CITY OF HOSCHTON CITY COUNCIL  THURSDAY, MARCH 14, 2024 AT 6:00PM HOSCHTON COMMUNITY CENTER 65 CITY SQUARE, HOSCHTON  H HOSCHTON  PUBLIC HEARING AGENDA  WELCOME AND CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE AGENDA. APPROVAL NEW BUSINESS:  1. Z-24-01 Rezoning (formerly Z-23-13): Southeastern Property Developers, LLC, applicant, seeks to rezone to PUD (Planned Unit Development) five parcels of land totaling 12.74 (1) 1909, LLC, property owner, rezone from C-1, Neighborhood Business District, 1.7 acres (Map/Parcel 120/014A) fronting approximately 150 feet on the east side of State Route 53 and fronting approximately 360 on the south side of Pendergrass Road (SR 332); and (2) Hilliard L. Lott, property owner, rezone from R-1, Single Family Low Density District, 2.73 acres (Map/Parcel 120/014) fronting on the south side of Pendergrass Road (SR 332); (3) Queen Frank as Trustee of The Queen Family Trust, property owner, from C-2 (General commercal/Highway Oriented District) 2.31 acres (Map/Parcel 120/013H), fronting on the south side of Pendergrass Road/SR 332 and fronting on the west side of Towne (4) Queen Frank as Trustee of The Queen Family Trust, property owner, from C-2 (General Commerca/Highway Oriented District) 4.14 acres (Map/Parcel 120/013G) between (5) Queen Frank as Trustee of The Queen Family Trust, property owner, from C-2 (General Commerca/Highway Oriented District) 1.86 acres (Map/Parcel 120/013M) fronting on  acres from the existing zoning shown below:  and  Center Parkway); and  Pendergrass Road (SR 332) and Towne Center Parkway; and  the southeast side of Towne Center Parkway. Proposed uses: 292 luxury apartments and a brew pub.  2. V-24-01 Variance: City of Hoschton, applicant, for Towne Center 53, LLC, Property Owner, seeks a variance to the Hoschton Zoning Ordinance, Article IV, "Zoning Districts," Section 4.11, "C-2, General Commercial Highway Oriented District," (Table 4.4, Dimensional Requirements for Non-Residential Zoning Districts," to waive or    reduce the required front building setback of the proposed Peachtree Road Extension right ofv way (east property line) from 15 feet to 51 feet or 01 feet for property (Map/Parcel 120/0131; 1.54 acre) fronting on the east side of SR5 53 and the south side of Towne Center Parkway) (C-2zoning). Proposed use: Commercial. 3. Ordinance 0-2024-02: An Ordinance Amending the Code of Ordinances of the City of Hoschton, Georgia, Chapter 3, "Administration,". Article VII, "Boards and Commissions" To Adopt a New Section 3-801, "Planning and Zoning Commission;" To Repeal Conflicting Ordinances; To Provide For Severability; To Provide an Effective Date; and for 4. Ordinance 0-2024-03: An Ordinance To Amend the Hoschton Subdivision and Land Development Ordinance, Article III, "General Provisions," Section 303, "City Council Authority" To Retitle Said Section and Assign Roles to The Hoschton Planning Commission; To Amend Article IV, "Preliminary Plat," Section 405, "Preliminary Plat Process Administration," To Repeal the Existing Process Flow Chart and To Adopt a New Process Flow Chart; To Adopt a New Section 408, "Planning Commission Review and Recommendation," To Amend Section 1204, Variances" To Establish a Role For The Planning Commission; To Amend Section 1207, "Amendment" to Establish a Role for the Planning Commission;" To Repeal Conflicting Ordinances; To Provide for Severability; To 5. Ordinance TA: 2024-01: An Ordinance To Amend the Hoschton Zoning Ordinance, Article ,"General," Section 1.04, "Purposes," Paragraph 51 to Assign Roles to the Hoschton Planning and Zoning Commission; To Amend Article VIII, "Zoning Amendments and Applications, , Section 8.01, "Procedures for Calling and Conducting Public Hearings," Section 8.02, "Text Amendments, Section 8.03, "Amendment to the Official Zoning Map," Section 8.04, Conditional Uses," and Section 8.05, "Variances" To Assign Roles For The Planning Commission; To Repeal Conflicting Ordinances; To Provide for Severability; To Provide an Effective Date; and for Other Purposes  Other Purposes  Provide an Effective Date; and For Other Purposes  ADJOURN    ITEM1:  Z-24-01 Rezoning  (formerly Z-23-13)    CITY OF HOSCHTON, GEORGIA ZONING ADMINISTRATORS  REPORT TO: FROM: DATE OF REPORT: SUBJECT REQUEST:  HOSCHTON  Honorable Mayor and City Council, City of Hoschton Jerry' Weitz, Consulting City Planner  March 5, 2024  Z-24-01: Rezoning from C-1 (Neighborhood Business District), C- 2 (General Commercialhighway, Oriented District), and R-1 (Single-Family Low Density Residential District to PUD (Planned  Unit Development District)  CITY COUNCIL HEARING: March 14, 2024 @ 6:00 p.m.  VOTING SESSION: ZONING HISTORY: APPLICANT: OWNER(S): PROPOSED USE: LOCATION:  March 19, 2024 @ 6:00 p.m.  Z-23-13 PUD (withdrawn prior to public hearing) Southeastern Property Developers, LLC  1909, LLC; Hilliard L. Lott; and Queen Frank as Trustee of The 292 luxury apartments (6 buildings, 77,520 square feet) and a Fronting approximately 150 feet on the east side of State Route 53, and fronting on the south side of Pendergrass Road (SR 332) between SR 53 and Towne Center Parkway, and fronting on the north and south sides of Towne Center Parkway 120/014A, 120/014, 120/013H, 120/013G and 120/013M  Queen Family Trust  restaurant brew pub (6,120 square feet)  PARCEL(S)#: ACREAGE: EXISTING LAND USE:  12.74  House and garage (vacant, previously used as a real estate  office); Vacantundeveloped  SURROUNDING LAND USE AND ZONING:  North:  Across Pendergrass Road (SR 332): Commercial, C-1 (Neighborhood Business District); Office, C-1; Single-family detached dwelling, C-2 (General Commercial/ Highway Oriented District); Single-family detached dwelling, OR (Office Residential District); Parklopen space, INST; Single-family detached dwelling, A (Agricultural District); Single-family detached dwelling, C-1 (Z-23-02); Highway  right of way, C-2  1    Z-24-01, PUD Southeastern Property Developers, LLC  East: South: West:  Across Town Center Parkway: Open space, MFR Conditional (Z-19-01 and Z-18- Vacant, C-2; Commercial Shopping Center, C-2; Commercialloffice, C-2; Open Across SR 53: Vacantundevelopes, C-2; East side of SR 53: Vacant and  07)  space, MFR Conditional (Z-19-01 and Z-18-07)  commercial, C-2  RECOMMENDATION:  Denial  420017  120.014 120013G Hoschton O0E,  120_01D  Tax Map/Aerial Photograph (1 of 5)  120-014 120019G  120 0180  120 0130 4200135  C01 083  Tax Map/Aerial Photograph: 2 of5 5  2    Z-24-01, PUD Southeastern Property Developers, LLC  120 017  120014 120 018G  DA 20 OB 420 420 0499 1200 003D  120, 013M 120H. 0S  20 013E  29A1 0S 033 cp1."08s BAA  120 013)5 120 0139  120 REC  120 013K  120 017C  120 OIOA  Tax Map/Aerial Photograph: 30 of5  120017  120.014 120 013G  OA 13B 04 120018D  120 013M, 1204 OST  9 O13E  Hoschton  101 033) 003 089 A  120 0131 20 01304  120H0 REC  120013K  12050176  20 O10A  Tax Map/Aerial Photograph: 4 of5  3    Z-24-01, PUD Southeastern Property Developers, LLC  120013G  420 013H FENDERGRASSRD  420 013M 120H OS  0133,  120 019B  013D 120 0131 120 0180  120H REC  120H0S4  120013R  120:017C  00  Tax Map/Aerial Photograph: 5of5  APPLICATION SUMMARY AND SITE PLAN REVIEW  Overview. The applicant seeks rezoning from C-1, C-2, and R-1 to PUD for a planned unit development including a 6,120-square foot restaurant (microbrewery), and 292 apartments. The site plan shows six apartment buildings (one withi first floor commercial space for al brew pub), with four stories each, for ai total of 77,520 square feet of residential space. Al letter ofi intent, development summary, community benefit statement, and dimensional requirements summary are attached to this staff report along with the proposed site plan for the property. Frontage and access. The subject property has frontage on SR5 53, SR: 332, and' both sides of Towne Center Parkway. The site plan shows one proposed curb cut onto SR 53 south of SR 332 and two proposed curb cuts on the south side of SR: 332 west of Oak Street, as well as one curb cut on the west side of Towne Center Parkway and one curb cut on the east side of Towne Center Parkway. All driveways proposed onto a state route will require approval by the Georgia Department ofTransportation. The two curb cuts proposed closest to the intersection of SR53 and SR 332 may be problematic, because they may not be separated sufficiently from the intersection (i.e., they are within approximately 1501 feet oft the intersection).  4    Z-24-01, PUD Southeastern Property Developers, LLC    SOVTHEASTERN, PROPERTY DEVELOPERS LLG SEORSI4  PREZIMNARY! PLAT SITEA PLAW  5    Z-24-01, PUD Southeastern Property Developers, LLC  Access (additional considerations): The site plan does not show existing access and utility easements that have been recorded on the final plat for Hoschton Towne Center. Specifically, 44-foot-wide access and utility easements are shown abutting the south property line and including part oft the west property line. Some oft the access easements may need to be mutually abandoned by the property owners, while others may need to be utilized to provide access. Similarly, until a utility plan for the subject PUD is provided, it is unclear whether the existing Topography and hydrology. There is a stream that runs through the site, splitting property on the south side of SR: 332 and also forming the southern boundary of the property east of Towne Center Parkway. The site plan shows buffers and impervious surface setbacks as required by code. Topography of the site ranges from a high of 905 feet to a low of about 855 feet, or an elevation difference of 501 feet. The low point is the stream on the east side of Towne Center Parking. Surface parking is shown on the site plan for 499 spaces. At 292 units proposed, plus 6,000 square feet of restaurant space, the minimum parking requirements for the project areas  utility access easements will need to be utilized.  Parkway. follows:  Restaurant, bar or tavern: 1 space per 125 square feet (48 spaces required) Apartments (1 or 2 bedroom): 1.5 per unit plus 0.1 per unit for guest space (292 units) Apartments (3 bedroom): 2 per unit plus 0.2 per unit for guest space (292 units) (642 The application does not specify the distribution of the 292 units by number of bedrooms. However, iti is clear that, even if all units are 1 and 2 bedroom, parking for the 499 units shown ont the site plan will not be sufficient to meet minimum code requirements for the apartments and the restaurant. To the extent that any of the units are proposed to be three bedrooms, there will definitely not be enough parking spaces to meet the city's requirements. Recreation and open space. The site plan shows a pool and cabana are proposed for the project. Open space is required to be at least 20% of the total site area. The site plan shows the project would greatly exceed the minimum open space requirement. Stormwater management. The site plan indicates that stormwater detention will be underground. However, the site plan also shows two bioretention basins and two enhanced swales, therefore reflecting an intent to utilize infiltration techniques at the ground surface for  (467 spaces required); or spaces required).  stormwater management.  STANDARDS GOVERNING EXERCISE OF ZONING POWER  Note: The City Council may adopt the findings and determinations of staff as written (provided below), or it may modify them. The council may cite one or more of these in its own determinations, as it determines appropriate. Council may modify the language provided here, as necessary, in articulating its own findings. Or, the council can reject these findings and make its own determinations and findings for one or more of the criteria provided below. Council does not need to address each and every criterion, but  only those that are relevant to support its own determination.  6    Z-24-01, PUD Southeastern Property Developers, LLC  Criteria Adopted in the Hoschton Zoning Ordinance (Section 8.03) are shown below followed by staff findings: (note: the applicant has provided responses to these criteria which are included at Whether the proposal will permit a use that is suitable in view of the use and  the end of this staff report):  development of adjacent and nearby property.  Finding: Density and building height are unsuitable in consulting planner's view. The density of the proposed apartment project is approximately 23 units per acre, and the proposed height is four stories. The density exceeds the allowance of any zoning districts established by the city zoning ordinance (12 units per acre is the maximum in the Multi-Family Residential (MFR) zoning district, although the PUD zoning district allows an applicant to propose any development standard it desires). The city council approved density of approximately 31 units per acre when it approved a PUD rezoning for G.P.'s Enterprises along Nancy Industrial Drive. There are no buildings currently with four stories in Hoschton, although the city council recently approved a PUD rezoning for G.P.'s Enterprises along Nancy Industrial Drive that includes building heights ofi four stories for apartments. The proposed density and height are considered by planning staff/ consulting planner to be unsuitable for Hoschton, especially in the subject  location where only one-story structures exist (see images below).  oodefavt  SR332atSR53  SR 332 at Towne Center Parkway  North Side Town Center Parkway  East Side of SR 53 South of SR 332  Ina addition, the site plan shows buildings will come upi to 20 feet to the right of way of Pendergrass Road (SR: 332), which is shown on surveys as a 60-foot right of way but shown on the site plan as a variable right of way. AI larger setback from Pendergrass Road is recommended, particularly since SR: 332 might need to be widened int the future (at least, near its intersection with SR 53), and sO as to provide better compatibility with existing lower intensity  7    Z-24-01, PUD Southeastern Property Developers, LLC  development along the other side oft the Pendergrass Road corridor. Also, some of the buildings have facades that are more than 300 feet long; that type of bulk and scale is also considered unfitting for the subject properties. The proposed PUD is considered unsuitable in view of Whether the proposal will adversely affect the existing use or usability of adjacent or Finding: Due to density, building height, and proposed apartment use, the project if constructed is likely to have adverse effects on existing low density residential, office, and commercial uses in the area. The introduction of residents in what is otherwise primarily a commercial area may mean that the residents will object to certain activities of commercial development such as Whether the property to be affected by the proposal has a reasonable economic use as Finding: Those parcels zoned C-1 and C-2 have reasonable economic uses as currently zoned. The parcel zoned R-1 may not have ar reasonable economic use, or at least it appears unlikely that (with frontage on a state route in a mostly nonresidential area) it will develop for one-acre lots as allowed by the R-1 zoning district. The R-1 zoning district does allow for uses other than one-acre lots, such as a church, which may be a reasonable economic use for that tract (does Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. Finding (generally): With 292 dwelling units, the residential component of the PUD would result Findings: (streets): At traffic impact study is not required and has not been submitted with the application. With an estimated trip generation of about 61 to 8 vehicle trips per day per unit, the residential portion of the project will generate an additional 1,750 to 2,335 vehicle trips per day (excludes the restaurant). With no new roads proposed, these vehicle trips will utilize the existing road network (SR 53, SR: 332, and Towne Center Parkway). There will therefore be some degradation of the level of service for such streets. Improvements to the state routes accessed would be required per the Georgia Department of Transportation. The city would require some improvement to both sides of Towne Center Parkway to accommodate the additional traffic. Iti is unclear whether the project traffic would be burdensome on the existing road network, absent at traffic study, but the addition of some 2,000 vehicle trips per day is likely Findings: (utilities): The subject request has not been factored into the city's expansion plans for water and sanitary sewer. Due to recent approvals of other large-scale planned unit developments, the city does not have sewer capacity available for the project (does not support request). The applicant was informed of this issue prior to filing the rezoning Finding (schools): The school impact policy in the Hoschton comprehensive plan reads as follows: "Evaluate impacts of residential development on the public school system. Where impacts are evident, seek a development agreement to provide school site(s) or otherwise  surrounding and nearby land uses (does not support request).  nearby property.  noise, lighting, traffic, etc. (does not support request).  currently zoned.  not meet criteria/ does not support request).  in an estimated new residential population of 730 persons.  to be a burden on the existing road network (inconclusive).  application.  8    Z-24-01, PUD Southeastern Property Developers, LLC  mitigate the impact of residential development ont the public school system." The Jackson County 2050 comprehensive plan has school student generation multipliers (year 2019) that are recommended for use in evaluating development proposals. For all grades, the data show that a residential development will generate 0.5291 public school students per household. Att that multiplier, the proposed PUD would generate more than 150 additional public school students. That is a functional equivalent of 7.5 classrooms at 20 students per classroom. The units within the proposed PUD are probably not going to generate public school students at this rate of 0.5291 students per household, however. Therefore, this is most likely an overstatement of the impact the proposed units would have on the county school system. Nonetheless, whatever impacts the PUD would have on the county school system are not mitigated by the proposal, and the county public school system is reportedly already overcrowded and expected to continue being overcrowded even considering current capital spending programs (does not Findings (other facilities): Hoschton has adopted impact fees for police and park and open space land. Also, in its comprehensive plan the city has adopted by reference certain county  support request).  level of service standards for public facilities and services.  Law enforcement: two officers per 1,000 population. The proposed development would create an additional population of an estimated 730 people and hence a demand for additional police officers. Those additional officers are also required to be equipped with vehicles and other equipment. While the proposed development upon construction will generate property taxes fort the city, the overall impact on the police department's operations will not bei fully mitigated (does not support request). Furthermore, prior research and opinion by the Hoschton police chief reveals that apartment complexes have disproportionate demands on law enforcement personnel when compared with Police capital facilities: A per residential unit impact fee (city) would be required and assessed for police capital facilities. Thus, that impact will be mitigated (supports Park and open space land. A per residential unit impact fee (city) would be required and assessed for park and open space land. In addition, the project is proposed to include a swimming pool and additional open spaces controlled by a homeowners association. Thus, the impact on park and open space land and recreational facilities is expected to be mostly if not entirely mitigated (supports request). Emergency medical services (EMS): Jackson County adopted an EMS impact fee in 2022. Although it does not apply in Hoschton, the level of service standard of 0.1926 square feet of EMS space per functional population is utilized here for purposes of assessing impacts. The residential only portion of the project will generate a need for approximately 140 square feet of EMS facility space. The EMS impact would not be Fire stations and rolling stock. Hoschton adopted a fire impact fee in 2020, but it was discontinued in 2023. The level of service standard for fire facilities adopted in the city's capital improvements element (now discontinued) was 0.87 square feet ofi fire and rescue building per functional population and 0.41 fire and rescue vehicle per 1,000  other residential land uses.  request).  mitigated with the subject proposal (does not support request).  9    Z-24-01, PUD Southeastern Property Developers, LLC  functional population. If rezoned and constructed, the project's impact on fire stations and rolling stock will not be mitigated (does not support request). Administrative space: 0.5 square feet per functional population. Estimated impact of the residential part of the PUD is approximately 350 square feet of administrative space. That impact will be only partially mitigated by payment of property taxes ift the project is Whether the proposal is in conformity with the policy and intent of the comprehensive plan including the character area map andlor future land use plan map. Finding: The city's future land use plan map shows the site as being suitable for commercial use. The requested PUD, with almost entirely multi-family residential uses, is inconsistent with that recommendation (does not support request), except fort the proposal to include a Finding (economic development): The comprehensive plan suggests that "the city may need to take more aggressive measures to preserve its nonresidential land supply and prevent conversion to residential that would impede future economic development (p. 7). That warning in the comprehensive plan, written initially in 2020, is even more applicable today. The proposed PUD would replace future commercial development with multi-family residential development (does not support request). The conversion of nonresidential zoning and vacant land to multi- family residential development would be inconsistent with the city's need to preserve sufficient land for nonresidential development (does not support request). In planning staff's opinion, this is a critical issue of some urgency, since the City Council rezoned 55 acres (for G.P.'s Enterprises) for mostly residential development that will take away planned nonresidential (light industrial land use) which is needed to balance the city's property tax base. Further erosion of the nonresidential property tax base will lead to an increased property tax burden on existing Finding (multi-family residential density): The comprehensive plan provides that the maximum density for multi-family residential is 12 units per acre (per the zoning ordinance). The PUD zoning district allows the applicant to propose different development standards and therefore there is no beginning density maximum for PUD projects. However, the proposed apartment density of some 21 units per net acre is inconsistent with this provision of the comprehensive Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or Finding: The city currently has very few apartments. However, hundreds have been approved in two other projects in the city. The significant apartment residential development already approved in the city, tends to give supporting grounds for disapproval of this request (does not  approved and constructed (does not support request).  restaurant brewery.  city residents.  plan (does not support request). disapproval of the proposal.  support request).  10    Z-24-01, PUD Southeastern Property Developers, LLC  Whether the proposal would create an isolated zoning district unrelated to adjacent and APUD: zoning if approved might be considered an isolated zoning district, because there is not al PUD zoning district adjacent to the proposal (does not support request). Also, any proposed zoning districts that are not fully supported by the comprehensive plan policies and future land use map can and are considered to bei isolated or "spot zoning" to the extent that they do not relate to abutting and adjacent zoning districts (does not support request). Whether the proposal would have an impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality. Finding: The project, if zoned and developed, would not be expected to have a detrimental impact on the environment (supports request), although it would result in extensive deforestation since most of the subject properties are heavily wooded.  nearby districts.  CONCLUSION  The proposed apartment residential land use is considered inappropriate at the proposed location. The proposed PUD is too intense for Hoschton with a net density of some 21 units per acre. If approved, it would be excessive in terms of density (units per acre) and height (four stories), would be constructed too close to SR5 53, and would be out of character with the city as av whole and the area specifically, which includes one-story structures surrounding it. Taking away land from nonresidential uses is inconsistent with the overall need for the city to preserve its existing commercial and industrially zoned land (i.e., its nonresidential property tax base). Conversion of more nonresidential land for more residential use is not in the long-term interests The city has not planned for the water and sanitary sewer capacity that would be needed for this development, if approved. Even if the city begins immediately to fullyi implement another phase of capacity expansion to 2 mgd at the city's treatment plant, it appears that iti is going to be some time (i.e., years)) before the city could serve the dwelling units proposed with sewer. Iti is not desirable for the cityt to plan and program treatment plant expansion too far in advance, particularly if there is any risk of economic recession or economic downturn. The city must protect itself against having to pay debt on facility expansion that might not be utilized right The impact on other public facilities, in addition to roads, is not fully mitigated. For all of these reasons, consulting planner recommends DENIAL. However, conditions of approval are specified ini the event the City Council elects to approve the subject request.  oft the city, in the consulting planner's opinion.  away, in the case of an extended economic recession or downturn.  11    Z-24-01, PUD Southeastern Property Developers, LLC RECOMMENDED CONDITIONS OF APPROVAL the applicant's agreement to abide by the following:  Ift this request for PUD: zoning is approved, it should be approved PUD conditional, subject to 1. Permitted uses and density. The PUD shall be limited to apartments, and office, institutional, and commercial uses, as well as accessory uses and structures normally incidental to such uses, and including open space and active recreation facilities, as more fully authorized and restricted in these conditions of zoning approval. a. There shall be no more than 144 dwelling units total in the PUD.  b. Commercial uses shall be limited to uses permitted in the C-2 zoning district oft the Hoschton zoning ordinance, and uses listed as conditional in the C-2 zoning district may be authorized as conditional uses following conditional use procedures of the Hoschton The following commercial uses are specifically prohibited: Adult establishment, automobile-oriented use (sales, service, repair), check cashing/ payday loan facility, gas station, dollar store, fireworks sales, funeral home, hookah/vapor bar or lounge, self- storage or mini-warehouse; smoke or vape shop, tattoo or body piercing parlor, and title  zoning ordinance.  loan facility.  2. Dimensional requirements and improvement standards generally.  a. The PUD shall be subject to the dimensional requirements specified by these conditions b. Where the PUD application or these conditions of zoning approval fail to articulate a given regulation, such as accessory building setbacks, maximum lot coverage, and the like, residential uses int the project shall be required to adhere to dimensional requirements of the MFR zoning district and general provisions of the Hoschton zoning Commercial uses shall be required to adhere to dimensional requirements for the C-2 d. The PUD shall be subject to the improvement requirements specified in the application, except as modified by these conditions of zoning approval. Where the PUD application or these conditions of zoning fail to articulate a given improvement standard, such as the depth of sidewalk concrete and the like, the project will be required to adhere to the Hoschton subdivision and land development regulations, unless a variance is applied for  ofz zoning approval.  ordinance, unless a variance is applied for and obtained.  zoning district.  and obtained.  3. Dimensional requirements - apartments.  a. Building height for apartments buildings shall not exceed three (3) stories or 501 feet. b. No more than 36 apartment units shall be included in any one building.  12    Z-24-01, PUD Southeastern Property Developers, LLC  Building setbacks for apartment buildings shall be 20 feet front, 101 feet side, and 201 foot rear; provided, however, that apartment buildings shall be setback a minimum of 401 feet d. Minimum separation between apartment buildings: 30 feet or 10 feet per story, e. Each apartment unit shall have an external balcony or (if on ground level) a patio. The minimum heated floor area for an apartment unit shall be 700 square feet, and the g. The owner/developer shall submit management plans and occupancyl maintenance rules and regulations for apartment tenants to follow, to the zoning administrator for review and approval by the City Council. There shall be a single entity established to manage the apartment units. There shall be an on-site apartment manager office with dedicated space within the PUD project boundary and with a 24-hour phone contact  from the right of way of Pendergrass Road (SR 332).  whichever is greater.  maximum heated floor area per unit shall be 1,400 square feet.  posted at the management office.  4. Right of way dedication and road improvements,  a. The owner/developer shall dedicate at no cost to the city or the Georgia Department of Transportation 101 feet of additional right of way along the entire property frontage along State Route 53, prior to issuance of a certificate of occupancy for any building in the b. The owner/developer shall install road improvements along SR 53 and SR 332 as may be required and as approved by the Georgia Department of Transportation. The owner/developer shall install road improvements along both sides of Towne Center Parkway from its intersection with SR 332 (Pendergrass Road) to include turn lanes (right in and left turn) for both driveways as approved by the public works director and zoning administrator. If additional right of wayi is required to install these improvements the owner/developer shall dedicate said right of way at no cost to the city. 5. - Architectural elevations and external building material finishes. The owner/developer shall submit for City Council's consideration and approval, prospective front, side and rear elevations of the apartment buildings, and commercialresidential mixed-use building, prior toi issuance of a building permit for any such building. Once approved, the elevation drawings shall be binding on builders and enforceable at the time of building permit 6. Recreational amenities. There shall be recreational amenities for the PUD provided by the owner/ developer to include, at minimum, a swimming pool with surface area commensurate 7. Gates. If gates to the development are provided, the gates shall be setback from the right of way of state highways and public streets a minimum distance determined safe and appropriate by a traffic engineer and as approved by the city's public works director.  Planned Unit Development.  issuance.  with the number of residential units served, and al bathroom.  13    Z-24-01, PUD Southeastern Property Developers, LLC  8. Residential development phasing; sewer capacity. The ownerldeveloper shall acknowledge as part of these conditions of approval that the PUD project is not vested with rights to connect to sanitary sewer until the connection fees are paid, and that no sanitary sewer capacity will be available until at least a sanitary sewer treatment plant expansion 9. No waiver of codes. Unless specified otherwise or in conflict with these conditions of approval, the PUD shall be governed by city ordinances in effect at the time of development, as may be amended, including but not limited to applicable portions oft the zoning ordinance, subdivision and land development ordinance, development impact fee ordinance, stream buffer ordinance, stormwater management ordinance, stormwater utility ordinance, flood damage prevention ordinance, sign ordinance, building and life safety codes, and adopted  providing for at total of 2.0 MGD facility is on line and operating.  water and sewer specifications and standard drawings.  14    Z-24-01, PUD Southeastern Property Developers, LLC  LETTER OF INTENT  This rezoning woulda allow for the construction of 292 units of luxury apartments anda a brew pub Consistent with the "Needs and Opportunities" section of thel Hoschton comprehensive plan we believe there tol bea aneed for' "... additional apartments in specified) locations...." There are a few apartments and zoning for additional apartments currently in Hoschton but nones so ideal as chis proposed site. Thec city wants toa attract young professionals who want tol livei inan new luxury apartment which is within easy walking distance tos shopping and dining. We alsol believe thata a quality restaurant in downtown Hoschton willl be very much embraced by the The proposed building fronting along Highway 53 would be the first tol house both commerical. and  restaurant: in downtown. Hoschton.  local community as well as future residential inhabitants.  residential properties. Respectfully Submitted, Gary W.Callicott, Managing Partner hp Southeaster: Properties, LLC  15    Z-24-01, PUD Southeastern Property Developers, LLC  Community Benefit Statement  Hoschton Commons which wel have named this planned development will serve as the centerpiece of downtown Hoschton. Hoschton Commons consists ofac class A6 6000: square feet restaurant facing Hwy 53a att the intersection of] Hwy 332 and 292 luxury apartments ina a total of six four story buildings. Located int the center oft the Hoschton business district and very closet to city hall ity willl become the scene that most people will picture when they think of Hoschton. Thej projects fours story height and Inl keeping with the recommendation: ass set forthi in the housing section of the "City of Hoschton Comprehensive Plan" which states "The city needs to ensure that an adequate supply of! housing willl be available inc order tor retain young professionals andi retiredi individuals for whom ownershipi is either not feasible or not desirable. Indeed, housing of all types of households should remain ani important goal oft the city..." this project provides av very important component oft that housing. And, we do not believe many current or future residents would not welcome a new dining ande entertainment choice in downtown Hoschton. Its should also bei noted that one oft the main recommendations bys state regional commissions. is that higher density housing should be placed near routes that have good accesst tor major There has been. much writteni ini recent years about" "live, work, play" communities and their desirability tot the residents buta also their benefit to the community. Young professionals today want tol live in modern low maintenance housing thata allows them not only to work from home but tol have easy access toane expressway when they must travel, tol have both on site and off site amenities thatt they can walk to, andt tol livei in ana area where they can become part oft the community ift they choose. Some oft these young professionals will choose toe eventually buy homes and raise families in the area becoming the futurel leaders of Hoschton andi int the meantime they wills support the local merchants, doctors, and dentist. Thisi isau unique position that Hoschton finds itself int thati is not shared by the vast majority of As shown on the sitep plant there is a very active stream flowing through the property which this project protects along withi its buffers allowing for continued water quality. The property would be greatly reduced in desirability for any type ofz zoning other thant the) PUD. Also, al large portion oft thej property backs up to the rear of an adjoining shopping center which makes the property less than desirable for Ins summery, wel believe that this mixed use project incorporating: a retail restaurant withl highe end luxury apartments which target young professionals is the best use for this property andt the most  urban design willr reflect the future direction oft the city.  roads which is the case witht this location.  small cities in Georgia.  most other uses.  beneficial use of the land for the future of Hoschton.  16    Z-24-01, PUD Southeastern Property Developers, LLC  Development Plan  This project will be developed in one phase. We anticipate thel length of time from thei issuance ofa land disturbance permit until the project is issued a certificate of occupancy to be approximately 24 months. While we would! like tol begin the project as soon as possible we understand that the City of Hoschton does not currently have adequate sewer capacity to serve Hoschton Commons and estimates range from three to five years as to the availability. We understand that we would need to work with  the City of Hoschton city engineer as to a start date.  17    Z-24-01, PUD Southeastern Property Developers, LLC  HOSCHTON, GEORGIA PROPOSED. PUDI DEVELOPMENT  PENDERGAS ROAD, LOTT AVENUE, &1 TOWNE CENTER PARKWAY  LANDUSES ANDI DEVELOPMENT SUMMARY  LANDUSES  AREA PERCENTAGE NUMBEROF TOTAL SQUARE FOOTAGE  (SF) OF TOTAL 77,520 92.68  UNITS 292  OFE BUIDING PER USE(SF) 6,120 77,520  MICRO-BREWERYPUB 6,120 7.32  APARTMENTS  IMPROVEMENT REQUIREMENTS COMPARISON  IMPROVEMENT STREETS RIGHTS-OF-WAY SIDEWALK STORM WATER RETENTION WATER QUALITY AND REQUIRED RUNOFF REDUCTION DENSITY (UNITS/ACRE)  PUD 22'WIDE, PRIVATE N/A ADJACENT TOE BUILDINGS REQUIRED  OTHERWISE 26' WIDE, PUBLIC 50' WIDE  4'WIDE, ALONGI PARKING AND 5'WIDE, BOTHSDESOFSTREET  REQUIRED REQUIRED ZONING DEPENDENT  22.92  18    Z-24-01, PUD Southeastern Property Developers, LLC  Rezoning Application, City ofH Hoschton, GA (continued)  ZONING DECISION CRITERIA  Per Section 8.03 of the Hoschton Zoning Ordinance, the following criteria are applicable to rezoning decisions The applicant is urged but not required to substantiate the rezoning request by responding to these criteria whir (a) Whether thej proposal will permit a use thati is suitable in view of the use and development of Response: YES, TR(S RROFOSAE W/LL PERMIT A SUITALE usE 70 NFARBY PRUPERTY WHICE /S IA'NE3 OF CIN/SE AETRRMATIVES AND LuKUY APARTAENI> IN KALKI6 DISTRAC To DDUNSTDWN  provide reasons for approving the application: adjacent and nearby property.  (b) Whether the proposal will adversely affect the existing use or usability of adjacent or nearby Response: 7HIS ROPSSAL 7/LL ENHAPGE THE As WELL AS NEEDER Hous/NG Fo7 ben6 PRSESSINBL  property.  PRpVIPIsE RETERIATIEL  45AI3LI7Y o MFRRIY PROERTY  GuPLITY DINING Ar  72  (c) Whether the property tol be affected by the proposal has a reasonable economic use as currently Response: THE CHRRENT ZONING 15 MaT PRoviDISG MEGH EGONOKC ESE. 7E PRoPasep ZONING 7/4L GRERTEY RRVIDE Cus7o35 7o. SORT LrcnL BIS/NESSES  zoned.  EPMANCE THE FAX BASE ANS wSILL  (d) Whether the proposal will resulti in a use which will or could cause an excessive or burdensome  use of existing streets, transportation facilities, utilities, or schools. Response: THIS FROPOSAL WILL AOT GRLSE A BARPENSOAE IMPAST ON LOAL NFRAS7RHETWRE,  19    Z-24-01, PUD Southeastern Property Developers, LLC Rezoning Application, City ofHoschton, GA (continued)  (e) Whether the proposal is in conformity with thej policy and intent of the comprehensive including the character area map and/or future land use plan map.  Response:  7HS ROPOSAL DiGS CONFFORM KIITH THE COMPRENENS/VE PLAN TNAT WAS RALENTLY  PBA7ED.  (f) Whether there are other existing or changing conditions affecting the use and developn property which give supporting grounds for either approval or disapproval of the prop Response: younG RASS/PARLS TDDAy JANT 72 LIVE PRGRE THEY CRAJ WRLK 70 PIN/ Ar SHOPNNG. THIS SITE OKLD BE 7E ONLY ONE / HOSCHTAS TD PRDVIJDE THAT.  (g) Whether the proposal would create an isolated zoning district unrelated to adjacent and Response: THCE PROPOSAL wiz AoT" CREAIE ArJ  districts.  /SOZATED ZUNIG DISTRICT  (h) Whether the proposal would have an impact on the environment, including but not limite drainage, soil erosion and sedimentation, flooding, air quality and water quality. Response: WHILE Rek peELOPE/MCNT HIAS sope MPACI OAS TAE VIROPMEPT 77E DENEZOP63 W/LL TARE  ALL PRECAWT/DAS SSIBLE AND 4OGAZ RKLs leikL BE  IMS4RE ALL SIR7  PSE  20    Z-24-01, PUD Southeastern Property Developers, LLC  E EL E E ED E  II - I  u  LANGLEY ARCHITECTS, LLC  IDT  Representative Architecture  21    CITY OF HOSCHTON STATE OF GEORGIA  ORDINANCE NO. Z-24-01  AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF WHEREAS, Southeastern Property Developers, LLC, applicant, 1909, LLC; Hilliard L. Lott; and Queen Frank as Trustee ofThe Queen Family Trust, property owners, have filed a complete application to rezone from C-1, Neighborhood Business District, C-2, General Commercial/ Highway Oriented District, and R-1, Single-family Low Density Residential District to PUD, Planned Unit Development District, property fronting on1 the east side of State Route 53, the south side of Pendergrass Road (SR 332) between SR 53 and Towne Center Parkway, and the north and south sides ofTowne Center Parkway (12.74 acres; Map/Parcels 120/014A, 120/014, WHEREAS, the Property to be rezoned consists ofall that tract or parcel of land lying and being in. Jackson County Georgia, as described in more detail in Exhibit A which by reference is WHEREAS, the City Council ofthe City ofH Hoschton has authority pursuant to the Hoschton Zoning Ordinance to amend the City ofHoschton's Official Zoning Map; and WHEREAS, the city's zoning administrator has prepared a report evaluating the criteria for WHEREAS, the Hoschton City Council held an advertised public hearing on the application and has complied with all applicable laws and ordinances with respect to the processing of such WHEREAS, it has been determined by the City Council that it is desirable, necessary and within the public's interest to approve the rezoning request, and to amend the City ofHoschton's NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE GOVERNING AUTHORITY OF THE CITY OF HOSCHTON AS FOLLOWS:  HOSCHTON AND FOR OTHER PURPOSES  120/013H, 120/013G and 120/013M); and  incorporated herein; and  zoning decisions as they pertain to the requested zoning; and  application; and  Official Zoning Map accordingly;  Section 1. The Property, legally described in Exhibit A attached to this ordinance, is hereby rezoned from C-1, Neighborhood Business District, C-2, General Commercial/ Highway Oriented District, and R-1, Single-family Low Density Residential District to PUD, Planned Unit Development District, Conditional, subject to conditions described in Exhibit B attached to this Section 2. The City Clerk is hereby directed to amend the Official Zoning Map to reflect the  ordinance.  zoning classification of the subject property.    Ordinance Z-24-01  So ORDAINED this day of  2024.  Debbie Martin, Mayor  This is to certify that Ia am City Clerk of the City of] Hoschton. As such, Ikeep its official records, including its minutes. In that capacity, my signature below certifies this ordinance was adopted  as stated and will be recorded in the official minutes.  ATTEST:  Jennifer Kidd-Harrison, City Clerk  Approved as to Form:  Abbott S. Hayes, Jr., City Attorney  2    Ordinance Z-24-01  EXHIBIT A  LEGAL DESCRIPTION OF PROPERTY REZONED  All that tract or parcel ofl land lying and being in. Jackson County, Georgia, constituting a total of 12.74 acres, and being known as Map/Parcels 120/014A, 120/014, 120/013H, 120/013G and 120/013M, records of the Jackson County Tax Assessor, as shown on the following tax maps  made aj part oft this Exhibit A.  0,16  12001  120.014 420013G Hoschton  OUSE,  120008D  013K  Tax Map/Aerial Photograph (1of5)  20,017  120014 1201013G 00E  12000D  120 0131 1200155  C03 039  Tax Map/Aerial Photograph: 2 of5  3    Ordinance. Z-24-01  120 017  120 014 120 013G  29 DBI 20 O9B 420 420. OAC 034 120018D 032 T29A 01 HOT 039 coj-"080  420, 013M 120H. OS  120. O1E  420 013) 120 0130  120H REG  120 013K.  BAA  120 0176  120 O00A  Tax Map/Aerial Photograph: 3 of5  420 017  120 014 120013G  O1BN 20 03 420 20 C 120 018D  120 013M 1201 0S1  O13E,  Hoschton  032 100 033 Cp1089 AA  120 0131 120 01804  120H REC  120013K  120.0176  4120 O10A  Tax Map/Aerial Photograph: 4 of5  4    Ordinance Z-24-01  420013G  420 013H BENDERGRASSEE  120 013M, 120N 0S1  013B,  120 019B  018D 120 013) 120 0139  su REG  120HOS0  120 013K  1205017C  C00 24  Tax Map/Aerial Photograph: 50 of5  Also, as described by metes and bounds for Tract one (10.88 acres) and Tract two (1.86 acres) as  follows:  5    Ordinance Z-24-01  LEGAL DESCRIPTION PUDI REZONING HOSCHTON,GA Tract One  All thatt tract orp parcei of land lying and being in GMD 1407, Jackson County, Georgia Beginning at a point at the intersection oft the eastern right-of-way of Georgia State Route 53, aka Lott Avenue, and the southern right-of-way of Georgia State Route 332, aka Pendergas Road, and running thence northeasterly along the southern right-of-way of Georgia State Route 332 a distance of 1155.8 851 feet to a point; running thence along the right-of-way of State Route 332 on a bearing of S 70°20'04" Wa distance of 20.53 feet to a point; running thence along the right-of-way of Georgia State Route on a bearing of S 63003'06" Eac distance of 342.3 38 feett to ap point; running thence along the right-of-way of Georgia State Route 332 an arc distance 119.74 feet, said arc being defined by a chord having a bearing of S 66'04'36" E and a distance of119.67 feet, toa point att thei intersection of the southern right-of-way of Georgia State Route 332 and the western right-of-way of Towne Center Parkway; running thence along the right-of-way of Towne Center Parkway on a bearing of S 18'26'26" Wa distance of 140.381 feet to a Point; running thence along the right-of-way of Towne Center Parkway an arc distance of 162.061 feet, said arc being defined by a chord having al bearing of S: 35040'25" Wand a distance of 159.62 feet to a point at the intersection of the right-of-way of Towne Center Parkway and a creek; running thence along the centerline oft the creek on a bearing of N 53042'31" Wa distance of 46.91 feet to ap point; running thence along the centerline of the creek on a bearing of N 20'51'22" Wa distance of 28.48f feet to a point; running thence along the centerline of the creek on al bearing of N 46048'28" Wa distance of 24.541 feett to a point; running thence along the centerline oft the creek on a bearing ofN 53047'12" W a distance of3 37.91 feet to ap point; running thence along the centerline oft the creek on a bearing of N 76038'31" Wa distance of 20,201 feeti to aj point; running thence along the centerline oft the creek on a bearing of N 60040'21"Wa distance of 29.6 681 feet to aj point; running thence along the centerline of the creek ona a bearing ofN N 68051'25" W a distance of6 63.651 feett to a point; running thence along the centerline oft the creek on al bearing of N 32024'22" Wa distance of 33.51 feet to a point; running thence along the centerline of the creek on a bearing of N 3702811"Wa distance of 52.701 feet to a point; running thence on a bearing of S6 68014'17"1 Wa distance of 626. 20 feet to a point; running thence on a bearing of S 70042'00" W and a distance of 336. .87 feet to aj point; running thence on al bearing of S 2095342"Ea distance of 89.231 feet to ap point; running thence on a bearing of S 68°3217"Wa distance of 19.001 feet to a point on the eastern right-of-way of Georgia State Route 53, aka Lott Avenue; running thence along the eastern right-of-way of Georgia State Route 53 on at bearing of N 22°34'03" Wac distance of 272.76 feet to the Point of Beginning.  and beingr more particularly described as follows:  This tract containing 10.88 acres +-.  6    Ordinance Z-24-01  Tract Two  All that tract or parcel of land lying and being in GMD 1407, Jackson County, Georgia Beginning at a point ati the intersection oft thes southern right-of-way of Georgia State Route 332, aka Pendergas Road, and the easter right-of-way of Towne Center Parkway and running thence on al bearing of S: 26009'37" Ea distance of 285.94 feet to a point at the centerline of a creek; running thence along the centerline oft the creek on a bearing of S8 88°29'57" Wa distance of 29.291 feet to ap point; running thence along the centerline oft the creek on a bearing of S57027'48" Wa distance of 18.751 feett to ap point; running thence along the centerline oft the creek on a bearing of N 74011'59" Wa distance of 16.721 feet to a point; running thence along the centerline oft the creek on a bearing ofs 07°25'30" Wa distance of 15.45 feet to a point; running thence along the centerline of the creek on al bearing of S 70001'33" Wa distance of 19.061 feet to a point; running thence along the centerline oft the creek on a bearing of N 60050'18" Wa distance of 30. 68 feet to a point; running thence along the centerline of the creek on a bearing of N 78058'22" Wac distance of 27.72 feet to ap point; running thence along the centerline of the creek on a bearing of N 78°04'04" Wa distance of 22.50 feet to a point; running thence along the centerline oft the creek on a bearing of S 37°44'18" Wa distance of 19.491 feet to a point; running thence along the centerline of the creek on al bearing of N 67020'30" Wa distance of 29.461 feet to a point; running thence along the centerline of the creek on a bearing of S 89050'02" Wa a distance of 29. 331 feet to a point; running thence along the centerline of the creek on a bearing of S 09907'46" E a distance of 12.53 feet to a point; running thence along the centerline of the creek on a bearing of S 51016'54" Wa a distance of 23.77 feet to ap point; running thence along the centerline of the creek on a bearing of N 73024'46" Wa distance of 45.28 feet to a point; running thence along the centerline of the creek on al bearing of S 56030'46" Wa distance of 15.941 feet to a point; running thence along the centerline oft the creek on al bearing ofs 65°57'41" Wa distance of 21.12 feett to a point; running thence along the centerline of the creek on a bearing of N 4112'42" Wa distance of 12.95 feett to a point; running thence along the centerline of the creek on al bearing of N7 72051'25" Wa distance of 84.241 feet to a point; running thence along the centerline oft the creek on al bearing of N 57051/41"Wa distance of 57.481 feet to ap point on the eastern right-of-way of Towne Center Parkway; running thence along the right-of-way of Towne Center Parkway an arc distance of 80.071 feet, said arc being defined by a chord having al bearing of N 42953'08" E and a distance of 79.881 feet to a point; running thence along ther right-of- way of Towne Center Parkway an arc distance of 340.58 feet, said arc being defined by a chord having al bearing of N 56028'06" E and a distance of 333.32 feet to the point 09  and being more particularly described as follows:  Beginning.  This tract containing 1.86 acres +!-,  7    Ordinance Z-24-01  EXHIBIT B  CONDITIONS OF ZONING APPROVAL  1. Permitted uses and density. The PUD shall be limited to apartments, and office, institutional, and commercial uses, as well as accessory uses and structures normally incidental to such uses, and including open space and active recreation facilities, as more fully authorized and restricted in these conditions of zoning approval. a. There shall be no more than 144 dwelling units total in the PUD.  b. Commercial uses shall be limited to uses permitted in the C-2 zoning district of the Hoschton zoning ordinance, and uses listed as conditional ini the C-2 zoning district may be authorized as conditional uses following conditional use procedures oft the Hoschton The following commercial uses are specifically prohibited: Adult establishment, automobile-oriented use (sales, service, repair), check cashing/ payday loan facility, gas station, dollar store, fireworks sales, funeral home, hookah/vapor bar or lounge, self- storage or mini-warehouse; smoke or vape shop, tattoo or body piercing parlor, and title  zoning ordinance.  loan facility.  2. Dimensional requirements and improvement standards generally.  a. The PUD shall be subject to the dimensional requirements specified by these conditions b. Where the PUD application or these conditions of zoning approval fail to articulate a given regulation, such as accessory building setbacks, maximum lot coverage, and the like, residential uses in the project shall be required to adhere to dimensional requirements oft the MFR zoning district and general provisions of the Hoschton zoning Commercial uses shall be required to adhere to dimensional requirements for the C-2 d. The PUD shall be subject to the improvement requirements specified in the application, except as modified by these conditions of zoning approval. Where the PUD application or these conditions ofz zoning fail to articulate a given improvement standard, such as the depth of sidewalk concrete and the like, the project will be required to adhere to the Hoschton subdivision and land development regulations, unless a variance is applied for  ofzoning approval.  ordinance, unless a variance is applied for and obtained.  zoning district.  and obtained.  3. Dimensional requirements - apartments.  a. Building height for apartments buildings shall not exceed three (3) stories or 50 feet.  8    Ordinance Z-24-01  b. Noi more than 36 apartment units shall be included in any one building.  C. Building setbacks for apartment buildings shall be 20: feet front, 10 feet side, and 20 foot rear; provided, however, that apartment buildings shall be setback a minimum of 40 feet d. Minimum separation between apartment buildings: 30 feet or 10 feet per story, whichever e. Each apartment unit shall have an external balcony or (if on ground level) aj patio. f. The minimum heated floor area for an apartment unit shall be 700 square feet, and the The owner/developer shall submit management plans and occupancy/ maintenance rules and regulations for apartment tenants to follow, to the zoning administrator for review and approval by the City Council. There shall be a single entity established to manage the apartment units. There shall be an on-site apartment manager office with dedicated space within the PUD project boundary and with a 24-hour phone contact posted at the  from the right ofway of Pendergrass Road (SR332).  isg greater.  maximum heated floor area per unit shall be 1,400 square feet.  management office.  4. Rightofway dedication and road improvements.  a. The owner/developer shall dedicate at no cost to the city or the Georgia Department of Transportation 10 feet of additional right of way along the entire property frontage along State Route 53, prior toi issuance of a certificate ofoccupancy for any building in the b. The owner/developer shall install road improvements along SR: 53 and SR 332 as may be required and as approved by the Georgia Department of Transportation. The owner/developer shall install road improvements along both sides ofTowne Center Parkway from its intersection with SR 332 (Pendergrass Road) to include turn lanes (right in and left turn) for both driveways as approved by the public works director and zoning administrator. Ifadditional right ofv way is required to install these improvements the owner/developer shall dedicate said right of way at no cost to the city.  Planned Unit Development.  5. Architectural elevations and external building material finishes. The owner/developer shall submit for City Council's consideration and approval, prospective front, side and rear elevations oft the apartment buildings, and commercialresidential mixed-use building, prior toi issuance ofal building permit for any such building. Once approved, the elevation drawings shall be binding on builders and enforceable at the time of building permit  issuance.  9    Ordinance: Z-24-01  6. - Recreational amenities. There shall be recreational amenities for the PUD provided by the owner/ developer to include, at minimum, a swimming pool with surface area commensurate 7. Gates. If gates tot the development are provided, the gates shall be setback from the right of way of state highways and public streets a minimum distance determined safe and appropriate by at traffic engineer and as approved by the city's public works director. 8. Residential development phasing; sewer capacity. The owner/developer shall acknowledge as part ofthese conditions of approval that the PUD project is not vested with rights to connect to sanitary sewer until the connection fees are paid, and that no sanitary sewer capacity will be available until at least a sanitary sewer treatment plant expansion 9. No waiver of codes. Unless specified otherwise ori in conflict with these conditions of approval, the PUD shall be governed by city ordinances in effect at the time of development, as may be amended, including but not limited to applicable portions of the zoning ordinance, subdivision and land development ordinance, development impact fee ordinance, stream buffer ordinance, stormwater management ordinance, stormwater utility ordinance, flood damage prevention ordinance, sign ordinance, building and life safety codes, and adopted  with the number ofr residential units served, and a bathroom.  providing for at total of2.0 MGD facility is on line and operating.  water and sewer specifications and standard drawings.  10    ITEM2:  V-24-01 Variance    CITY OF HOSCHTON, GEORGIA ZONING ADMINISTRATORS  REPORT  H HOSCHTON  TO: FROM: DATE OF REPORT: SUBJECT REQUEST:  Mayor and City Council, City of Hoschton Jerry Weitz, Consulting City Planner  February 28, 2024  V-24-01 Variance to the Hoschton zoning ordinance, Article IV, "Zoning Districts," Section 4.11, "C-2, General Commercial Highway Oriented District," (Table 4.4, Dimensional Requirements for Non-Residential Zoning Districts,' to reduce the required front building setback of Peachtree Road Extension right ofv way (east property line) from 15 feet to 5 feet C-2, General CommercialHighway Oriented District  EXISTING ZONING: VOTING SESSION: APPLICANT: OWNER(S): PROPOSED USE: LOCATION:  CITY COUNCIL HEARING: March 14, 2024 @ 6:00 p.m.  March 19, 2024 @ 6:00 p.m. City of Hoschton, for property owner Town Center 53, LLC Commercial (to be determined)  Fronting approximately 200 feet on the east side of State Route 53 and 280 feet on the south side of Towne Center Parkway (SE  Corner) 120/0131 1.545  PARCEL(S): #: ACREAGE: North: East: South: West:  SURROUNDING LAND USE AND ZONING:  Vacant, C-2 (General Commercial Highway Oriented District)  (across Towne Center Parkway) Vacant, C-2 Vacant, C-2 Conditional Church, C-2 (across SR 53)  RECOMMENDATION:  Approval    Hoschton. Zoning Administrator's Report, V-24-01  HON 028B 029 DOV 030 Lou  HO 101 032 0294 Hoy 033 HOI HO1 035  09B 420 OC A20  120 013G  120 0138  KNA  120  OUSD  NN  120 0131  C01080  120 013K  CIO0 0S4A  120 0130  29  26  120 010A  0100 024  000 024B  120 010B  Tax Mapl Aerial Photograph  2    Hoschton Zoning Administrator's Report, V-24-01  ()  143,722 S.F. 3.299 ACRES  49,064 S.F. 1.126 ACRES  E  6  ALONG 0 LANDSCAPE HWY. 53 STRIP 78,068 S.F. 1.792 ACRES  TOMNE 1508  -  RING 36'E 6'43E 18'43"E 304E 5446E 1025"E ARING 20476  2122'53 (TE UNE) 12,  10' ALONG LANDSCAPE HWY. 53 STRP 67,321 S.F. 1.545 ACRES   ( 382,6 8.771  E  01 450SFL  Recorded Plat Excerpt of Subject Property (Lot9 9)  (there is a 44' wide access and utility easement along the east side, 22' wide on property)  3    Hoschton Zoning Administrator's Report, V-24-01  120013K  40  IZo o/70  HOI 024B  I20030  SRS3  50' road RW 20' path RW North Not tos scale  OFFICIAL CORRIDOR MAP City of Hoschton, Georgia Comprehensive Plan  Jerry Weitz &A Associates, Inc. Planning & Development Consultants  4    Hoschton. Zoning Administrator's Report, V-24-01 SUMMARY OF THE REQUEST  This request originates with the planning staff based on discussions with the group (Southeastern) working on the Kroger commercial development assemblage. The group is moving ahead with plans to eventually build and dedicate a new road and right of way referred to as the "Peachtree Road Extension."* The Council has already established policy to acquire this road right of way via conditions of zoning and conditional use approval for the Kroger project and also by adopting via Resolution 23-14 the Peachtree Road Extension as part of the The group (Southeastern) controls all of the land needed to dedicate the full right of way to the city, with the exception of% oft the right of way (the western portion) at the proposed road's intersection with Towne Center Parkway (shown as a solid blue line on the attached graphic). There is currently a 44-foot-wide access easement, 22 feet of which is off-site and owned by Towne Center 53, LLC. Southeastern has been in contact with Towne Center 53, LLC in an effort to get that owner to voluntarily dedicate the small remainder of right of way needed to Southeastern communicated to staff previously that Town Center 53, LLC's major concern with dedicating the requested right of way (25 feet from the current property line) is that doing so would create a building setback of 151 feet from the new right of way line, and that any such additional setback may make it more difficult to place a building on the site. Accordingly, planning staff suggested that this concern could be alleviated if a variance was granted to reduce the building setback abutting the east property line (or the right of way oft the proposed Peachtree Road extension) from 151 feet to 51 feet. Approval of such a variance is expected to be  city's official corridor map (attached is a map excerpt).  make the Peachtree Road extension a public street/ right of way.  sufficient to get the owner to agree to dedicate the right of way.  ANALYSIS OF VARIANCE CRITERIA  Criteria for variance decisions are specified in Sec. 8.05 of the Hoschton zoning ordinance. One or more of the following criteria may be considered applicable or potentially applicable to decisions on variances. Staff findings regarding these criteria follow. (the applicant has addressed these criteria and those responses are attached to this staff report). Note: The City Council may adopt the findings and determinations of staff as written (provided below), ori it may modify them. The council may cite one or more of these in their own determinations as they determine appropriate. They may modify the language provided here, as necessary, in articulating their own findings. Or, the council can reject these findings and make their own determinations and findings for one or more of the criteria provided below. They do not need to address each and every criterion, but only  those that are relevant to support its own determination.  There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same Finding: The subject property is unique in that the city desires to have right of way from the subject property dedicated for purposes of the Peachtree Road extension. If property is dedicated by the owner for right of way as proposed, it has an impact on the subject property, and such impacts are not applicable to other lands in the same district. Specifically, the setback  district.  5    Hoschton Zoning Administrator's Report, V-24-01  required without the dedication of right of way would be 15 feet from the property line which is the centerline of the 44-foot wide access and utility easement. Of course, the building would not be able to be set inside the easement, so the effective building setback from the property line would be 22 feet. With the proposed dedication of right of way (25 feet from the centerline), without a variance the building setback would be required to be 40 feet from the original property line (centerline of easement). The literal application of the required C-2 zoning's front building setback would constitute a hardship on the development oft the site, because it would require more building setback (18 feet) just because of the proposal to dedicate right of way. A reduction of the building setback to just 51 feet from the new right ofway line, via this variance request (30 feet from the current property line) will relieve the applicant of this problem that would be created by the right of way dedication (meets eriterion/supports request). A literal interpretation of the provisions of this ordinance would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the  property is located. Finding: Not applicable.  Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the  applicant's property is located. Finding: Not applicable.  The requested variance will be in harmony with the purpose and intent of this ordinance Finding: The building setback variance if approved will be in harmony with the overall purpose and intent of this zoning ordinance and will not be injurious to the neighborhood or toi the The special circumstances are not the result of the actions of the applicant.  and will not be injurious to the neighborhood or to the general welfare.  general welfare (meets eriterion/supports request).  Finding: The need for a variance to reduce the building setback abutting the east property line is due entirely tot the city's request that the applicant dedicate right of way for the Peachtree Road extension, which will convert the 44-foot-wide access and utility easement to a 50 foot wide right ofv way. Therefore, these special circumstance are clearly not the result of the actions oft the The variance requested is the minimum variance that will make possible the proposed use of the land, building, or structure in the zoning district in which the development is Finding: There is no site plan associated with this request, because the property owner does not at this time propose any development. However, the reduction of required setback from 15 feet to 5 is considered the minimum variance needed to provide relief to the property owner in exchange for dedicating right of way (25 feet from the current property line, 221 feet of which is a dedicated access and utility easement) for the Peachtree Road extension.  applicant (meets criterion/supports request).  located.  6    Hoschton Zoning Administrator's Report, V-24-01  CONCLUSION  The city's request for right of way dedication for the Peachtree Road extension is the cause of the need for this variance. More than one oft the criteria are met for the granting of a variance. Therefore, staff recommends approval. Because the variance is being granted in order to facilitate the applicant's dedication of right of way, the dedication of right of way is a  recommended condition of approval. CONDITION OF APPROVAL  The variance should be subject tot the following condition:  1. The variance granted shall apply only to the east property line, and this variance shall be null and void unless the property owner dedicates 25 feet of property from the current east property line ini fee simple title to the City of Hoschton to provide right of way (25 feet from the current property line) for the Peachtree Road extension.  7    Hoschton Zoning Administrator's Report, V-24-01  14  Recorded Plat (Full Image)  8    CITY OF HOSCHTON STATE OF GEORGIA  RESOLUTION NO. V-24-01  ARESOLUTION APPROVING A VARIANCE TOTHE HOSCHTON ZONING ORDINANCE FOR CERTAIN PROPERTY AND FOR OTHER PURPOSES  WHEREAS, The Hoschton Council previously voted toi initiate variance application V-24-01; WHEREAS, The City of Hoschton, applicant, has initiated ai request on behalfofTown Center 53,LLC, property owner, for a variance from the requirements oft the Hoschton zoning ordinance, Article IV, "Zoning Districts," Section 4.11, "C-2, General Commercial Highway Oriented District," (Table 4.4, "Dimensional Requirements for Non-Residential Zoning Districts") to reduce the required front building setback from the future east property line (after dedication of right of way for Peachtree Road Extension) from 15 feet to 5 feet, for property (Map/Parcel 120/0 013I)(1.45 acre) fronting approximately 200 feet on the east side of State WHEREAS, the property consists of all that tract or parcel of land lying and being in Jackson County Georgia, as described in more detail in Exhibit A which by reference is incorporated WHEREAS, the City Council of the City ofl Hoschton has authority pursuant to the Hoschton WHEREAS, the city planner has prepared ai report evaluating the criteria for variance decisions WHEREAS, the Hoschton City Council held an advertised public hearing on the application and have complied with all applicable laws and ordinances with respect to the processing of such WHEREAS, the City Council finds that the application meets one or more criteria for the NOW,THEREFORE, ITI IS HEREBY RESOLVED BY THE HOSCHTON CITY  and  Route 53 and 280 feet on the south side ofTowne Center Parkway; and  herein; and  Zoning Ordinance to upon application grant variances; and as they pertain to the requested variance; and  application; and granting ofa variance; COUNCIL AS FOLLOWS:  Section 1. A variance is hereby granted to the Hoschton Zoning Ordinance," Section 4.11, "C-2, General Commercial Highway Oriented District," (Table 4.4, "Dimensional Requirements for Non-Residential Zoning Districts)," to reduce the required front building setback from the future east property line (after dedication of right of way for Peachtree Road Extension) from 15 feet to  1    Resolution V-24-01  5 feet, for property for property described inl Exhibit A, attached to this resolution, subject to the  condition of approval specified in Exhibit B, attached to this resolution.,  So RESOLVED, this the 19th Day of March, 2024.  Debbie Martin, Mayor  This is to certify that I am City Clerk of the City ofHoschton. As such, Ik keep its official records, including its minutes. In that capacity, my signature below certifies this resolution  was adopted as stated and will be recorded in Attest: Jennifer Harrison, City Clerk  the official minutes. Approved as to Form:  Abbott S. Hayes, Jr., City Attorney  2    Resolution V-24-01  EXHIBITA  LEGAL DESCRIPTION OF PROPERTY REZONED  1.545 acre fronting on the south side ofTowne Center Parkway and the east side of State Route  53, known as Map/Parcel 120/ 0131, shown on the tax map below:  WOI 028B 029 DDA 030 Hou HO1 HO1 035  OIRB 420 OG 420  120 013G  120. 018E  030 032 029A Hoy 033 HOI  MTAR  120 013D  020 0131  0101-"089  120 013K  CI00O OSA  120 013J  120 010A  0O1 024  000 024B  120 010B  Tax Map/Aerial Photograph  3    Resolution V-24-01  Said property also legally described as lot 9 oft the Final Plat for Hoschton Towne Center, recorded in Plat Book 62, Page 262, records of the Clerk of Superior Court of. Jackson County,  Georgia, a copy of which is attached to this Exhibit. A.    Recorded Plat  4    Resolution V-24-01  EXHIBIT. B  CONDITION OF VARIANCE APPROVAL  1. The variance granted shall apply only to the east property line, and this variance shall be null and void unless the property owner dedicates 25 feet of property from the current east property line in fee simple title to the City ofHoschton toj provide right ofway (25 feet from the current property line) for the Peachtree Road extension.  5    ITEM3:  Ordinance 0-2024-02    CITY OF HOSCHTON STATE OF GEORGIA  ORDINANCE 0-2024-02  AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HOSCHTON, GEORGIA, CHAPTER3, ADMINISIRATON, ARTICLE VIII, "BOARDS AND COMMISSIONS" TO ADOPT A NEW SECTION 3-801, "PLANNING AND ZONING COMMISSION"; TO REPEAL CONFLICTING ORDINANCES; TO: PROVIDE FOR SEVERABILITY; TOI PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES WHEREAS, The City ofHoschton desires to establish a. Planning and Zoning Commission and  provide fori its composition, membership, functions, and meetings; and Now, therefore, Council oft the City ofHoschton hereby ordains as follows:  Section 1.  The Code ofOrdinances oft the City ofHoschton, Georgia, Chapter 3, "Administration," Article VIII, "Boards and Commissions," is amended to add a new Section 3-801, "Planning and Zoning  Commission" as follows:  "Section 3-801 Planning and Zoning Commission  1.Establishment. The Mayor and City Council recognize that City business is best conducted by reliance on citizen involvement through the use of advisory committees. Accordingly, a Planning and Zoning Commission for the City of Hoschton is hereby 2. Appointment and Qualifications. Members ofthe Planning and Zoning Commission shall be appointed by City Council and shall serve at the pleasure of the City Council. The Commission shall be comprised of seven (7) members. All members of the Commission 3.Term. The term of office for members oft the commission shall be three years, and the Council may appoint all members for three-year terms to run concurrently: provided, however, that if the Council desires to stagger the terms of members, then for initial appointments it shall appoint two members to one-year terms, two members to two-year 4. Removal. The City Council may remove any member by majority vote at a regularly 5.Vacancies. Prior to the expiration of a term, the City Clerk shall announce the vacancy and shall state that the city is seeking applicants and shall set forth the qualifications required. The City Council may interview applicants, after which a majority of the City  established as provided in this section.  shall be residents of the City of Hoschton.  terms, and three members to three-year terms.  scheduled City Council meeting, for due cause shown.    Ordinance 0-24-02 Planning Commission  Council may select the applicant to fill the vacancy by vote of the council at a regular meeting. Vacancies occurring prior to expiration ofa term shall be filled by appointment for the unexpired portion of the term, in the same manner provided herein for initial 6.A Absences. Ifany member of the commission is absent for more than three regularly scheduled meetings in a calendar year, the City Clerk shall declare the appointment vacant and shall notify the City Council of the need for a replacement to fill the vacant position. 7.Conflict of Interest. Any member of the Planning Commission who has a property interest in any real property affected by a rezoning action to be considered by the Hoschton City Council, or has a financial interest in any business entity which has a property interest in any real property affected by a rezoning action to be considered by the Hoschton City Council, or who has a family member with such a real property interest or financial interest in a business entity, pursuant to OCGA3647A2ahal immediately disclose the nature and extent of such interest, in writing, to the Hoschton City Council. The planning commissioner who has an interest as defined in this paragraph shall disqualify himself from voting on the rezoning action. The disqualified planning commissioner shall not take any other action on behalfof! himself or herself or any other person to influence action on the application for rezoning. The disclosures provided for in this paragraph shall bea public record and available for public inspection at any time during normal working hours. A member of the Commission may raise the question of conflict of interest of another member regarding a specific issue that is before the Commission. A majority vote ofthose planning commissioners without such conflict shall determine ifsuch conflict does  appointment.  exist.  8.Officers and Duties.  A.Chairperson. The members of the Planning Commission shall annually elect a chairperson. His/her term of office shall be one year but renewables without restriction. The chairperson shall decide all points of order and procedures. The chairperson may make B.V Vice-Chairperson. The members of the Planning Commission shall annually elect a vice- chairperson. His/her term ofoffice shall be for one year but renewable without restriction. Thevice chairperson shall serve as acting chairperson in the absence of the chairperson. When acting as chairperson, the vice-chairperson shall have the same powers and duties as C.S Secretary and Minutes. The] Hoschton City Clerk or designee shall serve as the secretary of the commission but shall not be a member of the commission. The secretary shall] keep all records and generally supervise the clerical work of the Planning Commission, including but not limited to, the agenda and minutes of every meeting. Meeting minutes shall indicate all important facts pertaining to each meeting, and all votes taken by the members and those members who are in attendance and who are absent from the meeting.  motions and vote in all matters that come before the Commission.  the chairperson.  2    Ordinance 0-24-02 Planning Commission  .Compensation, Ouorum, Meetings and Duties.  A. Compensation. The members of the Planning Commission shall not be compensated for their services, but shall be reimbursed for any training and travel expenses approved by B. Quorum. A majority of the Commission (four members) shall constitute a quorum for C.Meetings. The commission shall hold regular meetings once a month on a date of the week and at a time and place approved by the City Clerk; provided, however, that the commission shall not be required to meet ift there is no business to conduct. Whenever there isno business for the Planning Commission, the City Clerk shall notify members at least 48 hours prior to the scheduled meeting that the upcoming regularly scheduled meeting has been canceled. The chair may call a special meeting of the commission for due cause, D. Duties. It shall be the duty of the commission to provide recommendations to the City Council regarding the adoption and implementation of the City's comprehensive plan and tos serve in those roles assigned to it by the Hoschton zoning ordinance and the subdivision and land development ordinance of the city, as well as any other ordinance that assigns  City Council.  purposes of conducting business.  subject to compliance with applicable open meeting laws.  functions to the commission."  Section 2.  All ordinance sand parts of ordinances in conflict herewith are hereby repealed.  Section 3.  Ifany portion of this ordinance shall bel held to bei invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held tol be invalid or  unconstitutional. Section 4.  The ordinance shall become effective immediately upon its adoption.  3    Ordinance 0-24-02 Planning Commission  Adopted this  day of] March, 2024.  Debbie Martin, Mayor  This is to certify that I am City Clerk oft the City ofl Hoschton. As such, I keep its official records, including its minutes. In that capacity, my signature below certifies this ordinance was adopted  as stated and will be recorded ini the official minutes.  ATTEST:  Jennifer Harrison, City Clerk APPROVED ASTOI FORM  Abbott S. Hayes, Jr., City Attorney  4    ITEM4:  Ordinance 0-2024-03    CITY OF HOSCHTON STATE OF GEORGIA  ORDINANCE 0-2024-03  ANORDINANCE TO. AMEND THE HOSCHTON SUBDIVISION ANDLAND DEVELOPMENT ORDINANCE, ARTICLE. III, "GENERAL ROVSIONFSECTON.0, "CITY COUNCIL AUTHORITY"TO RETITLE SAID SECTION AND ASSIGN ROLESTO THE HOSCHTON PLANNING COMMISSION; TO AMEND ARTICLEIV, PRELIMINARY PLAT," SECTION 405, PRELIMINARY PLAT PROCESS ADMINISIRATONTO REPEAL THE EXISTING PROCESS FLOW CHART AND TO ADOPT A NEW PROCESS FLOW CHART; TO. ADOPT A NEW SECTION 408, "PLANNING COMMISSION REVIEW AND RECOMMENDATIONFTO, AMEND SECTION 1204, VARIANCES" TO ESTABLISH. A ROLE. FOR THE PLANNING COMMISSION; TO AMEND SECTION1207, AMENDMENT" TO ESTABLISH. AJ ROLE. FOR THE PLANNING COMMISSIONPTO REPEAL CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITYTO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES WHEREAS, The City ofHoschton desires to establish al Hoschton Planning and Zoning Commission (Planning Commission, for brevity) and assign it functions with regard to the review of preliminary plats, variances to the terms oft the subdivision and land development ordinance, and amendments to the subdivision and land development ordinance; and WHEREAS, Notice ofa a public hearing before the Hoschton City council was published in a newspaper of general circulation within the City ofHoschton as required by the Hoschton  subdivision and land development ordinance; and  WHEREAS, The City Council conducted aj public hearing on this matter;  Now, therefore, Council oft the City ofHoschton hereby ordains that the Hoschton Subdivision and Land Development Ordinance, adopted April 4, 2016, as most recently amended December  18, 2023, is hereby amended in the following respects:  Section 1.  Thel Hoschton subdivision and land development ordinance, Article III, "General Provisions,"  Section 303, "City Council Authority,": is retitled and amended as follows: "Sec. 303. Planning Commission and City Council Authority.  The Planning Commission, as established in the city code, shall have the authority and duty to make recommendations to the City Council regarding preliminary plats for major subdivisions and applications for a variance to the strict terms of this Ordinance. The Hoschton City Council shall review and have decision making authority on applications for    Ordinance 0-2024-03 Subdivision and Land Development Ordinance. Amendment  preliminary plat approval and final plat approval for major subdivisions, and applications fora  variance to the strict terms of this Ordinance.  Section 2.  The Hoschton subdivision and land development ordinance, Article IV, Preliminary Plat," Section 405, "Preliminary Plat Process Administration," that figure titled Preliminary Plat"is  hereby repealed and replaced with the: following figure:  PRELIMINARY PLAT  Determined Complete Review of Preliminary! Plat  File Complete. Application: Application: and Fee PreliminaryPlat (copies) Incomplete Application Returned Returned! For Revision  Land Subdivider  Zoning Administrator  City Engineer  Consolidated Comments Planning Commission Reviewand Recommendation Section 3.  Other Agency Review  Comprehensive Plan  City Council Review and Action  The Hoschton subdivision and land development ordinance, Article IV, Section 408, Reserved," isa amended to adopt a new Section 408, retitled "Planning Commission Review and "Sec. 408. Reserved Planning Commission Review and Recommendation.  Recommendation," to read as follows:  (a) Upon completion of the agency review for a preliminary plat and plat application, the Zoning Administrator shall schedule the preliminary plat application for the next regularly scheduled meeting of the Planning Commission and forward all pertinent materials in the application to the commission for review and  recommendation,  (b). The applicant or his or her authorized representative shall attend the Planning Commission meeting at which preliminary plat approval is sought. The Planning Commission may elect to take no action on a preliminary plat application unless the  subdivider or his or her authorized representative is present.  2    Ordinance 0-2024-03 Subdivision and Land Development Ordinance. Amendment  (c) Meetings of the Planning Commission during which a preliminary plat is considered shall be open to the public, but the Planning Commission shall not be required to provide-notice to adjacent or nearby property owners of the application and shall not be required. to convene a public hearing on the matter. This shall not preclude the Planning Commission from recognizing and hearing from any member of the (d). The Planning Commission shall recommend approval, conditional approval,or denial of the application within thirty-five (35) calendar days from the date it first considers a preliminary plat application at one ofits public meetings. The time limitation imposed in this Section shall be suspended when an applicant fails to attend the meeting at which his preliminary plat application is scheduled for (e) The basis ofthe Planning Commission's review of and action on a preliminary plat shall be whether the preliminary plat meets the purposes and requirements ofthis Ordinance and other applicable laws and is consistent with the comprehensive  public, when in its judgment it may be advantageous to do SO.  consideration by the Planning Commission.  plan."  Section 4.  The Hoschton subdivision and land development ordinance, Article XII, "Administrative and Legal Status Provisions," Section 1204, Variances," is amended to read as follows:  "Sec. 1204. Variances.  (a) Standard for Approval of Variances. Upon application by the subdivider or land developer and after review by the Planning Commission, the Hoschton City Council shall be authorized to grant a variance or variances upon a showing that one or more of 1. There are unusual, exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other property in the same vicinity or use district, and such conditions are not the result oft the owner's or occupant's own actions. Such conditions may include topography, unique natural conditions, surroundings ofthe subject property, or the size or peculiar shape of the lot. 2. Asar result ofs such unusual circumstance or conditions, there is an unnecessary hardship or practical difficulties that render it difficult to carry out the provisions of 3. The authorization of such variance will not be materially detrimental to the public welfare ori injurious to property in the vicinity or district in which the property is located, and the variance will be in harmony with the general purposes and intent of  the following criteria has been met:  this Ordinance.  the provisions of this Ordinance.  3    Ordinance 0-2024-03 Subdivision and Land Development Ordinance Amendment  4. The variance approved is the minimum variance that will reasonably make possible  the legal use ofthe lots, land, building or structure.  (b) Procedure for Obtaining Variance.  1. Application. Application for a variance shall be filed with the Zoning  Administrator on a form prescribed by the City.  2. Hearing before Planning Commission. Upon receiving a completed application for a variance, the Zoning Administrator: shall arrange for the application to bes scheduled for public hearing before the Planning Commission. The applicant shall be notified in writing of the date, time, and place of the hearing. The public shall be given notice of the date, time, place, and nature of the hearing by publication in the City's legal organ at least fifteen (15)days prior to the public hearing. At the public hearing, the applicant shall have an opportunity, personally or through counsel, to present evidence and argument 3. Recommendations and Report to Council. The Planning Commission shall review the application at the advertised public hearing. The Planning Commission shall determine whether the evidence supports a finding that the required criteria have been met and recommend approval, conditional approval, or denial of the application to the Hoschton City Council. The Zoning Administrator may write a report and provide findingso or recommendations, including conditions of approval.  ins support of his or her application for a variance.  4. Hearing before Hoschton City Council. The Hoschton City Council shall consider and act upon (i.e., approve, conditionally approve, or deny) the variance application after conducting aj public hearing and considering the recommendations of the Planning Commission and, if provided, those-findings and recommendations ofthe Zoning Administrator. The applicant shall be notified in writing of the date, time, and place oft the hearing held by the Hoschton City Council, by written mail, personal service, or electronic mail, at least fifteen (15) days prior to the public hearing. The public shall be given notice oft the date, time, place, and nature of the hearing by publication in the City's legal organ at least fifteen (15) days prior to the public hearing. At the public hearing, the applicant shall have an opportunity, personally or through counsel, to present evidence and argument in support ofhis or 5. Posted Notice ofHearing. In addition to any notice ofl hearing already specified in this Section, atl least fifteen (15) days prior to any public hearing referenced ini this Section, the City shall post at least one (1) sign in a conspicuous location on the property where a variance is sought, stating the date, time, and plaçe of the hearing and specifying the name and address oft the current owner oft the property, the location of the property, the current zoning district of the property, and the nature of the proposed variance. The sign shall remain on the property until the public  her application for a variance.  4    Ordinance 0-2024-03 Subdivision and Land Development Ordinance Amendment  hearing is held. The City is authorized to charge the applicant a fee for any such sign to cover any costs incurred for its preparation, installation, and removal. (c) Compliance with Conditions of Variance and Approved Plans. Compliance with any conditions imposed in the Hoschton City Council's: approval ofa variance, and adherence tot the submitted plans, as approved, is required. Any departure from such conditions of approval and approved plans constitutes a violation oft this Ordinance and invalidates any  variance issued subject to such conditions."  Section 5.  The Hoschton subdivision and land development ordinance, Article XII, "Administrative and Legal Status Provisions," Section 1207, Amendment," is amended as follows:  "Sec. 1207. Amendment.  The Hoschton City Council may amend this Ordinance in aj manner consistent with Georgia law. Before enacting such amendment to this Ordinance, the Planning Commission shall hold a public hearing and provide a recommendation on the proposed amendment. Thel Hoschton City Council shall hold a public hearing thereon, notice of which shall bej published at least fifteen (15) days prior to such hearing in the City's legal organ or a newspaper of general  circulation in the City."  Section 6.  All ordinances and parts of ordinances in conflict herewith arel hereby repealed.  Section 7.  Ifany portion of this ordinance shall be held to bei invalid or unconstitutional, such invalidity or unconstitutionality shall not affect ori impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or  unconstitutional.  Section 8.  This ordinance shall become effective immediately upon its adoption.  Adopted this  day ofl March, 2024.  Debbie Martin, Mayor  5    Ordinance 0-2024-03 Subdivision and Land Development Ordinance Amendment  This is to certify that I am City Clerk oft the City ofH Hoschton. As such, Ikeepi its official records, including its minutes. In that capacity, my signature below certifies this ordinance was adopted  as stated and will be recorded in the official minutes.  ATTEST:  Jennifer Harrison, City Clerk APPROVED AS TOFORM  Abbott S. Hayes, Jr., City Attorney  6    ITEM5:  Ordinance TA-2024-01    CITY OF HOSCHTON STATE OF GEORGIA  ORDINANCE TA: 2024-01  ANC ORDINANCE TO. AMEND THE HOSCHTON ZONING ORDINANCE, ARTICLEI, "GENERAL," SECTION 1.04, PURPOSES," PARAGRAPHSTO. ASSIGN ROLES TOTHE HOSCHTON PLANNING AND. ZONING COMMISSION; TO AMEND ARTICLE VIII, "ZONING AMENDMENTS AND APPLICATIONS," SECTION 8.01, "PROCEDURES FOR CALLING AND CONDUCTING PUBLIC HEARINGS," SECTION 8.02, "TEXT AMENDMENTS,  SECTION 8.03, AMENDMENTTO THE OFFICIAL ZONING MAP," SECTION 8.04, "CONDITIONAL USES," AND SECTION 8.05, "VARIANCES"TO. ASSIGN ROLES FOR THE PLANNING COMMISSION; TO REPEAL CONFLICTING ORDINANCES; TO: PROVIDE FOR SEVERABILITY; TOI PROVIDE AN: EFFECTIVE WHEREAS, The City ofHoschton seeks to assign ai role for the Hoschton Planning and Zoning Commission ("Planning Commission" for brevity) with regard to the review and recommendations pertaining to applications for text amendments, amendments to the official WHEREAS, Notice of public hearings was published in a newspaper of general circulation within the City ofHoschton as required by the zoning procedures law and the Hoschton zoning  DATE; AND FOR OTHER PURPOSES  zoning map, conditional uses, and variances; and  ordinance for text amendments; and  WHEREAS, The City Council conducted a public hearing on this matter;  Now, therefore, Council oft the City ofHoschton hereby ordains that the Hoschton Zoning Ordinance adopted January 4, 2016, most recently amended September 18, 2023, is hereby  amended in the following respects:  Section 1.  The Hoschton zoning ordinance, Article I, "General," Section 1.04, "Purposes," paragraph 5is 5. Reserved To assign to the planning commission roles and responsibilities with regard to amendments to the text of this zoning ordinance, applications for amendments to the official zoning map, applications for conditional use, and application for variances, and;  amended as follows:  Section 2.  The Hoschton zoning ordinance, Article VIII, "Zoning Amendments and Applications, Section 8.01, Procedures for Calling and Conducting Public Hearings," paragraphs 1,2, 4, and 13 are  amended as follows:    Ordinance TA 2024-01  "Section 8.01. Procedures for Calling and Conducting Public Hearings.  1. Applicability. Public hearings held by the Hoschton City Council as required by this ordinance with regard to rezoning requests (amendments to the official zoning map), applications for conditional uses, applications for variances, and appeals ofany administrative decision shall be called and conducted in accordance with thej procedures ofthis section. Ifthel Planning Commission elects to hold a public hearing ori is otherwise obligated to hold a public hearing per the requirements of this ordinance, then the Planning Commission shall call and conduct its public hearings in accordance with this section, and this section shall in such cases be interpreted accordingly. Nothing in this section shall be construed as prohibiting the presiding officer from conducting aj public hearing in a fair, orderly, and decorous manner. 2. Presiding Officer. The presiding officer shall preside over the public hearing. In the case ofthe Hoschton City Council, the Mayor shall preside, or in the absence oft the Mayor the Mayor Pro Tempore shall preside, or in the absence ofboth the Mayor and Mayor Pro Tempore, another member ofthe City Council shall be designated to preside over the public hearing. In the case of the Hoschton Planning Commission, ifa public hearing is required or held, the chairperson of said commission shall preside, or in the absence of the chairperson, the vice chairperson, or ifr neither is present to preside, another member of the commission shall be designated to preside. 4. Report of Zoning Administrator. Upon opening the public hearing, the presiding officer may recognize the Zoning Administrator, who may provide a summary of the application and present any recommendations or results ofinvestigations. The Zoning Administrator shall also summarize the recommendations made by the Planning Commission. Any member of the City Council upon recognition by the presiding officer may ask questions of the Zoning Administrator or designee or other city representative providing ai report or recommendations. The Zoning Administrator may be represented at 13. Decision. After the public hearing is closed, the City Council may either vote upon the application or may delay its vote to a subsequent meeting, subject to the limitations of this article, provided that notice of the time, date and location when such application will be further considered shall be announced at the meeting during which the public hearing is held. After hearing evidence, in making a decision, the City Council will apply the evidence to the criteria specified in this article for the application in question and other considerations and recommendations as may be considered appropriate. Ifthe City Council determines from the evidence presented by the applicant has shown that the proposed application promotes the health, safety, morals, and general welfare under applicable criteria, then the application shall be granted, subject to those reasonable conditions as may be imposed by the City Council on its own initiative or as recommended by the Zening-dminisirater: Planning Commission. Otherwise, such  the public hearing by written report in lieu of oral testimony.  application shall be denied.  2    Ordinance TA 2024-01  Section 3.  The Hoschton zoning ordinance, Article VIII, "Zoning Amendments and Applications," Section 1. Authority to Amend. The City Council may amend any article or section oft this zoning ordinance, subject to compliance with the requirements ofthis section. 2. Authority to Initiate. An application to amend this zoning ordinance may be initiated by the City Council, OF the Planning Commission, or the Zoning Administrator with prior consent ofthe Mayor. In addition, any person, firm, corporation, or agency may initiate by application to the Zoning Administrator a proposal to amend the text oft this zoning ordinance, provided said individual, firm, corporation, or agency is the owner or owner's agent of property ini the city and the amendment sought pertains in some way to said property within the city, and provided further that the applicant has attended a pre- application meeting with the Zoning Administrator to discuss the amendment proposal 3. Application. Applications to amend the text of this zoning ordinance shall require submittal of an application fee, application form, and proposed text amendment in a form approved in advance by the Zoning Administrator. The Zoning Administrator shall waive the application fee required by this section when an application is initiated by the City 4. Reserved. Referral to and Recommendation by Planning Commission. Upon receipt ofacompleted application for a text amendment or within a reasonable time thereafter, the Zoning Administrator shall refer the text amendment to the Planning Commission. The meeting at which the Planning Commission considers a text amendment shall be open to the public, but the Planning Commission meeting shall not be required to be an advertised public hearing and the Planning Commission shall not be obligated to but may hold a public hearing on the text amendment. The Planning Commission shall make a recommendation on the text amendment within 35 days of the meeting it is first scheduled to consider the text amendment, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator of the recommendation within seven (7) working days of the decision. The recommendation and any report shall upon publication be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding 5. Notice of City Council Public Hearing. At least 15 but not more than 45 days prior to the date of the public hearing before the City Council, the Zoning Administrator shall cause to be published within a newspaper of general circulation within the territorial boundaries oft the city a notice oft the public hearing on the text amendment. The notice shall state the  8.02, "Text Amendments," is amended as follows:  prior toi filing.  Council or the Planning Commission or Zoning Administrator.  on the City Council.  time, place, and purpose oft the public hearing.  3    Ordinance TA 2024-01  6. City Council Public Hearing and Action. The City Council shall hold a public hearing on the text amendment as advertised and after review and recommendation by the Planning Commission. In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, or it may reschedule: and re-advertise the public hearing for a day afterwhich the Planning Commission's recommendation will be available. In rendering a decision on any such text amendment, the City Council shall consider all information supplied by the Zoning Administrator and the Planning Commission, any information submitted by the applicant, and any information presented at the public hearing. The City Council may approve or disapprove the proposed text amendment as written, or it may modify the proposed text amendment and approve it as modified. The applicant will be notified in writing by the Zoning Administrator of the decision within seven (7) working days oft the 7. Withdrawal. Any application for an amendment to the text of this zoning ordinance may bev withdrawn at any time at the discretion ofthe person or entity initiating such ai request upon notice to the Zoning Administrator, up until the public hearing by the City Council. When any application for a text amendment is initiated by a party other than the City Council, eF the Planning Commission or the Zoning Administrator, no refund oft the required application fee or portion thereofs shall be made once the text amendment has  decision.  been scheduled for public hearing.  Section 4.  The Hoschton zoning ordinance, Article VIII, "Zoning Amendments and Applications," Section 1. Authority to. Amend. The City Council may amend any boundary ofa a zoning district as shown on the official zoning map, subject to compliance with the requirements oft this 2. Authority to Initiate. An application to amend the official zoning map: may be initiated by the City Council. In addition, any person, firm, corporation, or agency may initiate by application to the Zoning Administrator a proposal to amend the official zoning map, provided said individual, firm, corporation, or agency is the owner or owner's agent oft the 3. Application. Applications to amend the official zoning map shall require submittal of an application fee, application form, and supporting materials specified by this. No application described in this section shall be processed by the Zoning Administrator unless iti is found to be complete with regard to application materials, payment of fees, supportive materials, and any other application requirements specified by this section. If an application described and regulated by this section does not comply with all the submission requirements of this section, the Zoning Administrator may reject the  8.03, Amendment to the Official Zoning Map,"i is amended as follows:  section.  property involved in said application.  4    Ordinance TA 2024-01  application and refuse to process it. The Zoning Administrator shall waive the application fee required by this section when an application isi initiated by the City Council. 4. Application Requirements. No application specified in this section shall bej processed by the Zoning Administrator unless it meets the requirements ofthis section as follows: (a) Application fee as established by resolution oft the City Council;  (b) Application form furnished by the Zoning Administrator, including signed and  notarized signature of property owner; (c) Metes and bounds legal description of thej property;  (d) Boundary survey plat oft the property; provided, however, that where no survey is available the Zoning Administrator may but is not obligated to, accept ai map ofthe subject property from the Jackson County Tax Assessors or other reliable source; (e) Letter ofintent describing the proposed use oft the property or other action requested, which may include any special conditions voluntarily made by the applicant as a part ofthe request. The applicant is also strongly encouraged to address the extent to which the application meets the criteria specified in this section for amendments to (f) Site plan oft the property and proposed development at an appropriate engineering scale showing the proposed use and relevant information regarding proposed mprovements. Site plans must show existing roads and streams, flood plains and wetlands where applicable, existing and proposed buildings and structures, parking and loading areas as may be applicable, areas of existing vegetation or parts oft the site to be landscaped, conceptual information about drainage and stormwater management, and otheri information as reasonably required by the Zoning Administrator. Site plans may be waived for rezoning applications for agricultural or  the official zoning map; and  residential zoning districts.  5. Reserved. Referral to and Recommendation by Planning Commission. Upon receipt ofac completed application to amend the official zoning map or within a reasonable time thereafter, the Zoning Administrator shall refer the application to the Planning Commission. The meeting at which the Planning Commission considers the application shall be open to the public, but the Planning Commission meeting shall not be required to be an advertised public hearing and the Planning Commission shall not be obligated to but may hold a public hearing on the application. The Planning Commission shall make a recommendation on the application within 35 days of the meeting it is first scheduled to consider the application, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator ofthe recommendation within seven (7) working days of the decision. The recommendation and any report shall  5    Ordinance TA: 2024-01  upon publication be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding Notice of City Council Public Hearing. At least 15 but not more than 45 days prior to the date oft the public hearing before the City Council, the Zoning Administrator shall cause to bej published within a newspaper of general circulation within the territorial boundaries oft the city ai notice of the public hearing on the application. The notice shall state the time, place, and purpose oft the public hearing. If the application is initiated by a party other than the City Council, then in addition, notice shall include the location oft the property, the present zoning classification oft the property, and the proposed zoning classification oft the property; and a sign containing said required information shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the public hearing before the City Council and which shall remain through the date ofany 7. City Council Public Hearing and Action. The City Council shall hold aj public hearing on the application as advertised.- In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, ori it may reschedule and re-advertise the public hearing for a day after which the Planning Commission's recommendation will be available.-In rendering a decision on any such application, the City Council shall consider all information supplied by the Zoning Administrator and the Planning Commission, any information submitted by the applicant, any information presented at the public hearing, and the extent to which the application meets the criteria specified for amendments to the official zoning map as prescribed in this section. The City Council may approve or disapprove the application as proposed, ori it may place conditions of approval on the application and approve the application with conditions. The applicant will be notified in writing by the Zoning Administrator oft the decision within seven (7) working days oft the decision. 8. Withdrawal. Any application for an amendment to the official zoning map may be withdrawn at any time at the discretion of the person or entity initiating such a request upon notice to the Zoning Administrator, up until the public hearing by the City Council. When any application is initiated by a party other than the City Council, no. refund oft the required application fee or portion thereof shall be made once the application has been 9. Limitations on thel Frequency of Filing Applications. No application regulated by this section and affecting the same or any portion of property which was denied by the City Council shall be accepted for filing by a property owner until twelve months shall have elapsed from the date said application was denied by the City Council. The same or any portion of property previously considered in a zoning map amendment which was denied by the City Council may not again be initiated by the City Council until the expiration of atl least six months immediately following the final decision rendered on the application  on the City Council.  public hearings advertised thereon.  scheduled for public hearing.  by the City Council.  6    Ordinance TA 2024-01  Section 5.  The Hoschton zoning ordinance, Article VIII, "Zoning Amendments and Applications," Section 1. Authority. Upon application, the City Council may approve, conditionally approve, or deny applications for conditional uses as specified in the zoning district regulations of this ordinance, subject to compliance with the requirements of this section. 2. Application. Applications for conditional use approval shall require submittal of an application fee, application form, and supporting materials specified by this section in advance by the Zoning Administrator. No application described in this section shall be processed by the Zoning Administrator unless it is found to be complete with regard to application materials, payment ofi fees, supportive materials, and any other application requirements specified by this section. Ifa an application described and regulated by this section does not comply with all the submission requirements ofthis section, the Zoning 3. Application Requirements. No application specified in this section shall be processed by the Zoning Administrator unless it meets the requirements of this section as follows:  8.04, "Conditional Uses," is amended as follows:  Administrator may reject the application and refuse to process it.  (a) Application fee as established by resolution of the City Council;  (b) Application form furnished by the Zoning Administrator, including signed and  notarized signature ofproperty owner; (c) Metes and bounds legal description oft the property;  (d) Boundary survey plat oft thej property; provided, however, that where no survey is available the Zoning Administrator may but is not obligated to accept a map of the subject property from the. Jackson County Tax Assessors or other reliable source; (e) Letter ofintent describing the proposed use of the property, which may include any special conditions voluntarily made by the applicant as a part oft the request. The applicant is also strongly encouraged to address the extent to which the application meets the criteria specified in this section for conditional uses; and ) Site plan ofthe property and proposed development at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements. Site plans must show existing roads and streams, flood plains and wetlands where applicable, existing and proposed buildings and structures, parking and loading areas as may be applicable, areas ofe existing vegetation or parts oft the site to be landscaped, conceptual information about drainage and stormwater  7    Ordinance TA 2024-01  management, and other information as reasonably required by the Zoning  Administrator.  4. Reserved. Referral to and Recommendation by Planning Commission. Upon receipt ofa completed application for conditional use or within a reasonable time thereafter, the Zoning Administrator shall refer the application to the Planning Commission. The meeting at which the Planning Commission considers the application shall be open to the public, but the Planning Commission meeting shall not be required to be an advertised public hearing and the Planning Commission shall not be obligated to but may hold a public hearing on the application. The Planning Commission shall make a recommendation on the application within 35 days oft the meeting iti is first scheduled to consider the application, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator of the recommendation within seven (7)working days of the decision. The recommendation and any report shall upon publication be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding 5. Notice of City Council Public Hearing. At least 15 but not more than 45 days prior to the date of the public hearing before the City Council, the Zoning Administrator shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city ai notice of the public hearing on the application. The notice shall state the time, place, and purpose oft the public hearing. Ift the application isi initiated by a party other than the City Council, then in addition, notice shall include the location ofthe property, the present zoning classification of the property, and the proposed conditional use ofthej property; and a sign containing said required information shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the public hearing before the City Council and which shall remain through the date of any public 7. City Council Public Hearing and Action. The City Council shall hold aj public hearing on the application as advertised. In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, orit may reschedule and re-advertise the public hearing for a day after which the Planning Commission's recommendation will be available-In rendering a decision on any such application, the City Council shall consider all information supplied by the Zoning Administrator and the Planning Commission, any information submitted by the applicant, any information presented at the public hearing, and the extent to which the application meets the criteria specified for conditional uses as prescribed in this section. The City Council may approve or disapprove the application as proposed, or it may place conditions of approval on the application and approve the application with conditions. The applicant will be notified in writing by the Zoning Administrator oft the decision  on the City Council.  hearings advertised thereon.  within 7 working days of the decision.  8    Ordinance' TA: 2024-01  8. Withdrawal. Any application for conditional use may be withdrawn at any time at the discretion ofthe person or entity initiating such a request upon notice to the Zoning Administrator, up until the public hearing by the City Council. When any application is initiated by aj party other than the City Council, no refund ofthe required application fee or portion thereof shall be made once the application has been scheduled for public 9. Limitations on the Frequency of Filing Applications. No application regulated by this section and affecting the same or any portion of property which was denied by the City Council shall be accepted for filing by a property owner until twelve months shall have elapsed from the date said application was denied by the City Council.  hearing.  Section 6.  The Hoschton zoning ordinance, Article VIII, "Zoning Amendments and Applications," - Section 7. Reserved. Referral to and Recommendation by Planning Commission. Upon receipt ofa completed application for variance or within a reasonable time thereafter, the Zoning Administrator shall refer the application to the Hoschton Planning Commission. The meeting at which the Planning Commission considers the application shall be open to the public, but the Planning Commission meeting shall not be required to be an advertised public hearing and the Planning Commission shall not be obligated to but may hold a public hearing on the application. The Planning Commission shall make a recommendation on the application within 35 days oft the meeting it is first scheduled to consider the application, and its recommendation shall be submitted to the City Council. The Planning Commission may submit any additional report it deems appropriate. The applicant will be notified in writing by the Zoning Administrator of the recommendation within seven (7) working days of the decision. The recommendation and any reports shall upon publication be available upon request to the public. The recommendation of the Planning Commission shall have an advisory effect only and shall not be binding 10. City Council Public Hearing and Action. The City Council shall hold aj public hearing on the application as advertised and after review and recommendation by the Planning Commission. In the event that the Planning Commission has not submitted its report and the public hearing has already been advertised, the City Council may elect to proceed with the advertised and scheduled public hearing, or it may reschedule and re-advertise the public hearing for a day after which the Planning Commission's) recommendation will be available. In rendering a decision on any such application, the City Council shall consider all information supplied by the Zoning Administrator and the Planning Commission, any information submitted by the applicant, any information presented at the public hearing, and the extent to which the application meets the criteria specified for conditional uses as prescribed in this section.  8.05, "Variances," paragraphs "7" and "10" are amended as follows:  on the City Council.  9    Ordinance' TA 2024-01  The City Council may approve or disapprove the application as proposed, ori it may place conditions ofapproval on the application and approve the application with conditions. The applicant will be notified in writing by the Zoning Administrator of the decision  within seven (7) working days of the decision.  Section 7.  All ordinances and parts of ordinances in conflict herewith are hereby repealed.  Section 8.  Ifany portion of this ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect ori impair the remaining portions unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held tol bei invalid or  unconstitutional.  Section 9.  This ordinance shall become effective immediately upon adoption.  Adopted this  day ofl March, 2024.  Debbie Martin, Mayor  This is to certify that I am City Clerk of the City ofHoschton. As such, Ikeep its official records, including its minutes. Ini that capacity, my signature below certifies this ordinance was adopted  as stated and will bei recorded in the official minutes.  ATTEST:  Jennifer Harrison, City Clerk APPROVED AS TO FORM  Abbott S. Hayes, Jr., City Attorney  10