Chattahoochee Landing Homeowner Association
P.O. Box 3208
Duluth, GA 30096
clhoa@clhoaduluthga.org
September 4, 2008
Mr. Cliff Cross
City of Duluth
Planning and Development Department
3167 Main Street
Duluth, GA 30096
Dear Mr. Cross,
The Chattahoochee Landing Homeowner Association (CL HOA) requests assistance from the City of Duluth Planning and Development Department to assess the following conditions that exist at the entrance to CL and to facilitate compliance to the Buffer, Landscape, and Tree Ordinance where appropriate.
1. Replace trees at entrance ( Picture 1):
As late as 2000, there were Bradford Pear trees on either side of the entrance to Chattahoochee Landing. They were both removed and neither has been replaced as they should have according to Ordinance: 3.2.5 Disturbance or Encroachments (d. Dying, diseased or dead vegetation may be removed from a buffer provided minimal disturbance occurs. Vegetation thus removed shall be replaced where necessary to meet the screening requirements contained herein).
- One died of what appeared to be root damage. Although it was several years before the tree was removed, it appeared to never recover from damage sustained during the development of the French Quarter. (5.13 TREE DAMAGE - Any tree designated in the plan to be saved that is damaged during construction or as a result of such construction, shall be treated according to accepted National Arborists Association Standards, or replaced with a tree(s) equal to the unit value of the tree removed. However, any Specimen Tree damaged as described above shall be replaced with a tree(s) two (2) times the unit value of the tree removed.)
- The other was damaged during a storm.
While the Bradford Pear trees were very attractive, because of the inherent problems with them splitting over time, we request that a different type of tree be used for replacement purposes.
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2. Maintain the buffer (Picture 2):
The edges of each of the buffers that preceed the entrance to CL are not being maintained. They are unsightly and the lack of pinestraw or mulch has contributed to excessive weed growth. This lack of maintenance combined with the absence of trees that should have been replaced has contributed to the deterioration of the opaque barrier that is supposed to exist between the commercial and residential properties and an overall unattractive appearance to the area.
Division 6 – Plan and Plat Specification
Sec. 14-115. Continuing maintenance.
(1) The owner, occupant, tenant, and respective agent of each, if any, shall be jointly and severally responsible for the perpetual maintenance and protection of buffers and landscape plantings required by this ordinance.
(2) The department is hereby authorized to order diseased, infested, dying, dead or damaged landscaping required herein to be replaced.
(3) Buffers that, over a period of time, lose their screening ability shall be replanted to meet the requirements of this ordinance.
(4) Replacement trees and landscaping shall be in accordance with the applicable provisions of this ordinance.
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3. Replace the fence (Picture 3):
The fence that exists on top of the berm separating the commercial property and CL is clearly being used to meet the buffer requirement since the existing trees that are planted in some areas do not offer the amount of vegetation density to meet the opacity requirement on their own. As such, the fence must be maintained. It is currently falling down in some areas and creates an unsightly appearance for affected homeowners as well as a potential safety hazard for them in their back yards. This fence crosses several commercial properties and is approximately 1,100 feet long. Because it was built as one solid fence (by the original CL developer W.J. Enterprises) instead of in sections that coincided with individual residential lots, CL has been told by one fence repair company that it can’t be repaired in specific areas only (i.e., it must be demolished in whole and then replaced). One bid for this job was approximately $15,000. This is a complex issue since the degree of opaqueness varies across the commercial properties and the stability of the fence varies in certain areas as well. However, we again assert that since the fence is being used to meet the buffer requirement it must be maintained. The HOA would be interested in alternative resolutions, but possible options that we have identified are:
- Remove the fence and plant additional trees. However, this may not be possible in some areas due to the growth of the existing trees. It would also leave homeowners in a position to have to purchase a fence to replace what they had.
- Remove the fence and put up a new fence in sections that coincide with residential lots.
- Remove the fence and put up a new fence in sections that coincide with commercial lots.
- Remove the fence and negotiate with individual homeowners. Some (not all) homeowners have indicated that they might be willing to share the cost if a replacement fence were placed on their property for them to then take future ownership of and responsibility for. However, this isn’t ideal either as it transitions the long-term responsibility of maintaining the required commercial buffer to residents.
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4. Replace trees along the side of the median (Picture 4):
The trees along River Green Pkwy (beside the Audio Store) have died and also need to be replaced.
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We thank you for your attention to these issues and welcome the opportunity to work with you toward their resolution.
Sincerely,
Kim Belloni
President
Chattahoochee Landing Homeowner Association
cc:
Mayor Nancy Harris
Councilmember Marsha Anderson Bomar
Councilmember Jim Dugan
Councilmember Jim Hall
Councilmember Doug Mundrick
Councilmember Greg Whitlock
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