Planning Commission

PLANNING COMMISSION MEETING MINUTES Monday, May 5, 2025 Council Assembly Room 6:00 p.m. 70 South Clayton Street, Lawrenceville, Ga 30046 CALL TO ORDER: 6:00 p.m. PRESENT Chairperson Bruce Hardy Vice-Chairperson Jeff West Commission Member Stephanie Henriksen Commission Member Sheila Huff ABSENT Commission Member Darion Ward APPROVAL TO AMEND AGENDA AS PRESENTED: Motion made to AMEND the agenda as presented by Commission Member Henriksen and Seconded by Council Member Huff • Table - Item No. 5. RZR2025-00028 – The InVision Group, LLC, the Applicant, and Benjamin Bailey, the Owner; an application to rezone the subject property from RS-150 (Single-Family Residential District) to RS-TH INF (Townhouse-Family Infill Residential District) to allow for a proposed townhouse development; the subject property is located at 215 Jackson Street, identified by the Parcel Identification Rev is ion No.  Number R5146A129, and encompasses approximately 0.98 acres to the Monday, June 2, 2025, Planning Commission Public Hearing. • Withdraw - Item No. 6. RZR2024-00025 – North DTL CC Ph1, LLC, the Applicant, and Evan & Jenna Simmons, Danny Gravitt, Kyle & Sarah Norton, Lawrenceville Brethren Assembly Inc., Norton Classics, LLC, and City of Lawrenceville, the Owners; an application to rezone certain properties (parcel assemblage) from RS- 150 (Single-Family Residential District), RM-12 (Multifamily Residential District), BG (General Business District), and OI (Office Institutional District) to RS-50 INF (One-Family Infill Residential District) and RS-TH INF (Townhouse-Family Infill Residential District) to allow for a housing master plan; the subject properties are located at 815, 816, 823, 824, 830, 838, 843, 853, and 857 N Clayton Street and 385 Northdale Road, identified by the Parcel Identification Numbers R5146C011, R5145 055, R5145 056, R5145 058, R5145 059, R5145 060, R5145 065, R5145 066, R5145 067, R5145 068, and R5145 255, and encompass approximately 6.2 acres. Item will be amended and advertised to the June 2025 Public Hearing dates. Voting Yea: Chairperson Hardy, Vice-Chairperson West, Commission Member Henriksen, Commission Member Huff APPROVAL OF AGENDA AS AMENDED: Motion made to APPROVE THE AGENDA AS AMENDED the agenda as presented by Vice Chairperson West and Seconded by Council Member Huff Voting Yea: Chairperson Hardy, Vice-Chairperson West, Commission Member Henriksen, Commission Member Huff APPROVAL OF PRIOR MEETING MINUTES 6:02 p.m. • Motion made to APPROVE Monday, March 3, 2025, Planning Commission Meeting Minutes by Council Member Huff and Seconded by Vice-Chairperson West Voting Yea: Chairperson Hardy, Vice-Chairperson West, Commission Member Henriksen, Commission Member Huff Rev is ion No. NEW BUSINESS: 2. ANNX2025-00009 & RZM2025-00020 – Dalton D&K Properties LLC, the Applicant, and Ernest Michael Henderson, the Owner; an application to annex and rezone portions of the subject property from Gwinnett County R-100 (Single-Family Residential District) to City of Lawrenceville CMU (Community Mixed Use District) to allow for a mixed-use development; the subject property is located at 1144 Grayson Highway, identified by the Parcel Identification Number R5139 002, and encompasses approximately 9.82 acres. Motion made to recommend the APPROVAL of ANNX2025-00009 & RZR2025- 00020 as BG (General Business District) with Planning Commission recommendations by Vice-Chairperson West and Seconded by Commission Member Huff The motion to recommend approval includes the following factors: o Condition 1.A. - delete 13 Units Per Acre (UPA) and add replace with 23.11 Units Per Acre (UPA) as shown on the submitted site plan. o Condition 2.A. – The percentage of gross land area devoted to specific use includes the term light industrial. This term shall be deleted. o Condition 2.E. – add after the term easternmost and the northern property line adjacent to single-family residential zoning.” Voting Yea: Chairperson Hardy, Vice Chairperson West, Commission Member Henriksen, Commission Member Huff Voting Nay: NA Opposition: None Rev is ion No.  Proponent: • Alex Mitchem, LJA Engineering - General presentation detailing overview of the project. • John Kapka – General questions relating to the requests. o Questions relating to the legislative annexation requiring voter referendum during the year 2026. o Concerns relating to overall building height and buffers. • Glenn Couey, c/o Skating Clubs of West Georgia Inc (Sparkles) – Information relating to sound levels associated with the neighboring skating rink. o Skating Rink - Sound Study (Noise or Acoustic Study) indicate decibels (dB) levels range from 43 dB to 64 dB. Level of intensity associated with the study is considered acceptable. 3. RZR2025-00026 – JCT Construction Group Inc. c/o LJA Engineering, the Applicant, and Jeffrey Threat, the Owner; an application to rezone the subject property from BG (General Business District) to RS-TH INF (Townhouse-Family Infill Residential District) to allow for a townhome development; the subject property is located at 150 Scenic Highway, identified by the Parcel Identification Number R5147 230, and encompasses approximately 3.94 acres. Motion made to recommend the APPROVAL of RZR2025-00026 as RS-TH INF (Townhouse-Family Infill Residential District) with Staff recommended conditions by Commission Member Henriksen and Seconded by Commission Member Huff Voting Yea: Chairperson Hardy, Vice Chairperson West, Commission Member Henriksen, Commission Member Huff Opposition: None Proponent: Alex Mitchem, LJA Engineering - General presentation detailing overview of the project. Rev is ion No.  4. RZC2025-00067 & SUP2025-00100 – R. Duane Hawk, the Applicant; Foundation Technologies, Inc., the Owner; an application to rezone the subject property from HSB (Highway Service Business District) to BG (General Business District) and an application for a Special Use Permit for Outdoor Storage and Boat and Marine Equipment Sales and Service; the subject properties are located at 738 Scenic Highway and 750 Scenic Highway, identified by the Parcel Identification Numbers R5108 005, R5108 005A, and R5108 006, and encompass approximately 3.81 acres. Motion made to recommend DENIAL of RZC2025-00067 as BG (General Business District) and SUP2025-00100 allowing Outdoor Storage by Commission Member Henriksen and Seconded by Vice-Chairperson West The motion to recommend denial includes the following factors: • Outdoor storage of watercraft and visibility from neighboring properties and public right-of-way. • Noise levels, specifically noise associated with engine repair • Buffer does not adequately separate the residential properties to the south. Buffer to east would provide a minimum of 100 feet near the southern property line, and 200 feet near the northern property line. Voting Yea: Chairperson Hardy, Vice Chairperson West Commission Member Henriksen, Commission Member Huff Opposition: Susan Justice – concerns relating to overall appearance and impacts on neighboring residential zoned properties. o Concerns relating to the appearance of the existing storefront located along Buford Drive. o Concerns relating to Staff support of request after discussion. The report was written for denial specifically outdoor storage. However, after several discussions relating to the request the applicant intends to minimize potential impacts on neighboring properties. Rev is ion No.  Proponent: Gabrielle H. Schaller, Esq., Mahaffey Pickens Tucker, LLP 7. RZC2025-00066, SUP2025-00105, & BFR2025-00001 – Maya Radovic Permits 1, Inc., the Applicant, and Awny Gorban, the Owner; an application to rezone a portion of the subject property from BG (General Business District) and RS-150 (Single-Family Residential District) to BG (General Business District), to allow a Special Use Permit for an Automobile, Truck or Vehicle Storage Lot (excl. junk/wrecked vehicles), and to reduce the required zoning buffer from 75 feet to 30 feet; the subject property is located at 417 Buford Drive, identified by the Parcel Identification Number R5176 062, and encompasses approximately 2.29 acres. Motion made to recommend DENIAL of 7. RZC2025-00066 as BG (General Business District), SUP2025-00105 allowing Outdoor Storage, & BFR2025- 00001 allowing a reduction in buffers by Commission Member Henriksen and Seconded by Commission Member Huff Voting Yea: Chairperson Hardy, Vice Chairperson West, Commission Member Henriksen, Commission Member Huff Voting Nay: Opposition: Bill Pitts – The removal of trees to allow outdoor storage of vehicles adversely affects neighboring property owners. Proponent: Maya Radovic, Applicant – Neighboring properties to the south do not have a buffer. Staff provided an explanation indicating antiquated policies and lack of proper review may have been a factor in allowing light industrial uses to the south without requiring buffers. Rev is ion No.  8. SUP2025-00104 – Angelique Lundy, the Applicant, and Angelique & Mark Lundy, the Owners; an application for a Special Use Permit to allow a Personal Care Home (Family); the subject property is located at 187 Old Timber Road, identified by the Parcel Identification Number R5116 031, and encompasses approximately 1.20 acres. Motion made to recommend the DENIAL of SUP2025-00104 to allow Personal Care Home, Family by Commission Member Henriksen and Seconded by Vice Chairperson West The motion to recommend approval with staff recommendations includes the following factors: Location, zoning, business activity, traffic and parking. Additional concerns were related to the improvement required for a Residential R-3 occupancy, which could include the installation of an automatic sprinkler system. Voting Yea: Chairperson Hardy, Vice Chairperson West, Commission Member Henriksen, Commission Member Huff Voting Nay: NA Opposition: Marie Beiser – concerns relating to influx of visitors at any given time (family members), traffic and on-street parking, business activity would adversely impact neighboring property owners, topography and streams may be a hazard for elderly residence occupying the single-family dwelling. Sue Robinson - Subdivision was constructed for single-family zoning and uses, business activity adversely impacts neighboring property owners, business activity would be more appropriate in commercial zoning classification, traffic and impacts on city services, field trips and bus parking (applicant website may include language indicating personnel services for elderly residents) Proponent: Angelique Lundy, Applicant Rev is ion No.  Staff Comment: The applicant stated during the public hearing that a Planning and Development staff member had advised that a Special Use Permit application could only be processed if submitted by a property owner. In response, the Director of the Planning and Development Department held private discussions with each staff member regarding this allegation. Staff is fully aware that, in accordance with the State of Georgia's requirements, all requests must include property owner acknowledgment. Therefore, the claim cannot be justified. 9. SUP2025-00106 – HFA - Kelsey Kreher, the Applicant, and Sugarloaf Marathon, LLC, the Owner; an application for a Special Use Permit to an Automobile Repair and Maintenance; the subject property is located at 4855 Sugarloaf Parkway, identified by the Parcel Identification Number R7035 037, and encompasses approximately 0.81 acres. Motion made to recommend the APPROVAL of SUP2025-00106 to allow an Automobile Repair and Maintenance Facility (Oil Change) by Vice Chairperson West and Seconded by Commission Member Huff Voting Yea: Chairperson Hardy, Vice Chairperson West, Commission Member Henriksen, Commission Member Huff Voting Nay: NA Opposition: None Proponent: None Public Comment Sonny Gilreath – General concerns relating to SUP2025-00104. Specifically mentioned the cost associated with required building codes may negatively impact on the applicant’s request. Rev is ion No. FINAL ADJOURNMENT: • Motion made to ADJOURN by Commission Member Henriksen, and Seconded by Commission Member Huff Voting Yea: Chairperson Hardy, Vice-Chairperson West, Commission Member Henriksen, Commission Member Huff, Commission Member Ward Rev is ion No. PLANNING AND DEVELOPMENT MAYOR AND COUNCIL RECOMMENDED CONDITIONS 4-0179-2025 RZR2025-00026 Approval of a rezoning to RS-TH INF (Townhouse-Family Residential District), subject to the following enumerated conditions: 1. To restrict the use of the property as follows: A. Twenty-seven (27) Townhouse-Family dwellings and dwelling units, not to exceed seven units per acre (7 UPA). B. Townhouse dwellings shall be three stories at a minimum of twenty-two feet (22’) by fifty feet (50’) and shall be dwelling units shall be constructed with three sides of brick. The remaining balance of the home may be the same, or fiber-cement shake or siding with a minimum thirty-six-inch (36 in.) brick water table. C. The front façade of each townhouse dwelling and dwelling unit shall be adjacent to the public right-of-way. Final approval shall be subject to the review and approval of the Director of the Planning and Development Department. RZR2025-00026-M&C Rec Cond_4-17-2025 D. Each dwelling unit/townhouse unit shall have a garage that accommodates two cars. Tandem garages shall not be allowed. Minimum parking requirements shall be as follows: Townhouse dwelling and dwelling units shall have a two-car garage, no parking space outside of the garage, and one additional space per townhouse within the project for guest parking. The plan shall be approved by the Director of Planning and Development. E. Each unit/dwelling shall be rear loaded and accessed via a forty-foot (40 ft.) Private Access Utility Easement. Final approval shall be subject to the review and approval of the Director of the Planning and Development Department. 1  F. Townhouse dwelling and dwelling units shall have a Minimum Heated Floor Area of 2,000 square feet for one-, two-, and three,- bedroom units. Four and four-four bedroom unit.s shall be prohibited. 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. 2. To satisfy the following site development considerations: A. Provide a fifty-foot (50 ft.) Front Yard Building Setback adjacent to Scenic Highway. B. Provide a fifteen-foot (15 ft.) Front Yard Building Setback adjacent to Carver Circle. C. Provide a ten-foot (10 ft.) Rear Yard Building Setback adjacent to Parcel Identification Numbers R5147 002, R5147 015A. and R5147 177. D. Provide a fifteen-foot (15 ft.) internal Front Yard Building Setback adjacent to required internal 40-foot Private Access Utility Easement. E. Provide a twenty-foot (20 ft.) internal Rear Yard Building Setback adjacent to a 40-foot Private Access Utility Easement. F. Along the frontage of the property of Carver Circle, Ddedicate to the City ten feet (10 ft) of Right-of-Way, widening by three feet (3 ft), provide curb and RZR2025-00026-M&C Rec Cond_4-17-2025 gutter, and provide a 5’ sidewalk. along the frontage of the property to Carver Circle. Final design shall be reviewed and approved by the City Engineer. F.G. Underground utilities shall be provided throughout the development. G.H. Natural vegetation shall remain on the property until the issuance of a development permit. H.I. New bBillboards or oversized signs shall be prohibited. I.J. Lighting shall be contained in cut-off type luminaries and shall be directed toward the property so as not to shine directly into adjacent 2  properties or right-of-way. 3 RZR2025-00026-M&C Rec Cond_4-17-2025 PLANNING AND DEVELOPMENTCOMMISSION RECOMMENDED CONDITIONS - 05052025 RZM2025-00020 Approval of a rezoning to CMU (Community Mixed-Use District), subject to the following enumerated conditions: 1. To restrict the use of the property as follows: A. Multifamily and townhouse-family dwellings, dwelling units, and accessory structures not to exceed thirteen twenty three units per acre (213 UPA). Townhouse units shall abut Parcel Identification Numbers 5151 241, 242, 243, 244 and 245 (St. Lawrence Plantation) to ensure transition from high- density to residential low density uses as indicated on the Zoning Plan for 1144 Grayson Highway Mixed Use, dated December 17, 2024. B. Retail, service-commercial, office and accessory uses. The following uses shall be prohibited:  Adult Bookstores or Entertainment  Automotive Uses such as: i. Parts Stores ii. Used Car Sales RZM2025-00020_PC REC CNDS_05052025 iii. Tire Sales iv. Auto Repair/Body Shop v. Car/Truck Rental  Contractor’s Offices  Emission Inspection Stations  Equipment Rental 1   Extended Stay Hotels or Motels  Recovered Materials Processing Facilities  Smoke Shops/Novelty Stores  Tattoo Parlors  Taxidermists  Yard Trimmings Composting Facilities C. 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. D. Multifamily and Townhome Units shall meet the following standards: 1. Four (4) bedroom units shall be prohibited 2. All units shall include granite counter tops and stainless-steel appliances. 3. Dwelling unit rates shall be market rent except that five percent (5%) of the overall units shall meet eighty to one hundred percent (80%-100%) of the current Atlanta Region AMI and the development shall provide an annual certification to the Planning and Development Department RZM2025-00020_PC REC CNDS_05052025 indicating that this standard is being met. 4. Townhouse dwelling units shall be constructed as rear-entry or loaded units consisting of a two-car garage. 5. Townhouse dwelling units shall be a minimum of twenty feet (20 ft.) from the forty foot (40 ft.) Private Access or Utility Easement. 2 E. Multifamily - Mandatory Professional Property Management. The development shall have property management and shall be recorded in the deed records of the Superior Court of Gwinnett County either as written restrictive covenants or on the plat for development of the subdivision. Voluntary compliance with the Gwinnett County Crime Free Multi-Housing program is strongly suggested. F. Townhouse - Mandatory Homeowners Association. As part of the planning process for the development of a townhome subdivision, the developer shall propose at the time of the request for development a Homeowners Association to be attached to the development property. The Homeowners Association shall be recorded in the deed records of the Superior Court of Gwinnett County either as written restrictive covenants or on the plat for development of the subdivision. The development shall have a mandatory community association(s) to provide maintenance for all common areas (including the maintenance of landscaping within internal rights-of-way and immediately adjacent external rights-of-way) and enforce reasonable and customary property maintenance standards through covenants on all residences within the community. They must provide other services to be defined within the covenants, conditions, and restrictions that will be recorded with the City prior to the issuance of the first building permit. The covenants will run for 20 years and automatically renew every 20 years unless 51% of the persons RZM2025-00020_PC REC CNDS_05052025 owning lots in the subdivision vote to terminate the covenants as governed by O.C.G.A. 44-5-60. Subject to applicable City, local, and federal rules, laws, regulations, and rulings of courts having competent jurisdiction over the subject property, said covenants shall include a restriction that no more than 10% of the single-family units (with an additional 5% hardship) may be leased to third parties by individual owners. Restrictive Covenant shall include the following: Development amenities shall include a resort style pool, cabana, fitness center, and a community room for residents. Community room shall be sized large enough for activities such as student after school programs, etc. 3  Common area(s)/Park(s) shall be programed with amenities to maximize use such as benches, tables, grills, etc. G. In the event of residential 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. The percentage of gross land area devoted to civic/institutional, commercial/retail, light industrial or office uses shall be thirty percent (30%) of the total project area. B. The development shall be a gated community, with automated card access gates at all entrances/exits. The access gate system is required to always be maintained and functional, with any required repairs to be made within one week. Pending approval of the City of Lawrenceville Planning and Development Department, and Gwinnett County Department of Planning and Development Fire Plan Review Section C. Provide a fifty-foot-wide (50 ft.) front yard building setback adjacent to the eastern right-of-way of Grayson Highway. D. Provide a fifteen-foot-wide (15 ft.) front yard building setback combined with a landscape strip, adjacent to the northern right-of-way of Sugarloaf Parkway. RZM2025-00020_PC REC CNDS_05052025 E. Provide a minimum 50-foot wide natural or enhanced buffer adjacent to the easternmost and northernmost property lines where adjacent to residential properties. F. Natural vegetation shall remain on the property until the issuance of a development permit. 4 G. Provide a 5-foot concrete sidewalk along the road frontages of Sugarloaf Parkway and Grayson Highway. H. Ground signage shall be limited to one (1) 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. I. New billboards or oversized signs shall be prohibited. J. Outdoor storage shall be prohibited. K. Lighting shall be contained in cut-off type luminaries and shall be directed toward the property so as not to shine directly into adjacent properties or rights-of-way. L. Compactor/dumpsters shall be screened by a one hundred percent (100%) opaque brick or stacked stone wall with an opaque metal gate enclosure. Compactor/dumpster enclosure shall be a minimum of ten feet (10 ft) in width and thirty feet (30 ft) in length. Hours of dumpster pick-up shall be limited to between 7:00 a.m. and 7:00 p.m. M. No tents, canopies, temporary banners, streamers, or roping decorated with flags, tinsel, or other similar material shall be displayed, hung or strung on RZM2025-00020_PC REC CNDS_05052025 the site. Yard signs or bandit signs, sign-walkers or sign-twirlers shall be prohibited. N. Peddlers and/or parking lot sales shall be prohibited. O. The owner shall repaint or repair any graffiti or vandalism within seventy- two (72) hours of notice from the City. P. The required parking ratio for the townhouse section of development shall be a minimum of 3 spaces per unit. Q. The required parking ratio for the multifamily residential component of development shall be a minimum of 1.5 spaces per unit. 5 3. The following variances are requested: A. A variance from the Zoning Ordinance, Article 4 – Buffers, Section 401 – Standards for Permanent Buffers, Part 2. allowing limited land disturbance/grading within twenty-five feet (25 ft.) of the required fifty-foot (50 ft.) buffer. Disturbed areas shall be replanted prior to the issuance of a Certificate of Completion, Certificate of Occupancy, or the issuance of a Building Permit. B. A variance from the Zoning Ordinance, Article 1 – Districts, Section 102.11 – CMU Community Mixed-Use District, Subsection C. Lot Development Standards. Allows for the reduction in the Internal Minimum Rear Setback from twenty-five (25) feet to nineteen (19) feet. RZM2025-00020_PC REC CNDS_05052025 6 PLANNING AND DEVELOPMENT MAYOR AND COUNCIL RECOMMENDED CONDITIONS 5-9-2025 RZC2025-00067 Approval of a rezoning of the subject property to BG (General Business District), subject to the following enumerated conditions: 1. To restrict the use of the property as follows: A. Retail, service-commercial, office and accessory uses. The following uses shall be prohibited:  Adult Bookstores or Entertainment  Automotive Uses such as: i. Parts Stores RZC2025-00067 SUP2025-00100_Mayor-COuncil REC CNDS_05092025 ii. Used Car Sales iii. Tire Sales iv. Auto Repair/Body Shop v. Car/Truck Rental  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 1  B. A Showroom/Service/Warehouse facility not exceeding 20,000 square feet in gross floor area. C. The design of the façades shall be clad in three sides masonrybrick. Final designs shall be subject to the review and approval of the Director of the Planning and Development Department. D. No tents, canopies, temporary banners, streamers, or roping decorated with flags, tinsel, or other similar material shall be displayed, hung, or strung on the site. No decorative balloons or hot-air balloons shall be displayed on the site. Yard and/or bandit signs, sign-twirlers, or sign walkers shall be prohibited. E. Peddlers and/or any parking lot sales unrelated to the rezoning shall be prohibited. F. The owner shall repaint or repair any graffiti or vandalism that occurs on the property within seventy-two (72) hours. RZC2025-00067 SUP2025-00100_Mayor-COuncil REC CNDS_05092025 2. To satisfy the following site development considerations: B. The design and location of the proposed structures shall be in general accordance with the architectural plans titled “Jet Thrust Performance” prepared by “Carter – Harkleroad Group”, dated January 2, 2025, with changes necessary to meet conditions of zoning, requirements of the Zoning Ordinance and/or Development Regulations, and other minor adjustments subject to final approval by the Director of Planning and Development. C. Provide a minimum of five-foot wide (5 ft.) concrete sidewalk adjacent to the public right-of-way along Scenic Highway. Required five-foot wide (5 ft.) concrete sidewalk shall be a minimum of two feet (2 ft.) from the required back-of-curb. Dedicate any right of way required by GDOT at no cost to the City, County or the State. D. All outdoor storage shall be limited to the enclosed fenced area to the rear of the subject property. Outdoor storage shall be prohibited within the boundaries of any easements or buffers. E. Provide a chain link fence with slats to cover any items to be stored in the 2  enclosed area. at a mMinimum height of fence shall be six feet (6 ft.). The slats and chain link fence shall be coated in durable black or dark green vinyl. F. The fence shall provide effective screening to neighboring properties, especially where the fence faces a public right-of-way (e.g., roads, sidewalks) or neighboring properties that might otherwise have direct sightlines into the property. G. The required fencing shall not contain any signage and shall be always maintained and in good repair. All fencing and screening shall be subject to review and approval by the Director of Planning and Development. H. All grassed areas shall be sodded. I. Underground utilities shall be provided throughout the development. J. Natural vegetation shall remain on the property until the issuance of a development permit. RZC2025-00067 SUP2025-00100_Mayor-COuncil REC CNDS_05092025 K. Provide a minimum fifteen-foot (15 ft) wide Landscape Strip along the right- of-way of Scenic Highway. The landscaping shall provide an opaque year round visual screening at a minimum height of six feet. The final design shall be subject to the review and approval of the Director of Planning and Development. L. Landscape Strips shall be planted with one (1) Overstory Tree, one (1) Understory Tree, eighteen (18) Evergreen Shrubs, eighteen (18) Ornamental Grasses and eighteen (18) Ground Coverings per one hundred (100 ft.) of road frontage along Scenic Highway. Driveway widths and other ingress and egress areas may be subtracted from the landscape strip lineal feet calculation. Landscape Plans shall be subject to the review and approval of the Director of Planning and Development. M. Planted Conifer and Evergreen trees shall be at least six feet in height at time of planting. N. Planted Deciduous trees shall be at least three inches caliper at time of planting. 3 O. Ornamental Grasses and Ground Covering shall be a minimum size of one- gallon container at time of planting with a minimum height of one foot. P. Preserved Trees may be counted toward fulfilling the tree requirement within the twenty-five-foot (25 ft.) Landscape Strip. Bradford Pear, Gingko (Female), Loblolly, Longleaf, Shortleaf, Slash Pine(s) shall be considered unacceptable trees. Q.P. Fencing, landscaping and outdoor storage parking shall not be located within a drainage easement, pipeline easement or sanitary sewer easement. R.Q. During construction, a five-foot (5 ft.) Construction Tree and Landscape Setback shall be maintained, as measured horizontally, from the outermost perimeter of areas delineated as Floodplain, Landscape Strips, Stream Buffers, or Undisturbed Wetlands. S.R. A five-foot (5 ft.) Construction Setback shall terminate with the RZC2025-00067 SUP2025-00100_Mayor-COuncil REC CNDS_05092025 issuance of a Certificate of Completion, Development Conformance, and/or Occupancy. T.S. Exit/entrance design and location shall be subject to review and approval of the the Georgia Department of TransportationCity Engineer. U.T. Ground signage shall be limited to monument-type sign(s),and shall be subject to review and approval by the Director of Planning & Development. The sign shall include a minimum two-foot-high brick base, complementing the building’s architectural treatment. The brick base shall extend at least the full width of the sign cabinet, and the sign cabinet shall be fully recessed and surrounded by the same materials. Ground sign(s) shall not exceed 6 feet in height. U. Lighting shall be contained in cut-off type luminaries and shall be directed toward the property so as not to shine directly into adjacent properties or public right-of-way. V. Outdoor speakers are prohibited. W. Dumpsters shall be screened by solid masonry walls matching the building, 4  with an opaque metal gate enclosure unless it is located directly behind the building and cannot be seen from the public right of way. X. Prior to the issuance of a Certificate of Completion the new structures shall be in compliance with the rules and regulations of applicable International Building Code (IBC). 3. The following variances are requested: A. A variance from the Zoning Ordinance, Article 4 – Buffers, Section 403 – Buffers Table – to allow a forty-eight percent (48%) reduction of minimum undisturbed buffer requirements between dissimilar zoning classifications (BG and RS-60) (Scenic Crossing subdivision) from fifty feet (50 ft.) to twenty-six feet (26 ft.). The buffer shall add landscaping as needed to areas where there is sparce vegetation. The applicant shall request an inspection by the Planning and Development Director before a CO is provided to ensure a full buffer is obtained. RZC2025-00067 SUP2025-00100_Mayor-COuncil REC CNDS_05092025 5 PLANNING AND DEVELOPMENT RECOMMENDED CONDITIONS NOTE: The following conditions are provided as a guide should the City Council choose to approve the petition of this request. MAYOR AND COUNCIL RECOMMENDED CONDITIONS 5-9-2025 SUP2025-00100 Approval of Special Use Permits to allow Outdoor Storage of equipment and Boat and Marine Equipment Sales and Service, subject to the following enumerated conditions: 1. To restrict the use of the property as follows: A. Outdoor storage shall be limited to the 9,100sf areas shown on the RZC2025-00067 SUP2025-00100_Mayor-COuncil REC CNDS_05092025 submitted architectural plans titled “Jet Thrust Performance” prepared by “Carter – Harkleroad Group”, dated January 2, 2025. Outdoor storage outside this area is prohibited. Also, Ooutdoor repair of equipment shall be prohibited. B. The Special Use Permit shall be specific to operation of Jet Thrust Performance (Applicant) on the subject property, and in the event of a transfer, this Special Use Permit shall expire. The Applicant shall notify the City’s Planning and Development Department within thirty (30) days of transfer of property ownership and operation. C. In the event that the property is issued three (3) citations by the City’s Code Enforcement Department within one (1) year, 365-day period, this Special Use Permit shall be revoked following appropriate advertisement and public hearing procedures. C.D. Hours of operation of equipment in the enclosed outdoor storage area shall be from 8:00am to 6:00pm Monday – Saturday. D. The Special Use Permit shall be limited to a period of two years, at which 6 time the use shall cease, or an application made for renewal. RZC2025-00067 SUP2025-00100_Mayor-COuncil REC CNDS_05092025 7 PLANNING COMMISSIONAND DEVELOPMENT RECOMMENDED CONDITIONS - 05052025 NOTE: The following conditions are provided as a guide should the City Council choose to approve the petition of this request. RZC2025-00066 & BFR2025-00001 DENIALApproval of a rezoning and buffer reduction of the subject property to BG (General Business District), subject to the following enumerated conditions: 1. To restrict the use of the property as follows: A. Retail, service-commercial, office and accessory uses. The following uses shall be prohibited:  Adult Bookstores or Entertainment  Automotive Uses such as: i. Parts Stores ii. Used Car Sales iii. Tire Sales iv. Auto Repair/Body Shop RZC2025-00066_PC RECO CNDS_05052025 v. Car/Truck Rental  Contractor’s Offices  Emission Inspection Stations  Equipment Rental  Extended Stay Hotels or Motels  Recovered Materials Processing Facilities  Smoke Shops/Novelty Stores 1   Tattoo Parlors  Taxidermists  Yard Trimmings Composting Facilities A. The development shall be in general accordance with submitted site plan received by the Department of Planning and Development, dated March 10, 2025, 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. A. 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. B. Metal building facades are prohibited. 1. To satisfy the following site development considerations: A. Provide a fifty-foot-wide (50 ft.) building setback adjacent to Buford Drive. B. Provide a minimum ten-foot (10 ft.) landscape strip along Buford Drive. Front Yard Landscape Strips require the following plantings every one- hundred-linear foot (100 LF) of property line adjacent to a right-of-way, two (2) understory trees; eighteen (18) Shrubs; eighteen (18) Ornamental RZC2025-00066_PC RECO CNDS_05052025 Grasses; and eighteen (18) Ground Cover. Final approval of a landscape plan shall be subject to the review and approval of the Director of the Planning and Development Department. C. Provide a minimum 30-foot-wide enhanced landscape buffer adjacent to the northern and eastern property lines. Landscape Plan shall require the following plantings every one-hundred-linear foot (100 LF) of property line adjacent to a dissimilar use or zoning classification, four (4) overstory trees; eight (8) understory trees (up to 100% may be conifer or evergreen trees); twelve (12) shrubs. Final approval of a landscape plan shall be subject to the 2  review and approval of the Director of the Planning and Development Department. D. Natural vegetation shall remain on the property until the issuance of a development permit. E. Ground signage shall be limited 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. F. Billboards or oversized signs shall be prohibited. G. Lighting shall be contained in cut-off type luminaries and shall be directed toward the property so as not to shine directly into adjacent properties or rights-of-way. H. Compactor/dumpsters shall be located interior in the site away from adjacent residential property and screened by a one hundred percent (100%) opaque brick or stacked stone wall with an opaque metal gate enclosure. Compactor/dumpster enclosure shall be a minimum of ten feet (10 ft) in width and thirty feet (30 ft) in length. Hours of dumpster pick-up shall be RZC2025-00066_PC RECO CNDS_05052025 limited to between 7:00 a.m. and 7:00 p.m. I. No tents, canopies, temporary banners, streamers, or roping decorated with flags, tinsel, or other similar material shall be displayed, hung or strung on the site. Yard signs or bandit signs, sign-walkers or sign-twirlers shall be prohibited. J. Peddlers and/or parking lot sales shall be prohibited. K. The owner shall repaint or repair any graffiti or vandalism within seventy- two (72) hours of notice from the City. L. Any access to/from Buford Drive shall be coordinated with GDOT. 3  M. The owner at their own expense shall construct the improvements required by Gwinnett County for public water and sewer for the subject property and shall convey the same to the County, free of all liens. Said improvements shall include on- and off-site improvements as are required by the County to provide service to the subject property. 2. The following variance is approved: A. A variance from the Zoning Ordinance, Article 4 – Buffers, Section 403 – Buffers Table. Allows a fifty percent (50%) reduction of the minimum buffer requirements between dissimilar zoning classifications (BG and RS-150). Disturbed areas shall be replanted prior to the issuance of a Certificate of Completion, Certificate of Occupancy, or the issuance of a Building Permit. RZC2025-00066_PC RECO CNDS_05052025 4 PLANNING COMMISSIONAND DEVELOPMENT RECOMMENDED CONDITIONS - 05052025 NOTE: The following conditions are provided as a guide should the City Council choose to approve the petition of this request. SUP2025-00105 DENIALApproval of a Special Use Permit to allow an outdoor Automobile Sales or Auction and Related Service facility at the subject property with an accessory Automobile, Truck or Vehicle Storage Lot (excl. junk/wrecked vehicles), subject to the following enumerated conditions: 1. To restrict the Special Use Permit as follows: A. Allow an Automobile Sales or Auction and Related Service facility on the front portion of the subject property, as designated by those tracts labeled “BG” on the “SURVEY” prepared for “417 BUFORD HIGHWAY,” prepared by “CONROY & ASSOCIATES, P.C.,” dated “JULY 11, 2008,” received by the Planning and Development Department on March 10, 2025. B. Allow an accessory Automobile, Truck or Vehicle Storage Lot (excl. junk/wrecked vehicles) on the rear portion of the subject property, as designated by those tracts labeled “RS-150” on the “SURVEY” prepared for “417 BUFORD RZC2025-00066_PC RECO CNDS_05052025 HIGHWAY,” prepared by “CONROY & ASSOCIATES, P.C.,” dated “JULY 11, 2008,” received by the Planning and Development Department on March 10, 2025. C. All vehicles associated with the auto sales business must be parked in the designated vehicle storage area located in the rear of the property upon close of business. Storage of vehicles shall be prohibited within the boundaries of any easements or buffers. D. Storage and/or sales of vehicles over twenty (20) feet in length; seven (7) feet in height; or seven (7) feet in width shall be prohibited. E. The rear vehicle storage lot shall be screened from view by a solid opaque fence at least six (6) feet in height, by landscaping creating a complete visual 5 buffer, or by a combination of fencing and landscaping, and no item shall be placed at a height exceeding that of the screening fence and/or landscaping materials. F. The rear vehicle storage lot shall be accessed by a solid opaque screened gate at least six (6) feet in height. The gate may remain opened during business hours and shall be closed upon the end of the business day. G. Automobile service & repairs shall be limited to vehicles for sale on the subject property indoors only. H. Under no circumstances shall an owner or occupant of any property store any junk, scrap metal, rags, paper, or abandoned, wrecked, junked or scrap material, or any part thereof, outdoors. I. The Special Use Permit shall be limited to a period of two years, at which time the use shall cease, or an application made for renewal. RZC2025-00066_PC RECO CNDS_05052025 6 PLANNING COMMISSIONAND DEVELOPMENT RECOMMENDED CONDITIONS - 05052025 NOTE: The following conditions are provided as a guide should the City Council choose to approve the petition of this request. SUP2025-00104 DENIALApproval of a Special Use Permit to allow a Personal Care Home, Family, subject to the following enumerated conditions: 1. To restrict the Special Use Permit as follows: A. A Personal Care Home, Family, as a Special Use Permit in RS-180 (Single- Family Residential District) zoning. B. Limited to a Personal Care Home, Family, serving no more than six (6) residents. C. At least one (1) employee shall be present on-site at all times. D. No tents, canopies, temporary banners, streamers, or roping decorated with flags, tinsel, or other similar material shall be displayed, hung, or strung on the site. No decorative balloons or hot-air balloons shall be displayed on the site. Yard and/or bandit signs, sign-twirlers, or sign walkers shall be SUP2025-00104_PCRECO CNDS_05052025 prohibited. E. Peddlers and/or any parking lot sales unrelated to the rezoning shall be prohibited. F. Outdoor storage shall be prohibited. G. The owner shall repaint or repair any graffiti or vandalism that occurs on the property within 72 hours. 2. To satisfy the following site development considerations: A. Electrical, Mechanical, Plumbing or Structural modifications shall be subject to the rules and regulations of the International Building Code (IBC). Plans shall be subject to the review and approval of the Director of Planning and 1  Development. B. Property shall maintain a residential character in appearance and scale. C. Provide a minimum of one (1) parking space per 250 square feet gross floor area and one (1) parking space for every two (2) beds, all parking must be on an approved surface and stripped. SUP2025-00104_PCRECO CNDS_05052025 2 PLANNING AND DEVELOPMENTCOMMISSION RECOMMENDED CONDITIONS - 05052025 SUP2025-00106 Approval of a Special Use Permit to allow an Automobile Repair and Maintenance (Oil Change) facility at the subject property, subject to the following enumerated conditions: 1. To restrict the Special Use Permit as follows: A. An Automobile Repair and Maintenance facility, specifically oil change, as a Special Use Permit in BG (General Business District) zoning. B. The development shall be in general accordance with the submitted site plan received by the Department of Planning and Development on April 7, 2025, 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. The proportions of materials of the exterior facades shall be in general accordance with those detailed in the elevations received on April 7, 2025. C. 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. SUP2025-00106_PC RECO CNDS_05092025 D. Metal building facades are prohibited. 2. To satisfy the following site development considerations: A. Provide a fifty-foot-wide (50 ft.) building setback adjacent to all rights-of- way (Marathon Boulevard). B. Provide a minimum fifteen-foot (15 ft.) landscape strip along all rights-of- way (Marathon Boulevard). Front Yard Landscape Strips require the following plantings every one-hundred-linear foot (100 LF) of property line adjacent to a right-of-way, two (2) understory trees; eighteen (18) Shrubs; eighteen (18) Ornamental Grasses; and eighteen (18) Ground Cover. Final 1  approval of a landscape plan shall be subject to the review and approval of the Director of the Planning and Development Department. C. Natural vegetation shall remain on the property until the issuance of a development permit. D. Provide a 5-foot concrete sidewalk along the road frontage of Marathon Boulevard. E. Ground signage shall be limited 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. F. Billboards or oversized signs shall be prohibited. G. Lighting shall be contained in cut-off type luminaries and shall be directed toward the property so as not to shine directly into adjacent properties or rights-of-way. H. Compactor/dumpsters shall be located interior in the site away from adjacent residential property and screened by a one hundred percent (100%) opaque brick or stacked stone wall with an opaque metal gate enclosure. SUP2025-00106_PC RECO CNDS_05092025 Compactor/dumpster enclosure shall be a minimum of ten feet (10 ft) in width and thirty feet (30 ft) in length. Hours of dumpster pick-up shall be limited to between 7:00 a.m. and 7:00 p.m. I. No tents, canopies, temporary banners, streamers, or roping decorated with flags, tinsel, or other similar material shall be displayed, hung or strung on the site. Yard signs or bandit signs, sign-walkers or sign-twirlers shall be prohibited. J. Peddlers and/or parking lot sales shall be prohibited. K. The owner shall repaint or repair any graffiti or vandalism within seventy- two (72) hours of notice from the City. 2  L. Any access to Marathon Boulevard shall be coordinated with GCDOT. M. The owner at their own expense shall construct the improvements required by Gwinnett County for public water and sewer for the subject property and shall convey the same to the County, free of all liens. Said improvements shall include on- and off-site improvements as are required by the County to provide service to the subject property. 3. The following variance is approved: A. A variance from the Zoning Ordinance, Article 2 – Supplementary Regulations, Section 200.3.7 – Automobile Body, Repair, Rebuilding, or Repair and Maintenance Facilities, Part D. Automobile service bays shall not be adjacent to or visible from a public right-of-way. Allowing for the two (2) automobile service bays to be visible from the public right-of-way (Marathon Boulevard). SUP2025-00106_PC RECO CNDS_05092025 3