CITY OF HOSCHTON CITY COUNCIL  HURSDALSEPIEMBER 12, 2024 AT6 6:00PM HOSCHTON COMMUNITY CENTER 650 CITY SQUARE, HOSCHTON  HOSCHTON  PUBLIC HEARING AGENDA  WELCOME AND CALL1 TO ORDER INVOCATION/ MOMENT OF SILENCE PLEDGE OF ALLEGIANCE AGENDAAPPROVAL NEW BUSINESS  1. Ordinance TA-2024-05:: Zoning Ordinance Text Amendment: SEK Hoschton, LLC, by Tommy Saul, applicant, has filed an application to amend the text ofi the Hoschton, Georgia, zoning ordinance, Article IV, "Zoning Districts,' " Section 4.11, "C-2, General Commercial Highway Oriented District,"Table 4.3, "Permitted and Conditional Uses for Non-Residential Zoning Districts,"1 to change "auto parts and tire store" from a prohibited use ("X") to a permitted use ("P") ini the C-2zoning district. [Planning commission recommendation:  approval as revised]  ADJOURN    CITY OF HOSCHTON STATE OF GEORGIA  ORDINANCE TA-2024-05  AN ORDINANCE. AMENDING1 THE ZONING ORDINANCE OF THE CITY OF HOSCHTON, GEORGIA, ARTICLEI IV, "ZONING DISTRICTSAND OFFICIAL ZONING MAP," SECTION 4.14, "MU, MIXED USE DISTRICT". AND FOR OTHER PURPOSES WHEREAS, SEK Hoschton, LLC, by Tommy Saul, applicant, has filed an application to amend the text oft the Hoschton, Georgia, zoning ordinance, Article IV, "Zoning Districts," Section 4.11, "C-2, General Commercial Highway Oriented District,"  Table 4.3, "Permitted and Conditional Uses for Non-Residential Zoning Districts," to change "auto parts and tire store" from a prohibited use ("X") to a permitted use ("P") in the C-2 zoning district; and WHEREAS, Anotice of public hearing before the Hoschton Planning and Zoning Commission and the Hoschton City Council on this matter was published in ai newspaper of general circulation within the City ofHoschton as required by the zoning procedures law and the WHEREAS, The Planning and Zoning Commission and the City Council each conducted a WHEREAS, The Hoschton City Council finds that it is necessary, desirable and ini the public interest to amend the Hoschton Zoning Ordinance as requested by the applicant; Now therefore, the Hoschton City Council ORDAINS as follows:  Hoschton zoning ordinance for text amendments; and  public hearing on this matter; and  Section 1.  The Hoschton Zoning Ordinance, Article IV, "Zoning Districts," Section 4.11, "C-2, General Commercial Highway Oriented District," Table 4.3, "Permitted and Conditional Uses for Non- Residential Zoning Districts," is amended to change "auto parts and tire store" from a prohibited  use ("X") to aj permitted use ("P") in the C-2 zoning district, as follows:  Table 4.3  Permitted and Conditional Uses in Non-Residential Zoning Districts  P=E Permitted; C: = Conditional Use; X = Prohibited  Use  Sec. INST C-1 C-2 C-3 M-1 MU  Ref.  Auto parts and tire store Section 2.  X X % P P X P  All ordinances, or parts of ordinances in conflict herewith are hereby repealed.  I    Ordinance TA-2024-03  Section 3.  Ifany portion oft this ordinance shall bel 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 to bei invalid or  unconstitutional. Section 4.  The effective date oft this ordinance shall be the date of adoption.  Adopted this 17th day of September, 2024.  Debbie Martin, Mayor  This is to certify that I am Assistant City Clerk oft 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:  Jen Williams, Assistant City Clerk APPROVED AST TO FORM  Abbott S. Hayes, Jr., City Attorney  2    CITY OF HOSCHTON PLANNING & DEVELOPMENT 61 CITYSQUARE HOSCHTON, GAS 30548  APPLICATION TO AMEND ZONING TEXT ORDINANCE  SEKI Hoschton LLC are owners of property in Hoschton, Georgia and would like to propose the following The requested amendment to the current zoning text is intended to permit the use of Auto Parts & Tire Stores within C-2 Zoning. The portion of the current zoning ordinance relating to this request is Table 4.3 titled "Permitted & Conditional Uses in Non-Residential Zoning Districts" on page 24.  Text Amendment to C-2 Zoning:  Existing Ordinance (Table 4.3, Page 24) City of Hoschton, GA, Zoning Ordinance  Use Artist studio Auto parts and tire store Automobile sales Automotive repair or service Bakery, retail  Sec. INST C-1 C-2 C-3 M-1 MU  Ref.  X P P X X P X X X P P X X X X P P X X X X P P X X X P X X P  Proposed Amendment (Table 4.3, Page 24) City of Hoschton, GA, Zoning Ordinance  Use Artist studio Auto parts and tire store Automobile sales Automotive repair or service Bakery, retail Sincerely, SEK Hoschton, LLC  Sec. INST C-1 C-2 C-3 M-1 MU  Ref.  X P P X X P X X P P X X X X P P X X X X P P X X X P X X P    APPLICATION FOR TEXT AMENDMENT  CITY OF HOSCHTON, GA PLANNING, ANDI DEVELOPMENT 61 City Square Hoschton, GA 30548 706-654-3034  Applicant Information:  Name: SEK Hoschton LLC (Tommy Saul) Address: 2743 Perimeter Pkwy, Bldg 100, Suite 370 City, State, Zip: Augusta, GA3 30909 Phone: 706-854-6720 E-mail:  TommySaui@soutneaster.company  Property Owner Information: (fdiferent) from applicant)  Name: Same As Above Address: City, State, Zip: Phone: E-mail:  Thej property owner, must sign the following form; if the applicant is not the property owner, you must submit evidence of property owner approval toi file this application by submitting the property owner authorization  form.    Rezoning Application, City ofHoschton, GA (continued) Property Information: Tax) Map and Parcel Number: HO1 024 Address (if one has been assigned): 3756 Hwy 53 (Per. Jackson County GIS) Acreage of Property: 4.143 acres (Per Jackson County GIS)  Note: You must attach a metes and bounds legal description of thej property. A boundary survey may be  required; submit a copy ifavailable. Existing Zoning District:  C-2  Proposed Zoning District:  Proposal is to amend C-2 text to allow for al Retail Auto Parts & Tire Store.  Proposed Use: Retail Auto Parts Store & Tire Store  Proposed Amendment (Table 4.3, Page 24) City of Hoschton, GA, Zoning Ordinance  Use Artists studio Auto paris and tire store Automoblle sales Automotive repair or service Bakery, retail  Sec. INST C-1 C-2 C-3 M-1 MU  Ref.  X P R X X P X X P P X X X P P X X X P a X P X X X  Revised 5/2021  2    Rezoning Application, City of Hoschton, GA (continued) records of Jackson County, Georgia. Name of Owner(s): SEK Hoschton LLC Address: Phone Number: 706-854-6720 Signature of Property Owner:  Property Owner Authorization  Iswear that I am the owner ofthe property which is the subject matter ofthis application, as shown: in the  2743 Perimeter Pkwy, Bldg 100, Ste 370    Iauthorize the person named below to act as applicant in the pursuit oft this application.  Name of Applicant(s): Southeastern Development (Tommy Saul) Address: 2743 Perimeter Pkwy, Bldg 100, Suite 370 Phone Number: 706-854-6720  Property owner personally appeared before me  Tommy Saul  who swears that thei information contained in this authorization is true and correct to  theb best ofhis or her knowledge and belief. ca3irry  Notary Public 125124 Date Revised 5/2021  JESSICA PERRY Georgia My E Emmntd Expires January16, 2028    Rezoning Application,' City of Hoschton, GA (continued)  CAMPAIGN CONTRIBUTIONS DISCLOSURE FORM (REQUIRED TO BE COMPLETED BY APPLICANT)  O.C.G.A. $3667A3Diselosure of campaign contributions:  When any applicant for zoning action has made, within two years immediately preceding the filing ofti the applicant's application for the zoning action, campaign contributions aggregating $250,00 or more to al local government official who will consider the application, it shall bet the duty oft the applicant to file a disclosure (1) The name and official position of the local government official to whom the campaign contribution (2) The dollar amount and description of each campaign contribution: made by the applicant to the local government official during the two years immediately preceding the filing oft the application for the  report with the governing authority of the respective local government showing:  was made; and  rezoning action and the date ofe each such contribution.  Ihereby certify that Ihaver read the above and that (check which one applies):  Ihave**  Ihave not  X  Within the two years immediately preceding this date, made any contribution(s) aggregating $250.00 or more to  any local government official involved in the review or consideration oft this application. **If you have made such contributions, you must provide the data required by this form.  7/25/2024  Applicant's Signature  Date  [application form continues on next page]  Revised 5/2021  4    Rezoning Application, City of Hoschton, GA (continued)  ZONING DECISION CRITERIA  Per Section 8.03 oft thel 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 which (a) Whether the proposal will permit a use that is suitable in view of the use and development of  provide reasons for approving the application:  adjacent and nearby property.  Response:  Thej proposal will allow a use that is suitable to nearby and adjacent properties that are  currently zoned C-2 for retail and commercial use.  (b) Whether the proposal will adversely affect the existing use or usability of adjacent or nearby  property. Response:  Text amendment will: not adversely affect adjacent or nearby property. It will conform with  adjacent and nearby property retail & commercial uses,  (c) Whether the property tol be affected by the proposal has a reasonable economic use as currently  zoned. Response:  Current C-2 Zoning text limits property's economic use.  (d) Whelher (hej prupusal will resull in a use which will ur could cause an excessive or burdensome  use of existing streets, transportation facilities, utilities, or schools.  Response:  Proposed use will not cause excessive or burdensome use of existing streets, transportation  facilities, utilities or schools.  Revised 5/2021  5    Rezoning Application, City of! Hoschton, GA (continued)  (e) Whether the proposal is in conformity with the policy and intent of the comprehensive plan  including the character area map and/or future land use plan map.  Response:  Proposal conforms with comprehensive plan for retail and commercial growth.  Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of thej proposal.  Response: Boulevard).  Approval will help advance the city's comprehensive roadway and corridor plan by permitting auset that will allow the completion of] Peachtree Road Extension (aka Peachtree Exchange  (g) Whether the proposal would create an isolated zoning district unrelated to adjacent and nearby  districts. Response:  Proposal does not create an isolated. zoning district. Proposed text amendment will promote  more retail and commercial development.  (h) 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. There will be no negative impact on the environment. The use will not allow automotive: repair  Response: ors service.  [application form continues on next page]  Revised 5/2021  6    MINUTES  HOSCHTON PLANNING AND ZONING COMMISSION  August 28, 2024 at 6:00 p.m. Hoschton Community Center 65City Square, Hoschton, GA,30548  MEMBERS PRESENT: Edwin "Ace" Acevedo, Vice Chair Scott Butler Chuck Jonaitis Christine Moody, Chair Brenda Stokes Tom Vivelo MEMBERS ABSENT: Geoffrey Horney Call to Order  OTHER CITY PERSONNEL PRESENT: Hon. Christina Brown, City Council Member Jerry Weitz, Consulting City Planner Jen Williams, Assistant City Clerk  The meeting was called to order at 6:00 p.m. by Chair Moody. All members oft the planning and Christina Brown, City Council member, was in attendance and was recognized. The pledge of allegiance to the flag was completed, as was ai moment of silence fori individual prayer and self-  zoning commission were present except for Geoffrey Horney.  reflection. Approval of Minutes  A motion was made by Chuck Jonaitis, seconded by Tom Vivelo, to approve the minutes oft the  July 24, 2024, meeting. The motion was unanimously approved (6-0).  Public Comment  Rachel Allred, McNeal Road, addressed the commission. She spoke concerning the need to control the county and city' s population increases. She advocated for a slowdown. She indicated that there was a development moratorium at one time in Jackson County, and she asked for the city to consider what it might do to get the county moratorium back inj place. Old Business: Ordinance TA-2024-04: An Ordinance Amending the Zoning Ordinance of the City ofHoschton, Georgia, Article VIII, "Zoning Amendments and Applications," to add a new Section 8.08, "Duration ofA Approval" and For Other Purposes Jerry Weitz spoke on this matter. He indicated that a public hearing had been held by the planning commission and city council, but the city attorney and city planner recommended that  1    Minutes, August 28, 2024, Hoschton Planning and Zoning Commission  the ordinance be withdrawn due to concerns about a lack of other local governments doing something similar, vagueness in the ordinance proposal, and out of concern as to whether the ordinance was necessary. The City Council in its August regular meeting remanded the ordinance proposal back to the planning commission for further study. Weitz indicated the direction from the city council was such that the commission should determine whether different zoning districts should have different time frames for how long the zoning approval lasted beforea a Weitz indicated hel had done some research that day on what other local governments in Georgia have adopted ordinances that provide for the reversion of approved zoning. He indicated that the Cities of] Morrow, Augusta, Woodstock, Hiram, and Brunswick as well as Clayton, Henry, and Pike Counties appeared to have reversion clauses in their ordinances. Weitz indicated that he had located ordinance provisions for Morrow, Hiram and Woodstock and that using them as examples he thought a better ordinance could be written. Weitz suggested that, with the consent ofthe planning commission, he would draft another ordinance that was directed at addressing the stated concerns, including avoiding vagueness and providing better criteria for determining when az zoning decision should be reconsidered and possibly reverted to the original zoning. Planning commissioners discussed the proposed ordinance. Commission members asked what, if any, legal impediments there were to adopting such an ordinance. It was determined that applicants of zoning changes should be held accountable and be required to move forward. The commission stated its desire to limit rezoning merely for land speculation purposes. The commission asked that the city consider requiring the payment ofutility tap fees as a way of furthering applicant commitments to the approved rezoning. Weitz replied that that might be unlikely but that the city was already requiring payment of tap fees to some extent as conditions ofzoning approval. It was noted by Scott Butler that the city and the county have to invest in facilities to serve a development, and that it was a waste of resources invested ifaj particular development rezoned did not happen. Weitz indicated that the Pirkle Farm planned unit development with 500 dwelling units was an example of a rezoning that probably would not get built as rezoned but for which the city was required to setaside water and sewer capabilities. Commission members suggested that a completion schedule should be required tol be proposed by applicants for new: rezonings, and that otherwise the two-year time period for consideration of ar reversion to original zoning would' be appropriate. The commission agreed tol have Weitz proceed with ai revision, without returning to the commission for a recommendation, but with the provision that a copy ofthe revised ordinance be given to commission members when distributed New Business: Ordinance TA-2024-05: SEK Hoschton, LLC, by Tommy Saul, to amend the text of the zoning ordinance, Article IV, "Zoning Districts," Section 4.11, "C-2, General Commercial Highway Oriented District," Table 4.3, "Permitted and Conditional uses for Non-Residential Zoning Districts,' ," to change "auto parts and tire store" from a prohibited Jerry Weitz introduced the proposed ordinance. The ordinance would make tire stores and auto parts stores as permitted rather than prohibited uses in the C-2 zoning district. He indicated he had recommended approval, as the sale ofauto parts occurs inside a building and is therefore not  process of reverting it to the original zoning would took place.  to city council.  use ("X") to a permitted use ("P) in the C-2 Zoning District  2    Minutes, August 28, 2024, Hoschton Planning and Zoning Commission  materially different from any other enclosed retail trade establishment. However, Weitzi indicated he had second thoughts about having a tire store permitted outright in C-2, because it was rarely ifever the case where a tire store does not also involve auto service (repair and replacement of tires), and that such an allowance would break with the current standard of not allowing auto Aj public hearing was convened on the matter. Tommy Saul, with SEK Hoschton, LLC, the applicant, spoke in favor of the request. No one else spoke in favor. Tina Brown and Rachel Allread addressed the commission in opposition to the application. Council member Tina Brown indicated that a tire store should not be made aj permitted use. No one else spoke in favor ofor After discussion, a motion was made by Scott Butler, seconded by Chuck Jonaitis, to recommend approval of the request (Ordinance TA 24-05) to add auto parts as a permitted use in C-2, but with text indicating "no services" and that the tire store be separately listed and continue to be  service in C-2.  against the application. The public hearing was closed.  prohibited in C-2, as follows (Table 4.3 Excerpt):  Use Tire store  C-2 "P" "X"  Auto parts store (no services)  The motion passed unanimously (6-0).  Discussion item: City of Hoschton Future Land Use Plan Map (August 13, 2024). Weitzi indicated this matter had already been before the commission and city council, and the proposal had been authorized by both to be sent for required regional and state review. He indicated that prior to this map update, the base map for the city had not been updated for more than two years, and he was not comfortable sending it for review until the map changes were entered into Geographic Information Systems (GIS) and everyone could see the exact changes There was discussion among the commission members. A question was asked about the planned unit development (PUD) category. Weitz indicated that the PUD category still appeared in the legend on the map but that the revised future land use plan map would reclassify all previously classified planned unit developments as ai residential classification. He also indicated there wasa need to make a correction to remove PUD from the future land use legend and also to make additional changes to the text of the land use element to reflect these map changes. There was consensus among commission members toj proceed with sending the draft map to city council, with additional changes to the text as necessary to accompany the land use plan map and to proceed with the regional and state review process once those changes had been made and  made.  presented to City Council.  3    Minutes, August 28, 2024, Hoschton Planning and Zoning Commission  Discussion item: Georgia Department ofTransportation Braselton-Hoschton Area Mobility Weitz indicated he prepared a memo summarizing the transportation study that was a part oft the commission' s package. He summarized the study as including system improvements, and SR53 operational improvements. System improvements called for widening of SR 211 to SR 124, and widening of SR 124 from SR 211 to SR 332. Also, there is a proposal for an extension of SR6 60 from the proposed interchange at Interstate 85 and SR 60 through a roundabout at SR 124/end of SR 60 and ai road improvement utilizing Sam Freeman Road to SR: 332. From SR: 332, the SR6 60 extension would follow the path more or less of] Indian Creek Road and would join Jackson Trail Road at about the city limit line, then terminate at SR 53. Operational projects included mostly proposals for signalization at key intersections with SR: 53 but also involved the designation of Towne Center Parkway as SR 332 and removing that designation from Pendergrass Road Weitz indicated that he did not agree with aj proposal in the study that called for realigning Towne Center Parkway sO that it would intersect directly with Industrial Boulevard. He said that development proposals had already been approved for property at Industrial and SR: 53, and that the Kroger Marketplace project contemplated a use at the southeast corner of SR 53 and Towne Center Parkway that would be affected by such a proposal. Weitz said the project suggestions were recommendations only, and that they were not being asked to adopt the projects as plans. Hei indicated further that Jackson County was undertaking a five-year update ofi its countywide transportation plan, and that the city had been approved for funding to undertake its own transportation plan. Formal decisions about projects would be made as part of those efforts. The commission discussed the study and summary. Scott Butler noted that there were several development projects approved in the city that were not recognized in the study. He was concerned about the study underestimating the real traffic impacts the city would soon experience. Weitz responded that he also noted some deficiencies in terms oft the study (i.e.,its failure to incorporate significant developments approved). He indicated that the study assumed an annual increase in traffic of1.57 percent, and that short term increases in traffic would probably be more: in the magnitude of5 or even 10 percent. It was asked whether the city should request revisions with better data. Weitz replied that because the study had a May 2024 date that itwas unlikely to be revised, and that any revisions were probably unlikely to change the study Scott Butler noted that the study also discussed a proposal, in addition to the SR 60 extension proposal to SR 53, to extend SR 60 along SR 53 through the City ofHoschton to Peachtree Road, then utilize Peachtree Road (in the city limits) and Covered Bridge Road to SR 211. Weitz clarified that this was an alternative that was specifically identified and evaluated in the study but There was no need for action on the part ofthe commission, and no specific action was taken on  Study Final Report, May 31,2024  between Towne Center Parkway and SR53.  conclusions.  had not been recommended in the study.  this agenda item.  4    Minutes, August 28, 2024, Hoschton Planning and Zoning Commission  Other Business ordinance.  It was noted that the commission members needed to receive a printed copy of the zoning There being no other business, the chair declared the meeting was adjourned at 7:20 p.m.  Respectfully submitted, Buyk Wuit  Jerry Weitz, Consulting Planner  Approved by the Commission:  Christine Moody, Chair  CAUserseny Weit-DecumenusConsaling, 20217 7-12-241Hoschonz 202/Plamning Commission2 20241AgentasAugus? FPlamingaZominglery,' Weitz2 2020Planning Commission2 2024MimvicaHoehonP21 Minutes8 8-28-24.docx  PZM Mimues8-28-4.docx  5