§ 28.4. Technical evaluations and reports.

Proposed land use petitions shall be considered by the Board of Commissioners only after the evaluations and reports required below have been completed and the Community Zoning Board has made a recommendation. Such reports shall be public record.

28.4.1. Zoning impact analysis by the community zoning board and the department. For each rezoning petition, the Community Zoning Board and the department shall investigate and make a recommendation with respect to the factors listed below. The department shall make a written record of its investigation and recommendation on each rezoning petition, as well as any other factors it may find relevant, and carry out any other duties with which it is charged by the Board of Commissioners.

The Community Zoning Board shall make a recommendation which the department shall transmit in writing to the Board of Commissioners.

The zoning impact analysis factors are as follows:

A.

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property;

B.

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

C.

Whether the property to be affected by the zoning proposal has a reasonable economic 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;

E.

Whether the zoning proposal is in conformity with the policies and intent of the land use plan;

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; and

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.

28.4.2. Zoning impact analysis by applicant. If a rezoning is initiated by the property owner, a written documented analysis of the impact of the proposed zoning with respect to each of the matters enumerated in 28.4.1 is required at the time of filing the land use petition.

28.4.3. Environmental reports. If a rezoning and/or use permit is initiated by the property owner, an Environmental Site Analysis and/or an Environmental Impact Report shall be filed with the land use petition per the following:

28.4.3.1. Environmental site analysis (ESA). All rezoning and/or use permit petitions shall include an Environmental Site Analysis to identify environmental conditions on the site to determine if the proposed use may be considered environmentally adverse.

The Environmental Site Analysis shall detail the following:

1.

Does Article 4.18, Environmentally Adverse Uses, apply to the proposed use? If yes, does the use comply with the prescribed acceptable separation distance?

2.

The presence or absence of the following and does the project encroach or adversely affect any of the following:

a.

Wetlands;

b.

Floodplains;

c.

Streams/stream buffers;

d.

Slopes exceeding 25 percent over a 10 foot rise in elevation;

e.

Vegetation (including endangered species; areas of confirmed Georgia Department of Natural Resources listed endangered species shall comply with the Federal Endangered Species Act) (Amended 04/05/06);

f.

Wildlife species (including fish and endangered species; areas of confirmed Georgia Department of Natural Resources listed endangered species shall comply with the Federal Endangered Species Act) (Amended 04/05/06);

g.

Archeological/historical sites;

3.

How the project implements the following:

a.

Protection of environmentally sensitive areas (floodplains, slopes exceeding 25 percent, river corridors);

b.

Protection of water quality;

c.

Minimization of negative impacts on existing infrastructure;

d.

Minimization of negative impacts on archeological/historically significant areas;

e.

Minimization of negative impacts on Environmentally Stressed Communities;

f.

Creation and preservation of green space and open space;

g.

Protection of citizens from the negative impacts of noise and lighting;

h.

Protection of parks and recreational green space;

i.

Minimization of impacts to wildlife habitats.

28.4.3.2. Environmental impact report (EIR). Any petition for an industrial rezoning and/or use permit shall include an Environmental Impact Report to determine if the proposed use is environmentally adverse.

The Environmental Impact Report shall detail the following:

1.

Does Article 4.18, Environmentally Adverse Uses, apply to the proposed use? If yes, does the use comply with the prescribed acceptable separation distance?

2.

Impacts on noise levels of the surrounding area;

3.

Impacts on air quality of the surrounding area;

4.

Impacts on water quality/resources including surface water, ground water, flood plains, and wetlands;

5.

Impacts on vegetation, fish, and wildlife species and habitats;

6.

Impacts of thermal and explosive hazards on the surrounding area;

7.

Impacts of hazardous wastes on the surrounding area;

The report shall cite all uses and quantities of any agents listed on the Federal Environmental Protection Agency Lists of Hazardous Wastes;

8.

Minimization of negative impacts on Environmentally Stressed Communities.

The Environmental Impact Report shall detail strategies to mitigate or avoid impacts listed above as applicable.

28.4.3.3. Review criteria for ESA and/or EIR. Environmental Site Analysis and/or Environmental Impact Reports shall be reviewed based upon the following:

1.

Whether the petition is consistent with the requirements of Article 4.18, Environmentally Adverse Uses;

2.

The detail provided for ESAs and EIRs as outlined in Sections 28.4.3.1 and 28.4.3.2 above.

The Department shall review the ESAs and EIRs submitted with petitions for rezoning and/or use permits and make recommendations to the Board of Commissioners with respect to the proposed use. The anticipated impact of the proposed use on an Environmentally Stressed Community will be included in the Department's recommendation.

As determined by the Director or his/her designee, Environmental Impact Reports may also be required with applications for land disturbance permits, building permits, temporary or permanent certificates of occupancy, or any other permits issued by the Department of Environment and Community Development.

28.4.4. Traffic impact study. A Traffic Impact Study is required when a land use petition equals or exceeds the thresholds indicated in the department's rezoning, use permit & concurrent variance application package. The study shall be prepared by a certified traffic engineer or transportation planner in accordance with professional practices and must be submitted at the time of the filing of the land use petition.

28.4.5. Development of regional impact study (DRI). A Development of Regional Impact Study is required when a land use petition meets or exceeds the thresholds indicated in the department's rezoning, use permit & concurrent variance application package. Form 1: Initial DRI Information must be submitted at the time of the filing of the land use petition.

28.4.6. Noise study report. (Amended 04/05/06) A noise study shall be performed, by a state registered professional engineer or noise professional, if a proposed site is located within 1,000 feet of an expressway, within 3,000 feet of an active rail line, or within 5 miles of the Hartsfield-Jackson International Airport boundary. An expressway is defined as a highway facility usually having two or more lanes for the exclusive use of traffic in each direction and partial control of access (i.e. I-85, I-285 and GA-400).

1.

The noise study shall include an analysis of the proposed use with respect to existing ambient noise, that is, business and industry noise, aircraft noise, roadway noise, and construction noise.

2.

If the noise study results in a day-night average sound level greater than 65 dBA, the applicant shall provide a sound attenuation plan specifying the type of noise buffering measures/materials to be employed during construction that will reduce the interior residential noise levels to 50 dBA or less.

3.

The sound level readings shall be measured at a distance from the site to the noise source. The measurement should be from the source to the nearest points on the site where structures having noise sensitive uses are located. These points shall be labeled as the NAL (noise assessment locations). The measurement location for structures is a point 6.5 feet from the facade. In the event that the location of the structures has not yet been specified at the time of the noise study, then the distance used in the noise study should be measured as 6.5 feet less than the distance from the structure setback line to the major source(s) of noise. (Reference: Title 24, Housing & Urban Development, Part 51 — Environmental Criteria and Standards, Subpart B — Noise Abatement and Control, Section 51.103) Criteria and Standards (c) Exterior standards.

28.4.7. Public participation plan and report. The Public Participation Plan is to ensure that applicants pursue early and effective public participation in conjunction with their petitions, ensure that the citizens of Fulton County have an adequate opportunity to learn about petitions that may affect them, and to ensure ongoing communication between applicants, adjoining property owners, environmentally stressed communities, community associations and other organizations, elected officials and county staff. A target area for public participation should be determined by the applicant and current planner at the time of the pre-application review. Applicants are required to submit a Public Participation Plan for meeting with interested citizens to advise of pending rezoning/use permit applications and to allow citizens the opportunity to discuss concerns and provide input about project design or development. An applicant's responsibilities are to inform the public, solicit input, and provide a summary of these activities in the form of a written report (Public Participation Report).

The requirement for a Public Participation Plan does not give communities decision making powers or force a consensus on issues. Applicants are not obligated to make any concessions or changes based upon input from citizens. A refusal by the community to meet with applicants does not mean that the applicants fail to meet the requirements of the Public Participation Plan.

Dialogue should occur between applicants and communities before the Community Zoning Board hearing, the first public hearing. Public Participation Plans are required with all rezoning and/or use permit applications and must be filed simultaneously with the application. Participation Plan Reports are required to be submitted no less than seven business days before the scheduled Board of Commissioners' hearing. If the report is not submitted as required, the Board of Commissioners may defer an application.

The minimum requirements for public participation plans and public participation reports are as follows:

A.

Public participation plan. Every application for a rezoning or use permit which requires a public hearing shall include a public participation plan which must be implemented prior to the first public hearing.

Minimum standards:

1.

Identification of all property owners within a quarter mile of the site and area homeowners' associations, environmentally stressed communities, political jurisdictions, and any other public agencies or organizations which may be affected by an application as determined by the applicant and the current planner at the time of the pre-application review.

2.

Explanation of how interested parties will be informed of rezoning/use permit applications.

3.

Methods for providing opportunities for discussion with interested parties before public hearings are held. Applicants are required to schedule at least one meeting at a convenient location and time and notify all interested parties, as identified in 1. above, of the purpose, place and time of the meeting.

4.

Applicant's schedule for completion of the public participation plan.

B.

Public participation report. Every rezoning and use permit applicant is required to provide a public participation report on the department's form no later than seven business days before the scheduled Board of Commissioners' hearing. This report shall be made a part of the official file and a summary will be provided to the Board of Commissioners.

Minimum standards:

1.

Provide a list of all parties that were contacted, the methods of notification that were used, and copies of all notification letters.

2.

Provide dates and locations of all community and/or other meetings that were attended by the applicant to discuss an application. (attach meeting notices, letters, etc.)

3.

Provide the number of people who participated in meetings held to discuss an application. (attach sign-in sheets)

4.

A summary of concerns and issues expressed by interested parties.

5.

A summary of the applicant's response to concerns and issues.

(Amd. No. 13-0725, 9-4-13)