* for the HV PUBLIC HEARING & REGULAR BUSINESS MEETING OF MAYOR AND COUNCIL CITY OF SNELLVILLE, GEORGIA MONDAY, FEBRUARY: 24, 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, City Attorney Jay Crowley with Powell and Crowley, Chief Greg Perry, Planning and Development Director Jason Thompson, Code Enforcement Officer Johnny Greene, IT Administrator Erika Fleeman and City Clerk Melisa Arnold. (Assistant City Manager Mercy Montgomery and Public Information Officer Brian Arrington were absent.) CALL TO ORDER Mayor Bender called the meeting to order at 7:40 p.m. INVOCATION Bobby Howard gave the invocation. PLEDGE TO THE FLAG Council Member Carter led the Pledge of Allegiance. CEREMONIAL MATTERS PRO 2025-05 - Recognition of] Black History Month Mayor Bender read the proclamation into the record. MINUTES Approve the Minutes of the February 8, 2025 Work Retreat and the February 10, 2025 Public Hearings and Regular Meeting Council Member Lenski made a motion to approve the February 8, 2025 Work Retreat and the February 10, 2025 Work Session, Public Hearings and Regular Meeting, 2nd by Council Member Carter; voted 6 in favor and 0 opposed, motion approved. INVITED GUESTS None COMMITTEE / DEPARTMENT REPORTS None City of Snellville Administration Department 2342 Oak Road Snellville, GA 30078 770-985-3500 770-985-3525 Fax www.snellville.org PUBLIC HEARING & REGULAR BUSINESS OF MAYOR AND COUNCIL MONDAY, FEBRUARY 24, 2025 PAGE TWO APPROVAL OF THE AGENDA Council Member Schulz made a motion to approve the agenda with the addition of New Business Item "b" Consideration and Action on a Sixty (60) Day Moratorium on Variances for Wall Signs and Murals, 2nd by Council Member Lenski; voted 6 in favor and 0 opposed, motion approved. PUBLIC HIEARING 2nd Reading = HRO 2025-01 - Home Rule Charter Amendment to the Charter of Snellville, Georgia by Amending Section 6.31 - Contracting Procedures Established By the Existing Charter Mayor Bender explained that this charter amendment removes dollar amounts related to the purchasing policy and allows for them to be set by policy. Council Member Hetherington made a motion to approve HRO 2025-01, 2nd by Council Member Carter; voted 6 in favor and 0 opposed, motion approved. (A copy of HRO 2025-01 is attached to and made a part of these minutes.) 2nd Reading - SUP 25-01 (ORD 2025-05) = Consideration and Action on 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) Planning Director Thompson presented the application and advised that the Planning Department recommended denial. He answered questions of the Mayor and Council. Applicant, Michael Briscoe, 2571 Church Street, Snellville, came forward and spoke about the application. Mayor Bender opened the floor to public comment: Tricia Rawlins, 2088 Harbour Oaks Drive, Snellville spoke in favor of the SUP. No one else came forward SO Mayor Bender closed public comment. Council Member Lenski made a motion to approve SUP 25-10 referencing ORD 2025-05, 2nd by Council Member Hetherington; voted 5 in favor and 1 in opposition with Council Member Carter casting the opposing vote; motion approved. (A copy of ORD 2025-05 is attached to and made a part ofthese minutes.) 2nd Reading - RZ25-01 (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. Highway 78 (Athens Highway) and Rosebud Road, 3,000 Block Rosebud Road, Snellville, Georgia (Tax Parcel R5100 023) PUBLIC HEARING & REGULAR BUSINESS OF MAYOR AND COUNCIL MONDAY, FEBRUARY 24, 2025 PAGE THREE Mayor Pro Tem Warner made a motion to table RZ 25-01 until the April 14, 2025 meeting for the second reading and public hearing, 2nd by Council Member Hetherington. Mayor Bender explained that the applicant submitted a revised site plan last week and more time was needed for review. The motion was voted 61 in favor and 0 opposed, motion approved. 2nd Reading - UDO 25-01 - Consideration and Action on Amendment #8 to the Text of Chapter 200 (Zoning and Land Use) of the Snellville Unified Development Ordinance Mayor Bender explained that this item will be tabled to address some additional changes related to alcohol being served at Special Event Facilities which also relates to the next item, ORD 2025-04, that will need to be tabled as well. Council Member Schulz made a motion to table to the March 10, 2025 meeting, 2nd by Council Member Carter; voted 6 in favor and 0 opposed, motion approved. 2nd 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 Council Member Carter made a motion to table until the March 10, 2025 meeting, 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 House Bill 581 - Floating Homestead Exemption [Bender] Mayor Bender explained that the City must decide whether to opt in or out of the homestead exemption by March 1st and explained the impact of opting in versus opting out. Council Member Lenski made a motion to approve RES 2025-03 to opt out of the exemption, 2nd by Council Member Carter. Mayor Bender opened the floor to public comment but no one came forward SO public comment was closed. Mayor and Council each spoke about the issue. The motion was voted 2 in favor and 4 opposed with Council Members Lenski and Carter voting in favor and Council Members Schulz, Hetherington, Mayor Pro Tem Warner and Mayor Bender each voting in opposition; the motion failed. PUBLIC HEARING & REGULAR BUSINESS OF MAYOR AND COUNCIL MONDAY, FEBRUARY 24, 2025 PAGE FOUR Mayor Bender explained that since the resolution failed to be adopted the City is opting into the floating homestead exemption. Consideration and Action on a Moratorium on Variance Applications for Wall Signs and Murals |Bender] Council Member Lenski made a motion to approve a moratorium on applications for Wall Signs and Murals until August 16, 2025, 2nd by Mayor Pro Tem Warner; voted 6 in favor and 0 opposed, motion approved. (A copy of RES 2025-04 is attached to and made a part of these minutes.) COUNCIL REPORTS Council Members Carter, Hetherington, Lenski, Schulz and Mayor Pro Tem Warner each gave a report. MAYOR'S REPORT Mayor Bender gave a report. PUBLIC COMMENTS The following people came forward to speak: Kurt Schulz, 2027 Tanglewood Drive, Snellville. Tricia Rawlins, 2088 Harbour Oaks Drive, Snellville. Bobby Howard, 2240 Pinehurst Road, Snellville. Melvin Everson, 1725 Winding Creek Circle, Snellville. EXECUTIVE SESSION None ADJOURNMENT Council Member Hetherington made a motion to adjourn, 2nd by Council Member Schulz; voted 6i in favor and 0 opposed, motion approved. The meeting adjourned at 8:49 p.m. blbul Barbara Bender, Mayor Malia lule Melisa Arnold, City Clerk HRO 2025-01 City ofSnellville Gwinnett County, Georgia A HOME RULE ORDINANCE TO AMEND SECTION 6.31 OF THE CHARTER OF THE CITY OF SNELLVILLE; TO PROVIDE FOR PROCEDURE FOR CITYI MANAGER PURCHASING. AUTHORITY; TO PROVIDE THAT CONTRACTS BE ATTESTED BY CITY CLERK; TO REPEAL CONFLICTING PROVISIONS OF THE CHARTER; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Section 6.31 "Contracting Procedures" contained in the City Charter of the City of Snellville is hereby deleted in its entirety and the following is inserted in lieu thereof: The City Council may by ordinance establish contracting procedures; provided, however, that no contract with the City shall be binding on the City unless: 1. It is in writing; 2. It is drawn by or submitted and reviewed by the City Attorney, and as a matter ofc course, is signed by the City Attorney to indicate approval oft the form; 3. It is reviewed as to substance by the City Manager and the director of the department most affected by the contract, signed by the Mayor or signed by the City Manager, with Council consent or if it is under the City Manager's purchasing limit; 4. The Mayor and City Council may authorize the City Manager to purchase items and enter into contracts for amounts to be prescribed in the City's purchasing policy, as approved by the Mayor and City Council and said purchases and contracts shall be authorized by the City Council, and such approval is entered in the City Council journal of proceedings pursuant to Section 2.20; and 5. It is attested to by the City Clerk. 1. All ordinances or parts of ordinance in conflict with this amendment are hereby repealed. 2. This ordinance shall be effective upon the date of its adoption set forth below. ORDAINED this a4 day of Feb, 2025. / Ax hd Barbara Bender, Mayor ATTEST: Kerry Hetherington, Council Member W.8 Risa Oigly wobd Gbaki Melisa Arnold, City Clerk Cristy Lenski, Council Member PRH Daitis APPROVED AS TO FORM: Norman Carter, Council Member LAGkGK JobnJ. Crowley, City Attorney Gretchen Schulz, Council Member Powell & Crowley, LLP Tod Warner, MayorPro Tem STATE OF GEORGIA CITY OF SNELLVILLE ORD 2025-05 AN ORDINANCE TO GRANT A SPECIAL USE PERMIT APPROVAL FOR A 7-FEET HIGH BY 10-FEET WIDE (140t SQ. FT.) GRAPHIC PAINTED ON THE SOUTHERN BUILDING BLEVATION OF SNELL'S PHARMACY, 2295 OAK ROAD, SNELLVILLE.; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. CASE NUMBER: #SUP 25-01 APPLICANT/PROPERTY OWNER: Michael Briscoe, Briscoe Pharmacy Holdings, LLC (dba Snell's Pharmacy) LOCATION: 2295 Oak Road, Snellville, Georgia (the "Property") TAX PARCEL: R5026 225 DEVELOPMENT/PROJECT: Snell's Pharmacy install ofa Wall Mural CONTACT: Michael Briscoe 2295 Oak Road Snellville, Georgia 30078 770-972-0700 WHEREAS, the governing authority ofthe City of Snellville, Georgia is the Mayor and Council thereof; and WHEREAS, a Mural is defined as: "any piece of artwork painted or applied directly on a wall, ceiling or other large permant surface. Aj particularly distinguishing characteristic or mural painting is that the architectural elements of the given space are harmoniously incorporated into the picture", WHEREAS, the Mayor and City Council find that the definition of "Mural" can ORD 2025-05 #SUP 25-01 Page 1 of 6 be interpreted different ways and the Council desires to give the Applicant the benefit of the doubt; and WHEREAS, the Mayor and City Council find that the Applicant's design showcases a historical logo ofthe City of Snellville; and WHEREAS, the governing authority of the City of Snellville, Georgia desires to amend its official zoning map as it applies to the 0.47: acre tract of land located at 2295 Oak Road, Snellville, Georgia (Tax Parcel R5026 225) and grant the requested special use for a 7-foot high by 10 feet wide graphic painted on the southern building elevation; and, WHEREAS, the health, safety, and welfare of the citizens of Snellville, Georgia, will be positively impacted by the adoption of this Ordinance; therefore: IT IS HEREBY ORDAINED BY THE GOVERNING AUTHORITY OF THE CITY OF SNELLVILLE, GEORGIA, and by the authority thereof: Section 1. For reasons stated in the public hearing a special use permit is hereby granted use for a 7-foot high by 10 feet wide graphic painted on the southern building elevation of Snell's Pharmacy on the 0.47+ acre tract ofland located at 2295 Oak Road, Snellville, Georgia (Tax Parcel R5026 225) as depicted in Exhibit "A" given the historical character of the logo and the potential confusion in the definition of "Mural." Section 2. Itis noted that all further "Murals" must be directly painted onto the wall oft the building and not on any raised surfaces. 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. The changes in zoning classification is to be noted on the Official Zoning Map of the City of Snellville, Georgia as approved by the Mayor and Council as ORD 2025-05 #SUP 25-01 Page 2 of6 soon as reasonably possible following the adoption oft 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 of Snellville, Georgia, as approved by the Mayor and Council, this Ordinance shall govern over Official Zoning Map oft the City of 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 5. (a). Itis hereby declared to be the intention ofthe Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of 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 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 of this 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 ORD 2025-05 #SUP 25-01 Page 3 of 6 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 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 6. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. Section 7. This Ordinance was adopted on Eb. AM 2025. The effective date ofthis Ordinance shall be the date of adoption unless otherwise stated herein. SIGNATURES BEGIN ON THE FOLLOWING PAGE] ORD 2025-05 #SUP 25-01 Page 4 of 6 ORDAINED this A day of Fehany 2025. Bh Barbara Bender, Mayor - - ATTEST: Tod Wamer,Mayor-Pro Tem M PACL wwwDld Melisa Clerk Cshobki Arnold, City Cristy Lenski,Council Member LUPER KxkELu APPROVED AS TO FORM: Gretchen Schulz, Council Member a - AAK - JohnJ. Crowley, CityAttorney Kerry Hetherington, Council Member Powell & Crowley, LLP Sfnnlots Norman Carter, Council Member ORD 2025-05 #SUP 25-01 Page 5 of6 EXHIBIT"A" ORD 2025-05 #SUP 25-01 Page 6 of 6 RECEIVED NOV 72024 PLANNING CYOH & DVORENT DVELVLE OPHARIAGT - ESL1956 PHARMACY Bao - Est. 1956 E PHAFMACY Suclla Est. 1956 P HARMACY - - STATE OF GEORGIA CITY OF SNELLVILLE RES 2025-04 RESOLUTION TO ENACT A MORATORIUM PROHIBITING THE ACCEPTING OF APPLICATIONS FOR PERMITS ON MURALS AND VARIANCES OF WALL SIGNS WHEREAS, the Mayor and Council desire to enact a moratorium prohibiting accepting applications for murals and variances on wall signs as defined by the Unified Development Ordinance ("UDO"); and WHEREAS, the Mayor and Council desire to enact a moratorium for the purpose of allowing for adequate consideration of potential amendments to the UDO related to murals and wall signs; and WHEREAS, the Mayor and Council have determined that the moratorium period should be for a period of adoption until August 15, 2025; and WHEREAS, the Mayor and Council have determined that this moratorium should be effective upon adoption without delay. IT IS HEREBY RESOLVED, by the Mayor and Council of the City of Snellville that a moratorium is hereby imposed prohibiting the accepting of any application for murals and variances on wall signs, as defined in the UDO. This moratorium shall commence on February 25, 2025 and end on August 15, 2025. The Department of Planning and Zoning is hereby directed not to issue any permits or accept any applications relating to same. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] RES 2025-04 SO RESOLVED this l day of Febnuary 2025. 25 C Barbara Bender, Mayor Tod Wamer.MayorPrpTem Cisdey ATTEST: Cali Cristy Lenski,Council Member Molixa Nudld bhhEc Melisa/Arnold, City Clerk Gretchen Schulz, Council Member hente PA V APPROVED AS TO. FORM: Norman Carter, Council Member John. J. Crowley, City Attorney Kerry Hetherington, Council Member Powell & Crowley, LLP. RES 2025-04 2