e for the BV PUBLIC HEARING & REGULAR BUSINESS MEETING OF MAYOR AND COUNCIL CITY OF SNELLVILLE, GEORGIA MONDAY, FEBRUARY 10, 2025 Present: Mayor Barbara Bender, Mayor Pro Tem Tod Warner, Council Members Norman A. Carter Jr., Kerry Hetherington, Cristy Lenski, and Gretchen Schulz. Also present City Manager Matthew Pepper, Assistant City Manager Mercy Montgomery, City Attorney Tony Powell with Powell and Crowley, Capt. Zach Spahr, Planning and Development Director Jason Thompson, Public Information Officer Brian Arrington, and City Clerk Melisa Arnold. CALL TO ORDER Mayor Bender called the meeting to order at 7:31 p.m. INVOCATION Bobby Howard gave the invocation. PLEDGE TO THE FLAG Tony Powell led the Pledge of Allegiance. CEREMONIAL MATTERS Recognition ofOutgoing Snellville Tourism & Trade (STAT) Board Members STAT Executive Director Kelly McAloon recognized outgoing Board Member Liz Jackson. PRO 2025-04 - Go Red for Women: American Heart Month Mayor Bender read the proclamation into the record and presented it to Kimberly Goodloe. MINUTES Approve the Minutes ofthe January 27, 2025 Meetings and the January 30, 2025 Public Hearing Council Member Schulz made a motion to approve the minutes of January 27, 2025 Meetings and the January 30, 2025 Public Hearing, 2nd by Council Member Hetherington; voted 6 in favor and 0 opposed, motion approved. INVITED GUESTS None COMMITTEE / DEPARIMENT REPORTS None APPROVAL OF THE AGENDA Council Member Lenski made a motion to approve the agenda, 2nd by Council Member Carter; voted 6 in favor and BgpgPSABAUARA apVeistration Department 2342 Oak Road Snellville, GA 30078 770-985-3500 770-985-3525 Fax www.snellville.org PUBLICHEARING & REGULAR BUSINESS OF MAYOR AND COUNCIL MONDAY, FEBRUARY 10, 2025 PAGE TWO PUBLIC HIEARING 2nd Reading RZ 24-05 RZ 24-06 (ORD 2025-01) SUP 24-03 (ORD 2025-02) Consideration and Action on Applications by Parkland Communities, Inc. (Applicant) and Snellville Community Church, Inc. (Property Owner) Requesting: a) to Amend the Official Zoning Map From CI (Civic Institutional) District And TC-R (Towne Center Residential) District To TC-R (Towne Center Residential) District; b) a Special Use Permit; and c) Request for Variances from the Snellville Unified Development Ordinance for a pSiasisllowusesivle (Stacked Flat) Community on a 8.95t Acre Tract of the Snellville Community Church Campus, Located on Civic Drive Sw, Pate Street, and Henry Clower Boulevard, Snellville, Georgia (Tax Parcels 5026 051: 5026 177; and 5027 107). Additionally, the Applicant is also Requesting to Amend the Official Zoning Map from CI (Civic Institutional) District to BG (General Business) District on a 1.18: t Acre Tract oft the 7.77 Acre Total Site for a 14,000 Sq. Ft. Commercial Building for Adult Living/Day Care, Retail and Restaurant Uses Council Member Schulz announced that she is a member of Snellville Community Church but because has had no role in this project the City Attorney said she would not need to recuse herself. Mayor Bender announced that, since there were changes to the original development plans, she would be holding public comment again. Planning Director Thompson reviewed the changes that were done on the rendering labeled Final Zoning Exhibit 1-30-2025 by the applicant. He said that the Planning Department recommends approval with conditions and all but 2 variances. He then reviewed the variances requested: Variances: A. UDO Sec. 201-2.8. (Parking Locations): to allow vehicle parking between the building and street, including within driveways. B. UDO Sec. 205-1.11. (Vehicle Access and Parking Locations): to allow off-street parking not from an alley. C. UDO Sec. 201-2.8. (Floor to Ceiling Height): to reduce the minimum 9-feet floor to ceiling height for all stories to 8 feet. D. UDO Sec. 205-1.8.B. (Number of Driveways) to exceed more than one (1) driveway for every three-hundred (300) feet oft total road frontage or fraction thereof on Pate Street. E. UDO Sec. 206-3.1.F.2.E. (Towne Center Flat - Commercial Space Requirement): to allow off-site commercial space to meet vicinity commercial space requirement. Recommended denial of2 variances: Denial of variance (#1) from UDO Sec. 401-4.2. (Streetscapes Required - Sidewalk): to reduce the minimum 10-feet wide sidewalk width to 5-feet. Denial of variance (#2) from UDO Sec. 401-4.2. (Streetscapes Required - Planter): to reduce the minimum 5-feet wide planter width to 2-feet. Planning Director Thompson read the following conditions into the record: PUBLIC HEARING & REGULAR BUSINESS OF MAYOR AND COUNCIL 7 MONDAY, FEBRUARY 10, 2025 PAGE THREE Conditions: 1. The property shall be developed in general accordance with the conceptual rezoning site plan entitled "Final Zoning Exhibit Dated 1-30-25" (stamped received 1-31-2025) in Exhibit "E" and conceptual slackd-towphouse-syle (stacked flats) Bethany Park building elevations (stamped received Oct 16, 2024) in Exhibit "P" and The Shoppes at Bethany Park building elevations (stamped received Nov 8, 2024) in Exhibit "G", with modifications permitted to meet conditions of zoning or State, County, and City regulations. Substantial variation from the conceptual rezoning site plan, as determined by the Director of Planning and Development will require Mayor and Council approval, after submitting a Change in Conditions application and receiving recommendations by the Planning Department and Planning Commission. 2. All variances and conditions of zoning approved 4-22-2019 by the Mayor and City Council for rezoning case #RZ 19-01 (Ordinance No. 2019-06) and Special Use Permit approval for case #SUP 19-01 (Ordinance No. 2019-07) are hereby repealed. 3. Uses involving adult entertainment, including the sale or display of adult magazines, books, videos and as further defined by the Adult Entertainment Ordinance in effect on the date this condition is imposed, are prohibited. 4. Signs higher than 15 feet or larger than 225 square feet are prohibited. 5. Final building elevations for the commercial building shall be approved by Mayor and Council. 6. Dumpster enclosure design must comply with the current UDO standard at the time of permit issuance. Mayor and Council asked questions regarding a second rendering labeled Rendering for Option "A"- Alley dated 1-30-2025. Discussion followed regarding the second rendering. Jim Jacobi, Parkland Communities, Inc., 925 Northpoint Parkway, Alpharetta, Georgia was present and spoke about the 2 renderings and answered questions of the Mayor and Council. Mayor Bender opened the floor for public comment for those in favor of the project and no one came forward. Mayor Bender opened the floor for public comment for those in opposition to the project and no one came forward. Council Member Lenski made a motion to approve RZ 24-05 RZ 24-06 with reference to ORD 2025-01 with the following changes: The addition of variance K allowing exemption from 401-2.3(b) - Civic Space; To update Condition 1 to be in accordance with the conceptual plan entitled "Rendering for Concept Option "A" - Alley", dated 1-30-2025 (stamped received February 4, 2025); and the addition of 2 conditions: Condition 5: Mayor and Council will have final approval of the Commercial Building Elevation Architectural plans. PUBLIC HEARING & REGULAR BUSINESS OF MAYOR AND COUNCIL MONDAY, FEBRUARY 10, 2025 PAGE FOUR Condition 6: All dumpster enclosure designs built will be up to the Unified Development Ordinance (UDO) new standards at the time of the permit's issuance. The motion was seconded by Council Member Schulz, After discussion the motion was voted 6 in favor and 0 opposed, motion approved. (A copy of ORD 2025-01 is attached to and made a part ofthis record.) Council Member Lenski made a motion to approve SUP 24-03 with reference to ORD 2025-02 with the following changes: The addition of variance K allowing exemption from 401-2.3(b) = Civic Space; To update Condition 1 to be in accordance with the conceptual plan entitled "Rendering for Concept Option "A" - Alley", dated 1-30-2025 (stamped received February 4, 2025); and the addition of2 conditions: Condition 5: Mayor and Council will have final approval of the commercial building elevation architectural plans. Condition 6: All dumpster enclosure designs built will be up to the Unified Development Ordinance (UDO) new standards at the time of the permit's issuance, 2nd by Council Member Hetherington; voted 6 in favor and 0 opposed, motion approved. (A copy of ORD 2025-02 is attached to and made a part oft these minutes.) 1st Reading = HRO 2025-01 - Home Rule Charter Amendment to the Charter of Snellville, Georgia by Amending Section 6.31 1= Contracting Procedures Established By the Existing Charter Mayor Bender explained that the amendment would remove the dollar amount for contracts from the Charter. Mayor Pro Tem Warner made a motion to waive the first reading, 2nd by Council Member Carter; voted 6in favor and 0 opposed, motion approved. 1st Reading - SUP 25-01 (ORD 2025-05) = Consideration and Actionon Application by Michael Briscoe, Briscoe's Pharmacy P.C. (d/bla Snell's Pharmacy) requesting a Special Use Permit for a 140 sq. ft. mural painted on the southern building elevation and variance from Sec. 207-6.2 (Definitions) of Article 7 Chapter 200 of the Snellville Unified Development Ordinance for the property zoned BG (General Business) District, 2295 Oak Road, Snellville, Georgia (Tax Parcel 5026 225) Mayor Pro Tem Warner made a motion to waive the first reading and place on the February 24, 2025 agenda for the second reading, 2nd by Council Member Schulz; voted 6 in favor and 0 opposed, motion approved. 1st Reading - RZ 25-01 (ORD 2025-03) - Consideration and Action on Application by Split Silk Properties, LLC, Representing Sinocoin Investment, LLC (property owner) Requesting: A) to Amend the Official Zoning Map From RS-30 (Single-Family Residential) District to R-TH (Townhouse Residential) District; And B) Request for Variances from the Snellville Unified Development Ordinance for a 67-Unit Single-Family (Attached) Townhome Development On A 17.44 +/- Acre Site with a Density of3.84 Units Per Acre, Located Near the Intersection ofU.S. PUBLIC HEARING & REGULAR BUSINESS OF MAYOR AND COUNCIL MONDAY, FEBRUARY 10, 2025 PAGE FIVE Highway 78 (Athens Highway) and Rosebud Road, 3,000 Block Rosebud Road, Snellville, Georgia (Tax Parcel R5100 023) Council Member Lenski made a motion to waive the first reading and place on the February 24, 2025 agenda for the second reading, 2nd by Council Member Hetherington; voted 6 in favor and 0 opposed, motion approved. Ist Reading - UDO 25-01 - Consideration and Action on Amendment #8 to the Text of Chapter 200 (Zoning and Land Use) oft the Snellville Unified Development Ordinance Council Member Schulz made a motion to waive the first reading and place on the February 24, 2025 agenda for the second reading, 2nd by Council Member Carter; voted 6 in favor and 0 opposed, motion approved. Mayor Bender explained that this is to address clarifications and various amendments being done to the UDO. 1St Reading - ORD 2025-04 - Consideration and Action on an Ordinance to Amend the Alcoholic Beverage Ordinance (Chapter 6); To Provide for and Amend Procedures for Obtaining Special Event Licenses and Special Event Spaces to Obtain Alcohol Licenses: To Provide Severability: To Repeal Conflicting Ordinances: To Provide an Effective Date; And for Other Purposes Mayor Bender explained this will address special event facilities being able to serve alcohol. Council Member Lenski made a motion to waive the first reading and place on the February 24, 2025 agenda for the second reading, 2nd by Mayor Pro Tem Warner; voted 6 in favor and 0 opposed, motion approved. CONSENT AGENDA None OLD BUSINESS None NEW BUSINESS Consideration and Action on Surplus of City Police Vehicles Bender] Police Unit 171 - 2008 Ford Crown Victoria - 2FAFP71V98X154945 Police Unit 219 - 2016 Dodge Charger 2CSCDXAGXGH319261 Council Member Schulz made a motion to approve the surplus of the two police vehicles, 2nd by Council Member Carter; voted 6 in favor and 0 opposed, motion approved. COUNCIL REPORTS Council Members Carter, Hetherington, Lenski, Schulz, and Mayor Pro Tem Warner each gave a report. MAYOR'S REPORT Mayor Bender gave a brief report. PUBLIC HEARING & REGULAR BUSINESS OF MAYOR AND COUNCIL MONDAY, FEBRUARY 10, 2025 PAGE SIX PUBLIC COMMENTS Kurt Schulz, 2027 Tanglewood Drive, Snellville. EXECUTIVE SESSION None ADJOURNMENT Council Member Hetherington made a motion to adjourn, 2nd by Council Member Carter; voted 61 in favor and 0 opposed, motion approved. The meeting adjourned at 8:57 p.m. 21 ibul Barbara Bender, Mayor Malise Duudé Melisa Arnold, City Clerk STATE OF GEORGIA CITY OF SNELLVILLE ORDINANCE NO. 2025-01 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SNELLVILLE, GEORGIA, AS AMENDED, FOR A 8.951 ACRE TRACT OF LAND LOCATED IN LAND LOTS 26 AND 27 OF THE 5TH LAND DISTRICT, GWINNETT COUNTY, GEORGIA, AT MAIN STREET EAST, CIVIC DRIVE, PATE STREET, AND HENRY CLOWER BOULEVARD, SNELLVILLE, GEORGIA; TO GRANT VARIANCES; TO ADD CONDITIONS AFFECTING THE PROPERTY; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. CASE NUMBER: #RZ 24-05 and #RZ 24-06 LOCATION: Main Street East, Civic Drive, Pate Street, and Henry Clower Boulevard, Snellville, Georgia SIZE: 8.95t Acres TAX PARCEL(s): R5026 051; R5026 177; and R5027 107 OVERLAY DISTRICT: Towne Center Overlay CURRENT FUTURE LAND USE MAP DESIGNATION: Towne Center REQUESTED ZONING: TC-R (Towne Center Residential) District and BG (General Business) District DEVELOPMENT/PROJECT: 140-Unit Stacked Townhouse Style (Stacked Flats) Multi-Family Development with 14,000 Sq. Ft. Commercial Retail Building PROPERTY OWNER: Snellville Community Church, Inc. 2428 Main Street East, Snellville, Georgia APPLICANT: Parkland Communities, Inc. ORD 2025-01 #RZ. 24-05 and #RZ 24-06 Page 1 of 14 clo Tyler Lasser, LJA Engineering, Inc. 470-202-9321 TLasser@LJA.com WHEREAS, the governing authority ofthe City of Snellville, Georgia is the Mayor and Council thereof; and WHEREAS, the governing authority of the City of Snellville, Georgia desires to amend its official zoning map as it applies to the 8.95t acre tract of land located at Main Street East, Civic Drive, Pate Street, and Henry Clower Boulevard, Snellville, Georgia (Tax Parcels R5026 051; R5026 177; and R5027 107) for a 140-unit Stacked Townhouse Style (Stacked Flats) Multi-Family Development with 14,000 Sq. Ft. Commercial Retail Building; and WHEREAS, the TC-R (Towne Center Residential) District and BG (General Business) District are zoning districts deemed appropriate for the property's Town Center future land use map designation on the 2045 Comprehensive Plan Future Land Use Map for the City of Snellville, Georgia; and WHEREAS, the governing authority of the City of Snellville, Georgia desires to grant variances from Articles 1,5 and 6 of Chapter 200 and Article 1 of Chapter 400 of the Snellville Unified Development Ordinance; and, WHEREAS, the health, safety, and welfare of the citizens of Snellville, Georgia, will be positively impacted by the adoption ofthis Ordinance; therefore: IT IS HEREBY ORDAINED BY THE GOVERNING AUTHORITY OF THE CITY OF SNELLVILLE, GEORGIA, and by the authority thereof: Section 1. The Official Zoning Map for the City of Snellville, Georgia for the 1.863 acre tract of land described and shown as Tract 3 and the 7.095 acre tract of land ORD 2025-01 #RZ. 24-05 and #RZ 24-06 Page 2 of 14 described and shown as Tract 2 on the property boundary survey entitled "ALTA/NSPS Land title Survey for Parkland Communities & Snellville Community Church, Inc. & The Abram Law Group, LLC" sealed, signed and dated 08-16-2024 (stamped received Oct 16, 2024) in Exhibit "A", a copy of which is attached hereto and incorporated herein by reference is hereby amended and changed as follows: a) the 7.776L acre tract of land described by property legal description in Exhibit "B" and shown in pink with single- hatching and blue with single-hatching in Exhibit "D" is rezoned from CI (Civic Institutional) District and TC-R (Towne Center Residential) District to TC-R (Towne Center Residential) District; and b) the 1.184 acre tract ofland described by property legal description in Exhibit "C" and shown in pink with double-hatching in Exhibit "D" is rezoned from CI (Civic Institutional) District to BG (General Business) District, subject to the attachment of the following enumerated variances and conditions: VARIANCES: A. UDO Sec. 201-2.8. (Parking Locations): to allow vehicle parking between the building and street, including within driveways. B. UDO Sec. 205-1.11. (Vehicle Access and Parking Locations): to allow off-street parking not from an alley. C. UDO Sec. 201-2.8. (Floor to Ceiling Height): to reduce the minimum 9-feet floor to ceiling height for all stories to 8 feet. D. UDO Sec. 205-1.8.B. (Number of Driveways) to exceed more than one (1) driveway for every three-hundred (300) feet of total road frontage or fraction thereof on Pate Street. E. UDO Sec. 206-3.1.F.2.E. (Towne Center Flat - Commercial Space Requirement): to allow off-site commercial space to meet vicinity commercial space requirement. F. UDO Sec. 401-2.3(b) - (Civic Space) - Civic space is the portion of open space for public use defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping, and their adjacent buildings. ORD 2025-01 #RZ. 24-05 and #RZ 24-06 Page 3 of 14 CONDITIONS: 1. The property shall be developed in general accordance with the conceptual plan entitled "Concept Option "A" - Alley", dated 1-30-2025 (stamped received February 4, 2025) in Exhibit "E" and conceptual acked-townhousesyle (stacked flats) Bethany Park building elevations (stamped received Oct 16, 2024) in Exhibit "F" and The Shoppes at Bethany Park building elevations (stamped received Nov 11,2024) in Exhibit "G", with modifications permitted to meet conditions ofzoning or State, County, and City regulations. Substantial variation from the conceptual rezoning site plan, as determined by the Director ofl Planning and Development will require Mayor and Council approval, after submitting a Change in Conditions application and receiving recommendations by the Planning Department and Planning Commission. 2. All variances and conditions ofzoning approved 4-22-2019 by the Mayor and City Council for rezoning case #RZ 19-01 (Ordinance No. 2019-06) and Special Use Permit approval for case #SUP 19-01 (Ordinance No. 2019-07) arel hereby repealed. 3. Uses involving adult entertainment, including the sale or display of adult magazines, books, videos and as further defined by the Adult Entertainment Ordinance in effect on the date this condition is imposed, are prohibited. 4. Signs higher than 15 feet or larger than 225 square feet are prohibited. 5. Mayor and Council will have final approval oft the Commercial Building Elevation Architectural plans. 6. All dumpster enclosure designs built will be up to the Unified Development Ordinance (UDO) new standards at the time of the permit's issuance Section 2. The changes in zoning classification are to be noted on the Official Zoning Map of the City of Snellville, Georgia as approved by the Mayor and Council as soon as reasonably possible following the adoption of this Ordinance. The Official Zoning Map of the City of Snellville, Georgia, shall also be amended with an editorial note specifying the date these Snellville zoning amendments were approved by the Mayor and Council and specifying the parcels affected by this Ordinance. Until the changes are indicated on the Official Zoning Map ofthe City ofSnellville, Georgia, as approved by the Mayor and Council, this Ordinance shall govern over Official Zoning Map of the City of ORD 2025-01 #RZ. 24-05 and #RZ 24-06 Page 4 of 14 Snellville, Georgia approved by the Mayor and Council to the extent of any discrepancy between this Ordinance and the Official Zoning Map of the City of Snellville, Georgia approved by the Mayor and Council. Section 3. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein. Section 4. (a) It is hereby declared to be the intention ofthe Mayor and Council that all sections, paragraphs, sentences, clauses and phrases ofthis Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional. (b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase oft this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase ofthis Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase ofthis Ordinance. (c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent ORD 2025-01 #RZ. 24-05 and #RZ 24-06 Page 5 of 14 allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect. Section 5. Penalties in effect for violations of Chapter 1 of the Code of Ordinances, City of Snellville, Georgia at the time of the effective date oft this Ordinance shall be and are hereby made applicable to this Ordinance and shall remain in full force and effect. Section 6. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed Section 7. This Ordinance was adopted on 2025. The 2ho effective date ofthis Ordinance shall be the date of adoption unless otherwise stated herein. [SIGNATURES BEGIN ON THE FOLLOWING PAGE] ORD 2025-01 #RZ: 24-05 and #RZ 24-06 Page 6 of 14 ORDAINED this day of Epbruagus Plw B0 Barbara Bender, Mayor CC ATTEST: Tod Wamer-Mayorro Tem dolua ACk Guga bapy Melisa Arnold, City Clerk Vorman A. Carter, Council Member EA APPROVED AS TO FORM: Kerry Hetherington, Council Member Casty Conski Jay Crowley, City'Attorney Cristy Lenski/ Council Member Powell & Crowley, LLP RhkenkSKub Gretchen Schulz, Council Member ORD 2025-01 #RZ 24-05 and #RZ 24-06 Page 7 of 14 EXHIBIT"A" ORD 2025-01 #RZ 24-05 and #RZ 24-06 Page 8 of 14 SI VI94039 AINNOD. MIENNIWAS om dnoas MVT FGEL A JOISIG IS WVagv 3HL * ONI HOANHO AIINNIOD au "ONI DNIAEANNS 17 42 #92 S107 GNVT TATTENS SLINNINNOD JOJ GMVTNAVd 8 6 NI G31M207 ABAaNS 37111 ONVT SJSN/VITV onane CUVAETNO8 HIMOTO. AHNEH ms S S C E * onrg 29E 00 A a a E 9 % g a 38 & 8 8 & - is 8 - de 9 D d I M d s 8 5h 6 % 9 - 8R & a 8 & - 2 9 PRI - L - 6 38 8 88E 5MEt I @ 083 & & $ & I 3 4 3 - 1vo pobsE 8 enTeesuz aesoons EXHIBIT "B" TC-R Tract A parcel of land lying in Land Lots 26 and 27 of the 5th District, Gwinnett County, Georgia, and being more particularly described as follows: Commence at the centerline intersection of U.S. Highway #78 (Variable public right-of- way) and Henry Clower Boulevard (variable public right-of-way), thence run South 42 Degrees 48 Minutes 31Seconds West for a distance of 1,450.21feet to a found 1/2" rebar at the intersection of said northerly right-of- way and the easterly right-of-way of Pate Street 50' right-of-way), said point being the POINT OF BEGINNING of the parcel herein described; Thence leaving said northerly right-of-way, run North 10 Degrees 35 Minutes 21 Seconds East along said easterly right-of-way of Pate Street for a distance of 50.76 feet to a point; thence run North 11 Degrees 27 Minutes 28 Seconds Easta along said right-of-way for a distance of 150.88 feet to a point; thence run North 09 Degrees 24 Minutes 28 Seconds East along said right-of-way for a distance of 54.73 feet to a point, said point lying on a curve to the left, said curve having radius of 752.40 feet, a central angle of 07 Degrees 37 Minutes 51 Seconds, a chord bearing of North 03 Degrees 30 Minutes 00 Seconds East and a chord distance of 100.13 feet; thence run along the arc of said curve and said right-of- way for a distance of 100.21feet to a point, said point lying on a curve to the left, said curve having a radius of 383.10 feet, a central angle of 23 degrees 59 minutes 15 seconds, a chord bearing of North 17 Degrees 01 Minutes 46 Seconds West and a chord length of 159.22 feet; thence run along the arc of said curve and said right-of- way for a distance of 160.39 feet to a point; thence run North 29 Degrees 24 Minutes 00 Seconds West along said right-of-way for a distance of 110.82 feet to a point; Thence run North 65 Degrees 41 Minutes 22 Seconds East for a distance of 209.37 feet to a point; Thence run South 52 Degrees 09 Minutes 45 Seconds East for a distance of 95.78 feet to a point; Thence run South 52 Degrees 09 Minutes 45 Seconds Eastfor a distance of 133.92 feet to a point; Thence run South 23 Degrees 58 Minutes 12 Seconds East for a distance of 34.42 feet to a point; Thence run South 23 Degrees 58 Minutes 12 Seconds East for a distance of 38.37 feet to a point, said point lying on a curve to the left said curve having a radius of 205.00 feet, a central angle of 10 Degrees 13 Minutes 54 Seconds, a chord bearing of South 29 Degrees 05 Minutes 08 Seconds Easta and a chord distance of 36.56 feet; Thence run along the arc of said curve for a distance of 36.61feet to a point; Thence run South 34 Degrees 12 Minutes 03 Seconds Eastfor a distance of 52.63 feet to a point; Thence run South 34 Degrees 12 Minutes 03 Seconds East for a distance of 35.78 feet to a point; Thence run South 20 Degrees 54 Minutes 56 Seconds East for a distance of 50.76 feet to a point; Thence run South 32 Degrees 55 Minutes 18 Seconds East for a distance of 68.92 feet to a point; Thence run South 05 Degrees 41Minutes 49 Seconds East for a distance of 20.83 feet to a point on the northerly right-of-way of the aforementioned Henry Clower Boulevard, thence run South 62 Degrees 40 Minutes 01 Seconds West along said right-of- way for a distance of 540.58 feet to the POINT OF BEGINNING. Said parcel contains 338,736 square feet, or 7.776 acres. ORD 2025-01 #RZ 24-05 and #RZ 24-06 Page 9 of 14 EXHIBIT "C" BG Tract A parcel of land lying in Land Lot 26 of the 5th District, Gwinnett County, Georgia, and being more particularly described as follows: Commence at the centerline intersection of U.S. Highway #78 (Variable public right-of-way) and Henry Clower Boulevard (variable public right-of-way), thence run North 78 Degrees 20 Minutes 08 Seconds West for a distance of 601.30 feet to a set 5/8" capped rebar (L.S.F. #1390) lying on the westerly right-of-way of U.S. Highway #78; thence leaving said right-of-way, run South 15 Degrees 59 Minutes 59 Seconds West for a distance of 206.55 feet to a set mag nail, said point being the POINT OF BEGINNING of the parcel herein described; Thence run North 69 Degrees 44 Minutes 55 Seconds West for a distance of 272.27 feet to a set mag nail on the easterly right-of-way of Civic Drive 60' right-of-way; thence run North 20 Degrees 15 minutes 05 seconds east along said right-of-way for a distance of 160.97 feet to a set 5/8" capped rebar (L.S.F. #1390); thence run North 42 Degrees 54 Minutes 01 Seconds East along said right-of-way for a distance of 24.20 feet to a set 5/8" capped rebar (L.S.F. #1390) at the intersection of said right-of-way and the westerly right-of-way of the aforementioned U.S. Highway #78; thençe leaving said right-of-way of Civic Drive, run South 75 Degrees 20 Minutes 14 Seconds East along said right-of-way of U.S. Highway #78 for a distance of 112.98 feet to a point; thence run South 76 Degrees 06 Minutes 39 Seconds East along said right-of-way for a distance of 47.30 feet to a point; thence run South 73 Degrees 55 Minutes 26 Seconds East along said right-of-way for a distance of 88.42 feet to a set 5/8" capped rebar (L.S.F. #1390); thence leaving said right-of-way, run South 15 Degrees 59 Minutes 59 Seconds West for a distance of 206.55 feet to the POINT OF BEGINNING; Said parcel contains 51,563 square feet, or 1.184 acres. ORD 2025-01 #RZ 24-05 and #RZ 24-06 Page 10 of 14 EXHIBIT"D" EXISTING & PROPOSED ZONING E MAIN ST & 8 3 Bo , C CA EXISTING CI EXISTING TC-R PROPOSED TC-R PROPOSED BG ORD 2025-01 #RZ 24-05 and #RZ 24-06 Page 11 of 14 EXHIBIT E" ORD 2025-01 #RZ 24-05 and #RZ 24-06 Page 12 of 14 IGHM WA a 8 8 e e 5 e O a 0 6 e 0 0 a a e 8 O Gy 0 6 O 0 O d e O 0 @ 0 6 0 0 63 @ a 0 0 @ a @ 6 0 0 0 e VAA B e 0 @ 1 6 0 0 0 0 a 3 0 O - 00 € O 6 E e 0 - € 0 e e. I 4 2 @ 0 e e O e 6 e @ e 6 e e 0 e 3 e 0 0 E e 03 B e a e a @ la @ e . a e e O. e e @ O e 0 0 6 0 0 0 0 03 0 0 6 03 00 e o I - E - a I 3 E - 5 E E E E 2 a 3 S 1 a 5 I I - s E 5 9 a 3 - 3 8 E le > E 00000 00 000 - d8 8 E : : 3 I I - à a - I B 3a 0 s e CMC & o a T LCe DRIVE g 00 ) @ & à G @ e 5 @ * 3 W o 3 e 06 07 00 @ 0 8 @G e a 6 - a Fl 00 O D0 s 4 T 000 e G 000 2 G 3 a 6N 2 3 a - 6 S 6 : / : 3 9 o CONCEPTP PLAN FOR $ BETHANY PARK ( Snellville Community Church Tract 2428E. St. SnelMile, GA3 30078 MS ID: 50261 177 EXHIBIT"F" ORD 2025-01 #RZ 24-05 and #RZ 24-06 Page 13 of 14 Board andE Batten Cement Siding (Colors vary as shown) (Colors vary as shown) HE EBBE BEE E - - A3B 1 SWEETWATER SPRINGS siweetwaterspringstownhomes.com EXHIBIT "G" ORD 2025-01 #RZ 24-05 and #RZ 24-06 Page 14 of 14 OMIGNTA - C BECORANSNE RIGHTELEVATION MCATEDLNELS * E474E0 DECMMELA T FBONTFLEVATION THE SHOPPES AT BETHANY PARK DG CONCEPTUALE ELEVATIONS MLRGSEN YP : EEASNSS NS E LEETELEVATION OUNTE MTLAN BACKELEVATION THE SHOPPES AT BETHANY PARK DG CONCEPTUAL ELEVATIONS STATE OF GEORGIA CITY OF SNELLVILLE ORDINANCE NO. 2025-02 AN ORDINANCE TO GRANT A SPECIAL USE PERMIT ON A 7.776L ACRE TRACT OF LAND LOCATED IN LAND LOTS 26 AND 27 OF THE 5TH LAND DISTRICT, GWINNETT COUNTY, GEORGIA, AT CIVIC DRIVE, PATE STREET, AND HENRY CLOWER BOULEVARD, SNELLVILLE, GEORGIA FOR A 140-UNIT STACKED TOWNHOUSE STYLE (STACKED FLATS) MULTI-FAMILY TOWNE CENTER DEVELOPMENT; TO GRANT VARIANCES; TO ADD CONDITIONS AFFECTING THE PROPERTY; PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. CASE NUMBER: #SUP 24-03 LOCATION: Civic Drive, Pate Street, and Henry Clower Boulevard, Snellville, Georgia SIZE: 7.7761 Acres TAX PARCEL(s): R5026 051; R5026 177; and R5027 107 DEVELOPMENT/PROJECT: 140-Unit Stacked Townhouse Style (Stacked Flats) Multi-Family Development PROPERTY OWNER: Snellville Community Church, Inc. 2428 Main Street East, Snellville, Georgia APPLICANT: Parkland Communities, Inc. clo Tyler Lasser, LJA Engineering, Inc. 470-202-9321 TLasserQJA.com WHEREAS, the governing authority ofthe City ofSnellville, Georgia is the Mayor and Council thereof; and ORD 2025-02 #SUP 25-03 Page 1 of 8 WHEREAS, the governing authority of the City of Snellville, Georgia desires to approve and grant the requested special use permit for a 140-unit Stacked Townhouse Style (Stacked Flats) Multi-Family Development on a 7.776 acre site located in the Towne Center Overlay District at Civic Drive, Pate Street, and Henry Clower Boulevard, Snellville, Georgia (Tax Parcels R5026 051, R5026 177, and R5027 107); and WHEREAS, the property is zoned TC-R (Towne Center Residential) District where Towne Center Flat, defined as three or more dwelling units in a single building that does not meet the definition of single-family attached dwelling within a TC District is allowed as a special use when approved by the City Council; and, WHEREAS, the health, safety, and welfare of the citizens of Snellville, Georgia, will be positively impacted by the adoption ofthis Ordinance; therefore: ITI IS HEREBY ORDAINED BY THE GOVERNING AUTHORITYOF THE CITY OF SNELLVILLE, GEORGIA, and by the authority thereof: Section 1. For reasons stated in the public hearing and recommendations of the Planning Department and Planning Commission, a special use permit is hereby approved and granted for the development and use of a 140-unit Stacked Townhouse Style (Stacked Flats) Multi-Family Development on a 7.776L acre site located at Civic Drive, Pate Street, and Henry Clower Boulevard, Snellville, Georgia (Tax Parcels R5026 051, R5026 177, and R5027 107), described and shown on the conceptual rezoning site plan entitled "Concept Option "A" - Alley", dated 1-30-2025 (stamped received February 4, 2025) in Exhibit "A" and further shown on the conceptual stackd-townhouse-syle (stacked flats) building elevations for Bethany Park (stamped received Nov 8, 2024) in Exhibit "B", a copy of which is attached hereto and incorporated herein by reference, subject to the attachment of the following enumerated variances and conditions. ORD 2025-02 #SUP 25-03 Page 2 of 8 VARIANCES: A. UDO Sec. 201-2.8. (Parking Locations): to allow vehicle parking between the building and street, including within driveways. B. UDO Sec. 205-1.11. (Vehicle Access and Parking Locations): to allow off-street parking not from an alley. C. UDO Sec. 201-2.8. (Floor to Ceiling Height): to reduce the minimum 9-feet floor to ceiling height for all stories to 8 feet. D. UDO Sec. 205-1.8.B. (Number of Driveways) to exceed more than one (1) driveway for every three-hundred (300) feet of total road frontage or fraction thereof on Pate Street. E. UDO Sec. 206-3.1.F.2.E. (Towne Center Flat Commercial Space Requirement): to allow off-site commercial space to meet vicinity commercial space requirement. F. UDO Sec. 401-2.3(b) - (Civic Space) - Civic space is the portion of open space for public use defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping, and their adjacent buildings. CONDITIONS: 1. The property shall be developed in general accordance with the conceptual plan entitled "Concept Option "A" - Alley", dated 1-30-2025 (stamped received February 4, 2025) in Exhibit "E"a and conceptual ackd-townhouse-syle (stacked flats) Bethany Park building elevations (stamped received Oct 16, 2024) in Exhibit "F" and The Shoppes at Bethany Park building elevations (stamped received Nov 11, 2024) in Exhibit "G", with modifications permitted to meet conditions ofzoning or State, County, and City regulations. Substantial variation from the conceptual rezoning site plan, as determined by the Director ofPlanning and Development will require Mayor and Council approval, after submitting a Change in Conditions application and receiving recommendations by the Planning Department and Planning Commission. 2. All variances and conditions ofzoning approved 4-22-2019 by the Mayor and City Council for rezoning case #RZ 19-01 (Ordinance No. 2019-06) and Special Use Permit approval for case #SUP 19-01 (Ordinance No. 2019-07) are hereby repealed. 3. Uses involving adult entertainment, including the sale or display of adult magazines, books, videos and as further defined by the Adult Entertainment Ordinance in effect on the date this condition is imposed, are prohibited. 4. Signs higher than 15 feet or larger than 225 square feet are prohibited. 5. Mayor and Council will have final approval ofthe Commercial Building Elevation Architectural plans. ORD 2025-02 #SUP 25-03 Page 3 of 8 6. All dumpster enclosure designs built will be up to the Unified Development Ordinance (UDO) new standards at the time oft the permit's issuance Section 2. The special use permit shall expire and become null and void five (5) years from the date of approval unless occupancy of the approved special use has occurred on the premises. The Director of Planning and Development may extend authorization for an additional period of twelve (12) months for reasons such as health, financial, or administrative problems incurred by the applicant during the permit period, provided application for such extension is submitted in writing at least forty-five (45) days prior to the original expiration date. The director must make the finding that the delay is justified by circumstances beyond the applicant' S control, and that the six-month extension can reasonably be expected to remedy the circumstances. Section 3. The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set forth herein. Section 4. (a) It is hereby declared to be the intention ofthe Mayor and Council that all sections, paragraphs, sentences, clauses, and phrases oft this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable, and constitutional. (b) It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase ofthis Ordinance. It is hereby further declared to be the intention ofthe Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause, or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause, or phrase of this Ordinance. ORD 2025-02 #SUP 25-03 Page 4 of 8 (c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unentorceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect. Section 5. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. This Ordinance was adopted on 2025. The AD effective date ofthis Ordinance shall be the date of adoption unless otherwise stated herein. SIGNATURES BEGIN ON THE FOLLOWING PAGE] ORD 2025-02 #SUP 25-03 Page 5 of 8 ORDAINED this 1O day of Feb. 2025. Ph abbl Barbara Bender, Mayor ATTEST: Tod WarnerMaydr-Po Tem - A X - ORser lwdld ema Cib Melisa Arnold, City Clerk Norman A. Carter, Council Member AEE APPROVED AS TO FORM: Kerry Hetherington, Council Member Cussler Gbrels - Jay Crowley, City Attomey Cristy Lenski/Council Member Poweh & Crowley, LLP Bufushb Gretchen Schulz, Council Member ORD 2025-02 #SUP 25-03 Page 6 of 8 EXHIBITA" ORD 2025-02 #SUP 25-03 Page 7 of8 RECEIVED FEB - 4 2025 CIYOFSNHLVIEE PLANNING DEVELOPMEN E RENDERING FOR CONCEPT OPTION 'A' - ALLEY 01-30-2025 % Vv . VV I - Salelaleisla eococco 6aldalilela & e - 0o000c00 E - U ) - - D ogpg 444 O0 G e ) 00 a 6) 07 98a 000 2 @ 0 - - oe g ACRE - A :4 09000 @ PARK 444 4 GAcea 4 - 45 o) 3 - @ G - CAYE STS @ - Ee PRe @ @ LA 40 50 160' PARKLAND LJA ENGINEERING COMMUNITIES Bethany Park B D G e Us RESIDENTIAL: SITE DATA BG SITE DATA HICMMAT #78 TCR NG NT ERLA EET ZOMINO MTERRESIDENTIRL LWSPEGAL USE PERMIT FROPOSEDE ELALONG TAMOSF GROSS ACRES 1B ACRES PARKONG REGARED EPACETIPERIDE NO TYPE LAT PARMONGPRO ROVIDEO SPACES 51 E OF SITE VDED IOIN SITE LEGEND LOT BULDING DIMENSIONS AVENTY ARKGNG NA CAHE - : AAX COMERK GE DASIe by BULD NG E H BSIOKESORE de EMETMIGSCEMAIKT TOREVARI e. CA 8 MAEK wos STREETS RICHT OF WAY FEGPOSEDES SIDEWALKIS YORASSE SIAP AVEMS ASSHOWAN PROPOSED * SDEWAEK KISGRASSS STRI e 8 STCPMAMTERN MNGEMENT AREA PAL BUILDANG SETBACKS I SMVIPISPODL SID @ 7 2406 / 0 7 op 5e DA BUFTE AMDSCAPES STRIPS de O e oy NDS CAPE STRP A @ e PARKINC ER N ER PER AUNT e 3 1 VEW @ O @ OTAL VIDE P @ Q 8) @ e e O 25 @ a 9 a @ G A @ e a LJA ENGINEERING O a VET Revised Concept Summary: o A EAN" e e CON @ @ e Increased Pavement and Impervious Area by 6,000 sf requiring larger pond @ e a * @ @ a - PARKLAND No room for D Civic Pavillion or gathering place 3 5e @ OEVBLOPER 3 G @ e ARE MAISE oU Green and DONE 3 spaces now separated no-longer cohesively connected * G @ $ - COM oep Park / Green Space Area is reduced 30% to 1 Acre O ) 4 by Oo oo 90 Rear alley becomes a long cut through street and creates an unpleasant @ e - view from Henry Clower Boulevard seeing many more garages and parked 6 ep 48y & a & vehicles with out O o @ - interruption o E Gy & A E 8 ZONED 00 - 6 M OH He @ 3 19y @ OFMAAATER ANACEMEN - 3 O 400 2 OK 4o e fop 4e oop 1 Y0 O0! e 0 op O ey ES Mei - GA3793-2 23119 CONCEPT PLAN 1/30/25 EXHIBIT "B" ORD 2025-02 #SUP 25-03 Page 8 of 8 Boarda and Batten Cement Siding (Colors vary as shown) (Colors vary as shown) E - BBB - BEE - - - 038 SWEETWATER SPRINGS syeetwaterspringstownhomes.com