SINGLE FAMILY RESIDENCE PARCEL SIZE ACRES SMALL AREA 215 LL 263, 264, 279, & 280 DISTRICT 1/1 COMMISSION DISTRICT 3 VITYA CHAKRABANDHU

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1 PETITION No. 2006Z NFC PROPOSED ZONING PROPOSED USE EXISTING ZONING EXISTING USE LAND USE MAP LOCATION R-5 (RESIDENTIAL) UNITS PER ACRE SINGLE FAMILY SUBDIVISION - 28 LOTS AG-1 (AGRICULTURAL) R-3 (RESIDENTIAL) - Z NFC R-4A (RESIDENTIAL) - Z NFC SINGLE FAMILY RESIDENCE RESIDENTIAL - 1 TO 2 UNITS PER ACRE RESIDENTIAL - 2 TO 3 UNITS PER ACRE HAMPSTEAD WAY (SOUTH SIDE): FEET OF FRONTAGE PARSONS ROAD (WEST SIDE): FEET OF FRONTAGE PARCEL SIZE ACRES SMALL AREA 215 LL 263, 264, 279, & 280 DISTRICT 1/1 COMMISSION DISTRICT 3 OWNER PETITIONER REPRESENTATIVE VITYA CHAKRABANDHU VITYA CHAKRABANDHU DON ROLADER MME (P:\PlanAnalysis\Planners\Cases\06Z-095N. 10) 10-1 Petition: 2OO6Z NFC

2 APPLICANT'S INTENT To develop a 28-lot single family subdivision on acres for an overall density of 1.57 units per acre. The applicant is requesting a 2-part concurrent variance as follows: Part 1. To reduce the 50-foot setback for new streets for the entrance drive as shown on the site plan (Article ) Part 2. To reduce the required landscape strip planted to buffer standards around detention ponds from 20 feet to 10 feet. (Article ) Department of Environment and Community Development Recommendation APPROVAL CONDITIONAL: 2006Z NFC APPROVAL CONDITIONAL: 2006VC-0041 NFC (Part 1) DENIAL: 2006VC-0041 NFC (Part 2) Community Zoning Board Recommendation October 17, 2006 DENIAL: 2006Z NFC DENIAL: 2006VC-0041 NFC (All Parts) MME (P:\PlanAnalysis\Planners\Cases\06Z-095N. 10) 10-2

3 SUBJECT SITE AND SURROUNDING AREA: SUBJECT SITE: The majority of the subject acre site is zoned AG-1 (Agricultural). R-3 (Residential) zoning, pursuant to Z NFC, is approved along Hampstead Way and the southern portion of the site is approved for R-4A (Residential), pursuant to Z NFC. A single family residence is currently developed on the subject site. Johns Creek is located along the northwest and west property lines. NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL ** Further Northeast - Use: Church of St. Benedict (Existing) Petition: 2003U NFC (Church), 2003U NFC (Day care) Zone: R-3 (Residential) Density: 4,861 square feet per acre, 119,000 total square feet (1,200 fixed seats, limit of 125 day care students) NEARBY AND ADJACENT PROPERTIES/ZONINGS: RESIDENTIAL ** North - Use: Parsons Run Subdivision (Existing) Petition: Z NFC Zone: R-3 (Residential) Density: None Stated Minimum Heated Floor Area: 1,600 square feet ** Further North - Use: Parsons Station (Existing) Petition: Z NFC Zone: R-3 (Residential) Density: None Stated * * Northeast - Use: Creekside Crossing Subdivision (Existing) Petition: Z NFC Zone: R-2 (Residential) Density: None Stated Minimum Lot Size: 1 acre ** South - Use: Randolph Hall Subdivision (Existing) Petition: 97Z-143 NFC Zone: R-4A (Residential) Density: 1.8 units per acre, 63 total units Minimum Lot Size: 1 2,000 square feet Minimum Heated Floor Area: 2,200 square feet for 1-story and 2,400 square feet for 2-stories MME (P:\PlanAnalysis\Planners\Cases\06Z-095N. 10) 10-3 R/P Z NFC& Z9O-O76 NFC

4 ** Further South - Use: Stone Haven Subdivision (Existing) Petition: Z NFC Zone: R-3 (Residential) Density: None Stated Minimum Lot Size abutting Parsons Road: 1 acre Minimum Heated Floor Area: 2,000 square feet ** South - Use: Chessington Chase Subdivision (Existing) Petition: Z NFC Zone: R-3 (Residential) Density: None Stated Minimum Heated Floor Area: 2,000 square feet Further South - Use: Single Family Residence (Approved for a 28-lot subdivision) Zone: CUP (Community Unit Plan) Petition: 2005Z NFC Density: 2.03 units per acre, 28 lots Minimum Lot Size: 18,000 square feet along the north and east property lines; 1 5,000 square feet along Morton Road; and 12,000 square feet for remaining lots. Minimum Heated Floor Area: 2,500 Square Feet ** Further South - Use: Morton Reserve Subdivision (Existing) Petition: 98Z-031 NFC Zone: CUP (Community Unit Plan) Density: 1.9 units per acre Minimum Lot Size: 15,000 square feet abutting Morton Road, 12,000 square feet for remainder Minimum Heated Floor Area: 1,500 square feet ** North - Use: Single Family Subdivision (Under Development) Zone: CUP (Community Unit Plan) Petition: 2004Z NFC Density: 2.93 units per acre Minimum Lot Size: 7,500 Square Feet adjacent to western property line; 9,000 Square Feet all other lots Minimum Heated Floor Area: 2,700 Square Feet ** West - Use: Creekside Subdivision (Existing) Petition: Z NFC Zone: R-4A (Residential) Density: None Stated Minimum Lot Size: 12,000 square feet Minimum Heated Floor Area: 2,200 square feet along Morton Road MME (P:\PlanAnalysis\Planners\Cases\06Z-095N.10) 10-4

5 * * Further West - Use: Lake Hill (Existing) Petition: 97Z-121 NFC Zone: CUP (Community Unit Plan) Density: 2.30 units per acre Minimum Lot Size: 9,000 square feet Minimum Heated Floor Area: 2,300 square feet Further Northwest - Use: Waterford Subdivision (Existing) Petition: Z NFC Zone: R-4 (Residential) Density: None Stated Minimum Lot Size: 9,000 square feet Minimum Heated Floor Area: 1,200 square feet MISCELLANEOUS USES AND ZONINGS IN THE AREA: Further Northeast - Cell Tower located on the Church of St. Benedict property Petition: 97U-049 NFC * * 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 August 28, 2006, Staff offers the following considerations: LAND USE AND DENSITY The applicant is requesting to rezone from AG-1 (Agricultural), R-3 (Residential), and R-4A (Residential) to R-5 (Residential) to develop a 28-lot single family subdivision on acres for an overall density of 1.57 units per acre. The Comprehensive Land Use Plan Map suggests residential use at 1 to 2 units per acre for the northern half of the site and a density of 2 to 3 units per acre for the southern half. (A Land Use Map is provided in the map section of this document.) Approved zonings in the area have not specified a density, except Randolph Hall south of the site which was approved at a density of 1.8 units per acre. Given the density request is consistent with the suggestion of the Plan Map and with approved zonings in the area, Staff recommends APPROVAL CONDITIONAL subject to the attached Recommended Conditions. MINIMUM LOT SIZE The applicant is requesting a minimum lot size of 7,500 square feet. Staff notes that Parsons Run to the north was approved for 18,000 square foot lots and Randolph Hall and Creekside to the west and east were approved for 12,000 square foot lots. Staff notes the unique configuration of the subject site and the location of Johns Creek running MME (P:\PlanAnalysis\Planners\Cases\06Z-095N.10) 10-5

6 along the northwest and west property lines. Staff notes that the only lots proposed adjacent to a perimeter property line are lots along the south property line. Given the unique shape of the subject site and the location of Johns Creek, Staff recommends the applicant's request for 7,500 square foot lots with a minimum of 12,000 square foot lots along the south property line. MINIMUM HEATED FLOOR AREA The applicant is requesting a minimum heated floor area of 2,000 square feet. Parsons Run and Randolph Hall are approved with a minimum heated floor area of 1,600 and 2,200 square feet, respectively. Given the request is consistent with approvals in the area, Staff has included the applicant's request in the Recommended Conditions. BUILDING SETBACKS Article requires the following building setbacks. 20-foot front yard 15-foot side yard adjacent to a street 5-foot side yard 20-foot rear yard R-3 (Residential) and R-4A (Residential) zoned properties are developed adjacent to the subject site. Staff notes that lots along the southern property line will abut the rear of R- 4A (Residential) zoned lots. The rear setback required for R-4A (Residential) is 25 feet which is compatible with the applicant's request for a 20-foot rear yard setback. Therefore, Staff is of the opinion that the setbacks of the R-5 (Residential) district will not negatively impact neighboring properties. The applicant's site plan shows compliance with the district's requirements. The applicant is requesting the following variance for the entrance drive. Part 1. To reduce the 50-foot setback for new streets for the entrance drive as shown on the site plan. Due to the unique configuration of the subject site, the applicant has requested a variance to reduce the 50-foot setback for the entrance drive. Given the applicant has proven a hardship due to site configuration, Staff is of the opinion that relief would be in harmony with the intent of the Zoning Resolution. Therefore, Staff is recommending APPROVAL CONDITIONAL of Part 1 of the concurrent variance request. LANDSCAPE STRIPS AND BUFFERS A 25-foot landscape strip is required along Parsons Road. The site plan shows a 40-foot landscape strip along Parsons Road which exceeds the requirements. A 20-foot MME (P:\PlanAnalysis\Planners\Cases\06Z-095N.10) 10-6

7 landscape strip is required outside the 10-foot access easement around all detention ponds. The applicant is requesting the following relief from the requirement. Part 2. To reduce the required landscape strip planted to buffer standards around detention ponds from 20 feet to 10 feet. The applicant has not proven a hardship. Staff is of the opinion that the hardship is selfimposed and that relief from the requirement would not be in harmony with the intent of the Zoning Resolution. Therefore, Staff recommends DENIAL of Part 2 of the concurrent variance request. 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. 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. The site contains Johns Creek that extends along the northern boundary of the site. Slopes that exceed 33 percent over 10- foot rise in elevation exist inside the stream buffer area and on the western portion of the site. Development is proposed in the western portion of the site. The northern boundary and portion of the site is located within the 100 year floodplain. According to the ESA approximately 5 acres of the site is located in this area and encroachment is proposed to access the site with an entrance drive. Compliance with the County stream buffer requirements, floodplain regulations, steep slopes protection standards and erosion control guidelines would mitigate developmental impacts to adjacent properties. The site does not contain wetlands, historical sites or sensitive plant and animal species. OTHER CONSIDERATIONS The site is located in the Northeast Fulton Overlay District. At the time of application for a Land Disturbance Permit or Building Permit, it is the applicant's responsibility to meet with the Design Review Board and to comply with the development standards of the Overlay District. The applicant has proposed open/green space within the proposed development. Staff notes that this common area will not be part of any of the proposed lots within the development. The applicant will be required to provide a mandatory homeowners association to maintain all common area as well as the detention ponds. Staff will reflect this in the Recommended Conditions. MME (P:\PlanAnalysis\P1anners\Cases\06Z-095N.10) 10-7

8 FINDINGS: (Article ) 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 development, if developed with Staff's Recommended Conditions, is suitable for the subject site given the existing 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: Staff does not anticipate a significant impact on public services and facilities. However, some overcrowding of area schools may occur. An 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 development is consistent with the 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 Residential - 2 to 3 units per acre MME (P:\PlanAnalysis\Planners\Cases\06Z-095N. 10) 10-8 Petition: 2OO6Z NFC

9 Proposed use/density: Residential units per acre The Comprehensive Land Use Plan Map suggests residential use at a density of 1 to 2 units per acre north of the subject site and 2 to 3 units per acre south and further west. Institutional use is suggested further north on the east side of Parsons Road. PLAN POLICIES: Encourage planned residential development with homes and recreation areas oriented to internal streets, not facing or directly accessing external roads. Encourage infill development in residential areas consistent with neighborhood preservation, transition of uses, and other Comprehensive Plan policies. 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 development is consistent with the policies and intent of the Comprehensive Plan and with approved zonings in the area. Therefore, Staff recommends APPROVAL CONDITIONAL of the petition and Part 1 of the concurrent variance subject to the attached Recommended Conditions and DENIAL of Part 2 of the concurrent variance. MME (P:\PlanAnalysis\Planners\Cases\06Z-095N. 10) 10-9

10 COMMUNITY ZONING BOARD RECOMMENDATION On October 17, 2006, the Community Zoning Board recommended DENIAL of the petition and all parts of the concurrent variance. Members of the community were present in opposition expressing their concerns regarding traffic, lot size, and current drainage problems on the east side of Parsons Road next to Johns Creek. MME (P:\PlanAnalysis\Planners\Cases\06Z-095N. 10) Printed:10/20/

11 RECOMMENDED CONDITIONS If this petition is approved by the Board of Commissioners, it should be APPROVED R-5 (Residential) 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. Single family detached dwellings and accessory uses and structures. b. No more than 28 total dwelling units, at a maximum density of 1.57 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 within the approved development meet or exceed all the development standards of Fulton County. The total lot yield of the subject site shall be determined by this final engineering. c. The minimum lot size shall be 12,000 square feet along the south property line with a minimum of 7,500 square feet for the remainder. d. The minimum heated floor area per dwelling unit shall be 2,000 square feet. 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 August 28, 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 via dedicated roadways, easements, sidewalks, 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. MME (P:\PlanAnalysis\Planners\Cases\06Z-095N. 10) 10-11

12 3. To the owner's agreement to the following site development considerations: a. To reduce the 50-foot setback for new streets for the entrance drive as shown on the site plan (, Part 1) 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. 45 feet from centerline of Parsons 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 Parsons Road. 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. MME (P:\PlanAnalysis\Planners\Cases\06Z-095N.10) Printed:10/20/

13 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 postdevelopment 100-year water surface elevations, and for any postdevelopment 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 shall be submitted to the Department of Public Works with the Storm Water Concept Plan. MME (P:\PlanAnalysis\Planners\Cases\06Z-095N.10) 10-13

14 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. MME (P:\PlanAnalysis\Planners\Cases\06Z-095N.10) 10-14

15 I. 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 faciiity(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 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 predevelopment 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 predevelopment 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 MME (P:\PlanAnalysis\Planners\Cases\06Z-095N.10) Printed:10/20/

16 shall be utilized to demonstrate that the top of the structure lowest floor complies with county requirements. 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. MME (P:\PlanAnalysis\Planners\Cases\06Z-095N. 10) Printed:10/20/

17 COMMENTS ON PUBLIC SERVICES AND UTILITIES APPENDIX 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: Parsons Road Classification: Minor Collector Level of Service: C or better Road name: Hampstead Way Classification: Local Street Level of Service: Anticipated Traffic Generation Rates: Average: 301 trips per day Peak Hour: 32 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. 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 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: 8,400 gallons per day 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. MME (P:\PlanAnalysis\Planners\Cases\06Z-095N.10) 10-17

18 SEWER: Basin: Johns Creek Treatment Plant: Johns Creek Anticipated sewer demand: 7,560 gallons per day The nearest wastewater pipeline to this project is on site feet located in Land Lot 279, District 1/1. 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 C0087E. Approx. 69 percent flood plain. BOARD OF EDUCATION: # of Proposed Units: 28 Schools Medlock Bridge Elementary River Trail Middle Northview High School Estimated Number of Students Generated 10to 15 6 to 8 8 to 11 State Capacity A 825 1,200 1,850 Enrollment B 714 to 758 1,327 to 1,409 2,428 to 2,578 Under/ Over State Capacity c -11 to to to 728 Number of Portable Classrooms Can Facility Meet Increased Demand? D A B c Yes State capacity has been updated to accommodate class-size reduction per HB 1187, the Governor's Georgia Education Reform Act. Enrollment based upon 1" month count for the school year. 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. No No Location Average to Averaae + 1 Std. Deviation Comments Northview HS Reqion One single family unit generates: One single family unit generates: One single family unit generates: One multi-family apartment unit generates: One multi-family apartment unit generates: One multi-family apartment unit generates: Townhouse unit generates: Townhouse unit generates: Townhouse unit generates: to to to to to to to to to 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 MME (P:\PlanAnalysis\Planners\Cases\06Z-095N.10) 10-18

19 Annual Operating Cost Per Student $8,497 Fulton Gov't Operating Cost Per Student $5,793 State Operating Cost Per Student $2,705 TAX ASSESSOR: Property Tax ID#: ; Taxes on the subject property are up-to-date. FIRE MARSHAL: Fire Station: 12 Battalion: 4 Impact: Increase in water demands. Increase in 911 calls. POLICE DEPARTMENT ZONING IMPACT STATEMENT: Beat: 36 Impact Statement on Beat: Current calls for service: 7,208 Projected calls for service: Unknown **** Current average response time: 11 minutes ** Increase in the number of residents: 112 * Increase in E-911 calls for service (police, fire. E.M.S.): 281 *** Increase in the number of traffic accidents: 6 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) MME (P:\PlanAnalysis\Planners\Cases\06Z-095N.10) Printed:1O/2O/O

20 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. MME (P:\PlanAnalysis\Planners\Cases\06Z-095N.10) 10-20

21 Z NFC 2006 VC- 3 Parsons Station -i*density: None Stated R- *097- f- n AG-! r Creeksi e Crossing^-1 Min Lot Size: : Lacre' 4.4 R - 4A COND. Creekside Subdivision. Minimum Lot Size: 12,000 if,. MHFA: 2,200 sf along Morton 1 Density: 2JO units/acre Z6 3 / Mta Lot Size: 9,000 sf CMHFA: 230 sf 91 Z90-76 * R-4A CONO* Z97-I43 R-44 COND Randolph """^ ^^ Density: 1.8 units/ac, 63 total units j^lgf Min lot Size: 12\0O0sf MHFA: 2^00 sf for 1-stoi A 2,400 sf for 2-stories R-4A COND. v ' ^ uunder Deve bpment Density: 2.9: units per acre Lot Size: 7,5 0 sf adj to W PL 9,000 sf for i imainder ~* ' MHFA: 2,70 > sf cor I * V To-/ A&- V n Chase Lot Size: 18,000 sf 2,000 sf. up Co «^>- O3W Approved for 28 lots' O --3kTf\ C; Density: f-03 U P«O 3 w -* Lot Size:rt8,000 s R-4A CQNU 231 R-3 COND Z84-26S along th/j»-»lia*epropertv lines '" 15,000 sftalong Morton Rd;!:3^' C {) P ' " 12,000 sf Tor remainder _ - Xlr' r< ' MHFA: 2^00 sf ^ ^ " _ '.... CUP Morton Reserve ^_,. o- j. Density: 1.9 units per acre"' Min Lot Size: 15,000 sf abutting/^ i / Morton Rd, 12,000 sf for remainder f MHFA: 1,500sf >/ r / 2 SP Z9r3 Stone Hav< Minimi except l ac Isf.18,000 ^ ng Parsons VASyr ^rul i HL. 30 JD <

22 _egend Interstate Other Limited Access State Route Arterial Roads - Streets Ramps Unknown M Boundaries ent Zoning ^JAG-1 (Agricultural) C-2 (Commercial) [] C-1 (Community Business) 9 O-l (Office & Inslilutional) ^ M-1 (Light Industrial) ]] M-1A (Industrial Park) Bj M-2 (Heavy Industrial) Cemetery "2 CUP (Community Unit Plan) 3 NUP (Neighborhood Unit Plan) ] MIX (Mixed Use) P MHP (Mobile Home Park) "2 R-1 (Single Family Dwelling) ^ R-2 (Single Family Dwelling) "2 R-2A (Single Family OweWng) R-3 (Single Family Dwaling) Q R-3A (Single Family Dwelling) R-4 (Siigle Family Owaing) R-4A (Single Family Dwelling) H R-5 (Single Famly Dweiing) R-SA (Single Family Dwalng) R-6 (Single Family Dwaling) ] SUB-A (Single Family Dweiing) 3 SUB-C (Single Fandy Dweiing) A (Medium Density Apartment) A-O (Apartment-Offic«) A-L (Apartment Umited DweKng) A-1 (Apartment Dwelling) Current Zoning TO (Townhouse Residential) ' / v*ter ]R-O-W Fulton County, Georgia Fulton County provides the data within these pages for your personal use "as is". The data are not garanteed to be accurate, correct, or complete. This is not an official Zoning Map I Praptrad by Fullon County Dapwtnant of I Bniranmanl and Communty Dsvstapment Support SenioM DMtnt i Gaographic Mbrmakon System Dale:

23 K> O ON N o PARSONS ROAD nrruu cut w HAYES, JAMES «c ASSOCIATES

24 Legend Inlerstates Other Limited Access Stale Routs Arterial Roads Streets Ramps Unknown el Boundaries i Future Land Use Agricultural, Forestry, & Mining Retail & Service jf Office 1 Office High Density Neighborhood Living-Working jj Community Living-Working H Regional Living-Working Business Park yt Industrial jj Community Facilities H Private Recreation H Parks, Recreation & Conservation 1 Unit/Acre or Less - Residential s; 1 to 2 Units/Acre- Residential 1 to 3 Units/Acre - Residential g 2 to 3 Units/Acre - Residential i 3 to 5 Units/Acre - Residential 1 5 to 8 Units/Acre - Residential i 8 to 12 Units/Acre - Residential 12 to 20 Units/Acre - Residential 20 Units/Acre or More - Residential i h Streams and Water Bodies Transportation & Utilities Unknown 2025 Future Land Use Plan w Fulton County, Georgia Fulton County provides the data within these pages for your personal use "as is". The data are not garanteed to be accurate, correct, or complete. Prepared by Fulton County Department of I Environment and Community Development I Support Services Division i Gaoipaphic Information System Date:

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