CITY OF HOSCHTON CITY COUNCIL THURSDAV,ANUARY9, 2025 AT6 6:00PM HOSCHTON COMMUNITY CENTER 65 CITYS SQUARE, HOSCHTON H HOSCHTON PUBLIC HEARING AGENDA WELCOME AND CALLTO ORDER INVOCATION/ MOMENT OF SILENCE PLEDGE OF ALLEGIANCE AGENDA APPROVAL NEW BUSINESS 1. CU-24-01 Conditional Use: Frank Pittman, applicant, Christian Stewart and Ashishumar Patel, property owners, seek a conditional use permit for a day care center in an MU, Mixed-Use Zoning Districti for 2.0 acres (part of Map/Parcel 119/004N1,fronting on the south side of Eagles BluffWay and the west side of SR 53. [Consulting City Planner Recommendation: Approval, Conditional; Planning & Zoning Commission Recommendation: Approval, with Revised Conditions] ADJOURN CITY OF HOSCHTON, GEORGIA ZONING ADMINISTRATORS REPORT TO: FROM: DATE OF REPORT: SUBJECT REQUEST: HOSCHTON Hoschton Planning & Zoning Commission Honorable Mayor and City Council, City of Hoschton Jerry Weitz, Consulting City Planner December 11, 2024 district) CU 24-01: conditional use for day care center in MU zoning PLANNING COMMISSION: December 18, 2024 @ 6:00 p.m. (public hearing) CITY COUNCIL HEARING: January 9, 2025 @ 6:00 p.m. VOTING SESSION: APPLICANT: OWNER(S): LOCATION: PARCEL(S): #: ACREAGE: EXISTING LAND USE: PROPOSED USE: January 24, 2025 @ 6:00 p.m. Frank Pittman, PE Christian Stewart and Ashishumar Patel Fronting on the south side of Eagles Bluff Way and the west side ofSR53 Part of 119/ 004N1 2.00 Vacant/undeveloped Day care center SURROUNDING LAND USE. AND ZONING: North: East: South: West: (across Eagles Bluff Way): Park (City of Hoschton), INST (across SR 53), vacant, C-2 (General Commercial Highway Oriented District); apartments, MFR (Multiple-Family Residential Vacant, C-3 (Commercial Motor Vehicle Service and Repair District), conditional (Z-23-07) (approved for car wash) Fee simple townhouses, MU (under construction) District) RECOMMENDATION: Approval, Conditional 1 CU-24-01 Day Care Centeri in MU Zoning District 119- 119A COM6 0041 019 H02 Aerial Photograph/Tax Map (site is part of parcel) BACKGROUND AND APPLICATION SUMMARY The subject property is part of the Creekside Village project, which includes detached single- family homes and which originally included C-2 (highway commercial) zoning and uses proposed between the subdivision and SR 53. An MU zoning district was created via text amendment to the zoning ordinance, and in 2019 all of the property between Creekside Village subdivision and SR 53 was rezoned to MU. The MU: zoning district when created authorized fee simple townhouses as well as various neighborhood commercial uses. 2 CU-24-01 Day Care Center in MU Zoning District This application follows a text amendment, applied for by the applicant and approved by City Council (Ordinance TA-2024-06 adopted October, 2024), to allow day care centers as conditional uses in the MU: zoning district. The applicant wanted day care to be a permitted use and applied for the text amendment that way; Council subsequently approved thet text amendment authorizing day care centers as "conditional" rather than permitted uses in the MU The applicant now seeks approval of a conditional use permit for a day care center in an MU (Mixed-Use) zoning district. The site consists of 2.00 acres fronting on the south side of Eagles Bluff Way and with frontage on the west side of SR5 53. The western part of the MU zoning district has been divided and final platted for fee-simple townhomes (i.e., Creekside Village Townhouses). The parcel to the south was rezoned from MU to C-31 for a car wash in 2023 (Z- A site plan and letter ofi intent are included as attachments to this report. Ont the 2-acre site, the applicant proposes 13,406 square feet of day care center building. The site plan also shows intent to construct a 4,000-square foot retail building on the site. Uses within the 4,000 square foot retail building would be limited tot those uses permitted in the MU zoning district. Note: The Planning Commission and City Council may adopt the findings and determinations of staff as written (provided below), or they may modify them. The commission or council may cite one or more of these in its own determinations, as it determines appropriate. Commission or council may modify the language provided here, as necessary, in articulating its own findings. Or, the commission and council can reject these findings and make its own determinations and findings for one or more oft the criteria provided below. Commission and Council do not need to address each and every criterion, but only those that are relevant to support their own determinations. Note: The applicant has addressed these findings (attached to this staff report); below Criteria Adopted int the Hoschton Zoning Ordinance (Section 8.03) are shown below followed by Whether the proposal will permit a use that is suitable in view of the use and zoning district. 2023-07) but it has not yet been constructed. STANDARDS GOVERNING EXERCISE OF ZONING POWER are consulting planner's findings. staff findings: development of adjacent and nearby property. Finding: The subject site is zoned for certain commercial uses. Uses permitted in MU include enclosed retail trade establishments, business service establishments less than 2,500 square feet in area, finance, insurance and real estate establishments, fitness centers, laundromats, offices, personal service establishments, and restaurants without drive-through windows, among others. The day care center proposed is a commercial use that is considered suitable at the subject location in view of other commercial uses permitted in the MU: zoning district and given approval of C-3zoningi to the south for a car wash. 3 CU-24-01 Day Care Centeri in MU Zoning District Whether the proposal will adversely affect the existing use or usability of adjacent or Finding: The subject property abuts fee-simple townhouse lots in the MUzoning district. There is no buffer requirement for commercial uses abutting fee-simple townhouses in the MU: zoning district. The existing/ proposed fee-simple townhouse buildings/ units will back up to a commercial access drive proposed on the subject property. When the townhouses were final platted and variances granted for that project, the townhouse project owner was required per Ordinance V-23-06 to construct a six-foot-high solid wooden fence or masonry wall and to plant evergreen trees sO as to provide some buffering and separation of the townhomes from future commercial development (the subject property and the proposed car wash to the south). That is about all that can be accomplished by way of buffer and separation between the townhouse units and the subject commercial property. While there is not much if anything else that can be done to separate the uses, the proposed day care center will generate traffic and noise visible and audible from the back yards of the townhouse units that could reduce the usability of the townhouse units. However, that is part of the concept behind the mixed use district as adopted, so that the two uses could be located in close proximity to one another. Also, any other commercial use permitted on the site is likely to have the same general impacts as would a day care center, with the possible exception of outside noise from children at play within the day Whether the property to be affected by the proposal has a reasonable economic use as Finding: As noted, a variety of commercial uses are permitted outright in the MU zoning district. Therefore, the subject property has a reasonable economic use as currently zoned, even ift the requested conditional use permit is not granted (does not support request). 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: The subject property will utilize Eagles Bluff Way as the principal access to and from the commercial property. There has been some public concern raised, in discussing the text amendment that made the day care center a conditional use in the MU zoning district, about all oft the traffic coming out onto Eagles Bluff Way. Per the application, the day care center is expected to generate 638 average daily vehicle trips; that figure does not include additional trips from the 4,000-square-foot retail building also proposed on the site. The applicant has indicated willingness to provide inter-parcel access to the car wash tract tot the south (currently controlled by the subject property owners). Some have advocated that some of the project's traffic be distributed to the south, through the car wash property, to SR5 53. The applicant previously provided al letter from the Georgia Department of Transportation, indicating that the state would (subject to thet typical requirements) authorize a right-out curb cut onto SR 53 (letter attached at the end oft this report). Provision of such inter-parcel connection and access to southbound SR would be desirable in terms of distributing some of the traffic and avoiding the swamping of traffic waiting to turn left or right from Eagles Bluff Way onto SR 53 northbound and southbound. Hence, without two means of access as described here, the proposed day care center and retail building could result in excessive or burdensome utilization of Eagles Bluff Way and its intersection with SR 53 (does not support request). That excessive or burdensome impact can be mitigated to some extent by requiring, as a condition of conditional use permit approval, that inter-parcel access be provided and another curb to SR 53 on the subject property or nearby property. care center. currently zoned. abutting property to the south (supports conditional approval). 4 CU-24-01 Day Care Center in MU: Zoning District 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. Finding: The city's future land use plan map, amended in 2024, shows the subject property as appropriate for commercial uses. The proposed day care center as a commercial usei is considered in conformity with the policy and intent of the comprehensive plan including the 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: Iti is important to emphasize that a number of commercial uses are permitted outright ont the subject property, and that they can be constructed without attention to mitigating traffic or noise impacts. Int that light, the conditional use permitting process offers the city an extra opportunity to mitigate concerns. However, the nature of such mitigation proposals should be proposed in the context that, for any use other than the day care center requested under the 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 subject property drains to the Creekside Village residential subdivision through the townhouse project and Eagles Bluff Way. The detention ponds in Creekside Village were sized to accommodate commercial development on the subject site. The area is not subject to flooding. Compliance with applicable codes will be required. Therefore, no adverse impacts on the environment, including soil erosion and sedimentation, flooding, drainage, and air and water quality are expected to occur ift the subject request is approved and day care center constructed future land use plan map (supports request). disapproval of the proposal. conditional use, no mitigation would be required (inconclusive). (supports request). CONCLUSION Although a day care center requires a conditional use permit to develop in the MU zoning district, the subject property is zoned for a variety of neignborhood-serving commercial uses that are allowed outright and the impacts for which would not be mitigated. The proposed day care center is considered appropriate for the site, given that many other neighborhood commercial uses can also be constructed on the site, ifiti is developed subject to the recommended conditions of approval. Those other uses include a hotel. Approval with conditions is therefore recommended. A number of conditions are recommended if this request is approved. 5 CU-24-01 Day Care Center in MU Zoning District RECOMMENDED CONDITIONS OF APPROVAL Ift this conditional use permit application is approved, it should be approved CONDITIONAL, 1. Access. The owner/ developer shall construct at two-way driveway, no less than 24 feet wide, connecting Eagles Bluff Way tot the south property line of the 2-acre tract and shall authorize and provide inter-parcel access to the tract to the south (1.38 acres, part of 2. Second access. The subject property shall provide a second means of access to SR 53 ina addition to the principal access onto Eagles BluffWay. That additional access is subject to approval of the Georgia Department of Transportation and may be provided either on the subject property or on the abutting property to the south (1.38 acres, part of Map/ Parcel 119/004N1, approved for a car wash) if that property owner authorizes such 3. Building height. Building height on the subject property shall bel limited to two stories 4. Hours of operation limitations. Any establishment authorized on the subject property shall not be open 24 hours a day, and all outdoor activities shall cease by no later than 5. Dumpster service. Servicing of dumpsters (emptying) shall not occur between the 6. State route improvements. If an additional access driveway is authorized by the Georgia Department of Transportation to/from the subject property onto SR 53, the owner/ developer shall install road improvements specified by GDOT as a condition of 7. Exterior building material finishes. All buildings on the subject property shall be finished on all sides with exterior building material finishes consistent with Article V of the 8. Sidewalk. A five-foot-wide sidewalk shall bei installed along the entire property frontage ofE Eagles Bluff Way, prior to issuance of a certificate of occupancy for any building on the subject property. Ifnecessary to construct said sidewalk in the right of way, the ownerl developer shall dedicate at no cost to the City additional right of way along the entire property frontage on the south side of Eagles Bluff Way prior to issuance ofa 9. Multi-use path. The ownerldeveloper shall construct an eight-foot-wide multi-use path along the entire property frontage along SR 53 as approved by the Georgia Department ofT Transportation and the zoning administrator, prior to issuance of a certificate of subject toi the owner's agreement to abide by the following conditions: Mapl Parcel 119/004N1, approved for a car wash). access. and 40 feet. 11:00 p.m. hours of 11:00 p.m. and 7:00 a.m. such driveway or encroachment authorization. zoning ordinance. certificate of occupancy for any building on the subject property. occupancy for any building on the subject property. 6 CU-24-01 Day Care Center inl MU Zoning District 10. State permit. A copy oft the state-issued permit, required per Rules for Child Care Learning Centers, Chapter 591-1-1, Georgia Department of Early Care and Learning, updated March 16, 2014, as may be amended from time to time, for the day care center shall be submitted tot the: zoning administrator prior to the commencement of operations. 7 CU-24-01 Day Care Center in MU Zoning District Conditional Use Application, City ofHoschton, GA (continued) CONDITIONAL USE DECISION CRITERIA Per Section 8.04 of the Hoschton Zoning Ordinance, the following criteria are applicable to decisions on conditional uses. The applicant is urged but not required to substantiate the request by responding to these criteria which provide reasons for approving the application: (a) Whether the proposal will permit a use that is suitable in view of the use and Response: The proposed use ofa daycare facility iss similar to and fits with the development ofadjacent and nearby property. adjacent public school. It is also suitable to offer services to the adjacent townhome development. (b) Whether the proposal will adversely affect the existing use or usability of adjacent or nearby property. Response: It will not adversely affect the usability of adjacent properties. It fits with the development patterns in the: area. (c) Whether the property to be affected by the proposal has a reasonable economic use asc currently zoned. Response: The uses allowed by right in the MU: zoning are not usest that are reasonable for this location. The proposed daycare facility is reasonable being adjacent to a school and high density residential. (d) Whether the proposal will result in a use which will or could cause an excessive or burdensome use ofexisting streets, transportation facilities, utilities, or schools. Response: A daycare facility is not al high traffic nor utilities use and it does not put kids int the school system. Itisas service use for existing residents. 8 CU-24-01 Day Care Centeri in MU Zoning District Conditlonal L'se Application, City of Hoschton, GA (continued) (e) Whether the proposal is in conformity with the policy and intent oft the comprehensive plan including the character area map and/or futurel land use plan Response: The future land use plan map depicts this parcel as commercial which map. would make this proposal in conformity with the intent of the comp plan and FLU map. () Whether there are other existing or changing conditions affecting the use and development of the property which gives supporting grounds for either approval or Response: More dense single family residential property is being developedi in the disapproval of the proposal. vicinity ofthis parcel which leads itselft to more young families in the area. This makes this site ideal for a daycare facility to service these young families. (g) Whether the proposal would create an isolated zoning district unrelated to adjacent Response: This proposal is nott to rezone the parcel from it's existing zoning class but to and nearby districts. request a Conditional Use Permit for the development ofa daycare facility which would be similar to the school and other uses in the area. (h) Whether the proposal would have an impact on the environment, including but not limited to, drainage, soil erosion ands sedimentation, flooding, air quality and water Response: The proposal would have more greenspace than other commercial uses quality. that could be developed on this parcel. There is no adverse impact ont the environment. All local and state guidelines for erosion control and stormwater management will be followed. 9 CU-24-01 Day Care Center in MU Zoning District HOSCHTON DAYCARE - CREEKSIDE VILLAGE COMMERCIAL CONDITIONAL USE REQUEST: SUBMITED10/31/2024 GENERAL DATA Property Address: OHwy! 53 - Portion of Parcel 1190 004N1 (Tract 2Af from admin subd plat) Owner: Christian Stewart, Whitworth Realty Adv & Ashishumar Patel Proposed Use requiring Conditional Use: Daycare Facility in MU: Zoning Existing Zoning: MU (Mixed Use) Property Area: 2.00a acres ADJACENT LAND USES AND: ZONING North - Eagles Bluff Way West- - Creekside Village Townhomes East - GAH Hwy! 53 South - undeveloped parcel (C-3Zoning) OWNERSHIP TYPE Property will be developed by Peach State Daycare, an Oconee County business entity. SITE AND CONDITIONAL USE REQUESTI NARRATIVE Thet total property consists ofa approximately: 2.00 acres andi is currently zone MU andi is undeveloped. Access isf from Eagles Bluff Way via an existing curbo cut anda acces/utilitydrainage easement. The surrounding area has grown with adjacent properties consisting of townhomes, parks, and public schools. This planned daycare would provide a much needed facility tos serve these adjacent young Thej propertyi is located at Hwy! 53 and Eagles Bluff Wayi int the City of Hoschton. The requested The propertyi is comprised of 2.00 acres andi ist the commercial component of the Creekside Commons The proposed development would consist ofa daycare facility. The architecture will consist of brick, wood, and hardiplank siding with colors and: styles to match their otheri facilities. See provided The proposed building would be upt to at totald of 13,406s sf. Thei facility would have outdoor playground families' needs. SITE DESCRIPTION Conditional Use request isi inl keeping with the surrounding uses. PROPOSED BUILDINGS, ARCHITECTURE, ANDI MATERIALS architectural images for the look of thel building. andr meet alls state requirements for ac daycare facility. development. ACCESS TRAFFICIMPACT Access will bei from Eagles Bluff Way via an existing access easement. 10 CU-24-01 Day Care Center in MU Zoning District Pert the Institute of Transportation Engineers, Trip Generation, 11hE Edition (TEI Manual), the proposed development does not generate the 1,0001 trips per day thati is required to trigger a Traffic Impact Analysis. Projected trips are as follows: WATER SUPPLY SEWAGE DISPOSAL GARBAGE COLLECTION Day Care Facility (Use Code 565) - 13,406s sf = 638A ADT Water will be provided by municipal water supply. Sewage disposal will be provided by municipal sewer. from view per the City ofH Hoschton requirements. Garbage collection willl be handled by private contractor via dumpsters. Dumpsters willl be shielded UTILITIES Electricity and Data will be provided by power/data providers int the area. STORMWATER MANAGEMENT ANDI DRAINAGE This project will utilize the existing stormwater pond to manage: stormwater management per the City of Hoschton Stormwater Ordinance. To convey stormwater tot the pond, curba and gutter along with RCP, CMP, or HDPE stormpipe will be utilized to carry the stormwater runoff tot thes system. There will not ane effect ont the: school system ast the DayCare will not cause families to move into the Once Conditional Usei is approved ine early 20251 then site development plans willl be created and permitted tol begin construction int thel late of 2025. The project willl be builti in one phase. The project will have signage that will meet the City of Hoschton sign ordinance andl be permitted MPACTTOSCOOLSTSTEMA community. PROIECTSCHEDUIE SIGNAGE through the sign permit process. LANDSCAPING & BUFFERS Landscape strips, parking lot buffers, and parking lot tree plantings willl bei installedi in accordance with the City ofH Hoschton Landscape Ordinance. PARKING Parking willl be provided onsite tor meett the City of Hoschtonregurements. ESTIMATED VALUE OF PROJECT 11 CU-24-01 Day Care Center inl MU Zoning District The complete expansion of the project is estimated tol be valued at $3,000,000. REPRESENTATIVE, ARCHITECTURE 12 CU-24-01 Day Care Center in MU Zoning District Recorded Plat 13 CU-24-01 Day Care Center in MU Zoning District TOPA124 HVN9OS8 EAGLESBLUFFW WAY (RAWA ANDY WIDTHY VARIES) Site Plan Excerpt 14 CU-24-01 Day Care Center in MU Zoning District 1/2"RB PO.B. TRACT3 12RB N89'50'13W 1/2-RB 12"RB 137.06 N89"50'13"W/ 33.63 Site Plan for Car Wash to South of Subject Property (Z-23-07) 15 CU-24-01 Day Care Center in! MU Zoning District Russell R. McMurry, P.E., Commissioner One Georgia Center 600 West Peachtree Street, NW Allanta, GA 30308 (404)6 631-1000 Main Office GDOT Georgla Departmont oft ransportalion 10/22/2024 Whitworth. Realty ATTN: Christian! Stewart and Ashishumar Patel 35051 River Birch Loop Jefferson, GA3 30549 Subject: Access to Property; Jackson County; Parcel Number:119004N1 To whomi itr may concer, Dependent upon with alll Department ofl Transportation: requirements inc effect at thet timez a permit is requested: and your compliance with: any current or future authorizations under Georgia Code 32-6-11, we will approvea a Right out Only ifa applicant mects all requirements. Please contact Veronica Chavers 770-533-8488 ifyoul have any questions. Sincerely, C Jonathan! Peevy, P.E. District' Traffic Engineer JP/AF CC: kemaywiliselit@gmilcom Page 1of1 16 MINUTES HOSCHTON PLANNING AND ZONING COMMISSION December 18, 2024 at 6:00 p.m. Hoschton Community Center 65City Square, Hoschton, GA,30548 I. Call to Order/Roll Call The meeting was called to order by Chair Moody at 6:00 p.m. Commissioners in Attendance (all): Ms. Christina Moody, Chair Mr. Geoffrey Horney Mr. Scott Butler Ms. Brenda Stokes Mr. Ace. Acevedo, Vice Chair Mr. Chuck Jonaitis Mr. Tom Vivelo Staff Present: Ms. Jen Williams, Asst. City Clerk Mr. Hu Blackstock, Planning / Inspector Dr. Jerry Weitz, Consulting Planner II. Recognitions: Mayor Martin, Councimember Tina Brown and Councimember Dave Brown were in attendance and were recognized. III. Pledge of Allegiance The pledge was led by Chair Moody. IV. Moment of Silence for Individual Prayer and Self-Reflection Chair Moody called for individual prayer and self-reflection. V. Approval of Minutes Minutes of the November 20, 2024, meeting were reviewed. A motion to approve as presented was made by Tom Vivelo, seconded by Geoffrey Horney, and passed unanimously (7-0). 1 Minutes, December 18, 2024, Hoschton Planning & Zoning Commission VI. Public Comment (5-minute time limit) (for items unrelated to public hearings on agenda items) (sign-in required) No public comments were made. VII. New Business - Public Hearings CU-24-01 Conditional Use: Frank Pittman, applicant, Christian Stewart and Ashishumar Patel, property owners, seek a conditional use permit for a day care center in an MU, Mixed-Use Zoning District for 2.0 acres (part ofl Map/Parcl119/004NI)fronting on the south side of Eagles Bluff Way and the west side of SR 53. [consulting, planner recommendation: approval, conditional) Frank Pittman was present to explain the application. He represents a day care group out of Watkinsville. He indicated there are many commercial uses allowed outright ini the MUz zoning district and that it was appropriate tol have a day care center constructed on the site. Mr. Pittman indicated the site plan shows 13,406 square feet of day care center and a 4,000 square foot retail center which is a placeholder for the leftover land on the tract. No one else spoke in favor. There was no one to speak in opposition to the request. The public hearing was closed. Commissioner Scott Butler indicated the project if approved would pose financial hardship on the city. He mentioned traffic studies that have exponential increases in traffic including p.m. peak conditions. According to the mobility study for Braselton-Hoschton, several intersections along SR 53 are operating at levels ofs service "E" and "F" currently. Mr. Butler stated that the car wash proposed on the site to the south was spot zoned and that other commercial uses would not have the same peak hour traffic as the day care center. A hotel would generate taxes. At traffic signal ifneeded at Eagles Bluff Way and SR 53 would be costly. The day care center would add 600+ cars on Eagles Bluff Way, in addition to traffic from 144 single-family homes and 30 or SO fee simple townhomes. Mr. Butler also addressed the letter from Georgia Department of Transportation that was made aj part oft the consulting planner's report. He indicated that GDOT felt differently now about possible required road improvements once it was made evident to them that a day care center was also proposed. Mr. Butler indicated a study was need with regard to turn lanes, that GDOT: mentioned the need for a crash analysis, and that he could not support the project without driveway and crash analyses submitted by a traffic engineer in a study paid for Commissioner Ace Acevedo also discussed the access issues for the day care center, inj particular who would build additional access to SR 53 and the timing for construction. Frank Pittman indicated he didn'tthink ai right out driveway onto SR 53 would help that much and that it may not be a benefit. Mr. Pittman indicated he believed his client would be willing to do a traffic study of the type requested but that the conditional use permit would need to go forward and the study would be a condition of conditional use approval. Also, any recommendations ofs such a study could become conditions ofapproval of a land disturbance/development permit. Consulting planner Weitz indicated that he liked Council member David Brown's idea of using the triangle of! property owned by the city at the intersection of Main Street, SR 53, and West by the applicant. 2 Minutes, December 18, 2024, Hoschton Planning & Zoning Commission Jefferson Street. Making some such arrangement: might distribute traffic from the area better than There was discussion among the members about wording of conditions and additional conditions. A motion was made by Chuck Jonaitis, seconded by Geoffrey Horney, and passed unanimously (7-0) to approve the conditional use permit application with the any right out driveway onto SR53. following conditions: 1. Access. The owner/ developer shall construct a two-way driveway, no less than 24 feet wide, connecting Eagles Bluff Way to the south property line oft the 2-acre tract and shall authorize and provide inter-parcel access to the tract to the south (1.38 acres, part ofl Map/ Parcel 119/004N1, approved for a car wash). 2. [condition removed]. and 40 feet. 3. Building height. Building height on the subject property shall be limited to two stories 4. Hours of operation limitations. Any establishment authorized on the subject property shall not be open 24 hours a day, and all outdoor activities shall cease by no later than 5. Dumpster service. Servicing of dumpsters (emptying) shall not occur between the hours 6. State route improvements. If an additional access driveway is authorized by the Georgia Department ofTransportation to/from the subject property onto SR 53, the owner/ developer shall install road improvements specified by GDOT as a condition of such 7. Exterior building material finishes. All buildings on the subject property shall be finished on all sides with exterior building material finishes consistent with. Article V of 8. Sidewalk. A five-foot-wide sidewalk shall be installed along the entire property frontage of] Eagles Bluff Way, prior to issuance ofa certificate of occupancy for any building on the subject property. If necessary to construct said sidewalk in the right of way, the owner/ developer shall dedicate at no cost to the City additional right of way along the entire property frontage on the south side of] Eagles Bluff Way prior to issuance ofa 9. Multi-use path. The owner/developer shall construct an eight-foot-wide multi-use path along the entire property frontage along SR 53 as approved by the Georgia Department of Transportation and the zoning administrator, prior to issuance ofa certificate of 11:00 p.m. of11:00 p.m. and 7:00a.m. driveway or encroachment authorization. the zoning ordinance. certificate of occupancy for any building on the subject property. occupancy for any building on the subject property. 3 Minutes, December 18, 2024, Hoschton Planning & Zoning Commission 10. State permit. A copy of the state-issued permit, required per Rules for Child Care Learning Centers, Chapter 591-1-1, Georgia Department of Early Care and Learning, updated March 16, 2014, as may be amended from time to time, for the day care center shall be submitted to the zoning administrator prior to the commencement of operations. 11.7 Traffic study. The applicant shall be required to provide a traffic study prepared by a traffic engineer including crash analysis. Recommendations oft the study will become requirements of development permit approval. 12. Parking lot traffic. There shall be one-way traffic flow ini the parking lot. Z-24-03 Annexation and Zoning: JTG Holdings, LLC, applicant, Ida Cook Charitable Trust by Ida Cook, Trustee, property owner, seeks annexation and R-3 (Single Family Moderate Density Residential District) zoning for 16.177 acres (part of Map/Parcel 112/035) fronting on the north side of Maddox Road across from Stanford Way. Proposed use: Detached, single-family residential subdivision (37 lots). [consulting planner recommendation: denial ofannexation; conditional approval of R-3 zoning ifannexed] Alex Mitchem with LJA Engineers was present to explain the application. He stated his client is doing the subdivision to the west. The client had requested annexation into Braselton but that request was denied. He also stated, in response to the point made about possible lack of sewer capacity inl Hoschton, that the project might be served by Braselton in terms of water and sewer Mr. Randall Cathey, 1127 Maddox Road, spoke in opposition to the application. He noted he wanted to be sure. his access easement was retained.. An access easement is shown on the site plan. Mr. Cathey indicted he did not want the driveway tol have stormwater in it and that the driveway needed to drain onto the subject property rather than his property. He also indicated he ifdesired. No one else spoke in favor. would like to have a 50-foot-wide buffer abutting his property. No one else spoke in opposition. The public hearing was closed. The planning commission discussed the applications for annexation and zoning. One issue was who would own the water and sewer lines ifl Braselton served the project. Planner Weitz responded that ifannexed and the subdivision is built the lines ini the streets would be owned by the city ofl Hoschton even ifBraselton treated the sewage effluent from the subdivision. Commissioner Ace Acevedo stated he would like to see the minimum house size increased to 1,800 square feet. Also, he proposed that garages be wide (18 feet width by 24 feet in depth). Commissioner Scott Butler indicated that the annexation ifapproved would generate little Weitz indicated that the motion on annexation should be addressed first and separate from the zoning. Then, ift the recommendation was to approve the annexation, the planning commission revenue. could address further the zoning issue. 4 Minutes, December 18, 2024, Hoschton Planning & Zoning Commission Amotion was made by Scott Butler, seconded by Tom Vivelo, and passed unanimously (7-0), to recommend denial oft the annexation application. Because oft the recommendation to deny the annexation, the commission made no recommendation on the zoning. VIII. Other Business Discussion of Hoschton Sign Ordinance Commissioner. Ace. Acevedo provided a list ofs suggested considerations in amending the sign ordinance. He discussed several oft them, including a desire to restrict signs within 1501 feet ofa crosswalk, the need toj prohibit violence and hate in advertising, to prohibit hand-written sign copy, and tol limit signs on vacant properties. Commissioner Scott Butler indicated there was no cohesive plan to benefit business signage and that additional (city sponsored) advertising might be a better benefit to businesses. Commissioner Chuck Jonaitis indicated that he had: received and reviewed Forsyth County's sign ordinance and that he would make it available if anyone The recommendations made by the commission can be further considered in future sign code wanted to see it. amendment efforts. IX. Adjournment. The meeting was adjourned at 7:49 p.m. Respectfully submitted, By Wait Jerry Weitz, Consulting Planner Approved by the Commission: Christine Moody, Chair FAPlanningaz ZoningJery Weitz2 2020Planning Commission2 2024Minutesloschon: PZMINUTES 12-18-24.docx 5 Jen Williams From: Sent: To: Subject: CM-24-01 Planning Jen Williams Wednesday, December 18, 20241:51 PM FW: Proposed additional condition for daycare Please print for inclusion in PZ packages. Jerry Weitz, PhD, FAICP, Consulting City Planner 61 City Square Hoschton, GA3 30548 planning@cityothoschton.com Office Phone: 706-654-3034 City of Hoschton From: Christina Brown cbrown@cityothoschton.com> Sent: Wednesday, December 18, 20249:13AM Subject: Proposed additional condition for daycare To: scott blythemedical.com <scott@blythemedical.com>; Planning planning@cityotnoscnton.com> Good morning, Ihave been advised that the best way to provide input to P&Zi is directly. While lam not advocating for or against the proposed daycare you will be discussing tonight, Iwould like to encourage the inclusion of conditions for safety for the proposed daycare facility. lam very concerned about the close proximity to Hwy 53. One suggestion I had is thata a barrier wall along Hwy 53 be added as a condition. In looking at the Site Plan Excerpt, Ib believe there is a retaining wall included. Would it be wise to spell this outi int the conditions to avoid the possibility ofl losing that safety measure?. Also, within the condition, we could ensure block construction, sufficient height, etc. Thanks for your consideration, Tina Jen Williams From: Sent: To: Cc: Subject: CM-24-01 Planning Wednesday, December 18, 20247:21 AM Jen' Williams PitmanePtmangeercom FW: 53 proposal at Eagle Bluff Correspondence that should become part of the record. Jerry Weitz, PhD, FAICP, Consulting City Planner 61 City Square Hoschton, GA30548 planning@cityotnoschton.com Office Phone: 706-654-3034 City of Hoschton From: scott blythemedical.com <scott@blythemedical.com> Sent: Monday, December16,: 20244:33PM Subject: Fwd: 53 proposal at Eagle Bluff To: Jerry Weitz wetzebelsoutr.neb; Planning planning@cityofhoschton.com> Jerry, lam deeply concerned about the safety of the citizens traveling on Hwy. 53 regarding this development. Itappears the applicant is misleading the city regarding the exit to 53. Iwill have many questions Wednesday. Scott Begin forwarded message: From: "Peevy, Jonathan" peew/@dotga.gove Subject: RE: 53 proposal at Eagle Bluff Date: December 16, 2024 at4:19:35 PM EST To: scott blythemedical.com <scot(@blythemedical.com> Scott, Based on the site, we would want a study to. just confirm what would be needed at Eagles Bluff. It appears that the turn lanes are already the required length needed for the speed limit, but a crash analysis mays yield al little more be needed. We did previously agree to an exit only ati the end of the car wash lot, but that was prior to knowing that a day care and retail site was going on the property as well. Jonathan Peevy, P.E. District Traffic Engineer 1 CITY OF HOSCHTON STATE OF GEORGIA ORDINANCE NO. CU-24-01 AN ORDINANCE APPROVING A CONDITIONAL USEI PERMIT PURSUANT1 TOTHE WHEREAS, Frank Pittman, applicant, Christian Stewart and Ashishumar Patel, property owners, has filed a complete application for a conditional use permit for a day care center in an MU (Mixed-Use District) zoning district for 2.00 acres fronting on the south side of Eagles Bluff WHEREAS, the Property for which a conditional use permit is sought consists ofall that tract or parcel ofland lying and being in Jackson County Georgia, as described ini more detail in Exhibit WHEREAS, the City Council oft the City of Hoschton has authority pursuant to the Hoschton WHEREAS, the city's zoning administrator has prepared a report evaluating the criteria for conditional use permitting decisions as they pertain to the requested zoning; and WHEREAS, the Hoschton Planning and Zoning Commission and Hoschton City Council held advertised public hearings on the application, and the city has complied with all applicable laws WHEREAS, it has been determined by the City Council that it is desirable, necessary and within HOSCHTON ZONING ORDINANCE AND FOR OTHER PURPOSES Way and the west side of SR 53 (part ofl Map/Parcel 119/ 004N1); and Av which by reference is incorporated herein; and Zoning Ordinance to approve conditional use permits; and and ordinances with respect to the processing of such application; and the public'si interest to approve the conditional use permit request; NOW, THEREFORE, ITI ISI HEREBY ORDAINED BY THE GOVERNING AUTHORITY OF THE CITY OF HOSCHTON AS FOLLOWS: Section 1. A conditional use permit for a day care center in an MU (Mixed-Use) zoning district isa approved for property legally described inl Exhibit A attached to this ordinance, with conditions, subject to conditions described in Exhibit B attached to this ordinance. Section 2. The City Clerk is hereby directed to amend the Official Zoning Map to reflect the zoning classification of the subject property to show the conditional use permit designation. Ordinance CU-24-01 So ORDAINED this 21st day of January, 2025. Debbie Martin, Mayor This is to certify that I 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: Jen Williams, Asst. City Clerk Approved as to Form: Abbott S. Hayes, Jr., City Attorney 2 Ordinance CU-24-01 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY REZONED All that tract or parcel of land lying and being in Jackson County, Georgia, described by the All that tract, or parcel of land, together with alli improvements thereon, containing 2.00 acres, more or less, lying and beingi int the 1407th District, G.M., Jackson County, Georgia, and being more particularly described as Beginning at an iron pin at thei intersection of the westerly right-of-way of GAI Highway 53 and the southerly right-of-way of Eagles Bluff Way, said iron pin being the POINT OF BEGINNING; thence alongt the right-of way of GAI Highway 53 South 00 degrees 19r minutes 15 seconds West, 7.791 feet to an iron pin; thence South 00 degrees 21 minutes 55 seconds West, 136.901 feet to ap point; thence South 02 degrees 59 minutes 21 seconds East, 195.02 feet to a point; thence South 12 degrees 241 minutes 27 seconds West, 70.671 feet to ani iron pin; thence North 89 degrees 17 minutes 20 seconds West, 207.821 feett to an iron pin; thence North 00 degrees 43 minutes 54 seconds East, 404.841 feet to ani iron pin; thence North 89 degrees 17 minutes 20 seconds West, 207.82 feet to a point; thence North 00 degrees 43 minutes 54 seconds East, 3.661 feet to an iron pin; thence South 89 degrees 17 minutes 20 seconds East, 208.53 feet tot the POINT OFE BEGINNING. Said tract being the same as Tract 2A on al Minor Final Plat for Creekside Village Commercial, by HRC Engineers following metes and bounds: follows: dated 09/30/2024: and recordedi in Plat Book 00088, page 0222. A copy ofs said recorded minor final plat is attached to this Exhibit A. Also known as part ofl Map/Parcel 119/004N1, records of the. Jackson County Tax Assessor,. 3 Ordinance CU-24-01 LOCATION MAP HRC CREEKSIDE VILLAGE COMMERCIAL 4 Ordinance CU-24-01 EXHIBIT B CONDITIONS OF CONDITIONAL USE PERMIT APPROVAL 1. Access. The owner/ developer shall construct. a two-way driveway, no less than 24: feet wide, connecting Eagles Bluff Way to the south property line ofthe 2-acre tract and shall authorize and provide inter-parcel access to the tract to the south (1.38 acres, part ofl Map/ Parcel 119/004N1, approved for a car wash). 2. [condition removed]. and 40: feet. 3. Building height. Building height on1 the subject property shall be limited to two stories 4. Hours of operation limitations. Any establishment authorized on the subject property shall not be open 24 hours a day, and all outdoor activities shall cease by no later than 5. Dumpster service. Servicing of dumpsters (emptying) shall not occur between thel hours 6. State route improvements. If an additional access driveway is authorized by the Georgia Department of Transportation to/from the subject property onto SR5 53, the owner/ developer shall install road improvements specified by GDOT as a condition of 7. Exterior building material finishes. All buildings on the subject property shall be finished on all sides with exterior building material finishes consistent with Article V of 8. Sidewalk. A five-foot-wide sidewalk shall be installed along the entire property frontage ofEagles Bluff Way, prior to issuance ofa certificate of occupancy for any building on the subject property. Ifnecessary to construct said sidewalk in the right of way, the owner/ developer shall dedicate at no cost to the City additional right of way along the entire property frontage on the south side of] Eagles Bluff Way prior to issuance ofa 9. Multi-use path. The owner/developer shall construct an eight-foot-wide multi-use path along the entire property frontage along SR 53 as approved by the Georgia Department of Transportation and the zoning administrator, prior to issuance ofa certificate of 10. State permit. A copy oft the state-issued permit, required per Rules for Child Care Learning Centers, Chapter 591-1-1, Georgia Department of] Early Care and Learning, updated March 16, 2014, as may be amended from time tot time, for the day care center shall be submitted to the zoning administrator prior to the commencement of operations. 11:00 p.m. of11:00 p.m. and 7:00 a.m. such driveway or encroachment authorization. the zoning ordinance. certificate of occupancy for any building on the subject property. occupancy for any building on the subject property. 5 Ordinance CU-24-01 11. Traffic study. The applicant shall be required toj provide a traffic study prepared by a traffic engineer including crash analysis. Recommendations oft the study will become requirements of development permit approval. 12. Parking lot traffic. There shall be one-way traffic flow in the parking lot. 6