2006VC-0161 SFC
PROPOSED ZONING C-1 (COMMUNITY BUSINESS)
PROPOSED USE EXPAND EXISTING TRUCK PARKING LOT - 46 SPACES
EXISTING ZONING AG-1 (AGRICULTURAL)
MIX (MIXED USE) 2002Z -0124 SFC
EXISTING USE UNDEVELOPED
LAND
USE MAP
LOCATION
(EAST-SIDE): 220 FEET OF FRONTAGE
700 FEET OF FRONTAGE
PARCEL SIZE 2.84 ACRES
SMALL AREA 706
LL 26, 27, DISTRICT 9F
COMMISSION DISTRICT 7
OWNER
W & W REALTY CO. LLP.
PETITIONER W & W REALTY CO. LLP.
REPRESENTATIVE NATHAN V. HENDRICKS III
APPLICANT'S INTENT To develop a 46-space truck
parking lot which will become part of an existing facility, located inside the
City of
Part 1. - To delete the 25-foot buffer and 10-foot improvement setback along the east and south property lines. (Article 4.23.1.)
Part 2. - To delete the required 5-foot landscape strip along the north and west property lines. (Article4.23.1.)
Department of Environment
and Community Development
Recommendation
APPROVAL CONDITIONAL: 2006VC-0161 SFC,
All PARTS
The southern portion of the site is part of a 25.75 acre tract (tax parcel ID 09F-0700-0026-135-3) of which 2006 taxes are due in the amount of $45,928.13.
____________________________________________________________________________________
Community Zoning Board Recommendation
DENIAL: 2006VC-0161 SFC, PART 1
APPROVAL CONDITIONAL: 2006VC-0161 SFC,
PART 2
SUBJECT SITE AND SURROUNDING AREA:
SUBJECT
SITE: The subject site is a
2.86-acre tract of land located on the southern side of
NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL
** North - Use: Cat Certified Sales/Truck Stop (Existing)
City
of
** Further 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: 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 revised site plan submitted to the Department of Environment and Community Development on November 28, 2006, Staff offers the following considerations:
The Comprehensive Plan Land Use
Map suggests business park for the subject site and the surrounding areas. The applicant is proposing to develop
approximately 46 parking spaces for the subject 2.86-acre tract of land. The applicant has arranged a land exchange
with the owner of a 2.80-acre tract of land located east of the subject site,
and to incorporate the subject site into the existing adjacent truck stop which
is located within the City of
The applicant is required to provide
buffers and landscape strips along the property lines adjacent to the mixed
used zoning and the City of
2006VC-0124 SFC Part 1. - To
delete the 25-foot buffer and 10-foot improvement along the east and south
property lines. (Article 4.23.1.)
2006VC-0124 SFC Part 2. - To
provide a 5-foot landscape strip along the north and west property lines.
(Article 4.23.1.)
The applicant indicated that the subject site is to be incorporated into the existing truck parking lot located north of the proposed development and should not require buffers or landscape strips.
The applicant has submitted a
revised site plan to the Office of Environment and Community Development on
November 28, 2006 indicating a 50-foot off-site easement along the east
property line, which would include a 25-foot landscape strip planted to buffer
standards with a 10-foot improvement setback. The applicant's site plan
indicates an underground storm water retention facility in the southern portion
of the subject site with large planted areas east and west of the
facility. The site plan also indicates a
10-foot landscape strip planted to buffer standards along a portion of the
southern property line adjacent to the City of
Staff has reviewed Part-1 of the applicant's variance and finds the provision of the 50-foot easement for the development of the required buffer and improvement setback along the east property line and the proposed planted areas along the south property line to be in harmony with the intent of the Zoning Resolution. Therefore, Staff recommends APPROVAL of Part 1 of the concurrent variance.
Staff has reviewed Part-2 of the proposed concurrent variance and notes that the proposed development is adjacent to the Howard Johnson Hotel along the west property line and a 5-foot landscape strip needs to be provided. Staff is of the opinion that any hardship experienced by the applicant for the provision of the required west property line landscape strip is self imposed. Given that the proposed development will be incorporated into the existing parking facility along the north property line, Staff is of the opinion that the required north property line landscape strip is not needed and supports the applicant's request. Therefore, Staff recommends APPROVAL CONDITIONAL, of Part-2 of the concurrent variance only along the north property line. Staff will reflect this in the Recommended Conditions.
ENVIRONMENT
The
Environmental Site Analysis Report is sufficient and satisfies the requirement of
the Fulton County Zoning Resolution. A
field survey of the site was conducted by
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 parking expansion, if developed with Staff's Recommended Conditions, is suitable for the subject site given the existing commercial development in the surrounding area.
B.
Whether the zoning proposal will adversely affect the existing use
or usability of adjacent or nearby property.
FINDING: In Staff's opinion, the proposed 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 a significant impact on public services and facilities. However, some impact on the surrounding transportation system is expected but should be mitigated with compliance to the attached Recommended Conditions for project improvements.
E. WHETHER THE ZONING PROPOSAL IS IN
CONFORMITY WITH THE POLICIES AND INTENT OF THE LAND USE PLAN.
FINDING: The proposed use is consistent with the policies and intent of the Comprehensive Plan, provided the Recommended Conditions are incorporated into the development.
LAND USE PLAN MAP:
Proposed Use/Density: Parking
The Comprehensive Plan Land Use Map suggests
PLAN POLICIES:
Direct future non-residential development to highway interchanges and intersections of major roads in a pattern of mixed-use, activity nodes.
Promote interparcel and shared access between adjacent uses or within a development site.
Provide for maximum protection to the public through the orderly control of traffic entering and leaving the road system. Ingress and egress will be limited; shared access will be encouraged.
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, current commercial development trends in
the area, and adopted land use policies support this request.
G. WHETHER
THE ZONING PROPOSAL WILL PERMIT A USE WHICH CAN BE CONSIDERED ENVIRONMENTALLY
ADVERSE TO THE NATURAL RESOURCES, ENVIRONMENT AND CITIZENS OF
FINDING: The
proposed use is not considered environmentally adverse affecting natural
resources, the environment, or the citizens of
CONCLUSION:
Given the existing land uses and zonings in the area, Staff
is of the opinion that the proposed use is appropriate for the subject
site. Therefore, Staff recommends that
this petition be APPROVED CONDITIONAL. Staff also recommends APPROVAL
CONDITIONAL of all parts the concurrent variance.
RECOMMENDED CONDITIONS
1. To the owner's agreement to restrict the use of the subject property as follows:
a. Commercial truck parking lot for 46 spaces to be incorporated into the existing truck parking facility.
2. To the owner's agreement to abide by the following:
a. To the revised site plan received by the Department of Environment and Community Development on November 28, 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. Delete the 5-foot landscape strip adjacent to the north property line in the area of the existing truck parking lot. (2006VC-0161 SFC, Part-2)
b. Delete the 25-foot buffer and 10-foot improvement setback along the east property line and provide a minimum 10-foot landscape strip planted to buffer standards along the south property line as shown on the site plan referenced in Condition 2.a. (2006VC-0161 SFC, Part-1)
4. To the owner's agreement to abide by the following traffic requirements, dedications and improvements:
a. Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to Fulton County such additional right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the rights-of-way are being improved:
55 feet from centerline of
55 feet from centerline of
b. Improve entrance as may be required by Traffic Review Staff and the Fulton County Driveway Manual.
c. Submittal
of a Land Disturbance Permit is required to bring parking lot up to
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:
Arterial
Level of Service: C or better
Road name:
Classification:
Major Collector
Level of Service:
C or better
Anticipated Traffic Generation Rates:
Average: trips per day - N/A
Peak Hour: trips
- N/A
HEALTH DEPARTMENT:
The Fulton County Health
Department does not anticipate any health problems with this proposed
development.
WATER AND WASTEWATER (SEWER):
WATER:
Anticipated water demand: None
This project is within the City of
SEWER:
Basin: White Water
Creek
Treatment Plant:
Camp Creek
Anticipated sewer demand: None
The nearest wastewater pipeline to this project is
+/- N/A linear feet located in Land Lot26, 27, 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:
No comments.
TAX ASSESSOR:
Property Tax ID#: 09F-0700-0026-125-3,
09F-0700-0026-127-9, 09F-0700-0027-351-4
Taxes on the subject property are due
for 2006 in the amount of $45,928.13.
FIRE MARSHAL:
Fire Station: 5
Impact:
The proposed development will have no adverse impact.
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: 46.00
* Increase in E-911 calls for service (police, fire, E.M.S.): 112.00
*** Increase in the number of traffic
accidents: 2.00
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.
* 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 8
minutes
***** Based on average of two (2) cars per
single family residence.
Note: The demand for police service is
determined by socio-economic, legislative and other forces which do not lend
themselves to predictability. Therefore, projections are made from historical
data only. (There has been a 13.96% increase in calls for police service from
1996 to 1997)
EMERGENCY
SERVICES:
If zoning petition is approved there
will be an increase in E911 call volume.
The increase may negatively affect the Department's call answering speed
and service level.
Increased traffic volume without road
improvements may increase response times of emergency response vehicles thereby
reducing effective delivery of emergency services.
CITY
OF
The proposed project is
located approximately 9.1 miles south of the Airport.
Is the proposed project
located under protected airspace for the Airport?
___ Yes X No
Is the proposed project
located within an area of significant (65 or higher DNL) aircraft noise
exposure?
___ Yes X No
If yes, is the proposed
land-use deemed compatible according to CFR Title 14, Part 150?
___ Yes ___ No
For complete information
regarding the location of the property in question relative to aircraft noise
exposure and the aircraft operational environment please refer to the DOA NOMS
Developer's Pack on file at the