HomeMy WebLinkAbout05-15-2014 regular meeting
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City Council of Peachtree City
Meeting Minutes
May 15, 2014
7:00 p.m.
The Mayor and Council of Peachtree City met on Thursday, May 15, 2014, at City Hall. Mayor
Vanessa Fleisch called the meeting to order at 7:00 p.m. Other Council Members attending:
Terry Ernst, Eric Imker, Mike King, and Kim Learnard.
Announcements. Awards. Special Recoanition
Mayor Fleisch recognized Firefighter Josh Crawford for 10 years of service. Police Captain Stan
Pye presented the latest Community Emergency Response Training (CERT) class for graduation,
noting over 900 adults had been through the program since it began in 2005.
Presentation of Annual Audit
Financial Services Director Paul Salvatore introduced Dave Irwin of Mauldin & Jenkins, LLC, who
presented the results of the FY 2013 audit. Irwin said the City's management and City Council
were responsible for the finances, and it was Mauldin & Jenkins' responsibility as the external
auditor to express an opinion on the financial statements. Mauldin & Jenkins had issued a clean,
unmodified opinion, which was what the City wanted. This year's audit went extremely well,
according to Irwin. There were no audit findings. Irwin added he could not remember the last
time there was a finding in the City's finances. The Stormwater Utility and Amphitheater funds
were both operating in the black, self-sufficient.
1 O-Minute Talk
Margarette Coleman, President Peachtree City New Neighbors League
Newly-installed as president, Coleman gave a brief history of the New Neighbors League Club
(NNLC), noting there were 14 operations nationwide, each operating independently under
established guidelines and a local board and chapter director. Its business was to promote the
community to new residents and allow newcomers to meet others new to the area. The
Peachtree City club, founded in 1988, had local sponsors that provide the funds for the budget.
The NNLC was a not-for-profit organization with a wide range of activities. Their motto was fun
and friendship. The Peachtree City chapter had a Facebook page and a website,
www.newneighborsotc.com. Imker asked that a link to the organization be added to the City's
website.
Minutes
May 1, 2014, Regular Meeting Minutes
King moved to approve the May 1, 2014, regular meeting minutes as written. Learnard
seconded. Motion carried unanimously.
Monthly Reports
There were no comments on the Monthly Reports.
Consent AQenda
1. Consider Non- Profit Funding Request - Fayette Senior Services
2. Consider Non-Profit Funding Request - Promise Place
Learnard moved to approve Consent Agenda items 1 and 2. Ernst seconded. Motion carried
unanimously.
Old Aaenda Items
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04-14-02 Public Hearing - Consider Rezoning Request for 86.7 -acre tract in Wilksmoor
Village (John Wieland Homes and Neighborhoods), GI to GR-4
Fleisch recused herself from this agenda item, noting that another realtor she worked with had
contracted with John Wieland Homes and Neighborhoods to sell the homes in this development.
In order to avoid the appearance of impropriety, Fleisch said she would abstain from any vote
concerning the rezoning of this property. She asked Mayor Pro-tem Learnard to take over this
portion of the meeting.
Planning & Zoning Administrator David Rast addressed Council, noting the 86.7-acre tract was
located immediately north of the Centennial subdivision. The request was to rezone the tract
from General Industrial (GI) to General Residential (GR-4). The parcel was landlocked, with no
direct access. Access would be from the future development of MacDuff Parkway. Rast gave
an overview of the property surrounding the tract, including the annexation area located to the
west of the subject tract. The Wieland tract to the south of the annexed area was planned for
475 homes, and the Scarbrough tract to the north had been approved for 650 homes.
There were some smaller parcels adjacent to Wilksmoor that were not planned as of the
meeting, according to Rast. The Lee tract was located in Tyrone and had been designated for
industrial use. The Davis property, a 36-acre tract located in unincorporated Fayette County
was designated as low-density residential. Pathway Communities owned another nearby tract
that was also located in Tyrone.
The remaining properties were located within the City limits. Rast said another portion of the
Lee, Kidd , Hardy, and the Whitlock tracts were annexed by the City a few years ago and were
designated as residential. The 24-acre McWilliams tract to the north of the applicant's property
was zoned GI.
Rast continued that Wieland proposed changing the land use to residential and rezoning the
87.26-acre tract to GR-4, with a density of 2.34 units per acre and 204 total lots, which was
consistent with the density in Centennial to the south and Chadsworth to the west. He pointed
out the density of Wieland's annexed tract was 1.25 units per acre. There was not a plan for the
McWilliams tract. The tract was bordered to the east by the CSX rail line and SR 74. There were
residential subdivisions approved and developed in the area, and there were approved
residential subdivisions waiting to be developed.
Rast pointed out the area, including this parcel. had been looked at over the years by various
task forces, staff, and developers, and there had been a number of plans. Originally, all of the
land now zoned residential had been zoned industrial. and no industrial had ever gone into the
area. The Land Use Plan designation had changed to residential. In the 1995 Land Use Plan
update, the recommendation was that all the undeveloped tracts in Wilksmoor be designated
as single-family cluster instead of industrial. They had also recommended changing the Land
Use designation from industrial to residential. but the designation had never changed on the
Land Use map. A number of studies and plans had come through after that, and all proposed
residential use.
The landfill known as the Peach Pit was located in the center of the 87.26-acre tract, and a
portion of a Georgia Power transmission station, which was bermed and landscaped, was
constructed on the property. There was an at-grade railroad crossing on SR 74 at the Comcast
property. Staff met with CSX Railroad a few years ago to talk about using the crossing as access
to the property, but CSX preferred to close the crossing once MacDuff Parkway was extended
and access was provided to the Comcast tract internally.
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Rast said this plan for 204 units was the least dense plan of any proposed for the tract. The
Planning Commission had recommended approval with a number of conditions. Staff
recommended approval with the conditions suggested by the Planning Commission.
Jeff Kingsfield, division president of John Wieland Homes, spoke to Council, noting that John
Wieland Homes & Neighborhoods had recently celebrated its 42nd anniversary. The last seven or
eight years had been difficult with the significant housing recession, but there had been
improvement over the last year. The company had built 36 neighborhoods in Fayette County
since 1982. Kingsfield said they were a semi-custom builder with six architects on staff. All the
homes were designed in Atlanta, and they were constantly looking for ways to innovate floor
plans. They were one of the few builders in Atlanta that offered a 20-year warranty, and they
made sure the homes were absolute quality. Fayette County was losing buyers to other counties
because there were no new homes.
Jonathon Love, director of land planning for Wieland, said the proposed site plan for the tract
would leave the area mostly green. The project was planned for all phases of life. There would
be two golf cart tunnels under MacDuff Parkway to connect the site to the path system. The
entrance to the subdivision would have a park, and there would be a large array of housing
products. There would be a large park on Centennial side of the site. Some of the homes would
have rear or detached garages with entry from an alley.
Dan Fields of John Wieland Homes addressed Council to address many of the legal questions
associated with such a request. First, was the proposed zoning suitable with the use of adjacent
and nearby properties? Fields said the current industrial zoning was incompatible with the
adjoining residential. allowing uses such as concrete plants, distribution facilities, research
laboratories, and self-storage facilities, and more. The proposed zoning was suitable in view of
the uses and the development of adjacent and nearby properties. The only other village with
industrial zoning was Kedron, which had one 2.5 acre tract. He continued that the proposed
residential zoning would decrease the peak traffic counts by almost five times than the traffic
that could be generated by an industrial use. Approval of the proposed zoning would provide
Wieland Homes & Neighborhoods with the momentum to proceed with the completion of
MacDuff Parkway, including an 80-foot right-of-way. Fields said the traffic estimates were
provided by QK4, the company that worked with the Georgia Regional Transportation Authority
during the annexation in 2007.
Fields continued that the rezoning was consistent with nearby uses and created a "sense of
place" by strategically placing diverse housing types and lifestyles surrounded by open spaces,
pocket parks, and appropriate buffers. There would be a variety of architectural styles and
different sizes of homes to address the different lifestyles of the diverse people who lived the City.
With the approval of the annexation and the Development of Regional Impact (DRI)
recommendations, the only access to the property was from MacDuff Parkway. With MacDuff
Parkway as the only access to the property, it was unlikely the property had a reasonable value
as it was currently zoned. During the annexation process, the City and Council agreed to close
off any access over the railroad tracks. Because of that, the MacDuff Parkway extension was
the only access.
The next question was whether the proposed zoning would create excessive or burdensome use
of existing streets, utilities, or schools. Fields said it would not, noting it would provide a diverse
housing type that would appeal to a whole array of ages, situations, and lifestyles, reducing the
impact on transportation, utilities, and schools compared to what could be built under the
current zoning.
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Fields continued that, in the 1995 Land Use Plan update with the anticipation of developing a
village on the west side of SR 74, it was recommended the subject tract be designated as
residential with a density not to exceed four units per acre. The adjoining Centennial
neighborhood to the south was rezoned from GI to GR-4 in 2001, and the Land Use Plan was
changed to reflect the zoning at that time. The DRI study included the subject property as
residential neighborhood and included 340 units. During the Wilksmoor Village annexation of the
adjoining 782 acres, a citizen task force looked at the subject tract and recommended a total
of 340 residential units, split between single-family residences, townhome units, and
condominiums. The proposed plan for 204 homes met the needs of people today.
Kingsfield said he understood the traffic concerns for SR 54 and SR 74, and relief would be
offered by the completion of MacDuff Parkway. The plans for the road had been submitted to
the City for approval. It would take 60 or more days to review the plans and get ready for
construction. Mobilizing for construction would take another 30 days. It would take
approximately nine months to complete the majority of the road, with another five months to
complete the road and the bridge over the railroad. If the rezoning were approved, it would
take 60 days to complete engineering plans, and another 90 days for approval of the plans.
Another 30 days would be needed for permits. It would take approximately six months to put
the infrastructure in for the first phase, and six months to build the homes. It would be 16 months
before the first resident could move in.
Kingsfield continued that the Planning Commission had recommended that there be no home
sale closings until the road was completed, but no bank would provide funding for vertical
construction until they knew for certain the homes would be occupied. If the road had to be
completed before residents could move in, then occupancy was 21 months from out. It was
difficult to invest approximately $6 million on the road to not get a return on investment for two
years.
Kingsfield asked Council to approve the rezoning as submitted and to allow the construction of
up to 50% of the homes prior to the completion of MacDuff Parkway. They were prepared to
agree to commence construction of the road as soon as they received the approved plans.
They understood the City's traffic study might impact MacDuff Parkway, and they were willing to
work with the City when the traffic study came back, working to implement any changes
recommended to MacDuff Parkway as long as the costs did not exceed the original
construction cost. Any additional expense should be borne by the City. They were willing to
work in partnership with the City to get the road completed.
Learnard opened the public hearing.
Andy Bearden spoke in favor of the rezoning, adding John Wieland Homes & Neighborhoods
had been his customer for 15 years. He noted he and his wife were almost empty nesters, and
they were looking for another place to live in the City. There were no options for a new home in
the City at this point.
Marianne Boicourt said she wanted MacDuff Parkway completed before she retired from the
airlines. She had waited 12 years for the road. New homes were needed too.
Tamara Bourne, a realtor in the area, said she did not actually have a contract to sell the
homes. She had a client base of 5,000 - 7,000, and they were all looking for master on main
homes, good school systems, and new construction. People were lost to other counties
because there were no new homes.
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No one spoke in opposition. The public hearing closed.
King said everyone had waited long enough for the completion of MacDuff Parkway. A
previous Council had agreed to the rezoning of the parcel. If this body agreed to rezone the
property at that time, then it did not seem honest to change that now. Wieland was providing
the opportunity for what was wanted in the City, homes for younger families.
Ernst said MacDuff Parkway needed to be finished. He asked if there would be any ranch style
homes. There were citizens looking for them. Kingsfield said the only reason for the upstairs was
for the extra storage space. John Wieland wanted people to get something for their money.
Two of the styles were essentially two and three bedroom homes, with a bonus room upstairs.
Learnard asked if the development would be marketed for active adults. Kingsfield said it would
be a mixed use community, not an exclusive one. There were homes that would be attractive
to young families and to active adults. These were product types that could overlap. The
neighborhood would be connected by sidewalk and cart path, and they would share one
amenity package.
Learnard asked about the access for construction trucks, asking if there was not approximately
1,500 linear feet of road that had to be built before the homes could be started. Kingsfield said
that was true. The drawings had been submitted, and the 1,500 feet would be done
immediately. He continued that the construction traffic would put more cars on the road, but
peak traffic would be opposite of the normal traffic on MacDuff Parkway.
Learnard asked about the current status of the MacDuff Parkway construction. Kingsfield
reiterated the plans had been submitted. There was an agreement with Brent Scarbrough &
Company, the developer for the remainder of the annexed property, to begin construction as
soon as the plans were approved. They were also in discussions with Colter, the active adult
community under contract with Scarbrough, and they had agreed to fulfill the commitment for
the other half of the funding for the road. The final agreement was being drafted.
Imker noted one of the conditions for the 2007 annexation was the completion of MacDuff
Parkway prior to issuing any certificates of occupancy. The money from the home sales would
reimburse the contractor for cost of the road. Now they wanted to change the terms of the
agreement to issue certificates of occupancy for this parcel to help pay for the road the
developer previously said would be paid for by the sale of homes in the other tracts. Imker said
the developer would build the parkway whether they got the annexation or not.
Kingsfield pointed out that this parcel had always been located inside the City limits and had
not been part of the negotiations for annexation. If they had decided to develop the subject
tract as an industrial use, the developer would not have been obligated to build the MacDuff
extension, only what was needed to get to the property. In 2007, no one could have foreseen
what happened with the economy. At that time, both developers had money in the bank that
could have prefunded everything two years in advance of closing. The recession had taken all
of the money from the bank. They wanted to develop this property that had always been inside
the City limits as residential, which was a better use than industrial and had a lower impact on
the road. Although it might appear they were trying to trade, they were only trying to get the
road built. The funds from these homes would allow them to build the road more quickly.
Imker said having a residential community next to the railroad tracks was objectionable. He
believed Cedarcroft was a mistake with homes next to the tracks. People did not always realize
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the tracks were there, and the value of the property might not be the same two generations
later. He was not prepared to make the same mistake again.
Kingsfield said the buffers from the railroad in this neighborhood would be the same as those
from Centennial, and they had heard no complaints. In addition, based on the conversations
with CSX, closing of the at-grade crossings would make this entire section of the railroad tracks a
quiet zone, which would improve the lifestyle of every neighborhood in the area.
Imker referred to the residential land use designation of the GI zoned tracts on the west side of
SR 74 and the recommendation of the 2006 DRI. saying that did not commit Council to any
action and had been done specifically for traffic study purposes. The Fayette County
Development Authority (FCDA) was looking for acreage for industry in the City. If the City
changed the zoning, then that possibility would be gone. It would change the additional GI-
zoned acreage to the north. He said the annexed area should be built out first to see what the
traffic looked like before rezoning this tract. Cut through traffic could overwhelm the area.
General Industrial zoning was valuable, and an internal road for an industrial area could be built
to keep that traffic off MacDuff Parkway. This property was more valuable than any other tract
in the City, because of the topography and access to the railroad tracks and SR 74. Imker felt
the threat of a constitutional challenge in the documents provided to Council was without merit
and was based on improper grounds. He believed the Planning Commission panicked when
they saw the letter, but he was not threatened by a lawsuit if the rezoning was not approved.
Learnard asked about sewer connections. Kingsfield said a lift station would be needed for both
projects. There would be a force main on MacDuff Parkway that would connect to SR 54.
Learnard asked about the old garbage dump known as the Peach Pit. Kingsfield said they had
a study conducted on the Peach Pit, and it had gotten a clean environmental report. No
homes would be built near the Peach Pit. It was planned for a passive park, and they were
looking at ways it could be used.
Learnard asked about golf cart path connectivity and tunnels. Kingsfield said they were in the
early stages of the design phase for the amenity area, but there was a path used to service the
Oglethorpe Power station, which would be great for a north-south connection. Paths would be
integrated to the individual parks, and there would be two tunnels under MacDuff Parkway.
King noted that the timeline for this parcel was 16 months, and asked if Kingsfield knew the
timeline for the Scarbrough property. Kingsfield said he had met with division president of Colter,
and their due diligence should expire this week. They had found no problems that would keep
them from moving forward. The attorneys were working on their development agreement. It
appeared to be all systems go. They should immediately proceed with their development.
Kingsfield said they would also have to finalize their permit with CSX, which had been on hold for
the last seven years. CSX called the developer every year because of the importance of
getting the at-grade crossings removed. Once the developers were ready to proceed with
construction of the bridge over the railroad tracks, a CSX employee would monitor the
construction every day.
Ernst clarified that the first homes would go on the market in 16 months, and the road should be
opened in 17 months. Kingsfield said that was correct, assuming no delays due to weather or
other problems.
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Learnard clarified that CSX was anxious to close the railroad crossings, asking how many there
were. Kingsfield said they were, and there were three crossings. Imker asked what the guiding
principle was to close the crossings. Kingsfield said it was the alternative access to the bridge
over the tracks, and there would be simultaneous traffic.
Imker noted the timeline was wrong and should be 17 months and 18 months, but that was
immaterial. He said the whole thing was about money and the soul of Peachtree City. He was
not prepared to sell the soul of the City for money. It was not about the 204 homes for this tract,
but the other 400 homes north of the tract. They had no idea what the traffic impact would be
once the 1,1 00 homes on the other side of MacDuff were built. He saw no reason to rush. The
developer could get the money he needed from 200 homes on the west side of MacDuff just as
well. There were many arguments to keep the tract as GI. This Council. two councils ago,
purposely kept the property industrial. The decision was unanimous, and they all signed the
documents for the official Land Use Plan and Zoning Map indicating the parcel would be
industrial in 2010. Future politicians would have to deal with it.
Learnard said Imker's point was well taken, asking why the first 200 homes were not on the other
side of MacDuff Parkway. Kingsfield said he could not build 200 homes there because of the
current restriction on the road. No bank would lend the developer $6 million for system
improvements without an assurance there would be homes for a return on investment. It was not
just about money, but solving two issues in the area - traffic and new homes in Peachtree City.
No one had approached them to buy the property for an industrial use. Without any access to
SR 74, the possibility of an industry locating on the property was eliminated. When the Council
approved the zoning for Centennial from industrial to residential, the tide had shifted. The City
needed residents, and it needed new homes.
King said Imker's heart was in the best interest of the City, but they all had different opinions.
They owed the residents of Centennial another exit. To not develop the property now was just
kicking the can down the road.
Learnard noted that the Planning Commission had several stipulations, and she had no problems
with 12 of them. She had problems with # 1 and # 14. The Planning Commission conditions
included:
1. The Applicant or their successor, shall be responsible for funding a traffic study of the
existing intersections on MacDuff Parkway, including the HWY 54/ MacDuff Parkway
intersection, to determine if improvements are warranted at these intersections
based on the additional traffic that may be generated by the proposed subdivision.
The Applicant shall also be responsible for funding enhancements to these
intersections, at their sole expense, if and when traffic warrants justify these
improvements. The city shall be responsible for right-of-way acquisition to
accommodate these improvements and, based on the recommendations of the
City Engineer and/ or the city's Traffic Consultant shall make the final determination
as to the need for such enhancements.
2. The portion of MacDuff Parkway that will be constructed to provide access to these
tracts shall be constructed in accordance with the road construction plans on file
with the City Engineer.
3. A detailed multi-use path plan shall be submitted along with the concept plat.
4. A city-owned greenbelt of no less than 50 feet wide shall be maintained along the
southern property line. Except for perpendicular utility crossings, clearing and/ or
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grading shall not be permitted. stormwater detention and/ or water quality features
shall not be permitted within this greenbelt. This property shall be deeded to the city
as a part of the final platting process.
5. A city-owned greenbelt of no less than 50 feet wide shall be maintained along the
northern property line. Except for perpendicular utility crossings, clearing and/ or
grading shall not be permitted. stormwater detention and/ or water quality features
shall not be permitted within this greenbelt. This property shall be deeded to the city
as a part of the final platting process.
6. A tree save and landscape buffer of no less than twenty-five (25) feet in width shall
be maintained at the rear of all lots abutting the Oglethorpe Transmission power line
easement. Clearing and/ or grading within this buffer, except for perpendicular
utility crossings, shall not be permitted. This buffer shall be identified on the final plat
and included within the Deeds and Covenants recorded for the subdivision.
It is understood the homes on these lots will have garages located behind the
homes and the garages will be placed in such a manner as to provide additional
buffering between these lots and the transmission line easement. Where applicable,
a fence will also be provided between the garage and the home on the adjoining
property.
7. Existing vegetation in all areas identified as open space and/ or buffer along the
perimeter of the overall development shall be preserved to the greatest extent
practicable prior to, during and following construction activities. It is understood
storm water facilities may be located within these areas. It is also understood the
areas identified as internal parks and open space will be cleared and graded to
create open, passive park areas within the development similar to those within the
adjoining Centennial subdivision.
8. The overall development shall comply with the city's post-construction stormwater
runoff management ordinance and provide water quality Best Management
Practices (BMP's) on greenbelt areas dedicated to the city.
9. The location of the floodplain shall be field located and surveyed prior to
preparation of the engineering drawings. Absolutely no development shall be
permitted within the floodplain.
10. The maintenance of all internal parks, landscaped areas, signage and subdivision
entrances shall be the sole responsibility of the developer and/ or the Homeowner's
Association.
II. The Applicant shall establish deed covenants for the overall subdivision that shall limit
rental units to no more than 20 percent of the total number of dwelling units in the
subdivision. The covenants shall provide for the strict enforcement of the limit on
rental units, and the developer shall establish the administrative structure for that
enforcement prior to sale of the first dwelling unit in the subdivision.
12. The developer shall pay impact fees for each residential lot within the subdivision as
identified within the city's Impact Fee Ordinance.
13. No less than a one hundred (lOa) foot-wide city-owned greenbelt shall be provided
between the rear property line of all lots along the eastern property boundary and
the CSX rai/line. Clearing and grading shall not be permitted within this area. This
area shall be deeded to the city as a part of the final plat process.
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A statement addressing the proximity of the development to the CSX rail line shall be
developed with the involvement of City Staff, the City Attorney and the developer.
This statement shall appear on the final plat and in the Deed Restrictions and
Covenants for the overall development.
14. It is understood the rezoning applies to the entire tract of land, and the property is
zoned for no more than 204 residential units. It is also understood that, until such time
that MacDuff Parkway is complete and open to traffic, no units shall be permitted
for construction.
City Attorney Meeker said there had been different language in the regular agenda packet,
with a blank left for the number of units that were to be permitted for construction. The Planning
Commission changed the wording to "no units shall be permitted for construction." Using the
language in Item 14 in the position paper in the agenda packet would be a good starting point.
King said he had no problem with 50% of the homes being permitted for construction. Learnard
suggested the wording be "certificates of occupancy for 100 homes" for condition # 14. There
was a brief discussion whether the wording should be permits for construction or certificates of
occupancy.
Kingsfield said he could not start vertical construction if there were restrictions on the certificates
of occupancy. He asked for 50% or the completion of 102 homes before MacDuff was
completed, adding the weather, permits, and CSX were out of the developer's control. He did
not want to limit their ability to build, sell, and close on homes due to elements out of their
control.
Learnard suggested that no more than 100 units be issued a certificate of occupancy until
MacDuff Parkway was completed and open to traffic. Kingsfield said that would work.
City Engineer Dave Borkowski addressed condition # 1. He said while reviewing an earlier traffic
study for the rezoning, an error was found. The DRI traffic study that dealt with the Wieland and
Scarbrough tracts had not analyzed the proposed traffic impacts on the existing intersections on
MacDuff Parkway. They looked at the proposed intersections on the new section of MacDuff
and at the state routes, but not the existing intersections. There needed to be a request for
those to see what the impacts would be of this rezoning and the annexation. The City needed
to understand the traffic impact on those intersections.
Learnard added the condition also required the applicant to fund any enhancements that
might be needed at those intersections when justified by traffic warrants. The City would
acquire the rights-of-way and would determine when the enhancements were needed.
Learnard said no one would agree to that.
King agreed, saying the City was asking the developer to do something that had not been
thought of previously. Borkowski said the wording might have changed, but the intent was to
require the developer to study the existing intersections along MacDuff Parkway to see if
improvements were needed and to make those improvements.
Ernst asked if the City's current study was looking at the existing intersections. Borkowski said it
was not.
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Imker said the condition read like the City was requiring the applicant to spend additional
money on the SR 54 intersection as well as the new intersection with SR 74. Borkowski said it
would not include the SR 54 intersection, and the City already knew there needed to be
improvements there as soon as possible. Imker said SR 54 was identified as one of those
intersections, adding possibly $1 million to the applicant's bottom line. Borkowski said that would
need to change. King suggested deleting the condition.
Community Services/Interim Public Services Director Jon Rorie said staff had met that day to
review condition 1, and there were currently needs at MacDuff Parkway and SR 54. If 200 homes
were added, that impact would increase. But it did not make sense to push the developer to
something that was unknown. Staff felt the condition should either be modified or deleted. King
supported deleting condition # 1 entirely, adding it was the City's responsibility south of the
property. There would also be impact fees.
Imker referred to condition 3:
3. A detailed multi-use path plan shall be submitted along with the concept plat.
Imker said the condition should include two tunnels under MacDuff and associated connections
to the east side of SR 74. Kingsfield said there would be no tunnels under 74 because the bridge
would cross SR 74. The tunnels under MacDuff would connect each side. Imker asked how the
development would get to the bridge. Kingsfield said it would be part of the detailed plan.
Rast said there was a tunnel under SR 74 in the Belvedere and Sagamore subdivisions to Kedron
Fieldhouse. There would be path parallel to MacDuff Parkway and another within the
transmission line easement. The path would connect to the existing path on the northern end of
Centennial. The cart/path bridge over the railroad would be part of the vehicle bridge over the
railroad. Rast showed how the path connections would work.
Phil Jones, president of the Chadsworth Homeowners Association (HOA), said he had been
inundated with concerns from his neighborhood. The Chadsworth residents had to drive their
golf carts on MacDuff Parkway to get to the cart path system connections in Centennial or to go
north to Franklin Ridge. His residents could not get out safely in a golf cart, and construction
vehicles would be added to the current traffic.
Learnard asked what could be done. Borkowski said staff was trying to get an easement on the
old school property that had reverted back to Wieland's ownership. Kingsfield said they would
be happy to provide an easement across the old school property. They just needed to figure
out the design. They had been in contact with the Fayette County school superintendent to
discuss possible uses for that tract. Imker wanted the easement included in the motion.
Imker referred to condition 10:
10. The maintenance of all internal parks, landscaped areas, sign age and subdivision
entrances shall be the sole responsibility of the developer and/ or the Homeowner's
Association.
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May 15. 2014
Page 11
Imker asked who would be responsible, the developer, HOA, or the developer responsible to a
certain point, then reverting to the HOA. Learnard said the condition exempted the City. Imker
asked what would happen if there was an argument between the developer and HOA.
Fields clarified that the developer deeded common area property to the HOA, who would be
responsible for all the maintenance in common areas in perpetuity. Imker asked what the
defining milestone would be. Fields said when an amenity was completed, it was recorded. An
amenity included a park, clubhouse, or open space. Imker asked if those were the last items
built. Fields said they were typically built up front.
Imker asked staff if this condition was a problem as far as when the transition occurred. Rast said
it was not. and it took the City out of maintaining the common areas. Many of the later
subdivisions in the City had the same condition for their amenities. There was a two-year
maintenance guarantee where staff inspected the amenities to ensure they complied with what
was permitted. When an HOA was formalized, the responsibilities transitioned from the
developer to the HOA.
Imker asked if there was a new impact fee ordinance or if one was on the way. City Manager
Jim Pennington said not yet. Imker asked which impact fee ordinance would prevail for this
development. Meeker said it would be the ordinance in effect at the time the developer
sought permits. Imker said the impact of a change to the ordinance should be considered.
Pennington said the amount of the impact fees might not change, but what the money could
be used for would change to being available for infrastructure. Pennington did not anticipate
any increase in the impact fees based on the study that was being conducted.
Imker asked if there could be something in the conditions that required home buyers to know
about the existence of the railroad tracks when the property changed hands. Meeker said that,
from a legal standpoint, the information was in the covenant and deed restrictions and the
public was considered on notice of what was back there.
Learnard moved to approve subject to the conditions established by the Planning Commission
with three exceptions - delete condition # 1, change the language regarding golf carts and
easement to facilitate golf cart path construction on the 17-acre tract for the proposed school
in condition #3 (now 2), and the last sentence of # 14 (13), no more than 100 certificates of
occupancy issued. King seconded. Motion carried 3-1 (Imker)-l (Fleisch).
The conditions with the changes included:
1. The portion of MacDuff Parkway that will be constructed to provide access to
these tracts shall be constructed in accordance with the road construction
plans on fite with the City Engineer.
2. A detailed multi-use path plan shall be submitted along with the concept plat.
This property for the easements shall be deeded to the city as a part of the final
platting process.
The Applicant shall provide a multi-use path easement of no less than 20 feet in width
across the front portion of the 17.2-acre tract of land north of Chadsworth Way,
which will allow the city to construct a multi-use path from Chadsworth Way to
Franklin Ridge Drive.
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May 15, 2014
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3. A city-owned greenbelt of no less than 50 feet wide shall be maintained along
the southem property line. Except for perpendicular utility crossings, clearing and /
or grading shall not be permitted. stormwater detention and/or water quality
features shall not be permitted within this greenbelt. This property shall be
de e d e d to the city as a part of the final platting process.
4. A city-owned greenbelt of no less than 50 feet wide shall be maintained along
the northern property line. Except for perpendicular utility crossings, clearing
and/or grading shall not be permitted. stormwater detention and/or water
quality features shall not be permitted within this greenbelt. This property shall be
deeded to the city as a part of the final platting process.
5. A tree save and landscape buffer of no less than twenty-five (25) feet in
width shall be maintained at the rear of all lots abutting the Oglethorpe
Transmission power line easement. Clearing and / or grading within this buffer,
except for perpendicular utility crossings, shall not be permitted. This buffer shall
be identified on the final plat and included within the Deeds and Covenants
recorded for the subdivision.
It is understood the homes on these lots will have garages located behind the
homes and the garages will be placed in such a manner as to provide
additional buffering between these lots and the transmission line easement.
Where applicable, a fence will also be provided between the garage and
the home on the adjoining property.
6. Existing vegetation in all areas identified as open space and/or buffer along the
perimeter of the overall development shall be preserved to the greatest extent
practicable prior to, during and following construction activities. Itisunderstood
storm water facilities may be located within these areas. It is also understood the
areas identified as internal parks and open space will be cleared and g ra d e d
to create open, passive park areas within the developm ent similar to those within
the adjoining Centennialsubdivision.
7. The overall development shall comply with the city's post-construction stormwater
runoff management ordinance and provide water quality Best Management
Practices (BMP's) on greenbelt areas dedicated to the city.
8. The location of the floodplain shall be field located and surveyed prior to
preparation of the engineering drawings. Absolutely no development shall be
permitted within the floodplain.
9. The maintenance of all internal parks, landscaped areas, sign age, and
subdivision entrances shall be the sole respon:ibility of the developer and lor the
Homeowner's Association.
10. The Applicant shall establish de e d covenants for the overall subdivision that shall
limit rental units to no more than 20% of the total number of dwelling units in
the subdivision. The covenants shall provide for the strict enforcement of the limit
on rental units, and the developer shall establish the administrative structure for
that enforcement prior to sale of the first dwelling unit in the subdivision.
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May 15, 2014
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11. The developer shall pay impact fees for each residential lot within the
subdivision as identified within the city's Impact Fee Ordinance.
12. No less than a one hundred (100) foot-wide city-owned greenbelt shall be
provided between the rear property line of all lots along the eastern property
boundary and the CSX rail line. Clearing and grading shall not be permitted within
this area. Tlis area shall be de e d e d to the city as a part of the final plat process.
A statement addressing the proximity of the development to the CSX rail line shall
be developed with the involvement of City Staff, the City Attorney and the
developer. This statement shall appear on the final plat and in the Deed
Restrictions and Covenants for the overall development.
13. It is understood the rezoning applies to the entire tract of land, and the property
is zoned for no more than 204 residential units. It is also understood that, until such
time that MacDuff Parkway is complete and open to traffic, no more than 100
Certificates of Occupancy shall be issued for homes within the
development.
Learnard relinquished the chair to Fleisch.
New Aaenda Items
05-14-03 Public Hearing - Consider Text Amendment and Clarification of Development
Agreement Stipulations within LUC-16 Zoning Ordinance (Lexington Circle)
Rast pointed out this was a text amendment to the LUC-16 zoning for Lexington Circle. He
reminded Council that the zoning ordinance had been approved by City Council. but the
development agreement did not follow the zoning procedures law. Amending the ordinance
would bring it into agreement with the development agreement, which would still be in effect.
The language in the development agreement included what uses were and were not
permitted, and if approved, that language would be part of the ordinance. The Planning
Commission held a workshop and public hearing. One property owner had one concern and
wanted to ensure the changes would not impact his plans for his property, and Rast said they
would not. Assisted living had been taken out as a permitted use based on Council's decision to
not lift the multi-family moratorium on April 17.
Fleisch noted staff had generated the change, so there was no applicant. She opened the
public hearing. No one spoke for or against the amendments. The public hearing closed.
King moved to approve agenda item 05-14-03 Consider Text Amendment and Clarification of
Development Agreement Stipulations within LUC-16 Zoning Ordinance (Lexington Circle). Ernst
seconded. Motion carried unanimously.
Council/Staff Topics
Pennington said there had been a meeting on May 13 with Safe Dams, but there was still no
direction regarding the spillway. He read a statement County Administrator Steve Rapson had
sent to the Board of Commissioners:
Staff had a meeting with Safe Dams on Tuesday evening concerning Lake Peachtree
and the spillway. We are in the process of reviewing the detailed reports and will
plan on bringing options to the May 22 meeting for your guidance and direction.
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May 15, 2014
Page 14
Imker referred to the legal expense report for April, noting there was one item every month
labeled Mrosek. In April, more than $3,000 had been spent. Every month $1,000 or more was
spent on this lawsuit, and it would be higher next month because Imker had been deposed the
prior week. He said four lawsuits had been filed by the same person for the same thing since
2011. It was also costing the Georgia Interlocal Risk Management Agency (GIRMA), the City's
legal insurance entity. The point was the citizens could continue to expect their money to be
spent monthly on this lawsuit. If the City prevailed, the City Attorney had been directed by
Council to seek recovery of costs and fees.
Learnard said she had attended the Lisa Kelly concert on May 8, which was fabulous
international quality music. She hoped there would be another concert at Christmas.
King moved to convene in executive session to discuss real estate, pending or threatened
litigation, and personnel at 9:16 p.m. Learnard seconded. Motion carried unanimously.
Learnard moved to reconvene in regular session at 10:05 p.m. King seconded. Motion carried
unanimously.
There being no further business, Ernst moved to adjourn the meeting. Imker seconded. Motion
ca~:un:nimOUSIY The meeting adjourned at lr p.m. ~ '
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Vanessa Fleisch, Mayor