Planning Commission

PLANNING COMMISSION AGENDA November 13, 2019 7:00 PM CITY HALL A. Roll Call B. Approval of October 15, 2019 Minutes C. Old Business: D. New Business: 1. Election of Officers. Discussion, nomination, and election of officers to fill vacant positions. 2. SUP2019-002 Peachtree Corners Pawn. Request to approve a special use permit to accommodate a pawn shop in an existing shopping center at 7040 Jimmy Carter Blvd., Dist. 6, Land Lot 275, Peachtree Corners, GA. 3. PH2019-006 & V2019-006 Chase Bank. Request to modify a required buffer with associated variance for a new bank proposed at 4057 Holcomb Bridge Rd., Dist. 6, Land Lot 313, Peachtree Corners, GA E. City Business Items: 1. PH2019-008 Mobile Restaurants in Technology Park. Consideration of an amendment to Zoning Code Sec. 1310, M-1 Light Industry District, to add mobile restaurants as a permitted use within Technology Park within the Central Business District. 2. PH2019-009 Oversized Signs in the Central Business District. Consideration of an amendment to Zoning Code Sec. 1310, M-1 Light Industry District, to add oversized signs as a prohibited use within the Central Business District. F. Comments by Staff and Planning Commissioners. G. Adjournment.  CITY OF PEACHTREE CORNERS PLANNING COMMISSION MINUTES OCTOBER 15, 2019 7:00 PM The City of Peachtree Corners held a Planning Commission meeting on Tuesday, October 15, 2019. 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 Shanga White, Post B Mark Willis, Post C Jim Blum, Post E Joseph Collins, Alternate - absent Lance Campbell, Alternate Staff: Diana Wheeler, Community Development Director Jeff Conkle, Planning and Zoning Administrator Kym Chereck, City Clerk MINUTES: MOTION TO APPROVE MINUTES FROM THE SEPTEMBER 17, 2019 PLANNING COMMISSION MEETING AS PRESENTED. By: Mark Willis Seconded: James Blum Vote: 4-0-1 (Willis, Blum, Houser, White) (Kaplan abstained) Action: Minutes Approved OLD BUSINESS: None NEW BUSINESS: 1. RZ2019-003 & V2019-005 Chabad Gwinnett Request to rezone 0.485 acres from R-100 to O-I with associated variances to allow for a new religious facility and adjacent parking lot at 5815 Crooked Creek Rd., Page | 1 2019-10-15 PC Minutes  Dist. 6, Land Lot 303, Peachtree Corners, GA. Diana Wheeler, Community Development Director, informed the Commission that the applicant is requesting the rezoning of 0.485 acres from R-100 (Single Family Residence) to O-I (Office-Institutional) to convert an existing single- family residence into a synagogue with associate parking on an adjacent parcel already zoned O-I. Associated variances include requests to reduce the required 50’ rear buffer to 15’ for a portion of the rear and 35’ for the remainder of the rear behind the existing home; to reduce the required 50’ buffer to 25’ adjacent to the parking area; and a setback reduction from 40’ to 20’ along a portion of the rear to permit additions to the existing home, as depicted on the site plan. The property, which is currently a single-family home built in the 1980s, is located on the west side of Crooked Creek Road, just south of the intersection with Spalding Drive. The site plan submitted by the applicant indicates that the existing point of entry to the residential property will remain in place. The adjacent O-I property with have a parking lot with two points of entry: one on Crooked Creek Road and one on Spalding Drive. Properties located immediately to the east, south, north and northwest of the subject property are zoned R-100, while parcels to the southeast are zoned RM- 8 (Multifamily Residence). The adjacent property owned by the applicant to the northeast is zoned O-I. The area is largely characterized by a mixture of single- family residential properties and townhome condominiums. The subject property is located within the Village Residential Character Area on the Peachtree Corners Character Areas Map. This area encourages “a variety of high-quality housing options to families at all stages of life” and is also an area where institutional uses such as religious facilities and schools are appropriate. After review of the applicant’s proposal and other relevant information, it is recommended that RZ2019-003/V2019-005 be approved with the following conditions: 1. The property shall be rezoned from R-100 to O-I. 2. Variances shall be approved so that the rear yard setback for the building is reduced to 40’ along the southwest portion of the rear and 20’ along the northwest portion of the rear. Additionally, a variance shall be approved so that the rear buffer area is reduced to 35’ along the southwest portion of the rear and 15’ along the northwest portion of the rear. The buffer adjacent to the parking lot shall also be reduced to 25’. 3. The development shall be in substantial conformance with the plan labeled “Plan of Chabad Gwinnett” dated August 30, 2019. 4. Development shall include no more than the three access points shown on the plan: the existing driveway at the house, the proposed parking lot Page | 2 2019-10-15 PC Minutes  driveway along Crooked Creek Road and the proposed parking lot driveway along Spalding Drive. 5. Applicant shall install a replanted buffer along the rear of the existing building’s lot consisting of double staggered rows of evergreens that are no less than 6 feet in height at time of planting plus additional shrubs that are no less than 3 feet in height at the time of planting to ensure a fully-vegetated buffer. 6. Applicant shall leave the buffer adjacent to the proposed parking lot undisturbed. Areas that are sparse with vegetation shall be supplemented by plantings to ensure a fully-vegetated buffer. 7. The synagogue shall make provisions for off-site parking when events are expected to generate a greater need for parking than the site can accommodate. In addition, an off-duty officer shall be utilized to manage traffic, if needed, in order to avoid traffic impacts to Spalding Drive. The representative for the applicant, Mr. Shane Lanham of Mahaffey Pickens Tucker LLP, gave a brief description of the project and informed the Commission that the applicant has no issue with staff’s conditions. Mr. Lanham stated that overflow parking for the site would take place at nearby churches. Chairman Houser opened the floor for public comments. Mr. David Choi explained that he is speaking for his parents who reside at 3778 Creekstone Drive. Mr. Choi stated that he is in opposition to the application as he feels this application will negatively affect the property value of surrounding properties, increase noise in the neighborhood and change the character of the neighborhood. Mr. Choi also expressed concern with the traffic in the area which he feels is already an issue. Mr. Paul Webber of 5878 Spalding Drive, stated that his is in opposition to the application. Mr. Webber expressed various concerns with the application which include traveling on a dangerous road which exits onto Spalding Drive and, destroying the character of the neighborhood. Mr. Webber presented the Commission with a handout depicting his concerns. A copy of this handout can be obtained by the Community Development office. Ms. Patricia Murphy, who lives two doors down from the proposed Chabad, stated that she is opposed to the application because she feels they will try to purchase other surrounding homes and change the character of the neighborhood. Mr. Scott Kelley of 3758 Creekstone Drive, stated that he is in opposition to the application. Mr. Kelley expressed concern with the traffic flow and with the applicant purchasing additional houses in the neighborhood for expansion. Mr. Stanley Harden of 3643 Monticello Commons, stated that the neighborhoods surrounding the proposed site are bedroom neighborhoods. Mr. Harden informed the Commission that people walking to the proposed site from other parking lots for services will encounter dangerous conditions and Page | 3 2019-10-15 PC Minutes that this is not the proper site for this applicant. Mr. Terry Mercer of 3131 Edgewater Drive, Gainesville, who was representing a group of opposed neighbors, stated that he is opposed to the application. Mr. Mercer also stated that the egress and ingress will be an issue with this application. Mr. Mercer presented the Commission with a handout depicting his concerns. A copy of this handout can be obtained by the Community Development office. Motions were made after discussion amongst the Commission. MOTION TO DENY THE REQUEST TO REZONE RZ2019-003 & V2019- 005 AS PRESENTED. By: Mark Willis Seconded: Alan Kaplan MOTION TO TABLE TONIGHT’S APPLICATION TO THE NOVEMBER PLANNING COMMISSION MEETING TO ALLOW THE APPLICANT TO COME BACK AND ADDRESS CONCERNS ABOUT POTENTIAL EXPANSION OF THE CHABBAD OWNERSHIP OF LAND IN THE AREA AND, IT’S FUTURE DEVELOPMENT PLANS, AS WELL TO ADDRESS THE COMMUNITY’S UNDERSTANDABLE CONCERNS ABOUT TRAFFIC AND SAFETY BASED ON THE ULTIMATE DEVELOPMENT OF THE PROPERTY. By: James Blum Seconded: Matt Houser VOTE ON SECOND MOTION: 2-3 (Blum and Houser approve) (Kaplan, White, Willis opposed) VOTE ON FIRST MOTION: 4-1 (Willis, Kaplan, White, Houser approved) (Blum opposed) ACTION TAKEN: APPLICATION DENIED CITY BUSINESS ITEMS: No new City business COMMENTS BY STAFF AND PLANNING COMMISSION: Jeff Conkle informed the commissioners that there will be a meeting in November. Page | 4 2019-10-15 PC Minutes The Planning Commission meeting concluded at 8:30 PM. Approved, Attest: _____________________________ ____________________________________ Matt Houser Kym Chereck Chairman City Clerk Page | 5 2019-10-15 PC Minutes  SUP2019-002 Peachtree Corners Pawn  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT ANALYSIS PLANNING COMMISSION DATE: NOVEMBER 13, 2019 CITY COUNCIL DATE: DECEMBER 17, 2019 CASE NAME: PEACHTREE CORNERS PAWN CASE NUMBER: SUP2019-002 CURRENT ZONING: C-2 GENERAL BUSINESS DISTRICT LOCATION: 7040 JIMMY CARTER BOULEVARD, SUITE 4 MAP NUMBERS: 6th DISTRICT, LAND LOT 275 ACREAGE: 10.58 ACRES, ENTIRE SHOPPING CENTER PROPOSED DEVELOPMENT: SPECIAL USE PERMIT TO ALLOW FOR A PAWN SHOP IN A C-2 DISTRICT FUTURE DEVELOPMENT MAP: HOLCOMB BRIDGE CORRIDOR CHARACTER AREA APPLICANT: THOMAS GOODE 4631 NORTH SPRINGS CT DUNWOODY GA 30338 CONTACT: JOHN UNDERWOOD, ATTORNEY 770-925-0111 OWNER: PEACHTREE CORNERS CENTER LLC 1805 BLANTON MILL ROAD GRIFFIN GA 30324 RECOMMENDATION: APPROVE WITH CONDITIONS  SUP2019-002 PROJECT DATA: The applicant requests a Special Use Permit on a portion of a 10.58-acre parcel, zoned C-2 (General Business District), to allow a pawn shop. The pawn shop owner has an existing pawn shop business in Peachtree Corners which is currently located about a mile away at 6889 Peachtree Industrial Boulevard. The business owner would like to relocate his existing business, currently located in a retail strip center, because the center’s owner wants to remodel the building and is not renewing leases. The subject property for the proposed relocation is currently vacant space in the large shopping center on Jimmy Carter Boulevard just northwest of Peachtree Industrial Boulevard. The specific location is the one-story building (known as 7040 Jimmy Carter Boulevard) to the south of the larger two-story building (known as 7050 Jimmy Carter Boulevard). The pawn shop is proposed in Suite 4 of 7040 Jimmy Carter Boulevard which is a 1500 square foot space. The surrounding area is characterized by commercial establishments zoned C-2 to the north, south and east. To the west, a condominium townhome complex named Hidden Cove is zoned RM (Residential Multifamily District). 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’, below. 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 pawn shop is unlikely to have a negative impact on the use and development of nearby and adjacent property in view of other similar uses nearby. The applicant seeks a Special Use Permit for Suite 4 of the building located at 7040 Jimmy Carter Boulevard. Suite 4 is 1500 SF of the 5474 SF building located in a shopping center owned by Peachtree Corners Center, LLC, 7050 Jimmy Carter Boulevard. The shopping center formerly housed a pawn shop and a check cashing establishment located in of the 7050 building. There is an existing TitleMax Pawn shop at 6405 Peachtree Industrial Boulevard which is within 900 feet of 7040 Jimmy Carter Boulevard. The applicant has operated a nearby pawn shop 6889 Peachtree Industrial Boulevard in Peachtree Corners for over 6 years. Applicant’s current location is approximately 1.1 miles from Suite 4, 7040 Jimmy Carter Boulevard. The applicant is forced to relocate because his landlord seeks to renovate the property. Staff’s Comment: The pawn shop is unlikely to have a detrimental impact on the use and development of adjacent and nearby property in the proposed location than in its current nearby location. Its impact on traffic and other infrastructure would remain roughly the same, 2  SUP2019-002 while Peachtree Corners would be able to take steps to minimize the impact of signage on the area’s aesthetics and traffic safety. 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. As stated above the shopping center has had similar businesses operating there in the past and there are other similar businesses nearby. It will not have any adverse effects on the existing use or usability of adjacent and nearby properties. Staff’s Comment: The proposed Special Use Permit would allow Peachtree Corners to regulate how the business operates while not increasing any adverse effects on the existing use or usability of adjacent or nearby properties. 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: Yes, the property has a reasonable economic use it is currently zoned. 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? Applicant’s Response: No. Since the proposed pawnshop will be located in an existing building within the shopping center, its impact on transportation and other infrastructure should remain unchanged. Staff’s Comment: As the proposed location is a small storefront within an existing large-scale shopping center, impacts on infrastructure should remain unchanged. 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 proposed pawn shop is only allowed as a special use in the C2 zoning classification. All 10.58 acres of the Peachtree Corners Center, LLC property is zoned C2. Pawn shops are not permitted anywhere in the City of Peachtree Corners other than as a special use within the C2 zoning classification. The applicant seeks the SUP only for the 1500 SF of Suite 4. The 2040 Peachtree Corners Character Area Map indicates that the property is located in the Holcomb Bridge Corridor Character Area. It is an appropriate use within the area. Staff’s Comment: (see Comprehensive Plan heading, next page.) 3  SUP2019-002 F. Are there are 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 pawn shop will occupy only 1500 SF of the building at 7040 Jimmy Carter Boulevard. The applicant will not have any outdoor sales, display or storage, and will accept reasonable conditions on signage and the exterior appearance of the building. Staff’s Comment: The fact that the exiting location has operated without issue since it was approved in 2011 suggests that the proposed use should not have a detrimental impact on the new location. COMPREHENSIVE PLAN: The 2040 City of Peachtree Corners Character Area Map indicates that the property is located within the Holcomb Bridge Corridor Character Area. This Character Area encourages a higher-intensity nodes at major intersections, with a mix of destination retail and smaller, neighborhood-serving commercial uses. The proposed Special Use Permit would not be inconsistent with these encouraged uses. DEPARTMENT ANALYSIS: The business in question is currently in place at a nearby location in Peachtree Corners. The business has one wall sign stating “Peachtree Corners Pawn” and is visible from both Peachtree Industrial Boulevard and its frontage road. The applicant’s goal is to relocate within the area, since his lease is not being renewed. The existing pawn shop had Special Use Permit approval by Gwinnett County in 2011 (SUP2011-0041). That approval included 10 conditions related to the operation of the business. Since the approval, the business has not been the subject of any zoning violations and staff is not aware of any complaints. The Gwinnett County conditions were as follows: 4  SUP2019-002 Therefore, after review of the applicant’s proposal and other relevant information, it is recommended that SUP2019-002 be approved with the following conditions: 1. Pawn shop, as a special use, shall be added to the shopping center and limited to the 1500 sq. ft. designated location, 7040 Jimmy Carter Boulevard, Suite 4, shown on the site plan provided with this application. 2. No outdoor sales, display, or storage shall be permitted. 3. Except for a ‘grand opening’ type banner issued in accordance with sign ordinance requirements, no other temporary advertising such as balloons, tents, or flags shall be permitted. 4. Signage shall be limited to the following: one wall sign no greater than 36 sq. ft. in area on the front of the building; one “open” sign no greater than 3 sq. ft. located in the storefront area; and one sign slot in the monument sign for the shopping center. 5. Except for the ‘open’ sign, no signage, neon, or tube lighting shall be placed in the windows and none of these items shall be placed on the roof. 6. Hours of operation for the pawn shop shall be limited to between 8:00am and 7:00pm. 7. No bars shall be permitted on the windows. 8. Pawn shop owner shall repair or repaint any graffiti or vandalism that occurs on the outside of the store within 72 hours. 5  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 310 Technology Parkway, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PROPERTY LOCATION MAP Peachtree Corners Pawn CASE NUMBER: SUP2019-002 PLANNING CITY COUNCIL CITY COUNCIL COMMISSION 1ST READING 2ND READING HEARING DATES: NOV. 13, 2019 NOV. 19, 2019 DEC. 17, 2019 PROPERTY ADDRESS: 7040 Jimmy Carter Boulevard PH2019-006 & V2019-006 Chase Bank  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC HEARING ANALYSIS PLANNING COMMISSION DATE: NOVEMBER 13, 2019 CITY COUNCIL DATE: DECEMBER 17, 2019 CASE NAME: CHASE BANK CASE NUMBER: PH2019-006 & V2019-006 CURRENT ZONING: C-2 (GENERAL BUSINESS DISTRICT) LOCATION: 4057 HOLCOMB BRIDGE ROAD MAP NUMBERS: 6th DISTRICT, LAND LOT 313 ACREAGE: 0.73 ACRES PROPOSED DEVELOPMENT: CHASE BANK AND DRIVE-THROUGH A.T.M. APPLICANT: SOUTHEASTERN RETAIL DEVELOPMENT LLC 2050 W. COUNTY HWY. 30A, SUITE M1228 SANTA ROSA BEACH, FL 32459 CONTACT: ALEC LESLEY, SOUTHEASTERN RETAIL 404-667-0569 OWNER: HOLCOMB BRIDGE & SPALDING LLC 7595 VAN EYCK WAY ATLANTA, GA 30350 RECOMMENDATION: APPROVE WITH CONDITIONS PROJECT BACKGROUND: The property in question is zoned C-2 and was home to a fast food restaurant (Burger King) for many years before becoming vacant in 2019. There are no existing conditions limiting the use of the property. Because the property adjoins an R-100 District to the rear, there should be a 75’ buffer at the rear of this property to screen the residential use. However, Burger King existed prior to the buffer requirement, so its drive-through and parking areas come within a few feet of the residential property to the rear.  PH2019-006 & V2019-006 The applicant is seeking to redevelop the property by demolishing the existing building and parking lot and constructing a new bank building with a detached drive-through A.T.M facility. Because of the constrained nature of the site and the 75’ buffer requirement, the applicant is requesting a buffer reduction in the rear to accommodate a drive-through A.T.M. and some parking area as shown on the attached plan. While these would be within the 75’ buffer, they are much further away from the residential property than the previous Burger King layout. Again because of the small size and constrained layout options, the applicant is also requesting a variance to the 50’ front and exterior side yard setbacks, along Holcomb Bridge Road and Spalding Drive, to allow the bank building to be constructed at a 10’ setback near the corner of the property. Zoning Ordinance Section 606 directs buffer modification requests through the public hearing process at the Planning Commission and City Council rather than treating it as a variance that requires review by the Zoning Board of Appeals. STAFF REVIEW: The site in question is a highly-visible property located at a gateway into Peachtree Corners from Sandy Springs and Dunwoody along Spalding Drive and from Roswell along Holcomb Bridge Road. The applicant is proposing a bank branch with a detached drive-through in a layout that has been customized to fit this constrained site. For example, the bank building is proposed to sit at the front corner of the property with the parking located to the side and rear. Additionally, the typical attached drive-through has been detached and relocated to the rear. The request to reduce the buffer and vary the front and exterior side setbacks is prompted by the constraints of the property, including its configuration, small size, and the very limited amount of developable area that would result from full compliance with a 75’ rear buffer and 50’ setbacks. RECOMMENDATION: After review of the applicant’s proposal and other relevant information, it is recommended that PH2019-006 & V2019-006 be approved subject to the following conditions: 1. The property shall be developed in substantial compliance with the plan dated 10-02-2019. 2. Approval of the buffer reduction and setback variances is limited to those shown on the plan dated 10-02-2019. 2  PH2019-006 & V2019-006 3. The remaining area behind the drive-through lane and adjacent to the residential property shall be fully replanted as a densely-vegetated buffer in accordance with the Landscape & Buffer Plan dated 10-29-2019. 4. The 10’ landscape strip on the other three sides shall be planted in compliance with City regulations. 5. The property shall comply with all Activity Center/Corridor Overlay requirements. 6. The existing pylon sign at the corner of Holcomb Bridge Road and Spalding Drive shall be removed and shall not be reused by Chase Bank. All new signage shall comply with the requirements of the City’s Sign Ordinance and Activity Center/Corridor Overlay. 3 10/24/2019 GwinnettTaxCommissioner > View/Pay Your Taxes > Account Detail > Bill Detail  BILL DETAIL View/Pay Your Taxes / Account Detail / Bill Detail Tax Account Mailing Address: SITUS: HOLCOMB BRIDGE & SPALDING LLC 4057 NE SPALDING DR 2100 RIVEREDGE PKWY STE 850 Tax District: ATLANTA , GA 30328-4656 PEACHTREE CORNERS Parcel ID Property Type Last Update R6313 007 Real Property 10/24/2019 10:09:57 AM Legal Description SPALDING DRIVE Tax Values Description Market Value Assessed Value Land $457,400.00 $182,960.00 Improvement $337,700.00 $135,080.00 Total $795,100.00 $318,040.00 Class Codes 325-Fast Food https://gwinnetttaxcommissioner.publicaccessnow.com/ViewPayYourTaxes/AccountDetail/BillDetail.aspx?p=R6313 007&a=1176492&b=23804225&y=… 1/3 10/24/2019 GwinnettTaxCommissioner > View/Pay Your Taxes > Account Detail > Bill Detail Assessments Operation Net Tax Savings School Taxes $6,265.39 $0.00 STATE OF GEORGIA TAXES $0.00 $0.00 City of Peachtree Corners $0.00 $0.00 County Incorporated with Police $4,121.48 $0.00 Sub Total $10,386.87 $0.00 Bond Net Tax Savings School Taxes $604.28 $0.00 County Incorporated with Police $0.00 $0.00 Sub Total $604.28 $0.00 Special Assessment Net Tax Savings PEACHTREE CORNERS STORMWATER FEES $565.80 $0.00 Sub Total $565.80 $0.00 Total Tax $11,556.95 $0.00 Tax Installment Information Period Bill Number Due Date Tax Year Tax Penalty/Fee Interest Total Due INST 1 23804225 10/15/2019 2019 $0.00 $0.00 $0.00 $0.00 Total Due: $0.00 $0.00 $0.00 $0.00 Payment History Tax Year Bill Number Receipt Number Amount Paid Last Paid 2019 23804225 B19.121490 $11,556.95 10/15/2019 https://gwinnetttaxcommissioner.publicaccessnow.com/ViewPayYourTaxes/AccountDetail/BillDetail.aspx?p=R6313 007&a=1176492&b=23804225&y=… 2/3  CITY OF PEACHTREE CORNERS COMMUNITY DEVELOPMENT 310 Technology Parkway, Peachtree Corners, GA 30092 Tel: 678.691.1200 | www.cityofpeachtreecornersga.com PROPERTY LOCATION MAP Chase Bank CASE NUMBER: PH2019-006 & V2019-006 PLANNING CITY COUNCIL CITY COUNCIL COMMISSION 1ST READING 2ND READING HEARING DATES: NOV. 13, 2019 NOV. 19, 2019 DEC. 17, 2019 PROPERTY ADDRESS: 4057 Holcomb Bridge Road  PH2019-008 Mobile Restaurants  STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2019-10-154 AN ORDINANCE OF THE CITY OF PEACHTREE CORNERS, GEORGIA TO AMEND ARTICLE III OF THE CITY OF PEACHTREE CORNERS ZONING RESOLUTION BY AMENDING DEFINITIONS TO DEFINE MOBILE RESTAURANTS AND 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 MOBILE RESTAURANTS AS A PERMITTED USE WITHIN THE CENTRAL BUSINESS DISTRICT; 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 … Mobile restaurant. A commercial kitchen within a licensed and operable commercial motor vehicle whose method of operation is temporary and transient and involves the preparation and sale of food and/or beverages in a ready-to-consume state for consumption either on or off the premises, but not within the vehicle. … 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 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 2019-10-154 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) uses (listed at the end of this section) for property located within the Central Business District (see CBD boundary map). … Uses within the Central Business District (see CBD boundary map) … d) In addition to all otherwise permitted M-1 uses, the following additional uses 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. Mobile restaurants, provided the following condition are met: 1. The property is zoned M-1 and is located within Technology Park (see Technology Park boundary map). 2. No property shall have more than three mobile restaurants at any one time. 3. The mobile restaurants shall be readily moveable and not affixed to the ground. 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: ____________________________(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  Peachtree Corners Technology Park Map ° Legend City Streets Technology Park Boundary Technology Park Buildings Technology Park Parcels City Limits 1 in = 1,000 ft 0 500 1,000 2,000 3,000 4,000 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China Feet (Hong Kong), Esri Korea, Esri (Thailand), NGCC, © OpenStreetMap contributors, and the GIS User Community  PH2019-009 Oversized Signs CITY OF PEACHTREE CORNERS COUNTY OF GWINNETT, STATE OF GEORGIA ORDINANCE 2019-10-153 AN ORDINANCE TO AMEND CITY OF PEACHTREE CORNERS ZONING RESOLUTION ART. XII AND O2016-01-64, BY AMENDING SEC. 1310, M-1, LIGHT INDUSTRY DISTRICT, REGARDING PROHIBITED M-1 USES WITHIN THE CENTRAL BUSINESS DISTRICT; REPEALING CONFLICTING REGULATIONS; 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, the Mayor and Council desire to amend the 2012 Zoning Resolution and Ordinance 2016-01-64; NOW THEREFORE, the Council of the City of Peachtree Corners hereby ordains, as follows: Section 1: The City of Peachtree Corners 2012 Zoning Resolution and Ordinance 2016-01- 64 shall be amended by adding the following (underlined words): 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). Permitted Uses within the Central Business district (see CBD boundary map) a) All permitted M-1 uses shall be allowed on M-1 zoned property in the Central Business District except the following: Automobile Body Repair Shop Maintenance Shop (automobile fleet Automobile Repair Shop vehicles) Baking Plant Mini-Warehouse or Self-Storage facility Cold Storage Plant Outdoor Storage Funeral Homes and Crematories Oversized Signs and Billboards Ice Manufacturing/Packing Plant Plastics Extrusion Plant Laundry / Dry Cleaning Plant (does not Recovered Materials Processing Facility apply to retail pick-up facility) Sexually Oriented Businesses Soft Drink Bottling/ Distribution Plant CITY OF PEACHTREE CORNERS COUNTY OF GWINNETT, STATE OF GEORGIA ORDINANCE 2019-10-153 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 12/31/19. Section 2 All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Effective this _____ day of November, 2019. Approved by: _______________________ _________________________ Kym Chereck, City Clerk Mike Mason, Mayor SEAL