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ANNEXATION/REZONING STAFF REPORT

April 6th, 2015

CASE NUMBER: A#2015-01

CURRENT ZONING: County R-75 (Single Family Residential)

PROPOSED ZONING:

LOCATION:

Duluth PRD (Planned Residential District)

0 Sugarloaf Parkway (no assigned address)

TAX MAP NUMBER: 7164 183

ACREAGE: 6.05 total

EXISTING USE: Vacant/Parking Area

PROPOSED USE: Single Family Residential (Townhomes)

APPLICANT:

Homesouth Communities, LLC

c/o Mill Creek Consulting

4480 Commerce Drive, Suite A

Buford, Ga. 30518

PROPERTY OWNER:

Sugarloaf Parking Lot, LLC

100 PGA Tour Boulevard

Pointe Vedra Beach, Fla. 32082

STAFF RECOMMENDATION: APPROVE with CONDITIONS

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I. PURPOSE & DESCRIPTION OF THE REQUEST

1. The applicant seeks to annex 6.05 acres of land known as parcel number 7164 183 from

Gwinnett County into the City of Duluth.

2. The intent is to develop a gated thirty-eight (38) lot townhome community.

3. Currently zoned R-75 (Single Family Residential) in Gwinnett County the applicant

requests PRD (Planned Unit Development) zoning in the City.

II. BACKGROUND INFORMATION

1. The 6.05 acre subject site is a currently vacant. It is owned by Sugarloaf Parking Lot, LLC

and was previously used as a parking area for events held at the TPC Sugarloaf Golf

Course.

2. Application for annexation/rezoning was submitted on January 30, 2015 and formally

accepted and assigned case number A2015-01 on February 3, 2015 (Attachment “A”).

3. The City of Duluth sent notification via certified mail of the request on February 4, 2015.

It was received on February 9, 2015 by the County. (Attachment “B”).

4. Two (2) annexation/rezoning signs were posted on the subject site on February 27, 2015

(Attachment “C”).

5. An ad in the Gwinnett Daily Post announcing both the Planning Commission and City

Council meetings was run on February 27, 2015 (Attachment “D”) and will run again on

March 18, 2015 (Attachment “D”) and March 25, 2015 (Attachment “D”).

6. A#2015-01 application for annexation/rezoning posted on City of Duluth website on

March 6, 2015 and sent via e-mail to the City of Duluth Planning Commission.

7. Staff report and all supporting documents sent to City of Duluth Planning Commission

via e-mail on March 13, 2015.

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III. CURRENT SITE CONDITIONS

1. The 6.05 acre subject site is a currently vacant. It is owned by Sugarloaf Parking Lot, LLC

and was previously used as a parking area for events held at the TPC Sugarloaf golf

course. It is an unpaved slightly vegetated site (see “Site Photos Figure 4” of this report).

2. It has not been assigned an address by Gwinnett County but is known as tax parcel 7164

183 (see Attachment “E” for full legal description).

Figure 1—Zoning Map Shows the current zoning – R-75 County – and surrounding area

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Figure 2 – Aerial

Figure 2, above is an aerial view of the subject site.

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Figure 3 – Utilities

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Figure 4—Site Photo A

Taken at the existing entrance of the proposed site. This is looking at the buffer to the West. This borders the City and is close to the proposed detention pond.

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Figure 4—Site Photo B Taken inside the entrance this shows the buffer to the North. The R-100 property owned by the Gwinnett County School Board. The trees will remain as part of the buffer.

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Figure 4—Site Photo C

This shows the line of trees bordering Sugarloaf Parkway on the Southern border of the subject site. These trees will remain as a buffer.

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Figure 4—Site Photo D Taken at the entrance on Sugarloaf Parkway. Shows existing sidewalks and the mature trees that will remain as part of the buffer.

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IV ANNEXATION 1. Annexation Requirements (State) A. Annexation is governed by Official Code of Georgia Annotated (O.C.G.A.) Title

36, Chapter 36. Chapter 36 describes three main types of annexation: the 100 percent method, the 60 percent method, and annexation by resolution and referendum. Property can also be annexed by local Act of the General Assembly.

B. This property is under the 100% method – one parcel of land with one owner requesting annexation. Municipal corporations can annex unincorporated areas contiguous to the existing corporate limits. Figure 1 of this report shows the subject site is contiguous to the City.

1) Signed by 100 percent of owners (or legal representative thereof) of all the land, except the owners of any public road or right-of-way. Section II of this report and corresponding attachments.

2) Complete description of lands to be annexed. When an application for annexation is received, the municipality must give notice (cert. mail) of the proposed annexation to the governing authority of the county wherein the property is located within five business days. The notice must include a map or other description sufficient to identify the area. Section II of this report and corresponding attachments shows the legal description and the County’s receipt of the application via certified mail.

3) The county must respond (cert. mail) within five business days of receipt, and inform if any county owned facilities are located in the proposed area to be annexed. Attachment “F” of this report shows certified Gwinnett County response.

C. Public Hearing 1) Held within 15 to 45 days. 2) Notice of time and place must be given in writing to the persons presenting the petition and it must be advertised once a week for two weeks in a general area newspaper. Applicant notified via e-mail on February 3rd, 2015 of the

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proposed hearing dates. Newspaper ads run or are scheduled to be run. See section II of this report and corresponding attachments. 4) Signage on site 15-45 days prior to public meeting. Two (2) sign were put

on the property February 27th, 2015 (see attachment “C”).

2. City of Duluth - Community Agenda

A. The subject site is consistent with the Community Agenda. Located next to an

area designated a “Community Activity Center” by the City’s current

Community Agenda’s character area map. Staff recommends the proposed

site, if annexed, be labeled a “Community Activity Center”.

B. This character area is meant to provide a mix of business, office, and retail

uses. Exclusive residential developments may be considered in the

Community Activity Center on a case by case basis and may be approved if it

is determined that the residential use complements a larger, existing

commercial center as a secondary or supporting use.

1) The proposed development is secondary to the current Fuqua project

which is located at the end of Sugarloaf Parkway approximately two (2)

miles away. There are also at least six (6) other potential commercial or

mixed use sites in the area that could also be served by this residential

development (Figure 5).

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Figure 5 Represent potential commercial sites

2) Whether this property/parcel is developed as proposed by the

applicant or in another manner consistent with the designated

character area it will add residents and/or business to the corridor. As

a location destination or to house more residents to serve as built in

support for the existing and future commercial properties, this

property is consistent with the adopted Community Agenda.

Subject

Site

Fuqua

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3) Figure 6 shows the Community Activity Center character area map per

the City of Duluth’s current adopted Community Agenda.

Figure 6

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Figure 7 City Subject Site

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V. REVIEW OF ZONING PROPOSAL §1908 of the Zoning Ordinance states that the following standards shall be applied when considering zoning proposals: 1. Whether the zoning proposal will permit a use that is suitable in view of the use

and development of adjacent and nearby property:

Staff finds that the subject site, if annexed and rezoned to Planned Residential District (PRD), and subsequently developed as generally proposed, would be consistent with the surrounding area.

Land directly north is owned by the Gwinnett County Board of Education. The subject site is buffered from the GCBOE property by pine trees and significant open space.

An undeveloped tract of land known as tax parcel 7199 224 and zoned Planned Unit Development (PUD) is to the west of the subject site. This site is the proposed commercial component of The Preserve at Sugarloaf development.

To the east the proposed development abuts the Stonebrier @ Sugarloaf subdivision. It is zoned Gwinnett County R-75 (Single Family Residential).

Across Sugarloaf Parkway to the south lies the Sugarloaf Country Club. It is zoned Gwinnett County R-75 (Single Family Residential).

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

Staff finds the proposed use will not adversely affect the existing uses or have a negative impact on any of the adjacent or nearby property. A gated townhome community will not have a negative impact on the Sugarloaf corridor.

3. Whether the property to be affected by the zoning proposal has a reasonable

economic use as currently zoned:

Staff finds that the site is currently zoned County R-75 and the proposed City PRD is similar as both are residential in nature. The PRD, however, allows for a higher density than the R-75 single family. The site is 6.05 acres in size and allowing higher density may make it a more viable site. R-75 County would allow a density of 3 homes per acre the PRD allows up to 12 and it is proposed at 6.28. The PRD zoning is a reasonable economic use of this site.

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4. Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of the existing streets, transportation facilities, utilities, or schools:

Staff finds that the proposal will not create any excessive burden upon schools or utilities as it is a small development of only thirty-eight (38) townhomes. The site has access to major roadways with available capacity and will not present an excessive or burdensome use to the existing transportation network. It is a “right-in/right-out” single driveway that will need to meet all requirements set forth by the Gwinnett County Department of Transportation.

5. Whether the zoning proposal is consistent with the Community

Agenda/Comprehensive Plan, transportation plans, and other plans adopted for guiding development within the City of Duluth:

Please see section IV of this report.

6. Whether there are other existing or changing conditions affecting the use and development of property which give supporting grounds for either approval or disapproval of the zoning proposal:

Staff finds that the proposed residential use supports the existing and potential commercial and mixed use projects along the Sugarloaf Corridor and surrounding areas.

VI. REVIEW OF THE PLAN 1. SITE PLAN

A. 6.05 acres

B. 38 townhomes

1) 7 clusters 2) Runs of 5-7 per cluster

C. Gated with private street

1) One street serves the community with a cul-de-sac 2) Street will be private and not City maintained

D. Water and sewer to be provided by Gwinnett County

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E. Site Plan is included in this report as Attachment “G” and as seen below in “Figure 8”

Figure 8

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2. COMPLIANCE WITH THE ZONING ORDINANCE

A. Advertising requirements set forth in Article 23 were satisfied by staff (See

section II of this report)

B. Planned Residential Development Requirements Section 1407 of the Zoning Ordinance 1) Intent and Purpose - Transitional zone between low density residential

and commercial 2) Uses Allowed Inherently - Townhomes 3) Bulk and Area Regulations – 1,880 square feet per building (1,200

required) 4) Lot width 30 foot minimum (met) 5) Density is 6.28 which is roughl;y half the allowed density (cannot exceed

12 units per acre ) 6) Building Height is 35’ (maximum is 35’) 7) Sidewalks (5’ minimum) to be constructed on both sides of the street 8) Open space – 6% (meets minimum requirement) 9) Buffers – All current trees surrounding site will be saved and additional

plantings will be added (per applicant) a) R-100 requires a 50 foot buffer (proposed minimum 30’ increase where feasible)

b) R-75 requires a 50 foot buffer (proposed 50’) c) PRD no requirement (20’ proposed)

C. Parking Requirements Section 903.0 1) Two (2) covered spaces per residence – 4.4 provided

a) Two car garages provided for each residence – 2 spaces b) 21’-24’ driveways for each residence – 2 spaces c) 15 guest parking spots provided -.4 per unit

3. TRANSPORTAION

A. Community will be gated and served by one private street with one “right-in-

right-out” entrance.

B. Development shall comply with all requirements set forth by the Gwinnett County Department of Transportation in regards to any work on or relating to

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Sugarloaf Parkway. Any road work must be reviewed and approved by Gwinnett County including the front access gate and all associated stacking requirements.

4. POPULATION AND SCHOOLS A. Community will be part of the Peachtree Ridge School District

B. A relatively small development (38 townhomes) should have minimal impact

on the school system 5. INFRASTRUCTURE & UTILITIES

A. Developer shall provide underground utilities throughout the development

B. Water and sewer shall be provided by Gwinnett County

C. Private street will service the community and shall be maintained by the

owner(s) VII. APPLICANT’S RESPONSE TO ZONING PROPOSAL

1. Please see applicant’s response to the questions regarding the zoning proposal on the submitted application (Attachment “A”).

2. Below please see applicant’s letter of intent as submitted:

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VIII. PROPOSED CONDITIONS 1. GENERAL

A. The development shall be governed by private covenants approved by the

Community Development Director and recorded at Gwinnett County. B. A mandatory home owners association will be established to include a reserve fund for road and site maintenance and repair. C. All requirements and conditions set forth in this ordinance shall be binding

regardless in any change of ownership, developer, or builder. D. All conditions of zoning must be shown on the final plat.

E. It is the applicant’s responsibility to provide proof that all conditions of

zoning are being met at the time of building permit application submittal.

F. Developer shall provide underground utilities throughout the entire development. When feasible, utilities shall be located in the rear of homes. Placement of utilities shall be designed to maximize the quality and quantity of landscaping visible from the street and in no case should utility placement be designed to limit opportunities for improved streetscapes.

2. ARCHITECTURE & SITE DESIGN

A. Overall development shall significantly conform to the layout of the submitted

site plan (Attachment “G”).

B. Streets will be privately owned and maintained by the developer/property

owner and will be kept in good repair free of defects in paving or striping at all

times.

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C. Developer shall install storm water facilities to service the development. The

owner(s) shall be responsible for the installation and maintenance of all storm

water facilities and infrastructure.

D. Plan book must be submitted and approved by the Community Development Director prior to the issuance of any building permits.

E. All proposed lighting shall be decorative in nature and shall be approved as part of a lighting plan submitted to the Community Development Director prior to the issuance of any building permits.

F. Provide a minimum of fifteen (15) guest parking spaces

G. Sidewalks are required on both sides of the street at a minimum width of five

(5) feet.

H. Driveway lengths will be a minimum of 22’ in length (as measured from the garage door to back of curb)

I. Driveways will have decorative aprons (submitted and approved as part of the

above referenced plan book)

J. All townhomes must meet the following:

1) Significantly adhere to the elevations submitted by the applicant as Attachment “H”

2) Brick must be the dominant building material (minimum 80% for each townhome on all four sides)

3) Accent materials shall consist of the following: a. Stacked stone b. Stucco (no synthetic allowed) c. Hardi-Plank/Hardi-Board

4) Two car garage required 5) Garage doors must be decorative in nature (submitted and approved as

part of the above referenced plan book) 6) No concurrent townhomes shall be of the same design

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K. Landscape Plans

1) Overall landscape plan must be submitted and approved by the Director of Community Development prior to the issuance of any building permits.

2) Individual town home clusters must submit detailed landscape plan at

time of permit application.

L. Buffer abutting Gwinnett County Board of Education property (Zoned R-100 requires 50’ buffer) shall be between 30’ and 50’.

IX. PLANNING STAFF RECOMMENDATION Based upon the staff findings made in this report:

Planning staff recommends APPROVAL of the request for annexation of parcel 7164 183 and the zoning of said property to Planned Residential Development (PRD) with the conditions of zoning as stated above in section VIII of this report.

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A

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A

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A

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A

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A

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A

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A

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A

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A

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A

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A

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A

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A

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B

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C

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D

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D

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D

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E

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F

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G

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H

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H