Loganville City Council to vote on Tommy Lee Fuller townhomes Thursday

City has had a lawsuit filed against it regarding the development

The Loganville City Council is expected to vote Thursday on a rezoning that would greenlight the development of 131 townhomes on Tommy Lee Fuller Drive. This development has raised another controversy with citizens over multi-family units in the city. The case also is the subject of a lawsuit filed collectively on behalf of the owner, Logan/Miami LLC, the developer, Paran Homes LLC and CKK Development Services, LLC, the contract purchaser of the property.

The Planning Commission as well as the Planning and Zoning Department have recommended that the rezoning be approved. Since it was filed, Loganville has placed a 90-day moratorium on any more applications on multi-family units until officials have had an opportunity to reassess the whole issue of multi-family units. However, this rezone was already in the process at the time.

Attorney Douglas Dillard of the Dillard Sellers Law firm presented the case to the City Council at Monday’s work session. He noted that the property was originally zoned Office and Institutional for an additional development by what had been Southern Plantations, the senior living community that is now the Retreat at Loganville. The development would have including a 3-story building for independent living and 71 parking spaces.

“Since 2006, this site has been zoned for 146 residential units. We are asking for a conditional rezone to downsize to RM8 for 131 townhomes, eliminating the 3-story building. That is a 15 unit reduction from what it is currently zoned,” Dillard said, going on to say the homes would be for sale, each property would have a 2-car garage with minimum square footage for each unit of 1,600 sq ft and would average for about $250,000 each. He said the existing streets and infrastructure that was established between 2004 and 2006 would be used and the development would include a pool and a clubhouse. “RM8 is the only residential zoning that will ensure redevelopment.”

Dillard went on to say that the residential development is in keeping with the city’s own future use map and noted that there are residential developments adjoining the property, with the senior living development next to it and Alexander Crossing across the road.

City Councilwoman Linda Dodd, however, was concerned about the security of people living in the adjacent senior living community and wanted assurances that an 8 ft fence separating the two on the boundary line would be included in conditions.

Dillard agreed that was included. He added that in its own surveys Loganville had noted a need to attract new residents who already work in Loganville so they don’t have to commute.

“Traffic increase would not be increased by any more than in the current zone and in fact, it would be limiting it by 15 units,” he said. “The city’s own study notes that 94% of Loganville’s workforce leaves for work outside the city and 95% of its workforce commutes in.”

 But residents in attendance were not convinced and had many questions of their own.

Melanie Long asked, on behalf of Jancie Brockmeyer, on how the development would impact Walton County’s schools in the area. Planning Director Tim Prater said he had forward the plans to the Walton County Board of Education but had not heard back.

She also wanted to know what would be done about the traffic flow off of Tommy Lee Fuller Drive onto Conyers Road. Dillard noted that there would only be one entrance and said they would work with the city’s traffic people on that issue.

Long also asked, on behalf of Patti Wolf, why the city was not defending the lawsuit and wanted to know who was handling the legal fees. City Attorney Robyn Webb responded.

“I have represented this city for more than 20 years and do everything in my power to defend the city in the best way possible,” Webb said.

Paul Smith, of Village Place, requested that the city put in CCRs (Covenant, conditions and restrictions.) He noted it would be a win, win for the development as well as other residents in the surrounding properties. Dillard said that while the properties would be built for sale initially and that could be in the original declaration and covenants, which would be binding until the Homeowners Association took over. However, he did not believe restriction could be put in that the units could never be rented out should a purchaser decide they had a need to do that in the future. He said such a restriction also could run afoul of the Fair Housing Act.

Trisha Elliott wanted to know the number of bedrooms that would be included in each unit, noting that would have an impact on school overcrowding as well as traffic and police and fire. She also said a 55 and up community would be less of an impact and would be more in keeping with the area.

Dillard said that he did not believe that, as was the case with traffic, the impact on schools was a legal impediment to an application. He said he would look into whether a 55 and up community could be a consideration, but did not think that would have an impact on the traffic anyway, noting he and his wife were in their 60s and 70s and both still drove.

This item is back on the agenda for tonight’s vote. The City Council meeting is in person at 6.30 p.m. tonight, July 9, at Loganville City Hall.

The full agenda follows.

II. MAYOR AND COUNCIL ITEMS 

  1. Consent Agenda
    • Last Month’s Minutes
    • Last Month’s Financial Report
    • Tyler Technology Contract – $214,557.00
  2. FYE 06/30/2019 Audit Presentation 

III. COMMITTEE / DEPARTMENT REPORTS

  1. Planning & Development – Chairwoman Lisa Newberry
  • Case #R19-021 – CKK Development – Rezone 17.52 acres – O&I to RM8 – Multi-Family Residential 
  • Amendment to the Sign Ordinance – add classification for building signs for single establishments over 200,001 sq. ft. 
  • Updates / Reports 
  1. Finance / Economic Development – Chairwoman Anne Huntsinger 
  • Budget Update 
  • Updates / Reports
  1. Public Safety Committee – Chairman Jay Boland
  • Updates / Reports
  1. Public Utilities / Transportation – Chairman Bill DuVall
  • Updates / Reports
  1. Public Works / Facilities– Chairwoman Linda Dodd
  • Updates / Reports
  1. Human Resources – Chairman Danny Ford
  • Updates / Reports

VI. CITY MANAGER’S REPORT

  • Property / General Liability Insurance Update 
  • Updates / Reports 

V. CITY ATTORNEY’S UPDATES / REPORTS

  • Updates / Reports 

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