RE: Requested entrance change to Morton Road for RZ for the property at 10655/10725 Jones Bridge Road

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1 September 20, 2017 Mayor Mike Bodker Steve Broadbent, Mayor Pro-Tem, Post 6 Council Member Lenny Zaprowski, Post 1 Council Member Jay Lin, Post 2 Council Member Cori Davenport, Post 3 Council Member Chris Coughlin, Post 4 Council Member Stephanie Endres, Post 5 CITY OF JOHNS CREEK Abbots Bridge Road Suite 190 Johns Creek, GA RE: Requested entrance change to Morton Road for RZ for the property at 10655/10725 Jones Bridge Road Dear Mayor and City Council Members: Thank you for your time in considering the above referenced zoning at the August 21, 2017, Mayor and City Council meeting. At that meeting you asked me to evaluate and propose an additional site plan alternative which changed the site plan entrance from Jones Bridge Road to West Morton Road. This request was made primarily by Ms. Marybeth Cooper of the Gates subdivision HOA in which she indicated this request had been asked of me before by the Gates subdivision. Furthermore, after significant questioning by the Mayor and City Council, Ms. Cooper committed to giving me whatever assurances and cooperation were required by the Gates neighbors to satisfy their request and obtain their support. She indicated she would do so and indicated this request was made on behalf of the Gates subdivision. As per your request, I agreed to pursue and evaluate this alternative. After significant expense and a diligent effort the following results will be reported to you in the upcoming meeting along with the attached site plan which cannot be permitted or developed due to the following restraints: 1. SITE DISTANCE FAILURE: The subdivision cannot have an entrance off Morton Road as it fails the minimum site distance requirements to be permitted. The grade of Morton Road is too steep for a driver turning left out of the development to see an oncoming car. The City would not permit this site due to the failure to meet the minimum requirements. Please see attached Exhibit which has been produced by my engineer with real field run data to produce the existing grade elevations DOVE POINT DULUTH GA / FAX

2 2. GATES HOMEOWNERS WILL NOT GRANT EASEMENTS FOR DRAINAGE PIPING TO BE INSTALLED TO ENABLE THE STORM WATER MANAGEMENT AREA TO BE RELOCATED ALONG THE SOUTHERN LINE: In an attempt to address Ms. Cooper s request, on August 25, 2017, I asked Ms. Cooper, President of the Gates HOA, to assist me in providing any contact information or even facilitate a meeting with the Gates homeowners that would be impacted. Her response on August 27, 2017 (for which you were copied on) was quick and to the point, she has no interest in helping me and advised me to use Google, US Mail or knock on doors to make any contact with the impacted owners. As I hope you will agree, her response was a complete shift in the cooperation she offered in the meeting. Subsequently, I did make contact with 5 of the 10 required Gates easement owners and not one knew of a request to change the entrance to Morton Road. In addition, not one property owner expressed any interest in allowing me to install piping in their drainage easement area. To clarify, each lot owner would have to allow me access to their 10 foot permanent easement and an additional 7.5 feet for temporary construction. 3. SITE DEVELOPMENT WOULD RESULT IN 15 FOOT RETAINING WALL, LOSS OF TREES AND LOSS OF UNDISTURBED BUFFER: As per your request, please see the attached plan which contemplated a Morton Road entrance. While this plan cannot be developed due to the failure to site distance requirements for permitting, it would require significantly more grading, loss of trees and an increase of the impervious asphalt by approximately 33% due to the long driveway entrance. Also, the development would have a retaining wall along the water tower side at a height of 15 feet in some points. Based on these factors, an entrance on Morton Road is not a viable alternative and this site plan is not being formally submitted to City staff for review. It is also unreasonable to assume this plan would be preferable to the Jones Bridge Road entrance and plan by a majority of opposition. This plan would add more impervious area, provide significant disturbance to 10 Gates homeowners (via the drainage easements installation) and result in a large loss of trees along the water tower property line. Also, in addressing the density question raised at the meeting, I also conducted an analysis of the 14 closest subdivisions adjacent to the Subject site. All of these subdivisions were on the west side of State Bridge Road with access directly off of Jones Bridge Road and West Morton Road. In summary, the Jones Bridge subdivisions have an average density of 3.13 homes/acre and the West Morton Road subdivisions have an average density of 2.57 homes/acre. A copy of this comparison is attached for your review. This information was taken directly from the Creekview GIS and I have forwarded a copy to staff for any comments and validation. As you can see from the comparable subdivisions, my proposed development density of 2.28 homes/acre is well below the density of the surrounding subdivisions when comparing to either Jones Bridge Road or West Morton Road. 2

3 Thank you for taking the time to contemplate this zoning and my owners and I hope for a favorable review and vote at the upcoming meeting. Please feel free to contact me with any questions you have at Sincerely, Michael Dye Edge City Properties, Inc. Applicant Cc: Sharon Ebert, Community Development Director Attachments: Morton Road Site Distance with Street grade failure from Marybeth Cooper dated August 27, 2017 and my initial request Edge City Morton Road Entrance Plan RZ Existing Density comparison for surrounding subdivisions 3

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5 From: To: Cc: Subject: Date: Attachments: Marybeth Cooper Mike Dye Sharon Ebert; Mike Bodker; Lenny Zaprowski; Jay Lin; Cori Davenport; Chris Coughlin; Stephanie Endres; Steve Broadbent; Fw: Follow up on RZ entrance on Morton Road Sunday, August 27, :55:52 PM Gates Easement Owner Aerial.pdf Gates Plat Owners needing to meet.pdf Mr. DyePlease understand, I do not have the time, nor the motivation to assist you. I have a career, family, and community activities that fill my schedule. You have called me unintelligent, appeared to have no knowledge of prior conversations, and changed your plans and details on this property many times. Assisting you to make money is not an item on which I wish to spend my highly limited free time doing. In response to your requests below, I would recommend the following: 1. Use the US Mail. Many of our residents throw away any items placed in their mailbox. You may not be aware, but per the United States Postal Service, US Code Title 18, section 1725 states that any person who knowingly deposits "mail-able matter" without postage in an established letter box shall be subject to a fine. You have the property owners names and addresses from tax records. 2. Use alternative sources to find contact information for the residents. Google, Bing, and Facebook would be examples. 3. Use the door-to-door approach. Knock on the front door and ask if they will speak to you. Keep in mind that they do not have to speak with you and respect that, if that is their wish. I have not and will not direct any neighbor to not speak with you. I request that you be honest and forthright with each property owner. I have concerns regarding your communications as one neighbor has already spoken up about a very recent conversation you had with him. With all due respect, it is not for me to assist you in getting their consent. I would strongly recommend that no one give you consent until you have produced a proper site plan. I would also recommend that you go and physically walk the property and see what issues may be there. Looking at an aerial view distorts what is on the ground, as the canopy obscures much of it. I have walked the lines. Why haven't you? I also note that you acted surprised and note below that same surprise at the Morton Road approach. We spoke about this several times and it was again brought to you at our meeting at our pool in July. You stated to me several times, including our very first conversation on the phone, that you did not want to use Morton Road as the homeowners opposed it in I am not sure you ever fully realized all of the reasons why it was opposed in During the City Council meeting you had other reasons, which had never before been stated for not using Morton Road. As Mayor Bodker stated, (paraphrased), You are creating a self-imposed hardship.' With all of your experience in land development, I would hope you would be able to find solutions to the questions you ask if my answers do not meet your satisfaction. Due to Hurricane Harvey, personal committments, and prior community obligations, my availability will be highly limited in the next few weeks. Respectfully, Marybeth Cooper President The Gates Homeowners Association

6 ----- Forwarded Message From: Mike Dye To: 'Marybeth Cooper' Cc: 'Mike Bodker' Sent: Friday, August 25, :23 PM Subject: Follow up on RZ entrance on Morton Road Ms. Cooper: Good afternoon. Per your request from the Monday night Mayor and City Council meeting on 7/21, I am following up on your request to relocate my entrance to Morton Road (from Jones Bridge). While I was surprised by this request, my engineer and I met with the City staff at length today. I am committed to reviewing this alternative in an effort to obtain your project support and that of the Gates HOA. I remain concerned that these drainage easement homeowners are going to have a strong objection to any construction plans which will require piping to be installed in these easements areas. While the homeowners are supposed to keep these easements free of any potentially obstructinglandscaping the aerial reveals a lot of vegetation that would have to be removed. Per your presentation and several responses to the Mayor specifically, can you help me obtain these owner's consent? The first step would be to meet with them and explain the issues. As I indicated before, I put letters in these owners mailboxes on two occasions but never received any response. I believe you went so far to say that a majority of owners would be agreeable to this and it sounded like you have had some feedback already. Therefore, can you please advise how we can accomplish this? Perhaps a meeting at the Gates pool like before? I am willing to meet with any homeowners individually or as a group as time is of the essence. For your convenience I have attached an aerial and a plat with the names of the easement owners according to current tax records. Please advise me at your earliest convenience. Thank you for your assistance. Regards, Mike Dye EDGE CITY PROPERTIES, INC Mobile

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9 SITE NOTES: CELL TOWER 1 CELL TOWER 2 ±R200' ±R300' APPROXIMATE GRADING LIMITS MORTON ROAD 60' R/W SITE AREA: TOTAL AREA: ±7.47 ACRES SITE ZONING: EXISTING ZONING: AG-1 PROPOSED ZONING: R-4 ZONING REQUIREMENTS: MIN. LOT WIDTH: 70 FT MAX. BUILDING HEIGHT: 40 FT MIN. REQ'D LOT AREA: 9,000 SF MINIMUM SETBACKS: FRONT: 35 FT SIDE (MAJOR): 20 FT SIDE (MINOR): 7 FT REAR: 25 FT 30' LANDSCAPE STRIP ALONG JONES BRIDGE ROAD R/W VARIES JONES BRIDGE ROAD 7' SIDE SETBACK R50' WATER TOWERS R60' 25' REAR SETBACK APPROXIMATE GRADING LIMITS AG-1 RETAINING WALL UP TO 15' HEIGHT 50' R/W PROPOSED ROAD MAIL KIOSK R-4 25' LANDSCAPE STRIP ALONG MORTON ROAD PROPOSED LOT SUMMARY: PROPOSED USE: SINGLE-FAMILY DETACHED HOUSES PROPOSED LOTS: 15 PROPOSED UNIT DENSITY: 2.01 UNITS/ACRE FLOOD NOTE: ACCORDING TO F.I.R.M. MAP #13121C0086F DATED SEPTEMBER 18, 2013, THIS SITE IS NOT IN A FLOOD HAZARD ZONE. NOTE: THIS SITE IS LOCATED WITHIN LAND LOT 152, 151, 133, AND 144 1ST DISTRICT, 1ST SECTION FULTON COUNTY, GA. 25' COMMON AREA R-3A 25' REAR SETBACK 25' 35' FRONT SETBACK 7' SIDE SETBACK 24' PROPOSED ROAD 50' R/W COMMON AREA 35' FRONT SETBACK 50' 20' SIDE SETBACK 35' FRONT SETBACK R-4 SITE MAP SCALE: 1" = 2000' N APPROXIMATE GRADING LIMITS R-3A 35' FRONT SETBACK PROPOSED DETENTION AREA SITE APPROXIMATE GRADING LIMITS 25' 25' REAR SETBACK R-4 SCALE: 1" = 100' THIS ILLUSTRATION IS A CONCEPTUAL SITE PLAN FOR PROPOSED DEVELOPMENT POTENTIAL. IT DOES NOT BIND OR LIMIT THE OWNER/DEVELOPER, NOR SHALL THE ENGINEER/ARCHITECT BE BOUND OR LIMITED BY THIS CONCEPTUAL DEVELOPMENT PLAN. ALL ILLUSTRATIONS/DRAWINGS ARE SUBJECT TO CHANGE AND REVISION WITHOUT PRIOR WRITTEN NOTICE TO THE HOLDER. DIMENSIONS, BOUNDARIES AND ANY OTHER GRAPHIC REPRESENTATIONS ARE FOR ILLUSTRATIVE PURPOSES ONLY AND ARE SUBJECT TO AN ACCURATE SURVEY AND PROPERTY DESCRIPTION MERCHANT WAY SUITE 201 MAXWELL-REDDIC K STATESBORO, GA A N D A S S O CS I A T E (912) OFFICE MAXWELL-REDDICK AND ASSOCIATES ENGINEERING LAND SURVEYING HAYNES BRIDGE RD SUITE 475 ALPHARETTA, GA (404) OFFICE COPYRIGHT 2017 BY MAXWELL-REDDICK AND ASSOCIATES W N S E REVISIONS: DESIGNED: DRAWN BY: CHECKED: GSU GSU DLH DATE: SEP. 1, 2017 JOB NO.: PROPOSED RESIDENTIAL DEVELOPMENT JONES BRIDGE ROAD JOHNS CREEK, GA CONCEPTUAL LAYOUT PLAN DRAWING NUMBER 1 1 OF 1 SHEETS

10 10655/10725 Jones Bridge Road Existing Density Comparison for RZ Closest Subdivisions to Subject Site Jones Bridge Road Subdivisions: Acreage Homes Density Orchards at Jones Bridge Oak Landing Wynbridge Jones Bridge Hills Edgehill Place Brookdale Jones Estates Harrington Cove Willow Run Oxford Mill Colony Glen Jones Bridge Plantation Average (non weighted by acreage) 3.13 Morton Road Subdivisions: Acreage Homes Density The Gates Bridgestone Average (non weighted by acreage) 2.57 *All Acreages and Homes taken from Creekview GIS Density is platted density and not zoned density (always less)