETHER THE PROPERTY TO BE AFFECTED BY THE ZONING PROPOSAL HAS A REASONABLE ECONOMIC USE AS CURRENTLY ZONED.

 

FINDING:      The subject site may have a reasonable use as currently zoned.

 

D.        WHETHER THE ZONING PROPOSAL WILL RESULT IN A USE WHICH WILL OR COULD CAUSE AN EXCESSIVE BURDENSOME USE OF EXISTING STREETS, TRANSPORTATION FACILITIES, UTILITIES, OR SCHOOLS.

 

FINDING:      In Staff's opinion, the proposed use will not adversely impact the existing public services and facilities nor the transportation system.  However, some overcrowding of area schools may occur.

 

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

 

FINDING:      The proposed development is consistent with the use and density range suggested on the Comprehensive Plan Land Use Map, as well as Plan policies.

 

LAND USE PLAN MAP:   Residential 1 to 2 units per acre

 

Proposed use/density: Single Family Subdivision/ 2 Units per Acre

 

The Comprehensive Land Use Plan Map suggests Residential 1 to 2 units per acre for the surrounding area east of Cascade-Palmetto Highway.  West of the highway, the Plan suggests primarily Agricultural, Forestry and Estate Residential except for the Wilkerson Mill Road/Cochran Mill Road intersection, which is designated as a Regional Live-Work node.  Further north the Map suggests residential use at 1 to 3 units per acre with living-working along the South Fulton Parkway. 

 

PLAN POLICIES:

 

Encourage planned residential developments with homes and recreation areas oriented to internal streets, not facing or directly accessing external roads.

 

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 single family residential development trends in the area and adopted land use policies support this request for single family residential development.

 

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

 

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

 

CONCLUSION:

 

Provided Staff's Recommended Conditions are incorporated into the development of the site, the proposed single family residential use is consistent with the policies and intent of the Comprehensive Plan and with other residential developments in the area.  Therefore, Staff recommends this petition be APPROVED CONDITIONAL subject to the attached Recommended Conditions.

 

COMMUNITY ZONING BOARD RECOMMENDATION

 

On November 21, 2006, the Community Zoning Board recommended the petition be APPROVED CONDITONAL per the Applicant's request.  There was no opposition present.  The Bear Creek Homeowners Association presented a signed private agreement with the applicant, and Staff has incorporated a number of the requests into the attached Recommended Conditions.

 


RECOMMENDED CONDITIONS

 

If this petition is approved by the Board of Commissioners, it should be approved CUP (Community Unit Plan) CONDITIONAL subject 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.         Single family detached dwellings and accessory uses and structures.

 

b.         No more than 277 total dwelling units at a maximum density of 2.0 dwelling units per acre, whichever is less, based on the total acreage zoned. Approved lot/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 lots/units within the approved development meet or exceed all the development standards of Fulton County. The total lot/unit yield of the subject site shall be determined by this final engineering.

 

            c.         The minimum lot size shall be 7,000 square feet for Block “A” and 16,000 square feet for Block “B” as shown on the Site Plan referenced in condition 2.a.

 

            d.         The minimum heated floor area per dwelling unit shall be 2,000 square feet for Lots 109 through 250 and 2,200 square feet for Lots 1 through 108 in Block “A” and 2,400 square feet for lots in Block “B” as shown on the Site Plan referenced in condition 2.a. 

 

            e.         All units in Block “B” shall be 4-sided brick, stucco, masonry or stone.  All units in Block “A” shall provide at a minimum stucco, masonry or stone on the front facade.  No vinyl, Masonite or aluminum siding shall be used other than architectural accents on all the units.   

 

            f.          All units shall provide a 2-car garage

 

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 October 31, 2006.  Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit.  The applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy.

 

b.                  All areas which are not part of an individual lot and held in common shall be accessible 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.         The minimum design standards are: 

 

Minimum Front Yard Setback:  20 feet

Minimum Rear Yard Setback:  20 feet

Minimum Side Yard Setback (interior):  5 feet

Minimum Side Yard (adjacent to street):  20 feet

Minimum Building Separation:  10 feet

Minimum Lot Width:  60 feet

Minimum Lot Frontage:  35 feet

 

b.         Provide a staggered setback of all dwelling facades. Staggered setbacks shall be determined by the placement of the dwellings on either side of the dwelling in question. Said setback shall provide a minimum 5-foot variation for single family detached dwellings and a 2-foot variation for attached dwellings as measured from the back of curb.

 

c.         Provide a natural buffer, undisturbed except for approved access and utility crossings, improvements, and replantings where sparsely vegetated and subject to the approval of the Fulton County Arborist, adjacent to the following property lines and in the widths shown:

 

100 feet wide adjacent to Cascade-Palmetto Highway and Ono Road, or as may be approved by the Director of the Department of Environment and Community Development;

 

            50 feet wide adjacent to all other internal property lines, except those lots adjacent to the proposed sanitary sewer lift station which shall not be required to provide a buffer, or as may be approved by the Director of the Department of Environment and Community Development.

 

d.         All buffers referenced in condition 3.c. shall be common area and shall not be a part of an individual residential lot.

 

e.         Provide an Amenity Area for Block “B” as shown on the Site Plan referenced in condition 2.a., and/or provide pedestrian connection to the Amenity Area located in Block “A”.

 

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.

 

55        feet from centerline of Cascade-Palmetto Highway (SR 154) or as may be required by the Georgia Department of Transportation;

 

45        feet from centerline of Ono 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 Cascade-Palmetto Highway (SR 154), or as may be required by the Georgia Department of Transportation;

 

30        feet from centerline of Ono Road.

 

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

 

d.         Provide inter-parcel access from Street “H”, as shown on the Site Plan referenced in condition 2.a., to the south or east project property line or as may be required by the Fulton County Traffic Review Staff.

 

e.         Provide inter-parcel access from Block “B”, as shown on the Site Plan referenced in condition 2.a., to the north property line or as may be required by the Fulton County Traffic Review Staff.

 

5.         To the owner's agreement to abide by the following:

 

a.         Prior to submitting the application for a LDP with the Department of Environment and Community Development, Development Review Division, arrange to meet with the Fulton County Traffic Engineer.  A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit.

 

b.         Prior to submitting the application for an LDP, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the Fulton County Arborist.  A signed copy of the results of these meetings will be required to be submitted along with the application for an LDP.

 

 c.        Prior to submitting the application for an LDP, the developer/engineer shall contact the Public Works Department, Water Services Division, and arrange to meet on-site with an engineer from the Surface Water Management Program (SWMP), who is responsible for review of Storm Water Concept Plan submittals.

 

d.         Prior to submitting the application for an LDP, the developer and/or engineer shall submit to the SWMP, through the Development Review Division, a project Storm Water Concept Plan.  This concept plan shall indicate the preliminary location of the storm water management facilities intended to manage the quality and quantity of storm water.  The concept plan shall specifically address the existing downstream off-site drainage conveyance system(s) that the proposed development surface runoff will impact, and the discharge path(s) from the outlet of the storm water management facilities to the off-site drainage system(s) and/or appropriate receiving waters.  As part of the Storm Water Concept Plan submittal, a preliminary capacity analysis shall be performed by the engineer on the off-site drainage system(s) points of constraint.  The capacity analysis shall determine the capacity of all existing constraint points, such as pipes, culverts, etc. from the point of storm water discharge at the proposed development site boundary downstream to the confluence of the receiving drainage course at a point where the drainage area is at least ten times the proposed development site area and the next downstream drainage area having a drainage area of fifty acres or more.  The critical capacity points shall be selected based upon the engineer's field observation, professional judgment, and limited field survey data.  The analysis shall identify the downstream properties pre and post-development 100-year water surface elevations, and for any post-development water surface elevation increase exceeding 0.05 feet, the developer shall acquire the applicable offsite drainage easement to accommodate the 100-year storm flow through impacted properties.  Where Fulton County has completed a model of the basin, it shall be used by the developer in the analyses.

 

e.         Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, such that the discharge from the storm water management facility outlet crosses a property line, such discharge shall mimic pre-development sheet flow conditions.  A description of the method proposed to achieve post-development sheet flow conditions shall be provided as part of the Storm Water Concept Plan.  Should the method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a point down gradient at a live dry weather stream sufficient to contain the 25 year storm flow or other location as approved by the Director of Public Works.  This condition will not apply when the storm water management facility is designed and approved to discharge directly to a stream or watercourse.

 

f.          A draft of the Inspection and Maintenance Agreement required by Fulton County Code Section 26-278 shall be submitted to the Department of Public Works with the Storm Water Concept Plan.

 

g.         The Inspection and Maintenance Agreement shall provide that all storm water management/detention facility outlet control structures shall be inspected, photographed, and cleaned, if necessary, on a monthly basis, by the owner.  The Inspection and Maintenance Agreement shall require that the design engineer shall prepare an operation and maintenance guidance document, for use by the owner and/or any professionals retained by the owner, to plainly describe the basic operational function of the facility(ies), including a description of a permanent marker post(s) which shall indicate that the level of sediment which, if exceeded, requires sediment removal.  The Inspection and Maintenance Agreement shall require an annual operation and maintenance report for all storm water management/detention facilities be prepared by a licensed design professional and submitted to the SWMP.  The annual report shall include monthly inspections, photographs, and documentation of the cleaning of storm water management/detention facilities outlet control structure(s) as well as an operational assessment of the facilities indicating that they do, or do not, function as described in the design guidance document (described above), and if they do not, a description of the specific actions to be taken to allow the facilities to function as intended.

 

h.         The required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit, or Building Permit associated with the development.

 

i.          The engineer/developer is required to submit, along with the application for an LDP, signed documentation verifying approval of the Storm Water Concept Plan.

 

j.          Where paved parking areas (including access aisles) are proposed to exceed 5,000 square feet, the storm water management facilities shall be designed to reduce pollutants such as oil, grease and other automobile fluids that may leak from vehicles.  A general description, or concept, of the storm water management facilities proposed to achieve the removal of such pollutants shall be submitted with the Storm Water Concept Plan.  A detailed design of such facilities shall be included in applicable documents for a land disturbance permit.

 

k.         With the application for an LDP, provide  documentation (such as channel cross-sections, centerline profile, etc.) describing the geometry of those  existing natural streams, creeks, or draws within the proposed development boundary which in the design engineer's judgment are at risk of erosion due to increased flow, provide a description of the basis utilized in judging areas to be at risk, and provide details on the Storm Water Management Plan of the post-development channel bank protection measures.

 

l.          The developer/engineer shall demonstrate to the County by engineering analysis submitted with the LDP application, that the  discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions for the 1-year frequency storm event, up to and including the ten (10)-year frequency storm event.

 

m.        Drainage from all disturbed areas shall be collected and conveyed to a storm water management facility provided as part of the development.  The Storm Water Concept Plan shall identify any proposed areas with incidental and minor release of storm water not conveyed to such facilities, subject to the approval of the Director of Public Works.  Plans for any land disturbance permit shall show all proposed drainage patterns for the proposed development after its completion.  Any incidental release of unmanaged or untreated storm flows from any disturbed portion of the developed property shall be allowed only with the approval of the Director of Public Works.  Other than minimal incidental flows shall be specifically approved by the Director of Public Works.  Bypass flows will not be permitted except from undisturbed areas within a buffer or other protected easement.  Final plans shall provide for collection, conveyance and treatment of all approved incidental flows from developed lots or parcels, individual residences or building structures.

 

n.         Storm water management facility(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection, in accordance with the Georgia State Storm water Manual, except that the duration of release for water quality treatment shall be 48 hours.

 

o.         Approval of this Zoning Case and/or associated Concept Plan that depicts proposed conditions that are inconsistent with county design requirements and standards does not constitute a waiver of such requirements, unless specifically stipulated during the zoning case hearing by the Board of Commissioners.

 

p.         The developer/engineer is responsible to submit with the application for Land Disturbance Permit (LDP) a floodplain hydrology and hydraulic study. This floodplain study shall establish the on-site pre-development 100-year storm frequency Base Flood Elevation (BFE) of the pre–development floodplain. The LDP Storm Water Management Plan shall graphically depict the pre- development floodplain horizontal boundaries and show the BFE.

 

q.         The developer/builder at the Building Permit application shall demonstrate to the County that each lot and/or building site with established 100-year pre- development floodplain BFE, complies with the County's floodplain lowest floor elevation requirement, prior to the inspection and approval of the structure's foundation under construction. The FEMA Elevation Certificate shall be utilized to demonstrate that the top of the structure lowest floor complies with county requirements.

 

r.          The developer/builder, at the Building Permit application shall provide to the County a lot site grading plan that shows the BFE and graphically depicts the pre-development 100-year floodplain horizontal boundary, and proposed structure foundation location, including lot's buildable area required by the County code.

 


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: Ono Road

Classification:  Local

Level of Service:  C or better

 

Road name: Cascade-Palmetto Highway (SR 154)

Classification:  Major Collector

Level of Service:  C or better

 

Anticipated Traffic Generation Rates:

Average: 2,690 trips per day

Peak Hour: 272 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.

 

WATER AND WASTEWATER (SEWER):

 

WATER:

 

Anticipated water demand: 84,300 gallons per day

 

This project is within the City of Atlanta jurisdiction. 

 

Comments: This information does not guarantee that adequate water volume and pressure are available at this time or will be adequate upon application of permits. Please contact the Department of Public Works for more information.  Water pressure and volume is already extremely low is this area.

 

SEWER:

 

Basin: Little Bear Creek

Treatment Plant: None

Anticipated sewer demand: 75,870 gallons per day

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

 

DRAINAGE:

 

Flood Plain: F.I.R.M. Panel No. 13121C0441E.  Approx. 18 percent floodplain.

 

BOARD OF EDUCATION:

 

# of Proposed Units:  277

 

 

Schools

 

 

Palmetto Elementary

 

Bear Creek Middle

 

Creekside High School

 

Estimated Number of Students Generated

 

78 to 112

 

41 to 62

 

53 to 74

 

State Capacity A     

 

625

 

1,075

 

1,850

 

Enrollment B    

 

576

 

1,526

 

       2,290

 

Under/Over State Capacity C

 

-49 

 

451