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Planning Commission

Regular Meeting

Peachtree Corners, GA · August 21, 2018

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Agenda

PLANNING COMMISSION AGENDA August 21, 2018 7:00 PM CITY HALL A. Roll Call B. Approval of July 17, 2018 Minutes C. Old Business: D. New Business: 1. PH2018-008. Lazy Dog Restaurant at Town Center. Request to approve elevations for a proposed restaurant located in the Peachtree Corners Town Center at 5224 Peachtree Parkway south of Town Center Boulevard., Dist. 6, Land Lot 301, Peachtree Corners, GA E. City Business Items: 1. PH2018-010. Health Club/Spa Use in C-2 and C-3. Consideration of an amendment to Zoning Code Sec. 1308, C-2 General Business District and Sec. 1308A, C-3 Highway Business District, to separate the uses of “health club” and “spa” and to require a special use permit for spa uses. 2. PH2018-011. Recreational Vehicle Parking. Consideration of an amendment to Zoning Code Sec. 1001.5.b, Location and Surface of Parking Areas; Sec. 1004, Administrative Variance; and Sec. 1610, Administrative Variances to allow for administrative variances to RV parking requirements under certain criteria. 3. PH2018-012. Restaurant Use in M-1. Consideration of an amendment to Zoning Code Sec. 1310, M-1 Light Industry District, to add restaurants as a permitted use. F. Comments by Staff and Planning Commissioners. G. Adjournment. CITY OF PEACHTREE CORNERS PLANNING COMMISSION MINUTES July 17, 2018 7:00 PM The City of Peachtree Corners held a Planning Commission meeting on Tuesday, July 17, 2018. The meeting was held at City Hall, 310 Technology Parkway, Peachtree Corners, GA, 30092. The following were in attendance: Planning Commission: Matt Houser, Chairman, Post D Alan Kaplan, Post A Mark Middleton, Post B Mark Willis, Post C Italia Metts, Post E - Absent Staff: Diana Wheeler, Community Development Director Jeff Conkle, Planning and Zoning Administrator Rocio Monterrosa, Deputy City Clerk MINUTES: MOTION TO APPROVE MINUTES FROM THE APRIL 17, 2018 PLANNING COMMISSION MEETING MINUTES. By: Mark Middleton Seconded: Matt Houser Vote: 3-0-1 (Middleton, Houser, Kaplan) (Willis abstained) Action: Minutes Approved OLD BUSINESS: None NEW BUSINESS: SUP2018-004 Associated Credit Union. Request to approve a special use permit to accommodate a new detached drive-through banking facility adjacent to an existing credit union office building at 6251 Crooked Creek Road, Dist. 6, Land Lot 283, Peachtree Corners, GA. Jeff Conkle, Planning and Zoning Administrator, presented this case to the Planning Commission and noted that the applicant is seeking approval of a special use permit to allow a detached drive-through banking facility to the south side of the existing Page | 1 2018-07-17 PC Minutes banking facility. The subject property is a 5.216-acre parcel with an existing office building. The site is currently zoned O-I (Office-Institutional District), which requires a Special Use Permit for a drive-through banking facility. The drive-through will be placed far enough within the site to ensure that stacking of vehicles beyond the private property does not occur. Additionally, the loss of the 20 parking spaces will not result in any nonconformity as the site currently has much more parking than is required. The proposed Special Use Permit would not change the existing structure on the property, would be compatible in use with these surrounding and nearby areas, and would be unlikely to place an excessive burden on existing streets. Mr. Conkle stated that after review of the applicant’s proposal and other relevant information, it is recommended that SUP2018-004 be approved subject to the following conditions: 1. The drive-through facility shall be developed in substantial conformance with the site plan drawn by Appleby + Laccetti Architects, Inc. dated April 20, 2018. 2. The existing landscape island which will remain to the north of the proposed drive-through shall have new landscaping installed, as approved by Staff. The applicant, Scott Foerst, stated that he was representing the contractor for this project and was available to answer any questions. Chairman Houser opened the floor for public comments. Chairman Houser closed the floor for public comments, no one spoke in favor nor opposition. The Commissioners moved forward with a recommendation of support for SUP2018- 004 with conditions, as follows: MOTION TO APPROVE SUP2018-004 ASSOCIATED CREDIT UNION, REQUEST FOR A SPECIAL USE PERMIT TO ACCOMMODATE A NEW DETACHED DRIVE-THROUGH BANKING FACILITY ADJACENT TO AN EXISTING CREDIT UNION OFFICE BUILDING AT 6251 CROOKED CREEK ROAD, DIST. 6, LAND LOT 283, PEACHTREE CORNERS, GA WITH STAFF CONDITIONS. By: Alan Kaplan Seconded: Mark Willis Vote: 4-0 (Kaplan, Willis, Houser, Middleton) Action: Approved with staff conditions SUP2018-005 Bread of Life Christian Church. Request to approve a special use permit to accommodate a religious facility in an existing building at 4995 Avalon Ridge Parkway, Dist. 6, Land Lot 270, Peachtree Corners, GA. Diana Wheeler, Community Development Director, presented this case to the Planning Commission and noted that the applicant requests a Special Use Permit on a 3.58-acre parcel zoned M-1 (Light Industry District) to permit a facility for the conduct of religious services and ceremonies in an existing building. The office building is part of the Avalon Ridge Business Park, which includes a dozen or so buildings on multiple parcels. The applicant’s letter of intent states that Bread of Life Church intends to occupy 30,000 square feet to serve approximately 150 congregants. No additions or alterations to the exterior of the buildings or site are being requested. Page | 2 2018-07-17 PC Minutes Ms. Wheeler stated that after review of the applicant’s proposal and other relevant information, it is recommended that SUP2018-005 be approved subject to the following conditions: 1. The special use permit for Bread of Life Church shall be limited to the property at 4995 Avalon Ridge Parkway as shown on the submitted survey; 2. Required inspections and interior finish permits shall be obtained before occupancy; 3. If the City determines that church activities sufficiently impact existing traffic, the City shall notify the church and the church shall provide an off-duty police officer during those times when church related traffic needs to be managed. 4. Any future expansion of the scope of the facility beyond the worship and similar services noted in the application shall require an amendment to the Special Use Permit. Weyl Wang, representing the applicant, was present and available to answer any questions. Mr. Wang stated that the church is excited to move into Peachtree Corners and service the community. Chairman Houser opened the floor for public comments. Chairman Houser closed the floor for public comments, no one spoke in favor nor opposition. MOTION TO APPROVE SUP2018-005 BREAD OF LIFE CHRISTIAN CHURCH REQUEST FOR A SPECIAL USE PERMIT TO ACCOMMODATE A RELIGIOUS FACILITY IN AN EXISTING BUILDING AT 4995 AVALON RIDGE PARKWAY, DIST. 6, LAND LOT 270, PEACHTREE CORNERS, GA WITH STAFF CONDITIONS. By: Mark Middleton Seconded: Alan Kaplan Vote: (4-0) (Middleton, Kaplan, Houser, Willis) Action: Approved with staff conditions RZ2018-002 Atlanta Best Used Cars. Request to approve a rezoning from M-1 to C-3 to accommodate used car sales at an existing building at 4765 Buford Highway, Dist. 6, Land Lot 258, Peachtree Corners, GA. Diana Wheeler, Community Development Director, presented this case to the Planning Commission and noted that the applicant is seeking approval of a rezoning to allow for used auto sales at an existing building and property along the west side of Buford Highway approximately one-half mile south of South Berkeley Lake Road. The property adjoins C-2, C-3, and M-1 zoning to the north, south, and west. East across Buford Highway is a C-2 zone in unincorporated Gwinnett County. The existing M-1 zoning does not permit used vehicle sales; the proposed C-3 zoning does if the site is at least 1.5 acres in size. The applicant’s property exceeds 4 acres. The proposal for used auto sales is consistent with the adjacent zoning and this area along Buford Highway. Given the existence of similar uses, the applicant’s proposal is unlikely to be a detriment to surrounding properties. However, the nature of the automotive use can create maintenance and aesthetic issues for the property. In its current condition, the site consists of a large metal warehouse building, significant expanses of asphalt paving, some grassed areas along the front, and tree stands along the rear of the property surrounding the detention pond. Page | 3 2018-07-17 PC Minutes There are several opportunities to improve the condition of the property in conjunction with the proposed new use. Landscaping, for example, could be added to the southern part of the site along the driveway where there is currently bare dirt. In addition, landscaping needs to be added along the front of the property. A decorative brick wall along the frontage would help screen the extensive view of vehicles on the site. The property would also benefit from a new monument sign. Ms. Wheeler stated that after review of the applicant’s proposal and other relevant information, it is recommended that RZ2018-002 be approved subject to the following conditions: 1. The rezoning from M-1 to C-3 shall be approved and limited to the 4.396 acres located at 4765 Buford Highway. 2. All vehicle maintenance and repair work shall be conducted indoors. 3. An acceptable method of vehicle washing waste water disposal shall be provided. 4. All vehicle parking areas shall be paved, and vehicles shall be parked in designated paved parking spaces with adjacent drive aisles which meet the requirements of the Zoning Ordinance. 5. Vehicles shall not be parked in landscape areas and shall not be stacked or stored in such a way that vehicles are not readily moveable or accessible. 6. Existing trees on the property shall not be removed unless they are diseased or dangerous, as determined by Staff. 7. A decorative, 4-foot high brick or brick and wrought iron or aluminum picket fence shall be installed along the front of the property, as approved by Staff. 8. Decorative landscaping shall be installed in front of the brick wall along Buford Hwy., as approved by Staff. 9. The chain link fencing visible from the street shall be replaced with metal picket fencing. 10. A new monument sign shall be installed on a brick base to match the decorative wall. The sign shall not exceed 6 ft. in height. 11. The dumpster shall be placed in an enclosure made primarily of brick and approved by Staff. 12. Conditions #7 - #11 shall be met prior to the issuance or transference of a business license to the subject property. 13. No more than 300 vehicles shall be parked on site. 14. No inoperable vehicles shall be stored on the property. 15. No billboards shall be permitted on the property. Page | 4 2018-07-17 PC Minutes The applicant representative, Eric Johansen, gave a brief description of the business and stated that the business owner is requesting a rezoning because he wants to consolidate operations into a larger location. The applicant requested that the Planning Commission approve the rezoning with a couple of changes to the staff conditions [applicant’s proposal underlined or struck through]: • On condition #3 – add “as approved by staff” • On condition #7 - A decorative, 4-foot high brick wall, or a combination of brick and wrought iron or aluminum picket fence, or metal bollards filled with concrete and painted shall be installed along the front of the property, as approved by staff. • On condition #8 - Decorative landscaping shall be installed in front of the brick wall, fence or bollards along Buford Hwy., as approved by staff • On condition #9 – The existing chain link fencing visible from the street shall be replaced with metal picket fencing removed. • On condition #10 – A new monument sign could be installed subject to the new monument having a brick base to match the predominant colors of the building. The new monument sign shall not exceed 6 feet in overall height. • On condition #13 – No More than 300 vehicles shall be parked on site. Chairman Houser opened the floor for public comments. Chairman Houser closed the floor for public comments, no one spoke in favor nor opposition. After review, the Commissioners moved forward with a motion by Chairman Houser to recommend approval of RZ2018-002 with amended conditions as follows: MOTION TO APPROVE AS AMMENDED RZ2018-002 ATLANTA BEST USED CARS. By: Matt Houser Seconded: Mark Willis Vote: (4-0) (Houser, Willis, Kaplan, Middleton) Action: Approved with amended conditions. 1. The rezoning from M-1 to C-3 shall be approved and limited to the 4.396 acres located at 4765 Buford Highway. 2. All vehicle maintenance and repair work shall be conducted indoors. 3. An acceptable method of vehicle washing waste water disposal shall be provided, as approved by staff. 4. All vehicle parking areas shall be paved, and vehicles shall be parked in designated paved parking spaces with adjacent drive aisles which meet the requirements of the Zoning Ordinance, and as approved by staff. 5. Vehicles shall not be parked in landscape areas and shall not be stacked or stored in such a way that vehicles are not readily moveable or accessible. 6. Existing trees on the property shall not be removed unless they are diseased or dangerous, as determined by Staff. 7. A decorative, 4-foot high brick wall or a combination of brick and wrought iron or aluminum picket fence, and metal bollards filled with concrete and Page | 5 2018-07-17 PC Minutes painted shall be installed along the front of the property, as approved by Staff. 8. Decorative landscaping shall be installed in front of the brick wall along Buford Hwy., as approved by Staff and shall include a 3-foot tall continuous evergreen hedge along the frontage and trees spaced 30-foot on center. 9. The chain link fencing visible from the street shall be removed. 10. If a new monument sign is installed, it shall be constructed on a brick base and shall not exceed 6 ft. in height. 11. The dumpster shall be placed in an enclosure made primarily of brick and approved by Staff. 12. Conditions #7 - #11 shall be met prior to the issuance or transference of a business license to the subject property. 13. No more than 300 vehicles shall be parked on site. 14. No inoperable vehicles shall be stored on the property. 15. No billboards shall be permitted on the property. 16. Install sidewalk along frontage as required by code. 17. Opaque type screening gates shall be installed, as approved by Staff, along the entrances from Buford Highway. CITY BUSINESS ITEMS: None COMMENTS BY STAFF AND PLANNING COMMISSION: Diana Wheeler, Community Development Director, informed the Commissioners that the City Council approved changes to board attendance policies. Two alternates will be added to the board to reduce the potential for quorum problems. Alternates will be appointed and will come to all regular meetings but will only vote in the absence of a board member. Attendance requirements have also changed from two-thirds of all the meetings within a calendar year to three-fourths of all the meetings within a twelve- month period. The Planning Commission meeting concluded at 8:09 PM. Approved, Attest: _____________________________ ____________________________________ Matt Houser Rocio Monterrosa Chairman Deputy City Clerk Page | 6 2018-07-17 PC Minutes PH2018-008 Lazy Dog Restaurant CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING ANALYSIS PLANNING COMMISSION DATE: AUGUST 21, 2018 CITY COUNCIL DATE: AUGUST 28, 2018 CASE NAME: LAZY DOG ELEVATIONS CASE NUMBER: PH2018-008 CURRENT ZONING: MUD (MIXED USE DEVELOPMENT) LOCATION: 5224 PEACHTREE PARKWAY MAP NUMBERS: 6th DISTRICT, LAND LOT 301 ACREAGE: 0.43 ACRES PROPOSED DEVELOPMENT: LAZY DOG RESTAURANT AT TOWN CENTER APPLICANT: JEREMY LAYTON LAZY DOG RESTAURANT 5224 PEACHTREE PKWY. PEACHTREE CORNERS, GA 30092 CONTACT: KEVIN FLOYD 404-907-1709 OWNER: FUQUA BCDC PEACHTREE CORNERS 3575 PIEDMONT RD. #800 ATLANTA, GA 30305 RECOMMENDATION: APPROVE PROJECT BACKGROUND: The elevations for the Town Center retail and restaurant buildings were approved in 2017 because they were in compliance with Ordinance 2015-06-49 that 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. PH2017-003 Two sites along Peachtree Parkway, which includes the site where Lazy Dog will be located, were not part of that approval. This application requires design approval through a new public hearing process. These two sites were previously out-parcels but have now become leased space on a larger parcel to be owned by the developer. Adjacent areas not part of the Lazy Dog lease area but part of the larger parcel should be addressed in the application. ELEVATION REVIEW: The Lazy Dog restaurant has a rustic American Mountain West architectural theme. The exterior includes earth-tone colors, prominent use of stone materials, timber accents, and a tower element to give prominence to the entrance. The earth tones and stone blend well with the European-inspired architecture of both The Forum and the surrounding Town Center. The elevation labeled “north” is that which is along Peachtree Parkway, while the “south” faces the parking deck. “West” is the corner entrance and patio area which faces the creek. Elevation approval does not constitute site plan approval. Site plan has several issues that need to be addressed including: landscaping plan (including along Peachtree Parkway R-O-W); too many to-go parking spaces; final design of trash compactor area adjacent to site; and the site plan shows an adjacent building with a configuration which has not been approved and should, therefore, not be represented on the plan. RECOMMENDATION: After review of the applicant’s proposal and other relevant information, it is recommended that PH2018-008 be approved subject to the following conditions: 1. Approval is for building elevations only. Site plan issues must still be addressed. 2. All CMU shall be covered with painted stucco as a finish material, not just paint. 3. Prior to issuance of a building permit, the LDP for this parcel shall be modified to include the landscape of the common area, including the adjacent right-of-way along Peachtree Parkway. The right-of-way improvements and landscaping shall be consistent with that of the properties to the north, including Piedmont Bank and Sprouts. 4. Applicant shall be responsible for the maintenance of the landscaping in the right-of-way along Peachtree Parkway. 5. The number of take-out parking spaces shall be limited to no more than three. 2 Lazy Dog Restaurant OVERALL GOOGLE SITE PLAN - PEACHTREE 7777 CENTER AVENUE, SUITE 500 HUNTINGTON BEACH, CA 92647 PHONE: 714.596.9960 FAX: 714.596.9970 www.lazydogrestaurants.com peachtree corners town center 5200 medlock bridge rd SHEET TITLE CONSTRUCTION LIMITS SITE PLAN DRAWN BY building tabulations CONSTRUCTION LIMITS CHECKED BY building area : 8070 sq. ft. NORTH SCALE service yard area : 1290 sq. ft. JOB NO. SHEET NUMBER total building area : 9360 sq. ft. patio area : total area : 1431 sq. ft. 10,791 sq. ft. SITE PLAN DD2.0 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 Lazy Dog CASE NUMBER: PH2018-008 PLANNING CITY COUNCIL CITY COUNCIL COMMISSION 1ST READING 2ND READING HEARING DATES: Jul. 17, 2018 Jul. 24, 2018 Aug. 28, 2018 PROPERTY ADDRESS: 5224 Peachtree Pkwy. PH2018-010 Text Amendment Health Clubs & Spas STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2018-XX-XXX AN ORDINANCE OF THE CITY OF PEACHTREE CORNERS, GEORGIA TO AMEND ARTICLE III OF THE CITY OF PEACHTREE CORNERS ZONING RESOLUTION TO DEFINE CERTAIN USES AND TO AMEND ARTICLE XIII OF THE CITY OF PEACHTREE CORNERS ZONING RESOLUTION BY AMENDING ZONING CODE SEC. 1308, C-2 GENERAL BUSINESS DISTRICT AND SEC. 1308A, C-3 HIGHWAY BUSINESS DISTRICT, TO SEPARATE THE USES OF “HEALTH CLUB” AND “SPA” AND TO REQUIRE A SPECIAL USE PERMIT FOR SPA USES; REPEALING ALL CONFLICTING ORDINANCES; AND SETTING AN EFFECTIVE DATE WHEREAS, the Mayor and Council of the City of Peachtree Corners are charged with the protection of the public health, safety, and welfare of the citizens of Peachtree Corners; and WHEREAS, pursuant to Section 1.12(a) of the City Charter, the City is charged with exercising the powers of zoning; and 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, the Mayor and Council desire to amend the current zoning resolution; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia that the Zoning Resolution be amended as follows: Section 1. (words struck through are deleted and words underlined are added) ARTICLE III, DEFINITIONS … Day spa. A business providing health, beauty, and relaxation personal services, which must offer at least three personal services such as skin treatment, nail treatment, hair treatment, hair removal/waxing, and relaxation treatment, and may also include, but cannot be limited to, non- medical massage. … Fitness center. See “Health club.” … Health club. Establishments with equipment and defined spaces for exercise and physical conditioning and which may include accessory personal services such as personal training. … ARTICLE XIII, USE PROVISIONS … Section 1308. C-2 General Business District. 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 COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2018-XX-XXX … Permitted Uses. Only the following permitted uses shall be allowed in the C-2 General Business District and no structure shall be erected, structurally altered or enlarged for any use other than a use permitted herein with the exception of a) uses lawfully established prior to the effective date of the amendment; b) special uses as permitted herein; or c) accessory uses defined in Article III, Definitions; or [d)] other uses which are clearly similar to and consistent with the purpose of this District. A. Retail and Service Uses … 39. Health clubs or spas fitness centers. … E. Special Uses … 8a. Day spas. … Section 1308A. C-3 Highway Business District. … Permitted Uses. Only the following permitted uses shall be permitted in the C-3 Highway Business District and no structure shall be erected, structurally altered or enlarged for any use other than a use permitted herein with the exception of a) uses lawfully established prior to the effective date of this amendment; b) special uses as permitted herein; or c) accessory uses as defined in Article III, Definitions; or d) other uses which are clearly similar to and consistent with the purpose of this district. A. Retail and Service Uses … 44. Health clubs or spas fitness centers. … E. Special Uses. Within the C-3 Highway Business District, the following uses may be permitted provided the applicant for such a development is granted a Special Use Permit by the City Council after receiving recommendations from the Community Development Director and Planning Commission and after a Public Hearing: … 4. Day spas. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. 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 COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2018-XX-XXX SO ORDAINED AND EFFECTIVE, this ___ day of ________________, 20__. Approved: _______________________________ Mike Mason, Mayor ATTEST: ____________________________(SEAL) Kym Chereck, City Clerk 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 PH2018-011 Text Amendment RV Parking STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2018-XX-XXX AN ORDINANCE OF THE CITY OF PEACHTREE CORNERS, GEORGIA TO AMEND ARTICLE X OF THE CITY OF PEACHTREE CORNERS ZONING RESOLUTION BY AMENDING SECTION 1001 RELATED TO LOCATION OF PARKING FOR RECREATIONAL VEHICLES AND SECTION 1004 RELATED TO ADMINISTRATIVE VARIANCES AND TO AMEND ARTICLE XVI OF THE CITY OF PEACHTREE CORNERS ZONING RESOLUTION BY AMENDMING SECTION 1610 RELATED TO ADMINISTRATIVE VARIANCES; REPEALING ALL CONFLICTING ORDINANCES; AND SETTING AN EFFECTIVE DATE WHEREAS, the Mayor and Council of the City of Peachtree Corners are charged with the protection of the public health, safety, and welfare of the citizens of Peachtree Corners; and WHEREAS, pursuant to Section 1.12(a) of the City Charter, the City is charged with exercising the powers of zoning; and 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, the Mayor and Council desire to amend the current zoning resolution; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia that the Zoning Resolution be amended as follows: Section 1. (words struck through are deleted and words underlined are added) ARTICLE X, OFF-STREET AUTOMOBILE PARKING AND LOADING AND UNLOADING SPACES … Section 1001. Plan and Design Standards for Off-Street Parking. … 5. Location and Surface of Parking Areas. … b. In any residential district, the parking of any motor vehicle except on a hard-surfaced driveway or in a carport or garage is prohibited. Any recreational vehicle or any non-motor vehicle may only be parked in a carport, enclosed structure, or in the rear yard on a paved surface (or approved porous or grassed paving system). Exception to this restriction shall be made for visiting campers and motorhomes which may be parked up to four times per year in the same residential driveway for up to seven (7) days at a time or in accordance with the requirements of Sec. 1610. Any vehicles parked in the rear yard not in a carport or an enclosed structure must be parked at least fifteen (15) feet from the property line. Vehicles or equipment used for agricultural purposes on RA-200 or R-100 zoned property 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 COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2018-XX-XXX with 5 or more acres are exempt from hard surface parking requirements if parked outside the required front yard setback. … Section 1004. Administrative Variances for Parking. See Sec. 1610. In instances where an applicant shows specific and valid reasons why the requirements of Section 1002 cannot reasonably be met, and where a reduction or increase of not more than 30 percent in such requirements will not adversely affect the spirit or intent of this article, the Director of Planning and Development may administratively grant such a reduction or increase. … ARTICLE XVI. - ZONING BOARD OF APPEALS … Section 1610. Administrative Variances. ... i. In instances where an applicant shows specific and valid reasons why the requirements of Section 1002 cannot reasonably be met, and where a reduction or increase of not more than 30 percent in such requirements will not adversely affect the spirit or intent of this article, the Director of Community Development may administratively grant such a reduction or increase. j. In instances where an applicant shows specific and valid evidence that a recreational vehicle has been parked in a location continuously since prior to July 1, 2012, and no complaints have been received concerning that parking location, the Director of Community Development may administratively grant permission for such vehicle to remain parked in its current location. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SO ORDAINED AND EFFECTIVE, this ___ day of ________________, 20__. Approved: _______________________________ Mike Mason, Mayor ATTEST: 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 COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2018-XX-XXX ____________________________(SEAL) Kym Chereck, City Clerk 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 PH2018-012 Text Amendment Restaurants in M-1 District CITY OF PEACHTREE CORNERS COUNTY OF GWINNETT, STATE OF GEORGIA ORDINANCE 2018-XX-XXX AN ORDINANCE OF THE CITY OF PEACHTREE CORNERS, GEORGIA TO AMEND ARTICLE XIII OF THE CITY OF PEACHTREE CORNERS ZONING RESOLUTION BY AMENDING ZONING CODE SEC. 1310, M-1 LIGHT INDUSTRY DISTRICT TO ADD RESTAURANTS AS A PERMITTED USE WITHIN THE CBD; REPEALING ALL CONFLICTING ORDINANCES; AND SETTING AN EFFECTIVE DATE WHEREAS, the Mayor and Council of the City of Peachtree Corners are charged with the protection of the public health, safety, and welfare of the citizens of Peachtree Corners; and WHEREAS, pursuant to Section 1.12(a) of the City Charter, the City is charged with exercising the powers of zoning; and 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, the Mayor and Council desire to amend the current zoning resolution; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia that the Zoning Resolution be amended as follows: Section 1. (words struck through are deleted and words underlined are added) ARTICLE XIII, USE PROVISIONS … Section 1310. M-1 Light Industry District. … Permitted Uses. Only the following uses shall be permitted within the M-1 Light Industry District and no structure shall be erected, structurally altered or enlarged for any use other than as permitted herein with the exception of a) uses lawfully established prior to the effective date of this amendment, b) special uses as permitted herein, c) accessory uses as defined in Article III, Definitions, d) other uses which are clearly similar to and consistent with the purpose of this district, or e) limited uses (listed at the end of this section) for property located within the Central Business District (see CBD boundary map). … Limitations on uses Uses within the Central Business District (see CBD boundary map) a) All permitted M-1 uses shall be allowed a) The following uses shall be prohibited on M-1 zoned property in the Central Business District except the following: STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2018-XX-XXX Automobile Body Repair Shop Automobile Repair Shop Baking Plant Cold Storage Plant Funeral Homes and Crematories Ice Manufacturing/Packing Plant Laundry / Dry Cleaning Plant (does not apply to retail pick-up facility) Maintenance Shop (automobile fleet vehicles) Mini-Warehouse or Self-Storage facility Outdoor Storage Plastics Extrusion Plant Recovered Materials Processing Facility Sexually Oriented Businesses Soft Drink Bottling/ Distribution Plant Truck Rental or Leasing Truck Fleet Maintenance Shop b) Businesses with an active business license that operate a use listed in a) shall be considered a legal, non-conforming use and may continue to operate for as long as the business license stays active and the business is not discontinued for six months or longer. c) Uses listed in a) that were authorized by zoning hearing, building permit, land disturbance permit or other similar approval, shall be void if the use did not become operational as evidenced by the issuance of a business license by 2/16/16. d) In addition to all otherwise permitted M-1 uses, the following additional use shall also be permitted on M-1 zoned property in the Central Business District: Restaurants, without drive-throughs, when integrated into a building housing other permitted uses and when such restaurant comprises no more than 25% of the overall floor area of the building. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SO ORDAINED AND EFFECTIVE, this ___ day of ________________, 20__. Approved: _______________________________ 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 COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2018-XX-XXX ATTEST: ____________________________(SEAL) Kym Chereck, City Clerk 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

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