City Council - 26 March 2007 Minutes
WORK SESSION OF THE
MAYOR AND COUNCIL
PRESENT:
Mayor Lasseter, Council members Kirouac, Mundrick, Dugan, Hall
City Administrator, Department Directors, City Attorney
ABSENT:
Councilmember Bomar
A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss and ask questions of department directors regarding this evening’s agenda items.
NOTES: City Administrator Phil McLemore reported that the Downtown Development Authority had received a letter of resignation from Randy Sutt and recommended Terrie Needham as a replacement to fill the unexpired term. Ms. Needham is the owner of the Anna Bellagio boutique located on Main Street and is a Gwinnett County resident.
MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
7:00 P.M. - CALL TO ORDER: Mayor Shirley Fanning-Lasseter
INVOCATION/PLEDGE:
Rev. Dick Baker
WELCOME RESIDENTS:
Forest Manor/Ennfield
- CONSENT AGENDA
- APPROVAL OF MARCH 12, 2007 MINUTES
- ORDINANCE TO AMEND THE DULUTH CODE – PARKS & RECREATION BOARD
[Exhibit “A”]
Approval of this item approves an ordinance to amend the Duluth Code, Section 2-87, to add an alternate position to the Parks & Recreation Advisory Board. - ORDINANCE TO APPOINT PARKS & RECREATION MEMBERS [Exhibit “B”]
Approval of this item approves an ordinance to appoint Matt Morris as an alternate member of the Parks & Recreation board for a one year term, expiring March 31, 2008. The ordinance also reappoints Randy Marcus, Paula Bender, Billy Jones and Wanda Bennewitz, terms to expire March 31, 2009. - ORDINANCE APPOINTING PLANNING COMMISSION MEMBERS [Exhibit “C”]
Approval of this item approves an ordinance reappointing Terry Franzen and Gary Canter to the Planning Commission, term to expire March 31, 2010, and Anita Ferri as an alternate to the Planning Commission, term to also expire March 31, 2010. - WAIVER REQUEST – DULUTH HS LOCK-IN – BUNTEN PARK
Approval of this item waives rental fees of the Bunten Road Activity Building for the Duluth High School PTSA 6th annual High School Senior Lock –In. The annual event schedules activities for the graduating high school students from 11 p.m. on May 22, 2007 until 6 a.m. on May 23, 2007. The PTSA requests the rental fee of $1375.00 to be waived for the use of the entire building. DHS will still be responsible for attendant, fees, cleanup and setup, and security, and will also be required to submit a refundable Security Deposit. - ORDINANCE TO APPOINT DOWNTOWN DEVELOPMENT AUTHORITY MEMBER
[Exhibit “D”]
Approval of this item appoints Ms. Terrie Needham to the Downtown Development Authority to fill the unexpired term of Randy Sutt, ending March 31, 2008.
A motion was made by Councilmember Mundrick, seconded by Councilmember Dugan, to approve the Consent Agenda as presented.
Those voting for: Councilmembers Kirouac, Mundrick, Dugan, and Hall
Motion carried.
- CEREMONIAL MATTERS
- APPRECIATION FOR SERVICE – WILLIAM EDWARDS
The Mayor and Council recognized Bill Edwards for his years of service on the Alcohol Review Board and to the Police Department. - OATHS OF OFFICE – BOARDS AND COMMISSIONS
Mayor Lasseter administered Oaths of office to board/commission appointees from March 12, 2007 as well as this evening.
- APPRECIATION FOR SERVICE – WILLIAM EDWARDS
- PUBLIC HEARING
- ORDINANCE OF REZONING MODIFICATION – CASE A#0145A-07
MCCAR HOMES INC. - PUD MODIFICATION - 7-200-002, 7-200-003
[Exhibit “E”]
Mayor Lasseter opened the public hearing to consider a request to modify a PUD (Planned Unit Development) approved site plan for the underlying zoning of PRD (Planned Residential District) and RM (Residential Multi-family) portions to allow an increase in single-family residential and reduce the number of townhome units proposed in the original annexation and rezoning case A#0145-05 approved by Mayor and Council in January 2006.
Interim Planning Director Shelley Stiebling came forward and explained that the proposed changes will occur in Tract 3 of the development known as the Lakes at Sugarloaf, which is the residential portion of the PUD known as Sugarloaf Village West. This residential section of the development is a gated community with private drives.
The acreage for the entire PUD is a combined total of 84.03 acres of land located north of the intersection of Old Peachtree Road and Sugarloaf Parkway, along both sides of Sugarloaf Parkway. Tract 3 is located adjacent to Old Peachtree Road and covers an area of 50.331 acres. Ms. Stiebling showed a map of the area and explained that the major issues and waivers associated with this request are:
1. Major modification of the PRD and RM portion of the Planned Unit Development;
2. DRI (Development of Regional Impact);
3. Percentages of the restriction of allowable uses;
4. Waiver to reduce the landscape strip in this section (townhomes and cottage style) from 5’ ft width to 4’ ft width; and
5. Waiver to delete the condition for a loop trail around the lake to pedestrian amenities in this portion of Tract 3.
Ms. Stiebling noted that the request has been re-reviewed by Atlanta Regional Commission due to the DRI status, and it is not significantly impacted. As for the percentages of the restriction of allowable uses, Staff needed to recalculate this formula and it came out fine with the proposed modification. She noted that in the plan now vs. the plan previously approved by City council, open space has been decreased by 5% in tract 3 due to the change from multi-family to single-family residential taking up more area.
Ms. Stiebling said that the waiver to landscape strip is for particular areas, but not throughout the entirety of tract 3, and a request to delete the proposed loop trail is also needed. She showed pictures of the subject property, which is currently under a land disturbance permit, for review.
She further explained that the previous plan included 123 townhomes, and the new site plan includes 29 cottage style homes in addition to estate style homes, approximately fifteen of which are accessed by alleys. The front loaded town homes are down to 47, and there are 31 rear-loaded town homes accessed by an alleyway, with an overall reduction of 10 units.
The Planning Commission reviewed the request on March 19th and recommended approval of the PUD modification and waiver request with conditions, which are the generally the same as the previous ordinance of rezoning, (additions in bold) as follows, with approval of the waiver:
Waiver:
1. The landscape strip in the section of Tract #3 with the cottage homes and the townhomes will be (four) 4’ in width. The street trees will be located at a distance of 30 linear feet and the type of tree shall be approved by the City’s Landscape Architect.
Site Development
1. The area known as Tract #3 shall not exceed 203 residential units with 29 cottage homes and 78 townhomes and the entire development shall not exceed 83,780 s.f. retail uses, 91,200 s.f. office uses, and 264 254 dwelling units.
2. The development site plan must be re-permitted prior to issuance of a building permit.
3. Side yard setbacks shall be 10’ between roof lines for single-family detached dwelling.
4. Prior to issuance of a Development Permit for each phase of the project, the applicant shall submit architectural elevations in the form of a “Plan Book” for typical structures for review and approval by the Planning Director.
5. Buildings shall be finished with architectural treatments of brick, stone, stucco or wood. Residential structures shall have no more than 25% hardiplank. At least 25% of all single family detached structures shall have a porch (no stoop).
6. Building height shall not exceed 50 feet in height.
7. Building frontages greater than 100-feet in length shall have offsets, jogs, or other distinctive changes in the building façade. This condition shall apply only to commercial or office property.
8. Blank walls that can be seen from any street (public or private) are prohibited. Up to 40% of the length of the perimeter can be exempted from this standard if oriented toward loading or service areas.
9. Provide internal sidewalks and sidewalk connections from public streets to the major/anchor buildings, with locations subject to review of the Director of Planning and Development.
10. A loop trail shall be included around the lake. The pocket parks and pedestrian amenities shall be binding as shown on the site plan submitted on March 12, 2007.
11. Buildings shall incorporate arcades, roofs, alcoves, porticoes, awnings or covered walkways that protect pedestrians from the rain and sun
12. Outdoor lighting shall be contained in cut-off type luminaries, which do not reflect into nearby residential properties nor create a hazard for passing automobile traffic, and comply with Section 615.H Parking Lot Lighting Design Standards.
13. Natural vegetation shall remain on the property until the issuance of a development permit.
14. Bike racks shall be provided within the project at locations to be determined by the Director of Planning and Development.
15. Provide underground utilities (power, telephone, cable) throughout the entire development.
16. The development known as Sugarloaf Village West shall be subject to restrictive covenants, as approved by Director of Planning and Development prior to issuance of building permits.
17. Dumpsters shall be screened by a 100 percent (100%) opaque masonry fence or wall matching the buildings, a minimum of eight-feet (8) in height.
18. The buffer requirements shall meet the Planned Unit Development, Section 1406.E.4.b (50 foot buffer), along the eastern and northern boundary of Tract 3 except where specified (25 foot buffer) per Overall Site 75’ Buffer Plan by Planners and Engineers Collaborative, revised December 28, 2005.
19. Stream buffers on the property shall be 75 feet which shall be comprised of a 35 foot undisturbed buffer and a 40 foot setback. Within said setback, there shall be no buildings, structures or other impervious surfaces (other than retaining walls which shall be minimized to the maximum extent possible). Additionally, the first 15 feet of said 40 foot setback (adjacent to the 35 foot undisturbed buffer) shall be revegetated with plant material (including, without limitation, native vegetation and trees) approved by the Director of Planning and Development prior to the issuance of a development permit. Finally, the amount of area within the 40 foot setback utilized for the construction of retaining walls shall be mitigated by a commensurate increase in the required 75 foot stream buffer in another location.
20. Trash storage area, mechanical equipment, and similar areas are not permitted to be visible from the street nor are permitted between the building and the street.
21. The Director of Planning & Development is authorized to approve changes to this plan regarding the placement of buildings provided that no reduction in buffers, or reduction in open space is permitted beyond the approved plan.
22. No outdoor speakers shall be allowed on the property.
23. Review of the final zoning site plan must be approved by the Planning Director prior to the issuance of a development permit.
24. All approved conditions must be recorded on the site plan and final plat.
All other original conditions of rezoning regarding Transportation, Parking, Landscaping, Signage and Uses remain as previously approved.
Councilmember Dugan asked about the reduction of open space from 30.2 to 25.9% being within acceptable range for Duluth’s open space requirements, and Ms. Stiebling responded that 20% is the required amount for these developments.
McCar representative Doug Straw came forward and clarified that there are two areas. The site plan as approved on January 9, 2006 had 123 attached and 91 detached residences. There are two reasons for the request; one is the change within the demands in the housing industry, and the other is their ability to create a better feeling neighborhood. He discussed Duluth submarket availability and sales statistics.
The development features homes with three side brick, square footage between 2,500 and 3,200 in a craftsman style, creating a more “Traditional Neighborhood Design” look and feel, with pocket parks, playground, sidewalks. Mr. Straw said the applicant feels this site plan gives them the opportunity to produce a superior product for the residents and the City.
Councilmember Mundrick asked if the lake was staying as is, if just the loop trail was being eliminated, and Mr. Straw confirmed.
Councilmember Dugan commended the applicants for the use of rear-loaded entries off the alleyway.
There being no further comments or questions, Mayor Lasseter closed the public hearing and called for a motion.
A motion was made by Councilmember Mundrick, seconded by Councilmember Hall, to approve the ordinance of rezoning modification for CASE A#0145A-07 with conditions as recommended by Staff and the Planning Commission.
Those voting for: Councilmembers Kirouac, Mundrick, Dugan, and Hall
Motion carried.
- ORDINANCE OF REZONING MODIFICATION – CASE A#0145A-07
- MATTERS FROM CITIZENS
- CONCERNS – PARKING ALONG DAVENPORT ROAD
Wolfgang Puck of 3075 Ennfield Lane came forward to discuss what he feels is a flagrant violation of city ordinances, by seeing as many as six cars parked on the grass in front of homes on Davenport Road, and also voiced concern about residents having extra concrete on the front lawns in the Duluth Pines area. He said that commercial vehicles were also parking there on a frequent basis.
The City Administrator responded that Code Compliance officers have been aware of the problem, but that most of the violations occur after regular business hours, which makes it more difficult to cite. Interim Planning Director Shelley Stiebling noted that up to 30% of front yard can be paved.
Mayor Lasseter asked Staff to address these concerns and report back to Council. - FUNDRAISING CONCERNS
Joe McMahon of 3895 Carriage Gate Drive came forward representing the Duluth Masons and said that in past years Duluth has been very open to allow solicitations on streets. This has been a principal part of raising funds for the Shriners, and he asked Council to reconsider the ordinance if they provide proof of insurance for their solicitors. He said that other groups from outside Duluth used to come into the city and feels that it would be fair to restrict them, but for the Shriners to be permitted.
Mayor Lasseter noted that the ordinance was changed at the recommendation of the Chief of Police due to safety concerns, and noted that Council and Staff had personally witnessed unsafe behavior as well, and asked that this be discussed at the next meeting since both the Chief and Councilmember Bomar were absent.
- CONCERNS – PARKING ALONG DAVENPORT ROAD
- MATTERS FROM COUNCIL/DEPT
HEADS/CITY ATTORNEY
- ANNOUNCEMENTS
Mayor Lasseter announced the passing of James Burnette, a former Suwanee Councilmember of 32 years, and asked everyone to keep his family in their prayers.
The Public Works Department announced a repair notification and said that Davenport Road will be closed to traffic between Windsor Gate Run and Delma court from April 2-6 for street repairs.
The American Legion motorcycle ride was held to raise funds for the living memorial. Councilmember Hall noted that it was a very impressive sight.
- ANNOUNCEMENTS
- EXECUTIVE SESSION
A motion was made by Councilmember Hall , seconded by Councilmember Mundrick to adjourn to executive session to discuss personnel and potential litigation.
All for. Motion carried unanimously. - ADJOURNMENT
A motion was made by Councilmember Mundrick, seconded by Councilmember Kirouac, to adjourn at 8:45 p.m.
All for. Motion carried unanimously.