City Council
Regular MeetingPeachtree Corners, GA · July 18, 2017
Agenda
www.peachtreecornersga.gov
COUNCIL MEETING AGENDA
Mike Mason, Mayor
Phil Sadd – Post 1, Council Member Jeanne Aulbach – Post 4, Council Member
Eric Christ – Post 2, Council Member Lorri Christopher – Post 5, Council Member
Alex Wright – Post 3, Council Member Weare Gratwick – Post 6, Council Member
July 18, 2017 COUNCIL AGENDA 7:00 PM
PEACHTREE CORNERS CITY HALL
147 TECHNOLOGY PARKWAY, PEACHTREE CORNERS, GA 30092
A) CALL TO ORDER
B) ROLL CALL
C) PLEDGE OF ALLEGIANCE
D) MAYOR'S OPENING REMARKS
E) CONSIDERATION OF MINUTES – June 5, 2017 & June 20, 2017
F) CONSIDERATION OF MEETING AGENDA
G) PUBLIC COMMENTS
H) PRESENTATIONS AND REPORTS
1. Interns Student Government Interns present their final project.
I) CONSENT AGENDA
1. APH 2017-07-056 Approval of Alcoholic Beverage License Application for Corona Restaurant &
Bar at Winters Chapel, 4939 Winters Chapel Rd, Ste 800. Applicant Edgar
Yobans Espinoza – Flores is applying for Consumption on Premise, Beer,
Wine, Distilled Spirits and Sunday Sales License.
2. APH 2017-07-057 Approval of Alcoholic Beverage License Application for Liu & Ren, Dba Sushi
Osawa, 5270 Peachtree Pkwy, Ste 119. Applicant Fangming Lin / Jiasi Ren are
applying for Consumption on Premise, Beer, Wine, and Sunday Sales License.
3. APH 2017-07-058 Approval of Alcoholic Beverage License Application for LSAA, LLC dba Sam's
Mart #514, 5500 Spalding Dr. Applicant LSAA, LLC / Adnan Mahmoud Jazairi
are applying for Packaged, Beer, Wine, and Sunday Sales License.
J) PUBLIC HEARING
1. O2017-04-85 Second Read and Consideration of RZ2017-001 / V2017-001. Atlanta Paving
request to rezone four parcels consisting of .65 acres from R-75 to M-1 along
with associated variances to accommodate renovation and new construction at an
existing business located at 6120 Second St. and 4500 Peachtree St, Dist. 6, Land
Lot 251, Peachtree Corners, GA.
2. O2017-04-86 Second Read and Consideration of RZ2017-002 / V2017-003. Atlanta Paving
request to rezone a 3.5-acre parcel from R-75 to M-2 along with associated
variances to accommodate an equipment storage and parking lot located near the
6100 and 4500 blocks of Florida Ave., Dist. 6, Land Lot 251, Peachtree Corners,
GA. (WITHDRAWN BY APPLICANT)
3. O2017-04-87 Second Read and Consideration of PH2017-003. Town Center Building
Elevations. Request to approve building elevations for retail and restaurant
buildings located at the Town Center in the 5400 Block of Peachtree Parkway,
Dist. 6, Land Lot 301, Peachtree Corners, GA.
4. O2017-06-95 Second Read and Consideration of CIC2017-002. Ingles Gas Station. Request
to remove conditions of Gwinnett County rezoning case RZ1996-134 in order to
accommodate construction of a new gas station located at the Ingles shopping
center at 5075 Peachtree Pkwy., Dist. 6, Land Lot 318, Peachtree Corners, GA.
5. O2017-07-96 First Read and Consideration of Stormwater updates per the Metropolitan North
Georgia Water Planning District. (Second Read on August 15, 2017)
6. PH2017-005 Consideration of Accepting a 0.116-acre Final Plat for the Terraces at Peachtree
Corners Subdivision located on Parkway Lane in the 6th District, Land Lot 284,
City of Peachtree Corners, GA.
K) ITEMS FOR CONSIDERATION
1. R2017-07-80 Consideration of a Resolution to Call for an Election, Announce Qualifying
Dates and Fees and appoint Election Officials.
L) CITY MANAGER UPDATES
M) EXECUTIVE SESSION
N) ADJOURNMENT
2017-07-18 COUNCIL MEETING AGENDA PAGE 2 OF 2
Council Meeting
Minutes
DRAFT COPY
www.peachtreecornersga.gov
Mike Mason, Mayor
Phil Sadd – Post 1, Council Member Jeanne Aulbach – Post 4, Council Member
Eric Christ – Post 2, Council Member Lorri Christopher – Post 5, Council Member
Alex Wright – Post 3, Council Member Weare Gratwick – Post 6, Council Member
June 5, 2017 WORK SESSION MINUTES 7:00 PM
PEACHTREE CORNERS CITY HALL – Training Room
147 TECHNOLOGY PARKWAY, PEACHTREE CORNERS, GA 30092
The Mayor and Council of the City of Peachtree Corners held a Work Session at City Hall,
147 Technology Parkway, Suite 200, Peachtree Corners, GA, 30092. The following were in
attendance:
Mayor Mike Mason
Council Member Phil Sadd – Post 1
Council Member Eric Christ – Post 2
Council Member Alex Wright – Post 3
Council Member Jeanne Aulbach – Post 4
Council Member Lorri Christopher – Post 5
Council Member Weare Gratwick – Post 6
City Manager Brian Johnson
Deputy City Clerk Rocio Monterrosa
City Attorney Bill Riley
City Attorney Joe Leonard
Public Works Director Greg Ramsey
Planning & Dev. Mgr. David Chastant
Community Dev. Director Diana Wheeler
1. Staff Activity Report – No updates
2. Autonomous Vehicles Discussion – Suzanne Murtha (Atkins, Inc. - Alexandria,
VA) – Presentation by Atkins, Inc. on current automated and connected vehicles and
devices that are being developed and what options are available for a Smart City
initiative.
3. Peachtree Corners Circle Trail Update (presented by LAS/Pond) – LAS gave an
update on the trail at Jones Mill Road up to Holcomb Bridge Road. Discussed trail
design, safety and cost.
4. Tech Park Trail Update (presented by LAS) – LAS presented updates on trail
alignment, sections and character along Technology Park.
2017-06-05 Work Session Minutes
5. Arts Master Plan Draft (presented by Sizemore Group) – Sizemore presented market
analysis, recommendations, funding strategies and next steps for Arts Master Plan.
Presentation will move forward to the June Council Meeting.
6. Comcast Franchise Agreement – New Comcast agreement was presented and will
move forward to the June Council Meeting since current agreement expires June 30,
2017. This is a standard agreement created by GMA and used by Georgia
municipalities. However, there is nothing in the contract that stipulates how Comcast
will return property back to its original state. GMA is currently working on contract
wording, but may not be ready by end of the month.
7. City Manager Updates – a brief update was given on the 310 Renovation RFQ award,
sidewalks on Tech Park change order, update to Ch2M’s contract to include building
services and a proposed rule on monthly ethics reporting to the Ethics Commission and
how it could affect both City Council and City Clerk.
8. Executive Session – No executive session
9. Work session adjourned at 9:48 PM.
Approved, Attest:
___________________________________ ____________________________________
Mike Mason, Mayor Rocio Monterrosa, Deputy City Clerk
(Seal)
2017-02-07 WORK SESSION AGENDA PAGE 2 OF 2
DRAFT COPY
CITY OF PEACHTREE CORNERS
COUNCIL MEETING MINUTES
JUNE 20, 2017 @ 7:00PM
The Mayor and Council of the City of Peachtree Corners held a Council Meeting
at City Hall, 147 Technology Parkway, Suite 200, Peachtree Corners, GA, 30092.
An audible copy of the meeting is available from the City Clerk’s office. The
following were in attendance:
Mayor Mike Mason
Council Member Phil Sadd – Post 1
Council Member Eric Christ – Post 2
Council Member Alex Wright – Post 3
Council Member Jeanne Aulbach – Post 4
Council Member Lorri Christopher – Post 5
Council Member Weare Gratwick – Post 6
City Manager Brian Johnson
City Clerk Kym Chereck
City Attorney Bill Riley
City Attorney Joe Leonard
Com. Dev. Director Diana Wheeler
Finance Director Brandon Branham
Public Works Director Greg Ramsey
PLEDGE OF ALLEGIANCE: Mayor Mason led the Pledge of Allegiance.
MAYOR’S OPENING REMARKS: Mayor Mason commended the Festival
Committee for a successful event, exceeding expectations.
MINUTES:
MOTION TO APPROVE THE MINUTES FROM THE MAY 16, 2017
COUNCIL MEETING.
2017-06-20
Council Meeting Minutes Page 1 of 6
DRAFT COPY
By: Council Member Christopher
Seconded by: Council Member Aulbach
Vote: (7-0) (Christopher, Aulbach, Mason, Sadd, Christ, Wright,
Gratwick)
MOTION TO APPROVE THE MINUTES FROM THE JUNE 5, 2017 WORK
SESSION.
By: Council Member Gratwick
Seconded by: Council Member Aulbach
Vote: (7-0) (Gratwick, Aulbach, Mason, Sadd, Christ, Wright,
Christopher)
CONSIDERATION OF MEETING AGENDA: There were no changes.
PUBLIC COMMENT: There was no public comment.
PRESENTATIONS AND REPORTS: Mayor Mason presented a Proclamation to
Principal Kara Dutton, Peachtree Elementary School thanking her for her years
of service and wishing her well in her new endeavor.
CONSENT AGENDA:
APH 2017-06-055
Approval of Alcoholic Beverage License Application for Jai Girija Pati Atl,
LLC, dba Homewood Suites by Hilton ATL-Peachtree Corners,
450 Technology Parkway.
MOTION TO APPROVE APH 2017-06-055.
By: Council Member Christopher
Seconded by: Council Member Sadd
Vote: (7-0) (Christopher, Sadd, Mason, Christ, Wright, Aulbach,
Gratwick)
ACTION ITEM
Change Order for construction of a multi-use trail along Technology
Parkway for project PTC 16.04, LMIG funded sidewalks.
MOTION TO APPROVE THE CHANGE ORDER FOR CONSTRUCTION
OF A MULTI-USE TRAIL ALONG TECHNOLOGY PARKWAY FOR
PROJECT PTC 16.04, LMIG FUNDED SIDEWALKS.
2017-06-20
Council Meeting Minutes Page 2 of 6
DRAFT COPY
By: Council Member Christopher
Seconded by: Council Member Sadd
Vote: (7-0) (Christopher, Sadd, Mason, Christ, Wright, Aulbach,
Gratwick)
ITEMS FOR CONSIDERATION:
ACTION ITEM
Consideration of Adopting an Innovation Hub Master Plan for the City of
Peachtree Corners (Presentation by MXD).
MOTION TO ADOPT THE INNOVATION HUB MASTER PLAN FOR THE
CITY OF PEACHTREE CORNERS.
By: Council Member Christ
Seconded: Council Member Christopher
Vote: (7-0) (Christ, Christopher, Mason, Sadd, Wright, Aulbach,
Gratwick)
ACTION ITEM
Consideration of Adopting an Arts Master Plan for the City of Peachtree
Corners (Presentation by Sizemore Group).
MOTION TO ADOPT THE ARTS MASTER PLAN FOR THE CITY OF
PEACHTREE CORNERS.
By: Council Member Sadd
Seconded: Council Member Christopher
Vote: (7-0) (Sadd, Christopher, Mason, Christ, Wright, Aulbach,
Gratwick)
ACTION ITEM
Consideration of approval for the CH2M Community Development, Public
Works, and Administrative Services Contract.
MOTION TO APPROVE THE CH2M COMMUNITY DEVELOPMENT,
PUBLIC WORKS, AND ADMINISTRATIVE SERVICES CONTRACT.
By: Council Member Gratwick
Seconded: Council Member Christopher
Vote: (7-0) (Gratwick, Christopher, Mason, Sadd, Christ, Wright,
Aulbach)
2017-06-20
Council Meeting Minutes Page 3 of 6
DRAFT COPY
ACTION ITEM
Consideration of awarding a Design-Build contract for the renovation of
310 Technology Parkway.
MOTION TO AUTHORIZE THE MAYOR AND CITY MANAGER TO
EXECUTE A DESIGN-BUILD CONTRACT FOR THE RENOVATION OF
310 TECHNOLOGY PARKWAY.
By: Council Member Sadd
Seconded: Council Member Gratwick
Vote: (7-0) (Sadd, Gratwick, Mason, Christ, Wright, Aulbach,
Christopher)
PUBLIC HEARING
O2017-04-85
First Read and Consideration of RZ2017-001 / V2017-001. Atlanta Paving
request to rezone four parcels consisting of .65 acres from R-75 to M-1
along with associated variances to accommodate renovation and new
construction at an existing business located at 6120 Second St. and 4500
Peachtree St, Dist. 6, Land Lot 251, Peachtree Corners, GA (2nd Read and
Public Hearing July 18, 2017)
O2017-04-86
First Read and Consideration of RZ2017-002 / V2017-003. Atlanta Paving
request to rezone a 3.5 acre parcel from R-75 to M-2 along with associated
variances to accommodate an equipment storage and parking lot located
near the 6100 and 4500 blocks of Florida Ave., Dist. 6, Land Lot 251,
Peachtree Corners, GA. (2nd Read and Public Hearing July 18, 2017)
O2017-04-87
First Read and Consideration of PH2017-003. Town Center Building
Elevations. Request to approve building elevations for retail and
restaurant buildings located at the Town Center in the 5400 Block of
Peachtree Parkway, Dist. 6, Land Lot 301, Peachtree Corners, GA (2nd
Read and Public Hearing July 18, 2017)
O2017-06-95
First Read and Consideration of CIC2017-002. Ingles Gas Station.
Request to remove conditions of Gwinnett County rezoning case RZ1996-
134 in order to accommodate construction of a new gas station located at
the Ingles shopping center at 5075 Peachtree Pkwy., Dist. 6, Land Lot 318,
2017-06-20
Council Meeting Minutes Page 4 of 6
DRAFT COPY
Peachtree Corners, GA (2nd Read and Public Hearing July 18, 2017)
O2017-05-94
Second Read and Consideration of an Ordinance of the City of Peachtree
Corners, Georgia, adopting the amended fiscal year 2017 operating budget
for each fund of the City of Peachtree Corners, Georgia.
Mayor Mason opened the floor for public comment. There was no public
comment.
MOTION TO APPROVE O2017-05-94.
By: Council Member Gratwick
Seconded: Council Member Aulbach
Vote: (7-0) (Gratwick, Aulbach, Mason, Sadd, Christ, Wright,
Christopher)
O2017-05-95
Second Read and Consideration of an Ordinance of the City of Peachtree
Corners, Georgia, adopting the fiscal year 2018 operating budget and
capital improvement budget for each fund of the City of Peachtree
Corners, Georgia.
Mayor Mason opened the floor for public comment. There was no public
comment.
MOTION TO APPROVE O2017-05-95.
By: Council Member Aulbach
Seconded: Council Member Gratwick
Vote: (7-0) (Aulbach, Gratwick, Mason, Sadd, Christ, Wright,
Christopher)
CITY MANAGER UPDATE: There were no updates. Brian Johnson stated
that he would return at a later date with information concerning the Comcast
Franchise Agreement.
EXECUTIVE SESSION: There was no executive session.
ADJOURNMENT: 9:45 PM
2017-06-20
Council Meeting Minutes Page 5 of 6
DRAFT COPY
MOTION TO ADJOURN AT 9:45 PM.
By: Council Member Sadd
Seconded by: Council Member Aulbach
Vote: (7-0) (Sadd, Aulbach, Mason, Christ, Wright, Christopher,
Gratwick)
Approved, Attest:
___________________________________ __________________________________
Mike Mason, Mayor Kymberly Chereck, City Clerk
(Seal)
2017-06-20
Council Meeting Minutes Page 6 of 6
Consent Agenda
Mike Mason, Mayor
Phil Sadd – Post 1, Council Member Eric Christ – Post 2, Council Member
Alex Wright – Post 3, Council Member Jeanne Aulbach – Post 4, Council Member
Lorri Christopher – Post 5, Council Member Weare Gratwick – Post 6, Council Member
__________________________________________________________________________________________
To: Mayor and City Council
Cc: Brian Johnson, City Manager
From: Diana Wheeler, Community Development Director
Date: July 18th, 2017, City Council Meeting
Agenda Item: APH 2017-07-056 Approval of Alcoholic Beverage License Application for
Corona Restaurant & Bar at Winters Chapel, 4939 Winters Chapel Rd, Ste 800. Applicant
Edgar Yobans Espinoza – Flores is applying for Consumption on Premise, Beer, Wine,
Distilled Spirits and Sunday Sales License.
Staff Recommendation:
Approve the application for Consumption on Premise, Beer, Wine, Distilled Spirits and Sunday
Sales Beverage License for Edgar Yobans Espinoza – Flores, 4939 Winters Chapel Rd, Ste
800.
Background:
Applicant submitted a completed application on June 15thh, 2017. Required advertising
for the application was published in the Gwinnett Daily Post on June 23rd, and June 30th.
Applicant has passed the background investigation and meets all requirements.
Discussion:
New Business
Staff has reviewed this application and recommends approval.
Alternatives:
None
147 Technology Parkway, Suite 200 | Peachtree Corners, Georgia 30092
www.peachtreecornersga.gov | P: 678-691-1200 | F: 678-691-1249
Mike Mason, Mayor
Phil Sadd – Post 1, Council Member Eric Christ – Post 2, Council Member
Alex Wright – Post 3, Council Member Jeanne Aulbach – Post 4, Council Member
Lorri Christopher – Post 5, Council Member Weare Gratwick – Post 6, Council Member
__________________________________________________________________________________________
To: Mayor and City Council
Cc: Brian Johnson, City Manager
From: Diana Wheeler, Community Development Director
Date: July 18th, 2017, City Council Meeting
Agenda Item: APH 2017-07-057 Approval of Alcoholic Beverage License Application for
Liu & Ren, Dba Sushi Osawa, 5270 Peachtree Pkwy, Ste 119. Applicant Fangming Lin / Jiasi
Ren are applying for Consumption on Premise, Beer, Wine, and Sunday Sales License.
Staff Recommendation:
Approve the application for Consumption on Premise, Beer, Wine, and Sunday Sales Beverage
License for Fangming Lin / Jiasi Ren, 5270 Peachtree Pkwy, Ste 119.
Background:
Applicant submitted a completed application on June 22nd, 2017. Required advertising
for the application was published in the Gwinnett Daily Post on June 30th, and July 7th.
Applicant has passed the background investigation and meets all requirements.
Discussion:
New Business
Staff has reviewed this application and recommends approval.
Alternatives:
None
147 Technology Parkway, Suite 200 | Peachtree Corners, Georgia 30092
www.peachtreecornersga.gov | P: 678-691-1200 | F: 678-691-1249
Mike Mason, Mayor
Phil Sadd – Post 1, Council Member Eric Christ – Post 2, Council Member
Alex Wright – Post 3, Council Member Jeanne Aulbach – Post 4, Council Member
Lorri Christopher – Post 5, Council Member Weare Gratwick – Post 6, Council Member
__________________________________________________________________________________________
To: Mayor and City Council
Cc: Brian Johnson, City Manager
From: Diana Wheeler, Community Development Director
Date: July 18th, 2017, City Council Meeting
Agenda Item: APH 2017-07-058 Approval of Alcoholic Beverage License Application for
LSAA, LLC dba Sam's Mart #514, 5500 Spalding Dr. Applicant LSAA, LLC / Adnan
Mahmoud Jazairi are applying for Packaged, Beer, Wine, and Sunday Sales License.
Staff Recommendation:
Approve the application for Packaged, Beer, Wine, and Sunday Sales Beverage License for
LSAA, LLC dba Sam's Mart #514, 5500 Spalding Dr.
Background:
Applicant submitted a completed application on June 28th, 2017. Required advertising
for the application was published in the Gwinnett Daily Post on July 7th, and July 14th.
Applicant has passed the background investigation and meets all requirements.
Discussion:
New Business
Staff has reviewed this application and recommends approval.
Alternatives:
None
147 Technology Parkway, Suite 200 | Peachtree Corners, Georgia 30092
www.peachtreecornersga.gov | P: 678-691-1200 | F: 678-691-1249
O2017-04-85
STATE OF GEORGIA ORDINANCE 2017-04-85
GWINNETT COUNTY
AN ORDINANCE TO AMEND THE CITY OF PEACHTREE CORNERS ZONING MAP
PURSUANT TO RZ2017-001 / V2017-001, ATLANTA PAVING, REQUEST TO REZONE
FOUR PARCELS CONSISTING OF .65 ACRES FROM R-75 TO M-1 ALONG WITH
ASSOCIATED VARIANCES TO ACCOMMODATE RENOVATION AND NEW
CONSTRUCTION AT AN EXISTING BUSINESS LOCATED AT 6120 SECOND ST.
AND 4500 PEACHTREE ST., DIST.6, LAND LOT 251, PEACHTREE CORNERS, GA
WHEREAS: Notice to the public regarding said rezoning has been duly published in The
Gwinnett Daily Post, the Official News Organ of Peachtree Corners; and
WHEREAS: Public Hearings were held by the Mayor and City Council of Peachtree Corners
on June 20, 2017 and July 18, 2017;
NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of
Peachtree Corners, Georgia while in Regular Session on July 18, 2017 that Zoning Case RZ2017-
001/ V2017-001, Atlanta Paving, is hereby approved for the above referenced property with the
following enumerated conditions:
1. Parcels #2,3,5 and 6 (as shown on the Atlanta Paving Projects Overall Proposed Zoning
Exhibit dated 2/2/2017) shall be rezoned M-1, light industry, and shall be developed in general
conformity with the submitted site plan dated January 31, 2017.
2. Architectural elevations shall be substantially similar to the drawings submitted on
January 31, 2017.
3. Access to the subject properties shall only be from Jones Mill Rd. and Peachtree Street.
No commercial vehicles shall access the properties from Second St., Third St., Florida Ave.,
Georgia Ave., or Virginia Ave.
4. Building designs shall incorporate features that are compliant with Peachtree Corners’
Green Building Ordinance wherever practical.
5. The following Gwinnett County zoning conditions (from RZC 2008-00035 dated
1/22/2008) shall be required:
a. Provide a 20- ft. wide landscape strip along the frontage of Peachtree St., Georgia Ave.,
and Second St. Landscape plans to be approved by the Community Development
Director.
b. Provide a 30- foot replanted buffer adjacent to all residentially zoned property.
c. No tents, canopies, temporary banners, streamers or roping decorated with flags, tinsel, or
other similar materials shall be displayed, hung or strung on the site. Yard and / or
bandit signs shall be prohibited.
VOTE: Y N A Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick
STATE OF GEORGIA ORDINANCE 2017-04-85
GWINNETT COUNTY
d. Ground signs shall be limited to a single externally illuminated monument type sign with
a maximum height of 5 ft.
e. Billboards shall be prohibited on the property.
f. Owner shall repaint or repair any graffiti or vandalism that occurs on the property within
72 hours.
g. lighting shall be contained in cut-off type luminaries and shall be directed in toward the
property so as not to shine directly into nearby residentially zoned properties.
h. No outdoor loudspeakers shall be allowed.
i. Hours of operation shall be limited from7AM to 7PM.
j. Obtain all necessary development and building permits, and bring the site up to all
applicable standards.
k. Outdoor storage shall be prohibited.
l. Equipment, work vehicles, and materials must be parked and/ or stored within a fenced
storage yard.
m. No vehicle washing or detailing can take place on parcels 1 – 6 as shown on Exhibit ‘A’.
Effective this 18th day of July, 2017.
So Signed and Witnessed Approved :
this _______day of __________, 2017
Attest:
_______________________ ___________________________
Kymberly Chereck, City Clerk Mike Mason, Mayor
VOTE: Y N A Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick
STATE OF GEORGIA ORDINANCE 2017-04-85
GWINNETT COUNTY
Exhibit ‘A’
VOTE: Y N A Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick
CITY OF PEACHTREE CORNERS
COMMUNITY DEVELOPMENT DEPARTMENT
REZONING AND VARIANCE ANALYSIS
PLANNING COMMISSION DATE: JUNE 13, 2017
CITY COUNCIL DATE: JULY 18, 2017
CASE NAME: ATLANTA PAVING
CASE NUMBER: RZ-2017-001/ V2017-001
CURRENT ZONING: R-75
LOCATION: 6120 SECOND STREET AND 4500 PEACHTREE STREET
MAP NUMBERS: 6th DISTRICT, LAND LOT 251
ACREAGE: .65 ACRES
PROPOSED DEVELOPMENT: REZONE FROM R-75 TO M-1 TO ACCOMMODATE
RENOVATION AND NEW CONSTRUCTION AT AN EXISTING
BUSINESS ALONG WITH ASSOCIATED VARIANCES
FUTURE DEVELOPMENT MAP: PREFERRED OFFICE
APPLICANT: ATLANTA PAVING & CONCRETE CONSTRUCTION,
INC. C/O ANDERSON, TATE, & CARR, PC
1960 SATELITE BLVD., STE. 4000
DULUTH, GA 30097
CONTACT: MARIAN C. ADEIMY
678.518.6855
OWNER: ATLANTA PAVING & CONCRETE CONSTUCTION,
INC.
6120 SECOND STREET, NW
PEACHTREE CORNERS, GA 30360
RECOMMENDATION: APPROVE WITH CONDITIONS
RZ2017-001/ V2017-001
PROJECT UPDATE:
At the April meeting, this case was tabled to the June meeting in order to give the applicant and
surrounding neighbors an opportunity to meet and try to resolve issues. Staff requested an
update from the applicant regarding additional community outreach efforts during the
intervening time. The applicant’s attached response letter was received by staff on May 24,
2017. This letter addresses both Atlanta Paving rezoning cases; although, each case is separate
and should be evaluated on its own merits. No changes are proposed to this application or the
documents associated with this specific case. However, the applicant has requested changes to
the Staff recommended conditions. Those changes are included in the May 24th letter and Staff
has added a comment after each requested change.
The Planning Commission considered this matter at their 6/13/17 meeting and found that the
new building proposed would be an upgrade to the existing property; however, there were
concerns expressed about the manner in which the site was currently being maintained, the
hours of operation, truck access through the neighborhood, and other matters that were then
addressed in the conditions.
PROJECT DATA:
The applicant is seeking to rezone four parcels totaling .65 acres. The 4 parcels are located
along Peachtree Street and Second Street, they are adjacent to two existing M-1 zoned parcels,
owned by the Atlanta Paving Company. These properties would be contiguous if not for their
separation by roadways and natural features. In addition to the rezoning, the applicant is
requesting several variances to allow for smaller undisturbed buffers and setbacks.
The applicant requests to rezone the previously mentioned parcels along Peachtree Street and
Second Street to allow for the expansion of Atlanta Paving Inc. The proposed office building
would be located on land where the existing Atlanta Paving office is located, to the west of
Second Street. The proposed office will front Peachtree Street and will be expanded to
approximately 5,260 square feet. Additional parking spaces would be provided along the eastern
and western sides of the building. Access to the proposed office would be from two curb cuts
along Peachtree Street. The two parcels proposed to be rezoned will provide another access
point to the property, as well as provide more parking to accommodate increasing needs.
The rezoning of the parcels to the east of Second Street will allow for the expansion of the
Atlanta Paving maintenance shop. These parcels would provide additional parking spaces for
the maintenance shop, as well as a larger buffer between the M-1 zoned parcels and the
adjacent R-75 parcels. Currently, the site is being used by Atlanta Paving as vehicle and
equipment storage.
PARCEL DESCRIPTIONS
(refer to attached colored drawing titled ‘Atlanta Paving Projects’ dated 2/2/17.)
Parcel #1: This property is a 1.17 acre Industrial zoned parcel located at the northwest side of
Peachtree Street and Second Street. There is an existing office building on the northeastern
2
RZ2017-001/ V2017-001
portion of the property with approximately five parking spaces. To the south, adjacent to
Peachtree Street, is a large parking and equipment area, with access from Peachtree Street.
The northern portion of the property, along Georgia Avenue, is densely covered with trees.
The proposed site plan shows this parcel to house a new office for Atlanta Paving, with
additional parking, and no maintenance storage. Access will be from the existing curb cut along
Peachtree Street.
Parcels #2 and #3: These parcels are approximately .23 acres and located immediately west
of Parcel #1. The properties are currently zoned R-75 and there is a single-family residential
dwelling with access from Peachtree Road on Parcel #2. To the rear of the sites are large
trees. The surrounding area is largely characterized by single-family residential dwellings. The
site plan shows this area is planned to be used as parking for the new Atlanta Paving office. The
existing curb cut will remain as additional access to the proposed office. The applicant is
requesting a variance to allow for disturbance along the rear property line, in order to increase
the parking area. Parcel #3 consists of a small strip of vacant land that will be used to buffer
the proposed parking lot from the surrounding single-family residential dwellings.
Parcel #4: This property has a total of 1.45 acres and consists of a large pad of concrete used
by Atlanta Paving for the storage of vehicles and equipment. The site is currently zoned M-1
and is located at the northeast corner of Peachtree Street and Second Street. The site has
large trees along the northern and eastern property lines to buffer surrounding and adjacent
properties. Access is from Peachtree Street. The applicant is proposing a 6,000 square foot
maintenance shop on the southwest corner of the property, with parking in the rear, towards
Georgia Avenue. No new curb cuts will be needed, as Peachtree Street will still serve as the
point of entry. The applicant is requesting a variance for reduction in the required front
setback from 50-feet, to 20-feet. In doing this, the building would be closer to the street and
the parking would be located behind the building.
Parcels #5 and #6: These parcels are .34 acres in size, combined, and are located to the east
of Second Street, and immediately east of Parcel #4. The more southern parcel, Parcel #5, is
zoned R-75 and has a curb cut from Peachtree Street, as well as a single-family dwelling, and
large canopy trees. On the northern parcel also sits a single-family dwelling. This property
however, is more densely covered in trees. The applicant is requesting to rezone both parcels
from R-75 to M-1 along with variances to disturb within the required 50-foot buffer.
Disturbance in this area would allow for a larger maintenance area for Atlanta Paving. The site
plan shows that these parcels will be disturbed, but will still be used as buffers to the single-
family dwellings to the west.
ZONING HISTORY:
The zoning history on the property currently zoned M-1 (Parcels # 1 and #4), dates back to
3/27/84 when the parcels were rezoned from residential to light industrial. In January, 2008,
Gwinnett County Commission authorized the use of a contractor’s office on the property.
That application was approved with the following conditions:
3
RZ2017-001/ V2017-001
4
RZ2017-001/ V2017-001
ZONING STANDARDS:
Zoning Code Section 1702 identifies specific criteria that should be evaluated when considering
a zoning decision. These criteria are enumerated as ‘A’ through ‘F’, on the next page.
Following each item is the applicant’s response followed by Staff’s comment.
A. Will this proposed rezoning, special use permit, or change in conditions permit a
use that is suitable in view of the use and development of adjacent and nearby
property?
Applicant’s Response: Yes. The subject property is located on and around a fully accessible,
existing office and industrial site, currently occupied and operated by the Applicant. A large
portion of the subject property was also previously zoned M-1, as rezoned in 2008 by Gwinnett
County, and are surrounded by similarly-zoned property and uses. As reflected in
Comprehensive Plan for Gwinnett County and Future Land Use Map for the City of Peachtree
Corners, the addition of a business office and accessory uses is consistent with the designation
of this area for "preferred office". Accordingly, the requested uses, zoning and conditions are
suitable in view of the use and development of the adjacent and nearby property.
Staff’s Comment: The parcels requesting to be rezoned are adjacent to existing M-1 parcels and
would be suitable in view of the use and development of adjacent and nearby properties. The
four parcels being rezoned from R-75 to M-1 would allow for the expansion of Atlanta Paving,
but would also provide a greater buffer between the industrially zoned properties and
surrounding single-family dwellings.
B. Will this proposed rezoning, special use permit, or change in conditions
adversely affect the existing use or usability of adjacent or nearby property?
Applicant’s Response: No. The current zoning and surrounding industrial uses make the requested
uses and conditions compatible with the existing uses and usability of the adjacent and nearby
property.
Staff’s Comment: M-1 zoning already exists at this location. The addition of .65 acres for the
expansion of Atlanta Paving would accommodate a higher quality new office building and
greater buffers adjacent to the residentially zoned properties nearby.
C. Does the property to be affected by a proposed rezoning, special use permit, or
change in conditions have reasonable economic use as currently zoned?
Applicant’s Response: No. The current mixture of R-75 and M-1 zoning designations do not allow
for a reasonable economic use as currently zoned and conditioned.
Staff’s Comment: The property has a reasonable economic use as currently zoned.
D. Will the proposed rezoning, special use permit, or change in conditions result in
a use which will or could cause an excessive or burdensome use of existing streets,
transportation facilities, utilities, or schools?
5
RZ2017-001/ V2017-001
Applicant’s Response: No. This property is located in an area with public water and sewer
availability, and direct access to two major thoroughfares, highways and interstate. The
development is consistent with the area and Comprehensive Plan, with no impact on schools.
Due to the existing and surrounding operations, the proposed redevelopment and office plans
will not cause excessive use of existing streets, transportation facilities or utilities.
Staff’s Comment: The proposed zoning and variances will not cause a greater use of existing
streets, transportation facilities, or utilities than the current conditions. This development will
have no impact on schools.
E. Is the proposed rezoning, special use permit, or change in conditions in
conformity with the policy and intent of the land use plan?
Applicant’s Response: Yes. The Comprehensive Plan and zoning precedent and history identifies
the subject property as an appropriate location for a contractor's office, parking, storage and
the existing industrial/maintenance uses, and will positively impact the City's industrial and
commercial tax-base, and is consistent with the prior zoning and uses permitted on the subject
property.
Staff’s Comment: (see Comprehensive Plan heading, below.)
F. Are there other existing or changing conditions affecting the use and
development of the property which give supporting grounds for either approval or
disapproval of the proposed rezoning, special use permit, or change in conditions?
Applicant’s Response: Yes. The Applicant and property owners seek to consolidate their office
and business operations, with over $35 million in annual revenue, from Gwinnett County to the
City of Peachtree Corners to operate in conjunction with the existing maintenance shop use,
already zoned and operated in the City.
Staff’s Comment: The long term vision for this area is single-family residential, however the
expansion of Atlanta Paving would protect surrounding single-family dwellings with the buffers
that will surround the property.
COMPREHENSIVE PLAN:
The 2033 City of Peachtree Corners Character Area Map indicates that the property is located
within the Village Residential Character Area. Policies for this are encourage “a variety of
single-family attached housing options and a transition in density between low-scale single family
development and commercial areas.”
DEPARTMENT ANALYSIS:
The proposed rezoning from R-75 to M-1 for the four small properties that make up the
rezoning request is unlikely to have an adverse impact on adjacent and nearby properties. The
6
RZ2017-001/ V2017-001
two larger parcels (Parcel #1 and #4) are already zoned M-1 and have been accommodating
light industrial uses for 33 years. Only variances are requested for these larger parcels in order
to allow a new office building and parking lot. The four parcels, not currently zoned M-1 will
primarily be used as buffers for the adjacent single-family properties.
The proposed development requires no additional curb cuts and will keep access and vehicle
patterns as they currently exist.
The applicant is requesting several variances to allow for disturbance within required buffers.
These variances will benefit the surrounding properties, as they will provide extra buffer to the
single-family dwellings adjacent to the subject property. The proposed expansion of Atlanta
Paving offers a community benefit through the cushion that will be provided between the M-1
use and R-75 zoning district. Currently, there is no buffer between the surrounding properties
and Atlanta Paving.
RECOMMENDATION:
After review of the applicant’s proposal and other relevant information, it is
recommended that RZ2017-001 and V2017-001 be approved subject to the
following conditions:
1. Parcels #2,3,5 and 6 (as shown on the Atlanta Paving Projects Overall
Proposed Zoning Exhibit dated 2/2/2017) shall be rezoned M-1, light industry,
and shall be developed in general conformity with the submitted site plan
dated January 31, 2017.
2. Architectural elevations shall be substantially similar to the drawings
submitted on January 31, 2017.
3. Access to the subject properties shall only be from Jones Mill Rd. and
Peachtree Street. No commercial vehicles shall access the properties from
Second St., Third St., Florida Ave., Georgia Ave., or Virginia Ave.
4. Building designs shall incorporate features that are compliant with
Peachtree Corners’ Green Building Ordinance wherever practical.
5. The following Gwinnett County zoning conditions (from RZC 2008-00035
dated 1/22/2008) shall be required:
a. Provide a 20- ft. wide landscape strip along the frontage of Peachtree St.,
Georgia Ave., and Second St. Landscape plans to be approved by the
Community Development Director.
b. Provide a 30- foot replanted buffer adjacent to all residentially zoned
property.
7
RZ2017-001/ V2017-001
c. No tents, canopies, temporary banners, streamers or roping decorated
with flags, tinsel, or other similar materials shall be displayed, hung or strung
on the site. Yard and / or bandit signs shall be prohibited.
d. Ground signs shall be limited to a single externally illuminated monument
type sign with a maximum height of 5 ft.
e. Billboards shall be prohibited on the property.
f. Owner shall repaint or repair any graffiti or vandalism that occurs on the
property within 72 hours.
g. lighting shall be contained in cut-off type luminaries and shall be directed
in toward the property so as not to shine directly into nearby residentially
zoned properties.
h. No outdoor loudspeakers shall be allowed.
i. Hours of operation shall be limited from7AM to 7PM.
j. Obtain all necessary development and building permits, and bring the site
up to all applicable standards.
k. Outdoor storage shall be prohibited.
l. Equipment, work vehicles, and materials must be parked and/ or stored
within a fenced storage yard.
m. No vehicle washing or detailing shall take place on parcels 1 – 6, as shown
on Exhibit ‘A’.
8
RZ2017-001/ V2017-001
Exhibit ‘A’
9
*Staff comment: The intent of this condition was to
keep commercial vehicles out of the residential area. Customer and employee vehicles are not commercial vehicles.
*Staff comment: If the applicant is proposing alternate plantings, such plantings should be specified in the condition
*Staff comment: "Outdoor storage" means storage of materials and supplies, not vehicles or equipment which is addressed below
*Staff comment: This condition should be deleted as these are two separate applications
Properties owned by Atlanta Paving
Properties in support of the project, 16 total
Properties in opposition to the project, 10 total
Properties uncommitted, 28 total
CITY OF PEACHTREE CORNERS
COMMUNITY DEVELOPMENT
147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092
Tel: 678.691.1200 | www.cityofpeachtreecornersga.com
PROPERTY LOCATION MAP
Atlanta Paving
CASE NUMBER: RZ2017-01 / V2017-001
PLANNING CITY COUNCIL CITY COUNCIL
COMMISSION 1ST READING 2ND READING
HEARING DATES: JUNE 13, 2017 JUNE 20, 2017 JULY 18, 2017
PROPERTY ADDRESS: 6120 Second St. and 4500 Peachtree St.
O2017-04-87
STATE OF GEORGIA ORDINANCE 2017-04-87
GWINNETT COUNTY
AN ORDINANCE TO AMEND THE CITY OF PEACHTREE CORNERS ZONING MAP
PURSUANT TO PH2017-003, TOWN CENTER BUILDING ELEVATIONS, REQUEST
TO APPROVE BUILDING ELEVATIONS FOR RETAIL AND RESTAURANT
BUILDINGS LOCATED AT THE TOWN CENTER IN THE 5400 BLOCK OF
PEACHTREE PARKWAY, DIST. 6, LAND LOT 301, PEACHTREE CORNERS, GA
WHEREAS: Notice to the public regarding said public hearing has been duly published in The
Gwinnett Daily Post, the Official News Organ of Peachtree Corners; and
WHEREAS: Public Hearings were held by the Mayor and City Council of Peachtree Corners
on June 20, 2017 and July 18, 2017;
NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of
Peachtree Corners, Georgia while in Regular Session on July 18, 2017 that Public Hearing Case
PH2017-003, Town Center Building Elevations, is hereby approved for the above referenced
property.
Effective this 18th day of July, 2017.
So Signed and Witnessed Approved :
this _______day of __________, 2017
Attest:
_______________________ ___________________________
Kymberly Chereck, City Clerk Mike Mason, Mayor
VOTE: Y N A Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick
CITY OF PEACHTREE CORNERS
COMMUNITY DEVELOPMENT DEPARTMENT
PUBLIC HEARING ANALYSIS
PLANNING COMMISSION DATE: JUNE 13, 2017
CITY COUNCIL DATE: JULY 18 2017
CASE NAME: TOWN CENTER BUILDING ELEVATIONS
CASE NUMBER: PH2017-003
CURRENT ZONING: MUD (MIXED USE DEVELOPMENT)
LOCATION: 5400 BLOCK OF PEACHTREE PARKWAY
MAP NUMBERS: 6th DISTRICT, LAND LOT 301
ACREAGE: 5.1 ACRES
PROPOSED DEVELOPMENT: NEW BUILDINGS AT TOWN CENTER
APPLICANT: FUQUA BCDC PEACHTREE CORNERS
3575 PIEDMONT RD.
ATLANTA, GA 30305
CONTACT: KEVIN FLOYD
404-907-1709
OWNER: FUQUA BCDC PEACHTREE CORNERS
3575 PIEDMONT RD.
ATLANTA, GA 30305
RECOMMENDATION: APPROVE
PROJECT UPDATE:
This application was deferred at the April 11th Planning Commission meeting in order for the
parking deck designer to address the screening of the deck adjacent to the creek and the future
Botanical Garden. In response, the designer has submitted a proposal to attach a printed mesh
screen to the exterior of the deck’s rear elevation. Since the mesh material can be printed
with virtually any design, Staff suggested a tree and leaf pattern to reflect the Botanical Garden
aesthetic. Three design options were submitted (attached after the staff report) for the
Planning Commission’s consideration. The preferred choice identified was screen print #2. It is
proposed to be added to the rear and theater side elevations of the parking deck.
PH2017-003
PROJECT BACKGROUND:
The concept plans for the Town Center were approved July 21, 2015 with the adoption of
Ordinance 2015-06-49. This Ordinance (attached) identifies specific appearance standards for
all the buildings in the Town Center. Criteria for building elevations listed in the ordinance
address items such as building walls, roof lines, parapets, building materials, and landscaping. In
addition to this ordinance, Table ‘B’, the development regulations for the Town Center,
(attached) also includes building requirements.
The submitted site plans shows buildings that are numbered as follows:
▪ Bldg. #100 is the first building on the right upon arrival into the Town Center and
consists of two restaurant spaces.
▪ Bldg. #200 is the second building on the right and consists of four tenant spaces.
▪ Bldg. #300 is the second level of Bldg. #200 and consists of office and retail spaces (and
includes the parking deck).
▪ Bldg. #400 is a stand-alone restaurant building facing the Town Green.
▪ Bldg. #500 consists of two restaurants facing the Town Green.
▪ Bldg. #600 is the building on the left upon arrival into the Town Center.
In addition to these buildings, there are other buildings that are not a part of this application,
but will be considered separately in the future:
▪ Building #700, the CineBistro building.
▪ The buildings on the two outparcels facing Peachtree Parkway.
PLAN REVIEW:
The intent of the Town Center regulations is to ensure that the buildings for this project are
similar in appearance to The Forum. Therefore, the Town Center regulations address the
elements that make The Forum distinctive such as varied roof heights, masonry materials,
landscaping and a European inspired architectural style. Staff compared the submitted Town
Center building elevations designed by Lyman Davidson, Dooley, Inc., architects, to the
requirements stipulated in Ordinance 2015-06-49 and Table ‘B’.
The submitted plans were found to meet the stipulated criteria by providing the following:
▪ Walls that are at least ¾ brick or stone
▪ Varied roof lines
▪ Taller building elements at the corners
▪ Awnings throughout
▪ Landscaping on or immediately adjacent to the buildings
Since the plans are not yet fully detailed, two of the requirements could not be evaluated but
would still need to be incorporated into the final plans:
1. Requirement to screen rooftop mechanical equipment
2
PH2017-003
2. Requirement to include decorative elements such as rooftop finials and window planter
boxes
RECOMMENDATION:
After review of the applicant’s proposal and other relevant information, it is
recommended that PH2017-003 be approved.
3
TEXTURE EXAMPLE
MOVIE THEATER / EAST SIDE
BOTANICAL WALK / SOUTH SIDE
GARAGE SCREEN: OPTION 1
TEXTURE EXAMPLE
MOVIE THEATER / EAST SIDE
BOTANICAL WALK / SOUTH SIDE
GARAGE SCREEN: OPTION 2
TEXTURE EXAMPLE
MOVIE THEATER / EAST SIDE
BOTANICAL WALK / SOUTH SIDE
GARAGE SCREEN: OPTION 3
Town Center Standards
Table ‘B’
Development Regulations
Regulation Residential Development Commercial Development
Height Townhouse – 50 ft. max. retail/office bldg. – 20 ft. min./70 ft. max.
Condominium – 70 ft. max. restaurant, theater – 40 ft. max.
hotel – 70 ft. max.
Stories Townhouse- 4-stories max. retail/ office bldg.. – 2- stories (or 2 stories in
appearance) min. / 4- stories max.
Condominium – 5-stories max. free-standing restaurant, theater – 2 stories
max.
hotel – 5-stories max.
Unit size Townhouse – 2000 sq. ft. min.
Condominium – 1000 sq. ft. min.
Setback: Front Townhouse- 10 ft. min. next to ext. rd. retail/office- 20 ft. (ext. rd.); 0 ft. (int. rd.)
5 ft. min. next to int. rd. restaurant – 20 ft. (ext. rd.); 0ft. (int. rd.)
Condominium- 20 ft. (ext. rd.) hotel – 20 ft. (ext. rd.); 0 ft. (int. rd.)
10 ft. (int. rd.) theater – 20 ft. (ext. rd.); 0 ft. (int. rd.)
Side Townhouse – 5 ft. min. on non- outparcels - 20 ft. from property line
attached side all others – 10 ft. between buildings
10 ft. min. between
Buildings
Condominium – 10 ft. min.
Rear All development – 10 ft. min.
Lot Width Townhouse- 22 ft. min. outparcels – 75 ft. min.
Building Facing All buildings located along an external road must face, or appear to face, that road.
Building Aesthetic Traditional European inspired style similar in appearance to the Forum and as
approved by the Planning Commission.
Walls Primarily brick or stone with stucco accents (and glass store fronts in commercial bldgs.)
Roof: Color earth tones medium shades of browns and greys (charcoal, dark gray, black prohibited)
Materials slate, tile or architectural shingles with a slate or tile appearance.
Commercial roofs must incorporate breaks
and change in material or color at least
every 40 ft.
Pitch Townhouse- min. 4:12
Condominium and Office/retail buildings to match roof pitch at the Forum.
Signage Sign package (incl. materials, sizes, colors, font types, location, number) to be approved
by Planning Commission
Landscaping 10 ft. wide strip along parking lots and external roadways. Street trees along internal and
external streets and parking lot islands as per Overlay Standards (Zoning Code Sec. 1315).
Commercial and condominium buildings shall incorporate live plant material growing
immediately in front of or directly on the building.
Lighting / street furnishings – per Zoning Code regulations and subject to Planning Commission approval.
Parking per Zoning Code regulations
Screening per Zoning Code regulations
Amended 7-21-15 (Ordinance 2015-06-49)
O2017-06-95
STATE OF GEORGIA ORDINANCE 2017-06-95
GWINNETT COUNTY
AN ORDINANCE TO DENY CIC2017-002, INGLES GAS STATION, REQUEST TO
REMOVE A CONDITION OF GWINNETT COUNTY REZONING CASE RZ1996-134
THAT PROHIBITED CONVENIENCE STORES WITH GAS PUMPS AND TO
REMOVE A CONDITION THAT PROHIBITED MORE THAN 5 OUTPARCELS IN
ORDER TO ACCOMMODATE CONSTRUCTION OF A NEW GAS STATION
LOCATED AT THE INGLES SHOPPING CENTER AT 5075 PEACHTREE PKWY.,
DIST. 6, LAND LOT 318, PEACHTREE CORNERS, GA
WHEREAS: Notice to the public regarding said public hearing has been duly published in The
Gwinnett Daily Post, the Official News Organ of Peachtree Corners; and
WHEREAS: Public Hearings were held by the Mayor and City Council of Peachtree Corners
on June 20, 2017 and July 18, 2017;
NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City
of Peachtree Corners, Georgia that CIC2017-002, Ingles Gas Station, is hereby denied for the
above referenced property.
Effective this 18th day of July, 2017.
So Signed and Witnessed Approved :
this _______day of __________, 2017
Attest:
_______________________ ___________________________
Kymberly Chereck, City Clerk Mike Mason, Mayor
VOTE: Y N A Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick
CITY OF PEACHTREE CORNERS
COMMUNITY DEVELOPMENT DEPARTMENT
CHANGE IN CONDITIONS ANALYSIS
PLANNING COMMISSION DATE: JUNE 13, 2017
CITY COUNCIL DATE: JULY 18, 2017
CASE NAME: INGLES GAS STATION
CASE NUMBER: CIC2017-002
CURRENT ZONING: C-2
LOCATION: 5075 PEACHTREE PARKWAY
MAP NUMBERS: 6th DISTRICT, LAND LOT 318
ACREAGE: 16.45 ACRES: ENTIRE SHOPPING CENTER
8.63 ACRES: GROCERY STORE PARCEL
PROPOSED DEVELOPMENT: CHANGE IN CONDITIONS TO ALLOW A NEW GAS STATION
AT AN EXISTING SHOPPING CENTER BY REMOVING
CONDITIONS RELATED TO PROHIBITED USES AND MAXIMUM
NUMBER OF OUTPARCELS
FUTURE DEVELOPMENT MAP: PREFERRED OFFICE
APPLICANT: INGLES MARKETS, INC.
2913 US HWY 70 E
BLACK MOUNTAIN, NC 28711
CONTACT: PAUL HARRELL
770-674-2600
OWNER: ICM VI JONES BRIDGE SQUARE LP
445 BISHOP ST NW #100
ATLANTA, GA 30318
RECOMMENDATION: DENIAL
CIC2017-002
SUMMARY:
The applicant is seeking to change the conditions of a past rezoning case at a shopping center
property totaling 16.45 acres. The properties consist of a main shopping center parcel
containing an Ingles grocery store and five outparcels containing a mix of retail, restaurant,
educational, and medical office uses. These parcels are located on the west side of Peachtree
Parkway just north of Jones Bridge Road. These properties are adjacent to R-75 single-family
properties to the rear.
The applicant requests to change two conditions of past rezoning case RZ1996-134. The first
condition relates to use of the property. This condition states that a gas station is a prohibited
use. The second condition relates to the total number of outparcels permitted. This condition
states that there shall be no more than five outparcels. The creation of a parcel for the gas
station, which is to be separated from the main grocery store parcel, would create a sixth
outparcel.
The proposed gas station will front Peachtree Parkway and occupy a proposed 0.76 acre parcel.
The current use of the land is for parking in conjunction with the shopping center. The loss of
70 parking spaces will not cause the shopping center to fall below the minimum parking
required by the zoning ordinance. Primary access to the gas station would be through one the
existing right-in-right-out driveways in front of the Ingles store. Access is also possible through
other entrances via internal shopping center driveways.
ZONING HISTORY:
The entire 16.45-acre property was rezoned from C-1 and O-I to C-2 in 1993 (Case RZ1993-
079). A subsequent rezoning (Case RZ1996-134) allowed for a change to conditions for the
construction of the McDonald’s restaurant on one of the outparcels. At that time, additional
conditions were placed on the property, two of which the applicant is seeking to change. Both
read as follows:
2
CIC2017-002
ANALYSIS:
The proposal for a gas station is inconsistent with standards set by Rezoning Case RZ1996-134.
During that rezoning process, specific uses that were identified as undesirable to surrounding
residential neighborhoods were excluded from future use on the site. Residents of the
surrounding neighborhoods today still feel that this use is inappropriate for this area.
At their 6/13/17 meeting, the Planning Commission heard neighbor comments and expressed
their own concerns about the proposed gas station’s impact on site access, circulation, and
pedestrian safety. The plan, as proposed, presents opportunities for pedestrian and vehicular
conflicts. In addition, the existing driveway and on-site circulation require improvement which
were not offered by the applicant. If modifications were made to the plan and neighbor
concerns were adequately addressed, the addition of a gas station facility at this location could
be a benefit to the shopping center. However, changes would first need to be made to the gas
station plan and the shopping center, itself, in order to accommodate the proposed use.
In this case, an acceptable plan would be one that meets the Comprehensive Plan’s goal for
activity centers by accommodating pedestrian circulation and creating a “walkable network so
people can get around…without a car.”
RECOMMENDATION:
After review of the applicant’s proposal and other relevant information, it is
recommended that CIC2017-002 be denied.
3
CIC2017-002 Site Photo
CITY OF PEACHTREE CORNERS
COMMUNITY DEVELOPMENT
147 Technology Parkway, Suite 200, Peachtree Corners, GA 30092
Tel: 678.691.1200 | www.cityofpeachtreecornersga.com
PROPERTY LOCATION MAP
Ingles Gas Station
CIC2017-002
CASE NUMBER:
PLANNING CITY COUNCIL CITY COUNCIL
COMMISSION 1ST READING 2ND READING
HEARING DATES: JUNE 13, 2017 JUNE 20, 2017 JULY 18, 2017
PROPERTY ADDRESS: 5075 Peachtree Pkwy.
O2017-07-96
STATE OF GEORGIA O2017-07-96
COUNTY OF GWINNETT
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEACHTREE
CORNERS, GEORGIA TO AMEND ARTICLE VI (UTILITIES AND EASEMENTS) OF
CHAPTER 34 (LAND DEVELOPMENT REGULATIONS) OF THE CODE OF THE CITY
OF PEACHTREE CORNERS, GEORGIA; TO ESTABLISH GUIDELINES AND
DEFINITIONS RELATING TO WATER SYSTEMS FOR COMMERCIAL CONVEYOR
CARWASHES; TO ESTABLISH A DEFINITION AND VIOLATION FOR WATER
WASTE FOR OUTDOOR WATER USE; TO PROVIDE FOR AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES
WHEREAS, the Mayor and Council of the City of Peachtree Corners (“City Council”) are
charged with the protection of the public health, safety, and welfare of the citizens of the City of
Peachtree Corners; and
WHEREAS, the City Council has determined that it is appropriate from time to time to
modify the Code of Ordinances of the City of Peachtree Corners (the “Code”) to further protect the
public health, safety, and welfare of the citizens of Peachtree Corners.
IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners,
Georgia that the City’s Code of Ordinances is amended as follows:
SECTION I: Article VI of Chapter 34 of the Code is amended by adding the following provision
regulating commercial conveyor carwashes and will read as follows:
Sec. 34-156. - Water system and fire hydrants.
(a). Connection of public water main required. The developer shall install or have installed a
system of water mains connected to a public water supply system in accordance with the
requirements of the authority having jurisdiction.
(b). Water, fire hydrants, etc., to be designed according to applicable standards, and plans and
specifications. All water mains, fire hydrants and appurtenances shall be designed in
accordance with the policies, standards, plans and specifications of the city fire prevention
ordinance and the water system having jurisdiction. Where jurisdiction resides with the city
water system, the public water mains and appurtenances shall be designed by the city water
system upon submittal of the development plans for the project.
(c). Water mains to be installed after curbs but before paving. Within the city water system
jurisdiction, water mains and appurtenances shall be installed after installation of the curbs
and gutters and before paving, or after staking of the curbline and submission to the water
system of an as-graded survey of the street profile accompanied by a certification executed
by the owner as required by the water system that the subgrade will not change. Water
VOTE: Y N A Sadd Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick
Page 1
STATE OF GEORGIA O2017-07-96
COUNTY OF GWINNETT
mains shall be relocated as necessary to meet water system regulations prior to approval of
development conformance, if improperly located to final curb line or grade.
(d). All new commercial conveyor car washes, permitted and constructed after July 18, 2017
must install operational recycled water systems. A minimum of 50% of water utilized will
be recycled. A conveyor car wash means a commercial car wash where the car moves on a
conveyor belt during the car wash. The driver of the vehicle can remain in the vehicle or
wait outside of the vehicle.
(e). Outdoor water waste is prohibited. Outdoor water waste means the excessive application of
water that results in water flowing down any curb and gutter, street or storm drain or onto an
adjacent property, and shall include the unnecessary loss of water through improper
application or failure of an outdoor irrigation or plumbing system resulting in excessive
runoff. Activities subject to a violation include without limitation:
1) A broken irrigation system (missing heads, broken pipes, etc.)
2) Excessive runoff such as water running down the driveway, street or sidewalk.
3) A hose running unattended without a shutoff nozzle.
4) A visible and unrepaired leak more than one gallon per minute.
SECTION II: It is the intention of the City Council and it is hereby ordained by the authority of
the City Council that the provisions of this Ordinance shall become and be made a part of The Code
of the City of Peachtree Corners, Georgia, and the codifier is authorized to make the specified
deletions, insertions, additions, and to insert headings, article numbers and section numbers as and
where appropriate.
SECTION III: All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of such conflict.
SECTION IV: If any section, subsection, provisions, or clause of any part of this Ordinance shall
be declared invalid or unconstitutional, or, if the provisions of any part of this Ordinance as applied
to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such
invalidity shall not be construed to affect the portions of this Ordinance not so held to be invalid, or
the application of this Ordinance to other circumstances not so held to be invalid. It is hereby
declared as the intent of the City Council that this Ordinance would have been adopted in its current
form without the invalid or unconstitutional provision contained therein.
SECTION V: This Ordinance shall become effective immediately upon adoption.
VOTE: Y N A Sadd Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick
Page 2
STATE OF GEORGIA O2017-07-96
COUNTY OF GWINNETT
SO ORDAINED this 18th day of July, 2017.
CITY OF PEACHTREE CORNERS, GEORGIA
By: _____________________________________
Mike Mason, Mayor
Attest:
_______________________________
Kym Chereck, City Clerk
(SEAL)
VOTE: Y N A Sadd Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick
Page 3
PH2017-005
Memo
TO: Mayor and Council
CC: Brian Johnson, City Manager
FROM: Diana Wheeler, Community Development Director
DATE: July 18, 2017
SUBJECT: PH2017 005 Terraces at Peachtree Corners Subdivision___________________
In accordance with the Peachtree Corners’ Development Regulations, the Terraces at Peachtree
Corners Subdivision final plat has been submitted for final acceptance.
City Staff has completed the required review and inspections, and has released the project.
Performance and maintenance bonds have been provided to the City. The road improvements
along Parkway Lane have been completed, the installation of the trail as required by the zoning
conditions will be complete prior to issuance of the first certificate of occupancy (CO) for the first
home constructed. The streets are private and will be maintained by the Homeowner’s Association.
Once approved, the attached plat will be filed and recorded with the Clerk of the Superior Court of
Gwinnett County. The City Council’s ‘final acceptance’ is a procedural step required by code to
acknowledge completion of this phase of development and does not encumber the City with any
additional responsibilities.
PLAT ACCEPTANCE PH2017-005
SUBDIVISION PLAT ACCEPTANCE
NAME: TERRACES AT PEACHTREE CORNERS SUBDIVISION
LOCATION: PARKWAY LANE
LEGAL DESCRIPTION: 6TH DISTRICT, LAND LOT 284
The Mayor and City Council of the City of Peachtree Corners, while in Regular Session on July
18, 2017, ratified the acceptance of all dedications for the Terraces at Peachtree Corners
Subdivision (PH2017 005); as required by the Peachtree Corners Development Regulations
Article 11.1.4. (l)
Approved:
_______________________________
Mike Mason, Mayor
ATTEST:
____________________________(SEAL)
Kym Chereck, City Clerk
R2017-07-80
CITY OF PEACHTREE CORNERS
COUNTY OF GWINNETT, STATE OF GEORGIA RESOLUTION 2017-07-80
RESOLUTION TO CALL FOR AN ELECTION, ANNOUNCE QUALIFYING DATES
AND FEES AND APPOINT ELECTION OFFICIALS.
WHEREAS, the General Municipal Election for the City of Peachtree Corners is scheduled for
November 7, 2017: and
WHEREAS, the purpose of the General Municipal Election is to elect three (3) members of
City Council; and
WHEREAS, it is necessary for the City Council to establish the qualifying fees for this office
and to make other provisions for the municipal election; and
WHEREAS, the City Council posts to be voted on are Post 2, Post 4 and Post 6; and
WHEREAS, the Georgia Municipal Election Code requires that the Mayor and Council
appoint certain officials prior to the election - including a Superintendent, Chief Registrar and
Absentee Ballot Clerk, Assistant Absentee Ballot Clerk and Poll Manager; and
WHEREAS, Peachtree Corners City Clerk Kymberly Chereck is hereby appointed to the
position of Municipal Election Superintendent; the Gwinnett Board of Registration and
Elections is hereby appointed as Chief Registrar; Deputy Clerk Rocio Monterossa is hereby
appointed as Absentee Ballot Clerk, Furnika Durkin is appointed as Assistant Absentee Ballot
Clerk, and Carole Hays is appointed as Poll Manager. Poll Workers will be appointed by the
Superintendent and/or Poll Manager at a later date; and
WHEREAS, The Election Superintendent shall take such action as is necessary to properly
call the General Municipal Election scheduled for November 7, 2017, including, but not limited
to, properly publishing a public notice to notify the public of said election. The Election
Superintendent shall take such other actions as necessary and appropriate to make certain
that the election is conducted in accordance with, and in conformity with, the laws of the
State of Georgia, the Peachtree Corners City Charter and Peachtree Corners Ordinances; and
WHEREAS, If any person whose name is not on the municipal registration list desires to
vote at said election, he or she may register on or before 5:00 p.m. October 10, 2017.
Registration forms are available in the office of the City Clerk; and
WHEREAS, Any person who is presently registered as a voter in said City but who now
resides outside the City limits is not eligible to vote in said election. All duly qualified electors
of the City of Peachtree Corners, Georgia, are urged to participate. Those qualified to vote at
said election shall be determined in all respects in accordance and in conformity with the laws
of the State of Georgia. Information on voter registration may be obtained through the Chief
Registrar of Gwinnett County, Georgia; and
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CITY OF PEACHTREE CORNERS
COUNTY OF GWINNETT, STATE OF GEORGIA RESOLUTION 2017-07-80
WHEREAS, Polls will open for this November 7, 2017, election at 7:00 a.m. and will close at
7:00 p.m., at the Peachtree Corners City Hall Elections Room, located at 147 Technology Park,
Peachtree Corners, GA. Computation of votes cast in the November 7, 2017 election will be
conducted at the time the polls close. If no candidate receives a majority of the votes cast for
their position as specified in Section 5.13 of the City Charter, a run-off election shall be held
between the candidates receiving the two highest numbers of votes. Such election shall be held
not earlier than the twenty-first day after the day of the first election.
NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Peachtree
Corners, Georgia, as follows:
1. The aforesaid recitals are not mere recitals, but are material portions of this Resolution
and incorporated herein by this reference as though restated in their entirety.
2. That the City of Peachtree Corners will conduct a General Municipal Election on Tuesday,
November 7, 2017 from 7:00 a.m. to 7:00 p.m. at the Peachtree Corners City Hall
Elections Room located at 147 Technology Park, Peachtree Corners, Georgia, for the
purpose of electing three (3) members of City Council.
3. The City Council posts to be voted on are Post 2, Post 4 and Post 6.
4. The qualifying fee for a candidate to the office of City Councilmember is $240.00 (two
hundred forty dollars), which is 3% of the total gross salary of the office paid in the
preceding calendar year (Georgia Election Code 21-2-131).
5. The qualifying dates will be Monday, August 21, 2017 through Wednesday, August 23,
2017.
6. The hours of qualifying will be from 9:00am to 12:00 noon, and 1:00pm to 4:00pm and
shall be conducted in the Office of the City Clerk (Georgia Election Code 21-2-132), 147
Technology Parkway, Suite 200, Peachtree Corners, Georgia 30092.
7. The within Resolution shall become effective upon its adoption.
IT IS SO RESOLVED AND EFFECTIVE THIS 18th day of July 2017.
Mike Mason, Mayor Kym Chereck, City Clerk
SEAL
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