The Alpharetta City Council on April 28 deferred a developer’s request to remove a curb-and-gutter requirement along Charlotte Drive and approved a separate motion to shorten the waiting period for a zoning rehearing.

City staff had presented two linked requests from DRB Group: a variance to reduce the UDC waiting period for council consideration from 12 months to 6 months, and a change of condition to remove condition No. 7 that currently requires curb and gutter along the property frontage for a proposed 41‑lot, single‑family subdivision on about 36.78 acres at 12265 Charlotte Drive. Director Cook told council staff recommended approval of the 6‑month reduction and supported the change of condition subject to added drainage and sidewalk conditions.

The change‑of‑condition request drew extensive public comment and council questions about stormwater, pedestrian safety and long‑term maintenance. Several residents said they worry about increased runoff and ponding if curb and gutter are removed. “My only concern with this application is the stormwater runoff entering into our neighborhood and creating problems,” said a Preserve on Charlotte Drive homeowner during public comment. Another resident opposed removal because she said the curb had provided a buffer for pedestrians and that many people walk the corridor to nearby parks.

The applicant, represented by Cameron Heath and civil engineer Christopher (last name in transcript), said the proposed design will meet the city’s stormwater rules and that “keeping the water as close to the grass as possible is actually better to prevent gutter spreading and water ponding into the road.” The developer also offered to construct an off‑site sidewalk connection to the Rucker Road roundabout and to allow impact‑fee credits for that work.

Public Works and the city stormwater engineer recommended that, if the curb requirement were removed, a drainage system be designed to address runoff, and they asked that responsibility for ongoing maintenance be clarified. Director Cook said staff proposed adding a new condition requiring an off‑site sidewalk connection and that “the streetscape design shall include an appropriate drainage system.” Council members pressed whether the city could place long‑term maintenance obligations for a public right of way on a future homeowners association; the city attorney said enforceability against successors in interest would need further review.

After discussion, Councilman Will moved to defer the change‑of‑condition request to give the applicant and staff more time to supply a drainage design and to let the city attorney examine successor‑liability questions; Councilman Dorito seconded. The council approved the deferral 5–1. Earlier in the hearing, council approved the variance shortening the waiting period from 12 to 6 months; that motion passed unanimously.

The council did not adopt a final condition placing maintenance responsibility on the HOA at the April 28 meeting; Director Cook said staff could draft language to clarify maintenance expectations but the city attorney flagged enforceability questions that require more legal review. The council will revisit the Charlotte Drive change‑of‑condition after staff and the applicant provide the additional drainage plans and any clarified legal language requested by the city attorney.

Details and context

- Project: proposed 41‑lot, for‑sale single‑family subdivision on ~36.78 acres at the northeast corner of Charlotte Drive and Rucker Road (rezoned Oct. 21, 2024).
- Actions at the April 28 meeting: council unanimously approved a variance reducing the waiting period for reconsideration from 12 to 6 months; the council then deferred the change‑of‑condition request (to remove curb and gutter) by a vote of 5–1.
- Staff recommendation: approve the waiting‑period variance and approve change of condition with a revised condition that would remove the curb/gutter requirement but add an off‑site sidewalk connection and require an appropriate drainage system.
- Public concerns: resident reports of existing backyard ponding and a previously high water table in spots; requests for stormwater studies and assurance that runoff will not be diverted into neighbors’ properties; pedestrian safety concerns.
- Developer responses: proposed drainage inlets/pipe system and maintenance plans, and a willingness to address design and to work with public works; applicant said the long‑term stormwater management “has to be the same or better” than predevelopment.
- Outstanding legal point: city attorney advised more study of whether requiring HOA maintenance for drainage features in public right of way is enforceable against future property owners.

What’s next

Council deferred a final decision so staff can review a drainage design that does not assume curb and gutter and the city attorney can analyze the enforceability of any maintenance requirement; the council set a new hearing date when that material is available.

Speakers quoted or cited in this article are those who spoke on the Charlotte Drive items at the April 28 meeting and are listed in the article’s speakers field below.