City Council Regular Meeting
Regular MeetingLawrenceville, GA · April 25, 2022
Minutes
CITY COUNCIL REGULAR MEETING
MINUTES
Monday, March 28, 2022 Council Assembly Room
7:00 PM 70 S. Clayton St, GA 30046
Call to Order
PRESENT
Mayor David Still
Mayor Pro Tem Glenn Martin
Council Member Victoria Jones
Council Member Austin Thompson
Council Member Marlene Taylor-Crawford
Prayer
Scarlett Rigsby provided the invocation.
Pledge of Allegiance
Mayor David Still led the group in the Pledge of Allegiance.
Agenda Additions / Deletions
Motion to accept the agenda as presented made by Council Member Jones, Seconded by Council
Member Thompson.
Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson,
Council Member Taylor-Crawford
Recognitions
1. Presentation of Police Department State Certification
City Manager Chuck Warbington introduced Butch Ayers and Chuck Gruber to come forward
to award the Police Department with the achievement of State Certification. Mr. Ayers and
Mr. Gruber explained the process and presented acting Chief of Police Myron Walker with the
State Certification State Certification plaque that is good for three years. Mr. Gruber then
presented Officer Jasond Elliott with a plaque for being the Certification Manager. Officer
Elliott handed out the challenge coins and poker chips to the Mayor and Council representing
the State Certification.
Approval of Prior Meeting Minutes
Motion to approve minutes as presented made by Mayor Pro Tem Martin, Seconded by Council
Member Thompson.
Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson,
Council Member Taylor-Crawford
2. January 26, 2022 Regular Meeting and Executive Session
3. February 1, 2022 Executive Session
4. February 9, 2022 Work Session and Executive Session
5. February 28, 2022 Regular Meeting and Executive Session
6. March 9, 2022 Work Session and Executive Session
Announcements
Council Member Thompson recognized March as Women's History month.
Council Member Taylor-Crawford recognized Women's History month by recognizing two schools
that were named after women. Those schools are Moore Middle School named after Robbie Susan
Moore and Winn Holt Elementary named after Margaret Winn Holt.
Mayor Still read from the slide for the upcoming events in the City.
Public Comment
To participate in the Public Comment part of the Agenda, you must register with the City Clerk prior
to the beginning of the meeting. Presentations will be limited to 2 minutes per person and Council
will not respond to the comment.
Superior Court Angela Duncan came forward to introduce herself to Council and the public.
Consent Agenda
These are items on which the Mayor and Council are in agreement to approve and are placed on the
agenda to be approved in one vote.
City Attorney Lee Thompson read the Consent Agenda into record.
Motion to approve the Consent Agenda as presented made by Council Member Thompson,
Seconded by Mayor Pro Tem Martin.
Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson,
Council Member Taylor-Crawford
7. Purchase of Electrical Materials
8. Automobile Body Repair Services on an Annual Contract
9. Amendment to Chapter 36, Section 36-7 for Speed Zone Ordinance
10. Event Entertainment Consultant Contract
11. Purchase of new Firewall for Police Department Network
Public Hearing New Business
Discussion will be limited to 7 minutes per side including rebuttal. Discussions on Zoning issues will
be limited to 10 minutes per side including rebuttal. Questions and answers from Council Members
will not infringe on the time limit.
12. RZM2021-00009 & ANNX2022-00001; Charles Garfunkel; 724 Collins Hill Road
Planning and Development Director Todd Hargrave presented this item and answered
questions from Council. The applicant was present to present this item and answer questions
from Council. Doug Dillard, representative of the applicant made the presentation to
introduce the team that would be available to present and answer questions. Mr. Charles
Garfunkel presented information on the project. Steve Stover presented more information
on the project. Mayor Still opened the public hearing and seeing and hearing no one come
forward the public hearing was closed.
Motion to move forward with rezoning and annexation request RZM2021-00009 & ANNX2022-
00001 of a 34.92-acre parcel assemblage from HSB (Highway Service Business District) to CMU
(Community Mixed-Use District) to allow a mixed-use development located at the southwest
intersection of Collins Hill Road and Georgia Highway 316 (University Parkway). With the
conditions that have been revised from Planning Commission Recommended Conditions
RZM2021-00009_03022022 as provided in hard copy to the Council this evening along with the
applicants package that was delivered tonight changing the date in E and F from March 9th to
March 28th made by Mayor Still, Seconded by Mayor Pro Tem Martin.
Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones
Abstaining from Voting: Council Member Thompson, Council Member Taylor-Crawford
13. RZM2021-00032, SUP2021-00057 & SUP2021-00058; Lawrenceville Land Holdings, LLC; 329
Grayson Highway
Planning and Development Director Todd Hargrave presented this item and answered
questions from Council. The applicant was present to present this item and answer questions
from Council. Eric Johannsson presented information on the project. Mayor Still opened the
public hearing and seeing and hearing no one come forward the public hearing was closed.
Motion to approve RZM2021-00032, SUP2021-00057 & SUP2021-00058 with the recommended
conditions received tonight with removal of sentence in 1 C as read into record made by
Council Member Jones, Seconded by Mayor Pro Tem Martin.
Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member
Taylor-Crawford
Abstaining from Voting: Council Member Thompson
Council Business New Business
There is no public comment during this section of the agenda unless formally requested by the
Mayor and the Council.
14. Update to 2017 SPLOST
City Manager Chuck Warbington presented this item.
Motion to approve the movement of 2017 SPLOST funds as presented made by Mayor Pro
Tem Martin, Seconded by Council Member Taylor-Crawford.
Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member
Thompson, Council Member Taylor-Crawford
15. Request to acquire CSX Abandoned Rail Spur
City Manager Chuck Warbington presented this item.
Motion to acquire CSX abandoned rail spur for $250,000.00 made by Council Member
Thompson, Seconded by Council Member Jones.
Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member
Thompson, Council Member Taylor-Crawford
16. Intergovernmental Agreement with the Downtown Development Authority for the Public
Works Outparcel on Pike Street
City Manager Chuck Warbington presented this item.
Motion to approve Intergovernmental Agreement with Downtown Development Authority
made by Mayor Still, Seconded by Council Member Jones.
Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member
Thompson, Council Member Taylor-Crawford
17. Property and Casualty Insurance Renewal for Three Months
Deputy City Manager Steve North presented this item and updated the amount to
$207,174.00 for three month extension.
Motion to approve three month extension to property and casualty insurance in the amount
of $207,174.00 made by Mayor Pro Tem Martin, Seconded by Council Member Thompson.
Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member
Thompson, Council Member Taylor-Crawford
Executive Session – Personnel, Litigation, Real Estate
Motion to move into Executive Session made by Council Member Jones, Seconded by Council
Member Thompson.
Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson,
Council Member Taylor-Crawford
Motion made by Council Member Thompson, Seconded by Council Member Taylor-Crawford.
Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson,
Council Member Taylor-Crawford
Report of items discussed in Executive Session:
2 Real Estate
2 Litigation
No Votes Taken
Final Adjournment
Motion to adjourn made by Mayor Pro Tem Martin, Seconded by Council Member Jones.
Voting Yea: Mayor Still, Mayor Pro Tem Martin, Council Member Jones, Council Member Thompson,
Council Member Taylor-Crawford
Minute Signatures
________________________
David R. Still, Mayor
________________________
Karen Pierce, City Clerk
ZON-ORD-2022-3 CASE NUMBER: ANNX2022-00001
ORDINANCE TO ANNEX PROPERTY INTO THE MUNICIPAL LIMITS OF THE
CITY OF LAWRENCEVILLE, GEORGIA
The Council of the City of Lawrenceville, Georgia hereby ordains:
WHEREAS, the City of Lawrenceville did receive an application to have lands annexed
into the existing corporate limits of the City of Lawrenceville, Georgia; and
WHEREAS, it appears to the governing body of the City of Lawrenceville, Georgia, that
the area proposed to be annexed is contiguous to the existing corporate limits of the City of
Lawrenceville, that the applicants represent one hundred percent (100%) of the owners of the
land area proposed to be annexed and that said application complies with the laws of the State
of Georgia; and
WHEREAS, the governing body of the City of Lawrenceville, Georgia, has determined
that the annexation of the area proposed to be annexed would be in the best interests of the
property owners of the area proposed for annexation and of the citizens of the City of
Lawrenceville, Georgia;
BE IT, THEREFORE, ordained that the property described as "Tract 2 on a Boundary
Survey for ECI Capital of 742 Collins Hill Road, prepared by Technical Survey Services, dated
September 28, 2021," and further described on legal description as " Legal Description: Tract 2"
which is attached hereto and incorporated herein by reference, be and the same hereby is,
annexed to the existing corporate limits of the City of Lawrenceville, Georgia, and the same
ZON-ORD-2022-3 CASE NUMBER: ANNX2022-00001
shall hereafter constitute a part of the lands within the corporate limits of the City of
Lawrenceville, Georgia.
BE IT FURTHER ORDAINED that the Clerk of the City of Lawrenceville or their designee
certify a copy hereof and file such reports as are required by state and federal law.
IT IS SO ORDAINED, this 28th day of March 2022.
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David R. Still, Mayor
Date Signed: _.S.\u-f-z_o1=,-i_
Attest:
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Legal Description: Tract 2
All that tract or parcel of land lying and being in Land Lot 10 of the 7th District, City of Lawrenceville,
Gwinnett County, Georgia and being more particularly described as follows:
Beginning at a point being the southeastern most mitered corner of the southerly Right of Way of
Georgia Highway 316 (Limited Access Highway, Variable R/W) and the southwesterly Right of Way of
Collins Hill Road (Variable R/W); thence running along said Right of Way of Georgia Highway 316
(Limited Access Highway, Variable R/W) the following courses: North 62° 39' 58" West a distance of
97.87 feet to a point; thence North 87° 58 ' 03" West a distance of 154.01 feet to an iron pin set; thence
North 59° 58' 59" West a distance of 295.76 feet to an iron pin set, said point being the True Point of
Beginning; thence continuing along sa id Right of Way South 60° 26' 36" West a distance of 1,179.19
feet to a Vi'' re bar found; thence continuing along said Right of Way North 30° 12' 24" West a distance
of 443.59 to an iron pin set on the southerly Right of Way of aforementioned Georgia Highway 316;
thence running along a curve to the right an arc length of 37.55 feet, (said curve having a radius of
2039.86 feet, with a chord bearing of North 76° 15' 32" East, and a chord length of 37.55 feet) to a point;
thence North 76° 54' 32" East a distance of 704.43 feet to a point; thence North 81 ° 39' 25" East a
distance of 354.54 feet to a point; thence running along a curve to the right an arc length of 239.26
feet, (said curve having a radius of 1384.40 feet, with a chord bearing of North 86° 36' 29" East, and a
chord length of 238.96 feet) to an iron pin set; thence continuing along said Right of Way South 60°
26' 36" West a distance of72.43 feet to an iron pin set, said point being the TRUE POINT OF BEGINNING.
Said tract or parcel of land being more particularly described on a Boundary Survey, prepared for ECI
Capital, dated September 28, 2021 and prepared by Technical Survey Services, containing 7.074 Acres
(308,164 Square Feet).
ANNX2022-00001 & RZM2021-00009
Received: December 16, 2021
Planning and Development Department
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ORDINANCE NO: ZON-ORD-2022-3 CASE NO: RZM2021-00009
MAYOR AND COUNCIL
CITY OF LAWRENCEVILLE, GEORGIA
ORDINANCE
READING AND ADOPTION:
At the regular meeting of the Mayor and Council of the City of Lawrenceville,
held at City Hall, 70 S. Clayton Street, Lawrenceville, Georgia.
PRESENT
David R. Still, Mayor Yes
Glenn Martin, Mayor Pro Tern Yes
Victoria Jones, Council Member Yes
Marlene Taylor-Crawford, Council Member Abstain
Austin Thompson, Council Member Abstain
On motion of Mayor Still, seconded by Mayor Pro Tern Martin, which
carried 3-0, the following ordinance was ADOPTED:
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP
WHEREAS, the Planning Commission of the City of Lawrenceville has held a
duly advertised public hearing and has filed a formal recommendation with the
Mayor and Council of the City of Lawrenceville upon an Application to Amend the
Official Zoning Map from HSB (Highway Service Business District) to CMU
(Community Mixed-Use District) by Charles Garfunkel for the proposed use of Mixed-
Use Development on a tract of land described by the attached legal description,
which is incorporated herein and made a part hereof by reference; and
ORDINANCE NO: ZON-ORD-2022-3 CASE NO: RZM2021-00009
WHEREAS, notice to the public regarding sa id Amendmen t to the Officia l
Zoning Map has been duty published in THE GWINNETT DAILY POST, the Official News
Organ of the City of Lawrenceville; and
WHEREAS, a public hearing was held by the Mayor and Council of the City of
Lawrenceville on March 28, 2022 and obj ections were filed.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of
Lawrenceville this the 28 1h day of March, 2022, that the aforesaid application to amend the
Official Zon ing Map from HSB (Highway Service Business District) to CMU (Community
Mixed-Use District) is hereby APPROVED WITH CONDITIONS.
Approval as CMU (Community Mixed-Use District ) for a Mixed-Use
development, subject to the following enumerated conditions :
1. To restrict the use of the property as follows :
A. Multifamily residential dwellings and accessory uses at a maximum of
500 multifamily units , including standard mu ltifamily residential units
and age -restricted multifamily units.
B. A minimum of 200 of the multifamily residential dwellings shall be age -
restr i cted to residents 55 years of age and older.
C. Retail , service - commercial , office and accessory uses. The following
uses shalt be prohibited :
• Adult Bookstores or Entertainment
• Automotive Uses such as :
i. PartsStores
ii. UsedCarSales
ii i. Tire Sales
iv . Auto Repair/Body Shop
v. Car/ Truck Rental
ORDINANCE NO: ZON-ORD-2022-3 CASE NO: RZM2021-00009
• Billiards or Pool Halls
• Contractor's Offices
• Emission Inspection Stations
• Equipment Rental
• Extended Stay Hotels or Motels
• Recovered Materials Processing Facilities
• Smoke Shops/Novelty Stores
• Tattoo Parlors
• Taxidermists
• Yard Trimmings Composting Facilities
D. 20% maximum of gross development SF may be for Indoor Climate
Controlled Storage space.
E. Adjacent tax parcels (7010 100 and 7010 101) in the adjacent
commercial shopping center shall be upgraded as indicated by the
renderings provided in the applicants Lawrenceville Gateway
presentation package dated March 28, 2022. This includes exterior
building fa<;ade upgrades, asphalt parking lot improvements, and
additional landscaping. These improvements shall be constructed
before the first CO for the commercial section of the development shall
be provided with this zoning and shall be subject to review and approval
by the Director of Planning and Development.
F. The development shall be in general accordance with the submitted site
plans and architectural renderings provided in the applicants
Lawrenceville Gateway presentation package dated March 28, 2022 ,
with changes necessary to meet zoning and development regulations.
Any changes shall be subject to review and approval by the Director of
Planning and Development.
G. Final site plans, landscape plans and building elevations shall be
subject to review and approval of the Director of Planning and
Development prior to the issuance of development or building permits.
H. The standard multifamily residential section of the development shall
be a gated community, with automated card access gates at all
entrances/exits . The access gate system is required to be properly
ORDINANCE NO: ZON-ORD-2022-3 CASE NO: RZM2021-00009
maintained and functional at all times , w ith any required repairs to be
made within one week .
I. Garages shall be provided for a m1n1mum of 15% of the standard
multifamily un its . Garage units shall be lim ited to the interior of the
development .
J . In the event of res idential tenant eviction , any belongings of the tenant
will be placed on a portion of the subject property that is not visible
from a public right -of-way unless otherwise required by law.
2. To satisfy the following site development considerations :
A. Provide a 10-foot wide building setback adjacent to all right -of-ways,
including Collins Hill Road and SR 316 .
B. Provide a minimum 40-foot wide building setback with landscape strip
adjacent to the western most property line (PI Ns 7010 009 & 7010 093) .
C. Provide a minimum 10-foot wide building setback w ith landscape strip
adjacent to the southernmost prope rty line (PINs 7010 012 , 7010 090 &
7010 101).
D. Provide a 10-foot concrete sidewalk along the road frontage of Collins
Hill Road to the signalized intersection for the existing shopping center
development .
E. Natural vegetation shall remain on the property until the issuance of a
development permit.
F. Ground signage on Collins Hill Road shall be lim ited to one monument
type sign serving the overall development, and shall be subject to
review and approval by the Director of Planning & Development. The
sign shall include a minimum two-foot high brick or stacked stone base,
and the sign cabinet shall be fully surrounded by the same materials ,
matching the building's architectural treatments . Existing pylon sign on
Collins Hill Road for adjacent commercial shopping center uses is
exempt from this sign limitation and design prov isions. Internal signs
on private streets of development shall be permitted.
G. New billboards or oversized signs shall be prohib ited . Existing pylon
sign on Collins Hill Road for adjacent commercial shopp i ng center uses
is exempt from this sign prohibition.
H. Outdoor storage shall be prohibited.
ORDINANCE NO: ZON-ORD-2022-3 CASE NO : RZM2021-00009
I. Lighting shalt be contained in cut-off type luminaries and shalt be
directed in toward the property so as not to shine directly into adjacent
pro pe rti es or ri ghts-of-way.
J. Compactor/dumpsters shalt be screened by a 100% opaque brick or
stacked stone watt with an opaque metal gate enclosure.
Compactor/dumpster enclosure shalt be a minimum of 10 feet in width
and 30 feet in length Hours of dumpster pick-up shalt be limited to
between 7:00 a. m . and 7:00 p.m.
K. No tents, canopies, temporary banners , streamers, or roping decorated
with flags, tinsel, or other similar material shalt be displayed , hung or
strung on the site. Yard signs or bandit signs , sign -walkers or sign-
twirlers shalt be prohibited.
L. Peddlers and/or parking tot sates shalt be prohibited.
M. Owner shalt repaint or repair any graffiti or vandalism that occurs on
the property within 72 hours of notice from City.
N. Maximum multifamily building height shalt be 57 feet .
0. Required parking ratio for age-restricted multifamily section of
development shalt be 0.6 spaces per unit.
P. Building setbacks off internal streets or driveways shalt be in general
accordance with the submitted site plans and architectural renderings,
and otherwise subject to review and approval of the Director of
Planning and Development.
3. To abide by the following requirements, dedications and improvements:
A. Provide inter-parcel connectivity through access to Hurricane/316 LLC
to the existing traffic signal at Collins Hitt Road.
B. Prior to the issuance of a Development Permit , the applicant shalt
provide a traffic impact study and a submittal of Development of
Regional Impact to ARC that includes analysis of the signalized
intersection of Collins Hitt Road at Georgia Highway 316 as welt as
surrounding intersections. Prior to the issuance of the first certificate
of occupancy, the applicant shalt make any improvements
recommended by the traffic impact study and the recommendations of
the Development of Regional Impact, provided the i mprovements are
approved by the D.O .T. and the City Engineer. Alt design and
ORDINANCE NO: ZON -ORD-2022-3 CASE NO: RZM2021-00009
construction will be subject to D.O.T. review and approval as well as
the City Engineer.
C. At no cost to the City, Developer shall provide a min . 10 ' to 12 ' paved
multiuse trail from Coll i ns Hill Road through the development under
SR 316 to the City owned parcel on Collins Industrial Way (tax parcel
7010 010) along the existing Gas Easement. Developer shall dedicate
at no cost to the City a permanent easement on subject property for
the multiuse trail. City will acquire all right-of-way and easements
needed outside the subject property. Developer shall be responsible
for obtaining permission from the Gas provider for construction. All
design and construction sha l l be approved by the City Engineer.
Multiuse trail section on subject property shall be constructed and
approved before the first CO is provided , subject to the stipulation that
the CO shall not be withheld based on the City ' s inabil ity to deliver
necessary right-of-way or easements for trail construction or for delays
in permitting from GDOT.
D. Direct access to Collins Hill Road shall be limited to right -in / right out
access. Design and Construction shall be approved by the City Engineer.
G:);a(} . ~
David R. Still, Mayor
Date Signed:
ATTEST:
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Legal Description: Overall Boundary
All that tract or parcel of land lying and being in Land Lot 10 of the 7th District, City of Lawrenceville,
Gwinnett County, Georgia and being more particularly described as follows:
Beginning at a point being the southeastern most mitered corner of the southerly Right of Way of Georgia
Highway 316 (Limited Access Highway, Variable R/W) and the southwesterly Right of Way of Collins Hill Road
(Variable R/W); thence running along said Right of Way of Collins Hill Road the following courses : South 29°
39' 40" East a distance of 250 .60 feet to a Right of Way Monument found; thence South 29° 59' 59" East a
distance of 122.44 feet to an iron pin set; thence South 29° 59' 59" East a distance of 46.92 feet to an iron pin set;
thence North 59° 54' 45" East a distance of 34.60 feet to a Right of Way Monument found ; thence South 30° 05'
15" East a distance of 55.14 feet to a Right of Way Monument found ; thence leaving said Right of Way and
running South 60° 4 7' 49" West a distance of 224.60 feet to a 1" open top pipe found ; thence South 60° 52' 15"
West a distance of 1428.86 feet to a 1/2" rebar found on the northeasterly Right of Way of Hillcrest Drive (60'
R/W); thence running along said Right of Way of Hillcrest Drive North 29° 30' 14" West a distance of 152.66
feet to a point; thence leaving said Right of Way North 29° 30' 14" West a distance of 627 .58 feet to a I/2" re bar
found; thence North 30° 12' 24" West a distance of 443.59 feet to an iron pin set on the southerly Right of Way
of aforementioned Georgia Highway 316; thence running along a curve to the right an arc length of 37.55 feet,
(said curve having a radius of2039.86 feet, with a chord bearing of North 76° 15' 32" East, and a chord length of
37.55 feet) to a point; thence North 76° 54' 32" East a distance of704.43 feet to a point; thence North 81 ° 39' 25"
East a distance of354.54 feet to a point; thence running along a curve to the right an arc length of239.26 feet,
(said curve having a radius of 1384.40 feet, with a chord bearing of North 86° 36' 29" East, and a chord length of
238.96 feet) to an iron pin set; thence continuing along said Right of Way South 60° 26' 36" West a distance of
72.43 feet to an iron pin set; thence South 87° 58' 59" East a distance of 295 .76 feet to an iron pin set; thence
South 87° 58' 03" East a distance of 154.01 feet to a point, said point being the northwestern most mitered corner
of the southerly Right of Way of Georgia Highway 316 and the southwesterly Right of Way of Collins Hill Road;
thence running along said miter South 62° 39' 58" East a distance of 9.87 feet to the TRUE POINT OF
BEGINNING. Said tract contains 34.923 Acres (1 ,521 ,247 Square Feet).
Lawrenceville Gateway
Collins Hill Road Rezoning
RZM2021-20009
March 28, 2022
Lawrenceville City Council
Regular Meeting
RZ M2021-00009
Received : March 28, 2022
Planning and Development Department
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RZM2021-00009
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Planning and Development Department
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Tfj' GROUP DEVELOPMENT
October 01 ,2021
O.-dNlgrltll>dlo, k- AUlllOHT SRESERVED
Applicant Requests
Approval of Rezoning Application
Questions
Please reach out to
Doug Dillard
ddillard@dillardsellers.com
or
Baxter Russell
brussell@dillardsellers.com
with any que~gn~o9
Received : March 28, 2022
Planning and Development Department
G. Douglas Dillard Email:
404.665.1241 ddillard@dillardsellers.com
March 25 , 2022
Via Email:
Mayor and City Council
Mayor David Still
Mayor Pro Tern Glenn Martin
Council Member Victoria Jones
Council Member Austin Thompson
Council Member Marlene Taylor-Crawford
City of Lawrenceville
70 South Clayton Street
Lawrenceville, GA 30046
Re: RZM2021-00009; 724 Collins Hill Road
Additional Elevations and Materials
Dear Mayor Still and Council Members :
On behalf of my client, Charles Garfunkel, Applicant in the above-referenced CMU
rezoning application, please accept this letter providing additional multifamily residential
building elevations as follow-up to some of the comments and questions that we received during
the Work Session on March 9, 2022. ECI Group prepared these proposed elevations to
demonstrate the minimum 51 % masonry on each side of the building facades (Attachment " A").
Additionally, we have included an additional elevation showing the Bahama shutter-style
corridor screening for the standard multifamily buildings, allowing corridor ventilation with an
obstructed view (Attachment " B"). Finally, l have attached certain constitutional notices and
reservations of rights on behalf of my client (Attachment " C"). Under current Georgia law, I am
required to submit these notices as reservations of my client' s rights prior to Council ' s decision
on this matter. These notices are not intended to disrupt cooperation with the City, rather
preserve my client's rights at the appropriate time. The Applicant team has greatly appreciated
all comments and feedback that we have received thus far from Council and Planning Staff, as
well as the continued cooperation from the City throughout our application process.
We look forward to our hearing and continued discussion at the regular meeting on
March 28th. Please do not hesitate to contact me with any questions.
Sincerely,
Isl G. Douglas Dillard
G. Douglas Dillard
R. Baxter Russell
CC Via Email:
Chuck Warbington
Lawrenceville City Manager (Chuck.Warbington@ lawrencevillega.org)
Todd Hargrave
Director of Planning and Development (Todd.Hargrave@ lawrencevillega.org)
Attachment "C"
Constitutional Objection/Anti-Litem Notice
Georgia law and the procedures of the City of Lawrenceville require us to raise Federal
and State constitutional objections during the application process. While the Applicant
anticipates a smooth application process, failure to raise constitutional objections at this stage
may mean that the Applicant will be barred from raising important legal claims later in the
process. Accordingly, we are required to raise the following constitutional objections at this
time:
The portions of the Zoning Ordinance of the City of Lawrenceville, Georgia ("Zoning
Ordinance"), facially and as applied to the Property, which restrict the Property to any uses,
conditions, land use designations, development standards, or to any zoning district other than that
proposed by the Applicant are unconstitutional in that they would destroy the Applicant's
property rights without first paying fair, adequate and just compensation for such rights, in
violation of Article I, Section I, Paragraph I and Section m, Paragraph I of the Constitution of
the State of Georgia of 1983, and the Due Process Clause of the Fourteenth Amendment to the
Constitution of the United States.
The application of the Zoning Ordinance, facially and as applied to the Property, which
restricts the Property to any uses, conditions, land use designations, development standards, or to
any zoning district other than in accordance with the Application as proposed by the Applicant is
unconstitutional, illegal, null and void, constituting a taking of Applicant's property in violation
of the Just Compensation Clause of the Fifth Amendment to the Constitution of the United
States; Article I, Section I, Paragraph I, and Section Ill , Paragraph I of the Constitution of the
State of Georgia of 1983 ; and the Equal Protection and Due Process Clauses of the Fourteenth
Amendment to the Constitution of the United States denying the Applicant an economically
viable use of its land while not substantially advancing legitimate state interests.
A denial of the Application would be unconstitutional under the Takings Clause of the
Fifth Amendment to the Constitution of the United States and the Just Compensation Clause of
Article I, Section Ill, Paragraph I of the Constitution of the State of Georgia of 1983. A refusal
by the Lawrenceville City Council (including its members in both their official and individual
capacity) to grant the Application as requested would constitute a taking of the Applicant' s
property. Because of this unconstitutional taking, the City of Lawrenceville would be required to
pay just compensation to the Applicant.
A denial of the Application would constitute an arbitrary and capricious act by the
Lawrenceville City Council (including its members in both their official and individual capacity)
without any rational basis therefore constituting an abuse of discretion in violation of Article I,
Section I, Paragraph I and Section Ill, Paragraph I of the Constitution of the State of Georgia of
1983, and the Due Process Clause of the Fourteenth Amendment to the Constitution of the
United States. A refusal to grant the requested rezoning application would lack objective
justification and would result only from neighborhood opposition, which would constitute an
unlawful delegation of the zoning power to non-legislative bodies in violation of the Georgia
Constitution, Article IX, Section II , Paragraph 4.
A refusal by the Lawrenceville City Council (including its members in both their official
and individual capacity) to grant the requested rezoning application for the Property in
accordance with the criteria as requested by the Applicant would be unconstitutional and
discriminate in an arbitrary, capricious and unreasonable manner between the Applicants and
applicants or owners of the similarly situated property in violation of Article I, Section I,
Paragraph II of the Constitution of the State of Georgia of 1983 and the Equal Protection Clause
of the Fourteenth Amendment to the Constitution of the United States. Any approval of the
Application subject to conditions which are different from the conditions requested by the
Applicant to the extent such different conditions would have the effect of further restricting
Applicant' s utilization of the Property, would also constitute an arbitrary, capricious, and
discriminatory act in zoning the Property to an unconstitutional classification and would likewise
violate each of the provisions of the State and Federal Constitutions set forth hereinabove.
A denial of these application would be unconstitutional. This notice is being given to
comply with the provisions of O.C .G.A. § 36-33-5 to afford the City an opportunity to approve
the rezoning as requested by the Applicant. If action is not taken by the City to approve the
rezoning application within a reasonable time, a claim will be filed in the Superior Court of
Gwinnett County demanding just and adequate compensation under Georgia law for the taking
of the Property, inverse condemnation, diminution of value of the Property, attorney ' s fees and
other damages arising out of the unlawful deprivation of the Applicant' s property rights.
Standing Objection
The Applicant further objects to the standing of each and every surrounding resident to
challenge, whether before the City Council or any court of competent jurisdiction, any zoning
decision by the City Council in that he/she has not shown, nor can show, that he/she will suffer
special damages within the meaning of Georgia law as a result of said decision. The Applicant
raises this objection before the City Council and requests that the Council determine the standing
of any individual who challenges or objects to the Council decision to grant the requested
rezoning. Applicant further raises this objection before the City Council to preserve said
objection on appeal, if any, to any court of competent jurisdiction.
ORDINANCE NO: ZON-ORD-2022-4 CASE NO: RZM2021-00032
MAYOR AND COUNCIL
CITY OF LAWRENCEVILLE, GEORGIA
ORDINANCE
READING AND ADOPTION:
At the regular meeting of the Mayor and Council of the City of Lawrenceville,
held at City Hall, 70 S. Clayton Street, Lawrenceville, Georgia.
PRESENT
David R. Still, Mayor Yes
Glenn Martin, Mayor Pro Tern Yes
Victoria Jones, Council Member Yes
Marlene Taylor-Crawford, Council Member Yes
Austin Thompson, Council Member Abstain
On motion of Council Member Jones, seconded by Mayor Pro Tern Martin,
which carried 4-0, the following ordinance was ADOPTED:
AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP
WHEREAS, the Planning Commission of the City of Lawrenceville has held a
duly advertised public hearing and has filed a formal recommendation with the
Mayor and Council of the City of Lawrenceville upon an Application to Amend the
Official Zoning Map from BG (General Business District) to RM-8 (Townhome
Residential District) by Lawrenceville Land Holdings, LLC for the proposed use of
Townhomes on a tract of land described by the attached legal description, which is
incorporated herein and made a part hereof by reference; and
ORDINANCE NO: ZON-ORD-2022-4 CASE NO: RZM2021-00032
WHEREAS, notice to the public regarding said Amendment to the Official
Zoning Map has been duly published in THE GWINNETT DAILY POST, the Official News
Organ of the City of Lawrenceville; and
WHEREAS, a public hearing was held by the Mayor and Council of the City of
Lawrenceville on March 28, 2022 and objections were not filed.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of
Lawrenceville this the 28thday of March, 2022, that the aforesaid application to amend the
Official Zoning Map from BG (General Business District) to RM-8 (Townhome Residential
District) is hereby APPROVED WITH CONDITIONS.
Approval as RM-8 (Town home Residential District) for a townhouse development, subject
to the following enumerated conditions:
1. To restrict the use of the property as follows:
A. Residential townhouse units at a maximum of 126 units on approximately
12.23 acres at a density of 10.3 Units Per Acre (UPA).
B. The maximum number of Front Entry Units shall be thirty-two (32}. Front Entry
Units shall be prohibited along Gwinnett Drive.
C. The development shall be designed and constructed in general accordance
with the site plan presented at the Council meeting on March 28, 2022, with the
exception that the plan may be modified with the removal of all or some of the
front entry townhomes and replaced with rear entry townhomes. Final
approval shall be subject to the review and approval of the Director of the
Planning and Development Department.
D. The townhouse units shall be designed in general accordance with the
elevations being predominantly 3-side masonry, which could be brick, stone
or a combination of brick and stone (with accents of fiber cement siding),
covered front porches with metal roofs and corner end units having expanded
ORDINANCE NO: ZON-ORD-2022-4 CASE NO: RZM2021-00032
porches for rear entry townhomes. Front entry townhomes shall have a
covered rear porch. Final design shall be subjectto the review and approval of
the Director of the Planning and Development Department.
E. The proposed landscaping shall be designed and installed in general
accordance with the trees and plant materials shown on the site plan titled
"Rezoning Site Plan - 3, Gwinnett Drive Towns," prepared by Universal
Planning & Development, LLC, dated March 25, 2022. Final approval shall be
subject to the review and approval of the Director of the Planning and
Development Department.
F. All dwellings shall have a double car garage with carriage-style garage doors.
Final design shall be subject to the review and approval of the Director of the
Planning and Development Department.
G. All Rear Entry Units shall be a minimum of three (3) stories or thirty-five (35)
feet in height, as measured from the lowest elevation of the rear-entry-garage-
floor. Final design shall be subject to the review and approval of the Director
of the Planning and Development Department.
H. All townhouse units shall consist of a two (2) car garages, with a driveway
measuring eighteen (18) feet in width and twenty-six (26) feet in depth,
providing sufficient space for two (2) passenger vehicles. Final design shall be
subject to the review and approval of the Director of the Planning and
Development Department.
I. Development shall be designed and consist of fifty-five (55) on-street parking
spaces or one additional space per townhouse unit within the project for guest
and overflow parking. Final design shall be subject to the review and approval
of the Director of the Planning and Development Department.
2. To satisfy the following site development considerations:
A. The development shall abide by all applicable standards of the Development
Regulations, unless otherwise specified in these conditions, or through
approval of a variance administratively, or by the Zoning Board of Appeals, as
appropriate.
B. All grassed areas on dwelling lots shall be sodded.
C. All underground utilities shall be provided throughout the development.
ORDINANCE NO: ZON-ORD-2022-4 CASE NO: RZM2021-00032
D. Allow a ten (10) foot encroachment into the required twenty-five (25) foot
Front Yard Setback along Gwinnett Drive. The Front Yard Setback along
Gwinnett Drive shall be reduced fifteen (15) feet.
E. The property shall be gated with interior private streets permitted.
F. The developer shall upgrade off site sewer at no cost to the City of
Lawrenceville or Gwinnett County including design, acquisition of easements,
and construction in accordance with direction and approval from Gwinnett
County.
David R. Still, Mayor
Date Signed: __ o~.l. . .La""--',{_7-.D
__ 2_L__
ATTEST:
~ uonSio:xs,
Karenierce, City Clerk
ORDINANCE NO: ZON-ORD-2022-4 CASE NO: SUP2021-00057
MAYOR AND COUNCIL
CITY OF LAWRENCEVILLE, GEORGIA
ORDINANCE
READING AND ADOPTION:
At the regular meeting of the Mayor and Council of the City of Lawrenceville,
held at City Hall, 70 S. Clayton Street, Lawrenceville, Georgia.
PRESENT
David R. Still, Mayor Yes
Glenn Martin, Mayor Pro Tern Yes
Victoria Jones, Council Member Yes
Marlene Taylor-Crawford, Council Member Yes
Austin Thompson, Council Member Abstain
On motion to APPROVE the requested Special Use Permit by Council
Member Jones, seconded by Mayor Pro Tern Martin, which carried 4-0, the
following ordinance was ADOPTED:
AN ORDINANCE TO APPROVE A SPECIAL USE PERMIT
WHEREAS, the Planning Commission of the City of Lawrenceville has held a duly
advertised public hearing and has filed a formal recommendation with the Mayor and
Council of the City of Lawrenceville upon an Application for a Special Use Permit from
Lawrenceville Land Holdings, LLC for the proposed use of townhouse development
consisting of thirty-two (32) Front Entry Units on a tract of land described by the
attached legal description, which is incorporated herein and made a part hereof by
reference; and
WHEREAS, notice to the public regarding said Amendment to the Official
ORDINANCE NO: ZON-ORD-2022-4 CASE NO: SUP2021-00057
Zoning Map has been duly published in THE GWINNETT DAILY POST, the Official News
Organ of the City of Lawrenceville; and
WHEREAS, a public hearing was held by the Mayor and Council of the City of
Lawrenceville on March 28, 2022 and objections were not filed.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of
Lawrenceville this the 28th day of March, 2022, that the aforesaid application for a Special
Use Permit is hereby APPROVED WITH CONDITIONS.
Approval of a Special Use Permit for Front Entry Garage Units, subject to the following
enumerated conditions:
1. To restrict the use of the property as follows:
A. The maximum number of Front Entry Units shall be thirty-two (32). Front Entry
Units shall be prohibited along Gwinnett Drive.
David R. Still, Mayor
Date Signed: _ o~\~
\
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ATTEST:
ORDINANCE NO: ZON-ORD-2022-4 CASE NO: SUP2021-00058
MAYOR AND COUNCIL
CITY OF LAWRENCEVILLE, GEORGIA
ORDINANCE
READING AND ADOPTION:
At the regular meeting of the Mayor and Council of the City of Lawrenceville,
held at City Hall, 70 S. Clayton Street, Lawrenceville, Georgia.
PRESENT
David R. Still. Mayor Yes
Glenn Martin, Mayor Pro Tern Yes
Victoria Jones, Council Member Yes
Marlene Taylor-Crawford, Council Member Yes
Austin Thompson, Council Member Abstain
On motion to APPROVE the requested Special Use Permit by Council
Member Jones, seconded by Mayor Pro Tern Martin, which carried 4-0, the
following ordinance was ADOPTED:
AN ORDINANCE TO APPROVE A SPECIAL USE PERMIT
WHEREAS, the Planning Commission of the City of Lawrenceville has held a
duly advertised public hearing and has filed a formal recommendation with the
Mayor and Council of the City of Lawrenceville upon an Application for a Special Use
Permit from Lawrenceville Land Holdings. LLC for the proposed use of townhouse
development with an increase in density on a tract of land described by the attached
legal description, which is incorporated herein and made a part hereof by reference;
and
ORDINANCE NO: ZON-ORD-2022-4 CASE NO: SUP2021-00058
WHEREAS, notice to the public regarding said Amendment to the Official
Zoning Map has been duly published in THE GWINNETT DAILY POST, the Official News
Organ of the City of Lawrenceville; and
WHEREAS, a public hearing was held by the Mayor and Council of the City of
Lawrenceville on March 28, 2022 and objections were not filed.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of
Lawrenceville this the 28th day of March, 2022, that the aforesaid application for a Special
Use Permit is hereby APPROVED WITH CONDITIONS.
Approval of a Special Use Permit for an increase in density, subject to the following
enumerated conditions:
1. To restrict the use of the property as follows:
A. Residential townhouse units at a maximum of 126 units on approximately
12.23 acres at a density of 10.3 Units Per Acre (UPA).
David R. Still, Mayor
Date Signed: olla (1..DlJ_
ATTEST:
Karen Pierce, City Clerk
BUl tD I N G SETBACKS R[QU IR [O S lt OW N t,HIO P.I.RCHS fOR ,\5S[M8l.l.GE t12 lJ .I.CRES (GROSSI
fRONT YARD SETBACK 15 rEE t I S FHT PROPOSED TOW N llOUSES I 16 U N il S I PflAISE C0 "4M UNl!l CHURCH S1•1 i l l 19 J) ,\(-(S
SIDE YARD SETBACK 20 HE I 20 f(fl · FRONT ENTRY UNITS 31 U N ITS (25%1 J {UROSIA- INVBIMC NI S, ltC Sl•l )29
REAR YARD SETBACK 10 HE T 10 FEET . ftfAR E N TRY U N ITS H UN IT S 17 5% )
PROPOSED D E N SI TY 126 U N / l Z.23 A C • 10 . 3 0 UN /AC OEVHOHR CONTACT
UNIVERS,\t Pl ANNING & OEVEtOPMENI,
REZONING SITE PLAN - 4 PROPOSED UN IT SIZES H ' (Wix SO' ID)
20 ' (W) x • 5' ID)
fRONT
RE AR
601) SHAOBUIIN f[RRl R0.1.0
au,0110 . GA JOSI&
</o{ 11tC JOHANS£ N
GWINNETT DRIVE TOWNS
PROPOSED S 1R HTS PRI\/AlE STREE 1 S 671 S71 UO °'II DAl E: MA R CIi 15, 202)
JU RlSOICTION Cl TY Of LA.WR ENCE\lfl LE
••l~•unhfr . . lPl•nn1n111, com SCALE: 1 ·• so·
PROPOSED ZONING RM · 8 (TOWNHOMES) w/ ~UP
LEGAL DESCRIPTION OF ASSEMBLED PARCELS
All that tract(s) or parcel(s) of land situate, lying and being in Land Lot 141, 5th District, City of
Lawrenceville, Gwinnett County, Georgia, and being Tax Parcel ID 5141 268 (HHE, Inc), Tax Parcel 5141
329 (Euro Star Investments, LLC), and a portion of Tax Parcel ID 5141133 (Lawrenceville Church of God)
and being more particularly described as follows :
Beginning at the Intersection of the Northeasterly right-of-way line of Gwinnett Drive (80 foot right-of-
way) and the Land Lot line common to Land lot line 141 and land lot line 142; thence N 59°52'53" E,
leaving said Northeasterly right-of-way line, and along said Land lot line, a distance of 230.92 feet to a
point; thence S 25°55'07" E, leaving said land lot line, a distance of 249.65 feet to a point; thence N
59°53'31" E, a distance of 1,038.07 feet to a point; thence S 29°54'35" E, a distance of 498.72 feet to a
point; thence S 59°50'00" W, a distance of 553 .63 feet to a point on said Northeasterly right-of-way line
of Gwinnett Drive (80' right-of-way); thence Northwesterly, along a curve to the left (having a radius of
756.20 feet and a chord length of 122.35 feet that bears N 83°35'45" W) an arc length of 122.48 feet to a
point; thence continuing along the same curve (having a radius of 756.20 feet and a chord length of 150.62
feet that bears S 85°42'56" W) and arc length of 150.87 feet to a point; thence S 80°00'00" W, a distance
of 118.77 feet to a point; the next three (3) calls being coincident with said Northwesterly right-of-way
line thence along a curve (having a radius of 532.96 feet and a chord length of 148.70 feet that bears S
88°01'13" W) an arc length of 149.19 feet to a point; thence Northwesterly along a curve to the right
(having a radius of 532.96 feet and a chord length of 28 .67 feet that bears N 82°25' 11" W) an arc length
of 28.68 feet to a point; thence Northwesterly, along a curve to the right (having a radius of 532.96 feet
and a chord length of 457.87 feet that bears N 55°26'21" W) an arc length of 473 .27 feet to a point; thence
N 30°00'00" W, a distance of 55 .42 feet to a point; thence Northwesterly, along a curve to the right (having
a radius of 1,105.92 feet and a chord length of 12.66 feet that bears N 23°38'57" W) an arc length of 12.66
feet to the Point of Beginning.
Said tract containing 12.23 acres, more or less.
RZM2021-00032 SUP2021-00057 SUP2021-00058
Received: January 31, 2022
Planning and Development Department
Agenda
CITY COUNCIL REGULAR MEETING
AGENDA
Monday, April 25, 2022 Council Assembly Room
7:00 PM 70 S. Clayton St, GA 30046
Call to Order
Prayer
Pledge of Allegiance
Agenda Additions / Deletions
Approval of Prior Meeting Minutes
1. March 26, 2022 Retreat
2. March 28, 2022 Regular Meeting and Executive Session
3. April 13, 2022 Retreat, Work Session and Executive Session
Announcements
Public Comment
To participate in the Public Comment part of the Agenda, you must register with the City Clerk prior
to the beginning of the meeting. Presentations will be limited to 2 minutes per person and Council
will not respond to the comment.
Consent Agenda
These are items on which the Mayor and Council are in agreement to approve and are placed on the
agenda to be approved in one vote.
4. City of Lawrenceville Depot District Signs Project
5. Purchase of Natural Gas Materials on a Six-Month Contract
6. Resolution to adopt Fleet Policy
7. Broad-Based Geographic Information Systems Services on an Annual Contract
Public Hearing New Business
Discussion will be limited to 7 minutes per side including rebuttal. Discussions on Zoning issues will
be limited to 10 minutes per side including rebuttal. Questions and answers from Council Members
will not infringe on the time limit.
8. An Ordinance to Amend Article 7, Signs, Section 702 of the Zoning Ordinance
9. RZC2022-00033, SUP2022-00059 & SUP2022-00065; DeThomas Investments, LLC; Northeast
intersection of State Route 20 and State Route 316
10. RZM2022-00011; Avrohom Wolf c/o Balfour 419, LLC; 419 Hurricane Shoals Road
11. RZM2022-00012; WSE Development LLC c/o The Worthing Company; 641 Buford Drive, 655
Buford Drive, 675 Buford Drive, 3675 Buford Drive
Council Business New Business
There is no public comment during this section of the agenda unless formally requested by the
Mayor and the Council.
12. Property and Casualty Insurance Brokerage Services an Annual Contract
13. Purchase of Tax Parcel 5147 199 (Crogan Street)
Executive Session – Personnel, Litigation, Real Estate
Final Adjournment
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