city of duluth planning commission staff report august … · city of duluth planning commission...

CITY OF DULUTH

PLANNING COMMISSION

Staff Report

August 18, 2014

CASE NUMBER: Z2014-03

CURRENT ZONING: C-2 (General Business District)

PROPOSED ZONING: PUD (Planned Unit Development)

REQUEST: Rezoning from C-2 to PUD

LOCATION: Southwest intersection of Peachtree Industrial

Boulevard and Sugarloaf Parkway

PARCEL NUMBER: 7205 032

ACREAGE: 30.69 ± Acres

APPLICANT: Heather Correa

Fuqua Acquisitions II LLC

3495 Piedmont Rd., NE

Building 11, Ste. 905

Alpharetta, Georgia 30305

OWNER: Jackson Bandy

714 South Thornton Ave.

Dalton, Georgia 90720

STAFF RECOMMENDATION:

Approve with Conditions

City of Duluth Planning Commission

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I. LOCATION

Figure 1

Figure 1 above identifies the location of the proposed rezoning. The 30.69± acre site is at the

southwest intersection of Peachtree Industrial Boulevard and Sugarloaf Parkway. The site is

bound to the north by Peachtree Industrial Boulevard, to the east by Sugarloaf Parkway, to the

south by the Norfolk Railroad and Buford Highway, and to the west by Chattahoochee Drive.


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Figure 2

Figure 2 above shows that the proposed site is bound to the north by a residential neighborhood

zoned PRD (Planned Residential Development) and vacant land zoned C-2 (General Business

District), to the east by vacant land zoned C-2, to the south by commercially zoned vacant land

and single-family residential in unincorporated Gwinnett County, and to the west by a vacant

land zoned C-2 and a manufacturing facility zoned M-1 (Light Industrial District). Accordingly,

the proposed site plan and uses provide for compatibility with the adjoining land uses.


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II. PURPOSE AND DESCRIPTION OF THE REQUEST

Request for the rezoning of a 30.69± acre property identified as 0 Peachtree Industrial

Boulevard. The property is identified as parcel 7205 032. The legal description of said property

can be found as Exhibit “B” of this report. The property is currently zoned Duluth C-2 (General

Business District). The proposed zoning is Duluth PUD (Planned Unit Development). Generally,

the rezoning plan includes:

1. The disturbance of 30.69± acres of undeveloped land,

2. The subdivision of the 30.69± acre property into nine (9) parcels,

3. The parcels are proposed to contain a mixture of uses including an organic grocery store,

specialty shops and retail, personal care services, restaurants, parks and open space, a gas

station, and a luxury rental multi-family residential component.

The applicant intends to create a true mixed use development consistent with the spirit and intent

of the PUD zoning district.

III. BACKGROUND

Currently undeveloped, this 30.69± acre tract of land was originally proposed to be developed by

the Walmart Corporation. In 2008, although the use was inherently allowed in the C-2 zoning

district, Walmart Corporation decided not to purchase and develop the site.

In June of 2014, the City was approached by Fuqua Development with a proposal for a mixed

use development at the site.


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IV. REVIEW OF THE PLAN

1. Site Plan

Table 1 below summarizes the major features being requested by the applicant in the proposed

site plan shown in Exhibit “A” of this staff report.

Table 1: Site Plan Summary

Land Use Land Area

(AC)

Percent

Total

Building

Area (SF)

Percent

Total

Parking

Required

Parking

Proposed

Parking

Offset

Commercial Use

Anchor 6.98 23% 49,005 12% 245 209 -36

Outparcel 1 1.18 4% 4,307 1% 30 43 13

Outparcel 2 0.92 3% 2,693 1% 19 40 21

Outparcel 3 1.00 3% 3,909 1% 28 38 10

Outparcel 4 1.00 3% 10,000 3% 50 40 -10

Outparcel 5 0.97 3% 4,158 1% 29 37 8

Outparcel 6 2.36 8% 5,928 1% 28 43 15

Total Commercial 14.41 47% 80,000 20% 429 450 21

Residential Use 10.84 35% 318,450 80% 660 557 -103

Open Space 5.44 18% 0 0% 0 0 0

Total Site 30.69 100% 398,450 100% 1,089 1,007 -82

2. Compliance with Zoning Ordinance and Subdivision Regulations

Staff has reviewed the proposal and determined that the plan is consistent with the goals,

objectives and policies identified for Duluth’s PUD zoning district. The proposed mixture of land

uses shown in Exhibit “A” meet the requirements found in Section 1407.D of the Zoning

Ordinance. The intent of a Planned Unit Development is to provide for relatively large scale,

mixed-use planned developments, which incorporate innovative concepts of efficiency in land

use, public services delivery, energy conservation, and environmental preservation. The

proposed PUD makes maximum use of natural features and, through proper site planning

measures; it is designed to incorporate innovative concepts, maximize the land use to promote

efficiency in public service delivery and substantially conform to and support the existing

character and development pattern of the surrounding area.

3. Compliance with the Community Agenda

Although the proposed zoning plan meets the spirit and intent of the adopted Community

Agenda, staff has initiated a minor amendment to the Character Area Map to ensure full

consistency with the document and land use decisions. The Character Area Map of the


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Community Agenda currently identifies the site as a “Community Activity Center”. The

proposed minor amendment would identify the site as a “Special Plan Area”. This Special Plan

Area, known as the “Sugarloaf Tract”, is positioned well to attract a relatively large scale, mixed-

use planned development. The site is large enough and the location is prominent enough to

attract a development worthy of a Special Plan Area designation. The development of this site

should incorporate a mixture of uses including retail, restaurants, and residential.

The Uses and Intensities proposed in the Community Agenda for this area include predominantly

low rise commercial, retail and restaurant spaces with residential uses as a secondary function to

support the development. Office space and personal care service uses may also be appropriate,

but these uses should be considered tertiary in nature. The proposed amendment will identify that

residential densities up to 30 units per acre, not to exceed a height limit of four stories, are

appropriate to support a mixed-use development of this size and scope. Commercial intensities

are within a range 0.34 to 0.85 FAR, not to exceed a height limit of three stories.

The Major features of this proposed Special Plan Area are that it should be a pedestrian friendly,

master planned mixed-use development. Connectivity and walkability should be a key feature to

the development of this site. The site plan should incorporate parks, open space and well-

designed tree lined streets with landscaped medians to promote the health, safety and welfare of

pedestrians. The Community Agenda is proposed to identify PUD as the most appropriate zoning

district on this site to implement the goals, objects and policies identified in the Community

Agenda.

4. Architecture & Urban Design

The applicant has provided the City of Duluth with detailed building elevations, streetscape

elevations, and a landscaping plan to supplement the rezoning application. The detailed

elevations can be found as Exhibit “C” of this staff report. Staff has reviewed the submitted

documents and finds that the materials, finishes and general design of the proposed development

are consistent with the goals, objectives and policies identified within the Zoning Ordinance and

adopted Community Agenda.

5. Transportation, Traffic and Congestion

The applicant has submitted a preliminary traffic study that shows the anticipated effects of the

development on the surrounding transportation, traffic and congestion. The study can be found as

Exhibit “D” of this staff report. Staff has reviewed the study and finds that the development is

not anticipated to negatively affect the transportation, traffic and congestion of the surrounding

area. The applicant will be required, per condition 22, to complete a detailed traffic impact study

prior to the issuance of any development permits. Said study must be submitted to the City of

Duluth for review and approval. The applicant will be responsible for making improvements

recommended by the traffic impact study.


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V. Applicant’s Responses to the Zoning Application

In exercising the zoning powers granted to the Mayor and City Council in the Zoning Ordinance, the

City shall apply the standards below in considering zoning proposals. The following is a transcript of

the applicant’s responses to the standards:

1. Whether the zoning proposal will permit a use that is suitable in view of the use and development

of adjacent and nearby property.

Applicant’s Response: The proposal is similar to other developments in the area.

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

nearby property.

Applicant’s Response: The proposed use will not adversely affect the use of the surrounding

properties.

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

currently zoned.

Applicant’s Response: The Applicant believes that the property does not have a reasonable

economic use as commercial only.

4. Whether the zoning proposal will result in a use that will or could cause an excessive or

burdensome use of existing streets, transportation facilities, utilities, or schools.

Applicant’s Response: No, the proposed PUD will not.

5. Whether the zoning proposal is consistent with the Land Use Policy Plan, Comprehensive Plan,

transportation plans, or other plans adopted for guiding development within the City of Duluth.

Applicant’s Response: Yes.

6. Whether there is other existing or changing conditions affecting the use and development of

property that give supporting grounds for either approval or disapproval of the zoning proposal.

Applicant’s Response: No.


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VI. PROPOSED CONDITIONS:

The set of conditions proposed by staff are as follows:

General

1. The entire 30.69± acre development shall be governed by a Covenants, Conditions and

Restrictions document that must be submitted to the Department of Community

Development for review and approval prior to the issuance of any development permits.

2. All requirements imposed under this Ordinance shall be to the standards of the

development regardless of any change in ownership.

3. All conditions shall be shown on the final plat.

Uses & Intensities:

4. C-2 (General Business District) shall be the underlying zoning category for the

commercial portion of this development.

5. RM (Residential Multi-Family District) shall be the underlying zoning category for the

residential portion of this development.

6. The subject property shall be developed in accordance with Exhibit “A”, dated July 25,

2014, except as modified by the conditions contained herein, or filed in the office of the

Department of Community Development, Planning Division.

7. Outdoor storage of any kind at any time is prohibited.

8. Residential densities up to 30 units per acre, not to exceed a height limit of four stories.

9. Commercial intensities within a range 0.34 to 0.85 FAR, not to exceed a height limit of

three stories.

10. Residential development may consist of one bedroom, two bedroom and three bedroom

units. One bedroom units shall make up at least 50% of the total units. No more than 6%

of the total dwellings units may be three (3) bedrooms.

Architecture & Urban Design

11. The development shall be designed to substantially comply with the elevations as shown

in the attached as Exhibit “B”

Final building plans, including elevations and materials, for the development must be

submitted to and approved by the Department of Community Development prior to the

issuance of any development permits.


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12. The areas identified as “PARK” in Exhibit “A” shall be de designed as improved green

spaces that are to be utilized as gathering places. Detailed plans for the park areas shall

be submitted to the Department of Community Development for review and approval.

13. All retaining walls, as needed, shall be constructed of interlocking masonry block, brick

or other decorative material as approved by the Department of Community Development.

Timber walls are prohibited. All walls shall meet all City design standards and must be

included in the site development plans. All walls require a separate review and permit.

14. All refuse collection areas must be kept in a clean and sanitary condition and screened by

a decorative enclosure. A detailed elevation for trash enclosures shall be submitted to the

Department of Community Development for review and approval prior to the issuance of

any development permits. The enclosure shall incorporate primary design features of the

building. Said enclosure shall include a minimum six (6) foot high solid locking gate

painted to match the building. Said enclosures and gates must be kept in good repair at all

times.

15. The Covenants, Conditions and Restrictions shall include a provision that the site shall be

maintained clean, sanitary and free from litter at all times.

16. All mechanical equipment shall be screened to the grade of the building from the view of

any public street, public right-of-way or interior street. Type and materials to be used for

screening shall be reviewed and approved by the Department of Community

Development for each building prior to the issuance of building permit.

17. Drainage gutters and down spouts visible from any public street, public right-of-way or

interior street located on the exterior wall of buildings shall either be completely

concealed inside the proposed structures or designed to be integrated with the buildings

architecture. Drainage gutters and down spouts shall be included as part of the elevations

submitted to the Department of Community Development for review and approval per

condition 11 of this ordinance.

18. Developer shall provide underground utilities throughout the entire development.

19. Subject to approval by the post office, all mailboxes and mail delivery for the residential

portion of the development shall be located entirely enclosed in the approved residential

buildings.

Landscape & Fencing

20. A complete landscape and irrigation plan for the entire master site plan area shall be

submitted to the Department of Community Development for review and approval prior

to the issuance of any development permits.

Low-water use landscaping shall be installed and permanently maintained and

continuously provided in a neat and orderly manner including weed and trash removal on

a regular basis. Said condition shall also be stated within the Covenants, Conditions and


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Restrictions to ensure that the property owner(s) maintain the open space area. Each

planter area in a drive isle or parking area shall be enclosed with raised minimum 6–inch

concrete curbing. Each planter area shall be provided with automatic sprinkler system,

kept in good repair, to guarantee an adequate supply of water to fulfill the intent of

continual plant maintenance.

21. Decorative fencing at a minimum of six feet (6’) in height shall be incorporated to extend

along the entire south property line to separate the development from the Norfolk

Southern Railroad. Fencing type and locations must be approved by the Department of

Community Development prior to the issuance of any building permits for the residential

development.

Transportation & Parking

22. The applicant shall submit a complete traffic impact study to the City of Duluth prior to

the issuance of any development permits. The applicant shall make all improvements

recommended by the traffic impact study, provided the improvements are approved by

the City of Duluth and the Gwinnett Department of Transportation.

23. Sidewalks shall be constructed by the developer consistent with the locations, widths and

materials as shown on the proposed site plan in Exhibit “A” and elevations in Exhibit

“B”.

24. Written approval from the Gwinnett Department of Transportation concerning driveway

access to Chattahoochee Drive, Peachtree Industrial Boulevard and Sugarloaf Parkway is

required prior to the issuance of any development permits.

Roadways, Stormwater Facilities and Street Lighting

25. All streets shall be privately owned and maintained by the developer and/or property

owner. Streets shall be kept in good repair, free from defects in paving or striping, at all

times.

26. Developer shall install stormwater facilities to service the development. The owner(s)

shall be responsible for the construction and maintenance of all storm water facilities and

infrastructure.

27. Developer shall execute a development and performance agreement and submit the

necessary corresponding bonds for completion of the landscaping, sidewalks, and

stormwater facilities. Bond amount for both completion and maintenance shall be in an

amount determined by the Department of Community Development.

28. Developer shall install decorative street lighting within the development. A lighting plan

must be approved by the Department of Community Development prior to the issuance of

any development permits. The owner shall be responsible for the installation,

maintenance, and utility payments for all lighting within the development. The City shall

assume no responsibility for any of the costs of installing, repairing, maintaining, or

operating lighting within the development, including payment of monthly electric bills.


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Signage

29. A master signage plan shall be submitted to and approved by the Department of

Community Development prior to the issuance of any development permits. Billboards

are prohibited.

VII. PLANNING STAFF RECOMMENDATION:

Staff recommends approval of the proposed rezoning (Z#2014-03) based on the conditions

identified above.


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Exhibit “A”


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Exhibit “B”


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Exhibit “C”


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Exhibit “D”


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