CITY OF HOSCHTON CITY COUNCIL - - THURSDAY, MAY 8, 2025, AT 6:00PM HOSCHTON COMMUNITY CENTER - 65 CITY SQUARE, HOSCHTON HOSCHTON PUBLIC HEARING AGENDA WELCOME AND CALL TO ORDER INVOCATION/ MOMENT OF SILENCE PLEDGE OF ALLEGIANCE AGENDA APPROVAL NEW BUSINESS 1. Z-25-01 Rezoning: Applicant, SEK Hoschton, LLC, seeks rezoning from C-2 (General Commercial/ighway Oriented District to a C-3 Commercial Motor Vehicles Services and Repair District. Portion of Parcel 120 013K & H01 024D; Lots 11 & 12 per Towne Center Marketplace Preliminary Plat Approved on 04/23/24. Lot 11: 1.32 acres; Lot 12 1.06 acres. Lot 11: Car Wash; Lot 12: Auto Service. Lot 11 & Lot 12: Commencing at the mitered intersection of the southerly right-of-way ofTowne Center Parkway (60' right-a-way) and the easterly right-a-way of Georgia Highway 53 (right-of-way width varies). (Tabled on March 26, 2025, by Planning and Zoning Commission, Voted by Planning and Zoning Commission on April 23, 2025, recommendation for approval from Planning and Zoning Commission. Staff recommendationfor approval) ADJOURN CITY OF HOSCHTON, GEORGIA ZONING ADMINISTRATOR'S H REPORT HOSCHTON TO: Planning & Zoning Commission, City of Hoschton Honorable Mayor and City Council, City of Hoschton FROM: Hu Blackstock, City Planner DATE OF REPORT: March 10, 2025 SUBJECT REQUEST: Z-25-01: Rezoning from C-2 (General Commercial Highway Oriented District) to C-3 (Commercial Motor Vehicle Service and Repair District) PLAN COMM. HEARING: March 26, 2025 @ 6:00 p.m. CITY COUNCIL HEARING: April 10, 2025 @ 6:00 p.m. VOTING SESSION: April 17, 2025 @ 6:00 p.m. APPLICANT: SEK Hoschton, LLC OWNER(S): SEK Hoschton, LLC PROPOSED USE(S): Lot 11: Car Wash; Lot 12: Auto Service LOCATION: Lots 11 and 12 of the preliminary plat of the Kroger development. Both lots front Peachtree Exchange Road PARCEL(S) #: Portions of parcel 120 013K and H01 024D ACREAGE: Lot 11: 1.32 acres; Lot 12: 1.06 acres; Total: 2.38 acres EXISTING LAND USE: Both lots are currently vacant. SURROUNDING LAND USE AND ZONING: North: Vacant, C-2, Lot 10 of the Kroger development East: Stormwater Ponds B & C, Beyond theses pond are townhomes in Cambridge at Towne Center (MFR) South: C-2, currently under construction Kroger and small shops adjacent to the main building West: Proposed Peachtree Road, vacant Lots 7-9 in the Kroger development, zoned C- 2 RECOMMENDATION: Approval Location of Property 1 3 A scn VAE G e 6 - / - "SASO AMATI : : : - a 1 - : - - o / 4 b Preliminary Plat 9 05 E AT a * ss a A a aD B B 0g Tax Map 1 of 2 Tax Map 2 of 2 SUMMARY OF REQUEST The applicant requests the rezoning of two lots within the Kroger development from C-2 to C-3. STANDARDS GOVERNING EXERCISE OF ZONING POWER Note: The planning commission and City Council may adopt the findings and determinations of staff as written (provided below), ori it may modify them. The commission or council may cite one or more of these in its own determinations, as it determines appropriate. The commission or council may modify the language provided here, as necessary, in articulating its own finclings. Or, the commission or council can reject these findings and make its own determinations and findings for one or more of the criteria provided below. The commission and council do not need to address each and every criterion, but only those that are relevant to support its own determination. Criteria Adopted in the Hoschton Zoning Ordinance (Section 8.03) are shown below followed by staff findings: Whether the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property. Finding: The properties currently zoned C-2 and are adjacent to C-2 properties. C-3 zoning is of a similar intensity to C-2 zoning, but is "considered inappropriate for locations visible from state highways but may be permitted in such locations subject to land development techniques that activities" Ordinance, Sec. 4.12). The lots are located screen or shield major (Hoschton Zoning on Peachtree Exchange, so they are not on a state highway, but may be visible. The surrounding land use is commercial with the exception of townhomes within the Cambridge at Towne Center development. The commercial nature of the development particularly the fuel center is compatible with the proposed uses of a carwash and auto service establishment. Care should be taken to screen major activities from townhomes and State Route 53. (supports request with possible conditions) Whether the proposal will adversely affect the existing use or usability of adjacent or nearby property. Finding: A C-3 zoning district has a similar intensity to a C-2 zoning district, but C-3 zoning districts are "intended to be located near, adjacent, or within industrial areas" (Hoschton Zoning Ordinance, Sec. 4.12). While the proposed uses compatible with the surround development, C-3 permits uses by right that may not be compatible. For example, self service mini warehouses or open-air businesses, which aren't permitted by right in C-2 zoning district. (supports request with possible conditions) Whether the property to be affected by the proposal has a reasonable economic use as currently zoned. Finding: The current C-2 zoning district does constitute a reasonable economic use. The rezoning is to allow automotive service facilities such as an oil change facility and a car wash. That said, the C-2 zoning permits a greater variety of businesses by right than the C-3 zoning district. (does not support request because current zoning does not prevent a reasonable economic use) 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 proposed use will not have an effect on schools. Since the intensity of C-3 zoning is similar to C-2 zoning, the proposed usage should not cause a burden on the streets or transportation facilities. The proposed use of a carwash may cause a burden to utilities due to the water intensive nature of carwashes relative to other businesses. (possibly supports request, confirmation of utility capacity may be required) 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 current future land use map shows the land as commercial. C-3 zoning district is a commercial district but is intended to be near industrial areas. Other lots within the development are currently zoned C-3, specifically the fuel center. (supports request). Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the proposal. Finding: The adjacent lots are owned and being developed by the applicant. The applicant does not think the rezoning would adversely affect their ability to develop the adjacent properties./fsupports request). Whether the proposal would create an isolated zoning district unrelated to adjacent and nearby districts. Finding: The property and adjacent properties are already zoned for a commercial use and the fuel center on a portion of the development is already zoned C-3. Therefore, the C-3 zoning would not be isolated. (supports request). Whether the proposal would have an impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality. Finding: Initial reviews were performed with the lots as a C-2 zoning district. Additional reviews may be required to ensure the stormwater and erosion plans do not require an update given the change in zoning. (possibly supports request, confirmation of impact may be required) CONCLUSION Approval is recommended. If appropriate during the rezoning process, the city can consider and if appropriate apply conditions of approval: ensuring activities are screened from MFR zoning (Cambridge at Towne Center), limiting which C-3 uses are allowed, requiring confirmation of utility and environmental impact. CITY OF HOSCHTON, GA APPLICATION PLANNING AND DEVELOPMENT FOR REZONING 61 City Square Hoschton, GA 30548 706-654-3034 Applicant Information: Name: SEK Hoschton, LLC Address: 2743 Perimeter Pkwy, Bldg 100, Ste 370 City, State, Zip: Augusta, GA 30909 Phone: 706-854-6720 E-mail: oysagmmwame", Property Owner Information: (fdiferentfrom applicant) Name: SEKI Hoschton, LLC Address: 2743 Perimeter Pkwy, Bldg 100, Ste 370 City, State, Zip: Augusta, GA: 30909 Phone: 706-854-8720 E-mail: Teyag-n-nene? Thej property owner, must sign the following form; if the applicant is not the property owner, you must submit evidence of property owner approval to file this application by submitting the property owner authorization form. Propertv Information: 1 Rezonlag Applicatien, Clty ofHoschton, GA (continmed) Tax Map and Parcel Number: & 12 Towne Center Plat approved on 4/23/24 Portions off Parcel 120 013k & HO1 024D; Lots 11 per Marketplaçe Preliminary Address (if one has been assigned): Not assigned at this time. The Lots have frontage along Peachtree Exchange Blvd. Acreage of Property: Lot 11: 1.32 acres; Lot 12: 1.06 acres Note: You must attach a metes and bounds legal description of the property. A boundary survey may be required; submit a copy if available. Existing Zoning District: C-2 Proposed Zoning District: C-3 Proposed Use: Lot 11: Car Wash; Lot 12: Auto Service Revlsed 5/2021 2 Rezoning. Application, City ofE Hoschton, GA (continued) Property Owner Authorization Iswear that I am the owner ofthe property which is the subject matter oft this application, as shown in the records of. Jackson County, Georgia. Name of Owner(s): SEKI Hoschton, LLC Address: 2743 Perimeter Pkwy, Bldg 100, Ste 370 Phone Number: 706-854-6720 Signature of Property Owner: 1Hos Ia authorize the person named below to act as applicant in thej pursuit of this application. Name of Applicant(s): SEKI Hoschton, LLC Address: 2743 Perimeter Pkwy, Bldg 100, Ste 370 Phone Number: 706-854-6720 Property owner personally appeared before me Jecsica ZPrry who swears that the information contained in this authorization is true and correct to the best of his or. her knowledge and belief. pDaia ey Notary Public JESSIÇA PERRY Notary FAY Georgia Richmond County My Commission Expiros 03/03/2025 January 16, 2028 Date Revised 5/2021 3 Rezoning Application, Clty ofHoschton,' GA (continued) CAMPAIGN CONTRIBUTIONS DISCLOSURE FORM (REQUIRED TO BE COMPLETED BY APPLICANT) O.C.G.A. $ 36-67A-3[c] Disclosure of campaign contributions: When any applicant for zoning action has made, within two years immediately preceding the filing of the applicant' 's application for the zoning action, campaign contributions aggregating $250.00 or more to a local govemment official who will consider the application, it shall be the duty oft the applicant to file a disclosure report with the goveming authority of the respective local government showing: (1) The name and official position of the local govemment official to whom the campaign contribution was made; and (2) The dollar amount and description of each campaign contribution made by the applicant to the local government official during the two years immediately preceding the filing of the application for the rezoning action and the date of each such contribution. I hereby certify that Ihave read the above and that (check which one applies): Ihave"* Ihave not X Within the two years immediately preceding this date, made any contribution(s) aggregating $250.00 or more to any local government official involved in the review or consideration of this application. **Ify you have made such contributions, you must provide the data required by this form. 1oksa 03/03/2025 Applicant' s Signature Date [application form continues on next page] Revised 5/2021 4 Rezoning Application, City ofE Hoschton, GA (conlinued) ZONING DECISION CRITERIA Per Section 8.03 of the Hoschton Zoning Ordinance, the following criteria are applicable to rezoning decisions. The applicant is urged but not required to substantiate the rezoning request by responding to these criteria which provide reasons for approving the application: (a) Whether the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property. Response: The proposed uses & rezoning to C-3 are suitable the surrounding commercial subdivision includes lots zoned C-2 & gven The subject lots are near an existing C-3 zoned property with a proposed use as a Fuel Center, making Auto Service and Car Wash uses complementary to the area's businesses. (b) Whether the proposal will adversely affect the existing use or usability of adjacent or nearby property. The Response: proposed uses are consistent with the surrounding commercial environment and should not adversely impact adjacent properties. (c) Whether the property to be affected by the proposal has a reasonable economic use as currently zoned. Response: The property has a reasonable economic use under the current C-2 zoning; however, rezoning to C-3 would enhance the development potential by allowing additional auto-oriented services that are compatible with the adjacent Fuel Center, increasing the commercial viability of the subject lots. (d) 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. Response: The proposed rezoning is not expected to create excessive demand on infrastracture. There will be no impact on schools as the proposed uses are nonresidential. Utility requirements are manageable based on the existing utility infrastructure intended to support the subject lots. Vehicular access to the subject lots will utilize the newly constructed road named Peachtree Exchange Blvd which connects to SR 53 & Towne Center Parkway. Revised 5/2021 5 Rezoning Application, City of! Hoschton, GA (continued) (e) Whether the proposal is in conformity with the policy and intent of the comprehensive plan including the character area map and/or future land use plan map. The Response: city's future land use plan map shows the site as being suitable for commercial land use. Therefore, the request is consistent with the comprehensive plan. Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the proposal. Response: under The surrounding commercial subdivision (Kroger Marketplace GA684) is currently development. The presence of an existing C-3 zoned lot within the subidivision supports the suitability of additional auto related commercial services. (g) Whether the proposal would create an isolated zoning district unrelated to adjacent and nearby districts. No, Response: the proposed rezoning would not create an isolated zoning district based on the surrounding commercial zoning districts of C-2 & C-3. (h) Whether the proposal would have an impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality. The Response: proposed development will adhere to all environmental regulations, including proper drainage. erosion control. and water quality measures. [application form continues on next page] Revised 5/2021 6 Rezoning Application, City ofHoschton, GA (continued) this form: To complete your application, attach/submit the following in addition to completed Application fee as established by resolution of the City Council (see fee schedule). Make check payable to the City of Hoschton. Metes and bounds legal description oft the property. Boundary survey plat of the property; provided, however, that where no survey is available the Zoning Administrator may but is not obligated to, accept a map oft the subject property from the Jackson County Tax Assessors or other reliable source. Letter of intent describing the proposed use oft the property or other action requested, which may include any special conditions voluntarily made by the applicant as a part of the request. Site plan (15 copies plus digital copy in pdf format) ofthe property and proposed development at an appropriate engineering scale showing the proposed use and relevant information regarding proposed improvements. Site plans must show existing roads and streams, flood plains and wetlands where applicable, existing and proposed buildings and structures, parking and loading areas as may be applicable, areas of existing vegetation or parts ofthe site to be landscaped, conceptual information about drainage and stormwater management, and other information as reasonably required by the Zoning Administrator. Site plans may be waived for rezoning applications for agricultural or residential zoning districts. Please be advised ofthe following rezoning procedures: The zoning administrator will determine whether the application is complete (incomplete applications will not be processed). Public notice of mectings (including sign on property and newspaper notice) of completed applications will be accomplished by the city. A staff report and recommendation will be prepared by the zoning administrator and submitted to the Hoschton Planning and Zoning Commission (which meets once a month) and Hoschton Mayor and City Council (regularly meets once monthly). The Planning and Zoning Commission will make a recommendation on the application, but the final decision is by the Hoschton City Council. Applicants are required to attend the Planning and Zoning Commission meeting and public hearing before the Mayor and Citv Council. Contact the zoning administrator for specific dates at which your application will be considered. FOR OFFICE USE ONLY: : APPROVED : DENIED AMOUNT PAID: DATE: FORM OF PAYMINT: CHECK # CREDIT CARD CASH Revised 5/2021 7 nn ROBERTSON LOIA RooF L A RCHITECTS & ENGINEERS March 3, 2025 City ofl Hoschton, GA Planning and Development 79 City Square Hoschton, GA 30548 LETTER OF INTENT FOR REZONING SEK Hoschton, LLC is submitting the following rezoning request for the two subject properties, identified as Lot I1 & Lot 12 on the Preliminary Plat titled Towne Center Marketplace approved on June 261h, 2024. The subject properties are witbin the commercial subdivision associated with the Kroger Marketplace project on SR 53 which includes a proposed traffic signal at the SR 53 & Peachtree Rd Intersection as well as a new connector drive to Towne Center Parkway. The request seeks to rezone these parcels from C-2 (General Commercial Highway Oriented District) to C-3 (Commercial Motor Vehicles Service & Repair District) to accommodate their intended uses. Subject Property Parcel ID Rezoning Proposed Use Owner Lot 11 Portions of 120 013K C-2to C-3 Car Wash SEK Hoschton, LLC Lot 12 Portions of 120 013K, HOI 024D C-2to C-3 Auto Service SEK Hoschton, LLC Lot 11 is proposed to be developed as a modern Car Wash facility with frontage along the newly constructed Peachtree Exchange Blvd. The facility will be constructed in compliance with all city codes and standards, ensuring minimal impact on surrounding areas. Lot 12 is intended for use as an Auto Service center. The service center will adhere to all applicable regulations to ensure it remains a beneficial addition to the community. The frontages of these lots are approx. 400' from the existing Hwy 53 right-of-way and visual buffers from Hwy 53 will include the future commercial developments associated with Lot 7, 8, & 9i in addition to multiple landscape strips across these lots. The northern side ofLot 11 is approx. 350' from the existing Towne Center Parkway right-of-way and visual buffers will include the future commercial development associated with Lot 10. Please refer to the Preliminary Plat titled Towne Center Marketplace approved on 06/26/24 for additional information the and to the Lot 11 & 12 Conceptual Site Plan dated 03/03/25 for conceptual details on the layout of the on Subject Properties proposed uses. 770-674-2600 . Fax 678-319-0745 . 3460 Preston Ridge Road - Suite 275 . Alpharetta, Georgia 30005 1 4 1 su "e - BDVTJLINIVW S3LVID05SV LNBA 0T3A30 a NNBSV NSJNSD: HNMOLIOI - sHila 341 :2 VIOTS SOLR 35011 IVTd. AVKTAITENd VAIDUS NOSINIRON U I J001 VIOT BDVIHINNVI MILNES INAOL N E a - E ! - - A 3 : E d8 asbvaa 5 - A F e 5 a / a - a 3 6 a 0 - a / : à 1 : 2 Pe : RE #A ERRE 1 - - - - P - : ! E 155 5 : 2 ITREIIERE : E $ On 1 - RIEN I E 0 : E : E : 5 E : E Z - Ec : : 5 : : I - - i 5; 1 E 15 I 2, I: !! 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LOT #12 DPLAND1, LLC Proposed Peachtree Road ALL That tract or parcel ofland lying or being in the Georgia Militia District 1407, City of Hoschton, Jackson County, Georgia and being more particularly described as follows: Commencing at the mitered intersection oft the southerly right-of-way of Towne Center Parkway (60' right-of-way) and the easterly right-of-way of Georgia Highway 53 (right-of-way width varies), having the Georgia State Plane coordinates ofNorthing: 1,489,103.68, and Easting: 2,419,814.24, said point being the Point ofCommencement, THENCE along the said mitered intersection proceed North 23°44'18" East, a distance of72.23 feet to a point on the southerly right-of-way line ofTown Center Parkway (60' public right-of- way); THENCE along the said southerly right-of-way line ofTown Center Parkway North 68°44'26" East, a distance of280.16 feet to a point on the proposed northerly right-of-way line of] Proposed Peachtree Road (50' public right-of-way); THENCE continuing along the said southerly right-of-way line ofTown Center Parkway North 68°44'26" East, a distance of25.03 feet to a point on the proposed easterly right-of-way line of Proposed Peachtree Road (50' public right-of-way); THENCE leaving the said southerly right-of-way line ofTown Center Parkway proceed along the said easterly right-of-way line of Proposed Peachtree Road (50' public right-of-way) South 21°15'03" East, a distance of338.80 feet a point; THENCE continuing along the said easterly right-of-way line ofProposed Peachtree Road South 21°15'03" East, a distance of234.61 feet to the POINT OF BEGINNING, said point having the Georgia State Plane coordinates of Northing: 1,488,746.04 and Easting: 2,420,338.57; THENCE leaving the said easterly right-of-way line of Proposed Peachtree Road North 68°46'45" East, a distance of250.46 feet to a point on the westerly line oft the proposed Stormwater Ponds B and C; THENCE along the said westerly line of the proposed Stormwater Ponds B and C South 21°13'15" East, a distance of 172.38 feet to a point; THENCE continuing along the said westerly line ofthe proposed Stormwater Ponds B and C South 58°00'33" West, a distance of 50.03 feet to a point THENCE more or less leaving the said westerly line of the proposed Stormwater Ponds B and C: southwesterly and westerly a distance of51.74 feet along the arc of a curve to the right, having a radius of276.00 feet and being subtended by a chord which bears South 63°22'45" West, for a distance of51.66 feet, to a point; THENCE South 68044'57" West tangent to said curve, a distance of 129.87 feet to a point; THENCE North 66°08'51" West, a distance of28.23 feet to a point; THENCE North 21°10'02" West, a distance of 20.40 feet to a point; THENCE North 21°15'03" West, a distance of 146.27 feet to the POINT OF BEGINNING. Said tract or parcel ofland containing 45,978 Square Feet or 1.056 Acres, more or less. CITY OF HOSCHTON COUNTY OF JACKSON STATE OF GEORGIA ORDINANCE NO. Z-25-01 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF HOSCHTON, ADOPTED AS PART OF THE HOSCHTON ZONING ORDINANCE WHEREAS, City ofHoschton, applicant, SEK Hoschton, LLC property owner, has applied for rezoning oflot 11 and lot 12 of the preliminary plat ofl Kroger development. Both lots front Peachtree Exchange Road. WHEREAS, the Property to be rezoned consists of all that tract or parcel ofland lying and being in Jackson County Georgia, consisting ofLot 11 (120 013K): 1.32 acres; Lot 12 (H01 024D): 1.06 acres; Total: 2.38 acres). WHEREAS, the Applicant has applied for rezoning of the property in the City ofl Hoschton from C-2 (General Commercial Highway Oriented District) to C-3 (Commercial Motor Vehicles Services and Repair District), to modify certain zoning conditions. WHEREAS, the City Council ofthe City of Hoschton has authority pursuant to the Hoschton Zoning Ordinance to amend the City ofHoschton's Official Zoning Map; and WHEREAS, the city's planning consultant has prepared a report evaluating the criteria for zoning decisions as they pertain to the requested zoning and finds that the application meets the vast majority of criteria, including compatibility with surrounding properties if approved with conditions; and WHEREAS, an advertised public hearing before the Hoschton Planning Commission was held on the requested zoning; and WHEREAS, the Hoschton City Council held an advertised public hearing on the application and have complied with all applicable laws and ordinances with respect to the processing of such application; and WHEREAS, it has been determined by the City Council that it is desirable, necessary and within the public's interest to approve the institutional zoning classification as applied to the subject property and to amend the City of Hoschton's Official Zoning Map accordingly. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE GOVERNING AUTHORITY OF THE CITY OF HOSCHTON AS FOLLOWS: Section 1. The Property, legally described in Exhibit A attached to this ordinance, is hereby rezoned to modify certain zoning conditions. 1 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY REZONED Property to be rezoned consists of all that tract or parcel of land lying and being in Jackson County Georgia, consisting ofI Lot 11 (120 013K.): 1.32 acres; Lot 12 (H01 024D): 1.06 acres; Total: 2.38 acres). Location of Property 1 MY * : B "LA im AT - E - Preliminary Plat maa Tax Map 1 of 2 Tax Map 2 of 2 2 EXHIBIT B CONDITIONS OF ZONING APPROVAL (Z-25-01) 1) Overnight, outdoor parking shall be limited to 72 hours. 2) Land development and landscaping techniques shall screen major activities from Hwy 53 and Cambridge at Towne Center townhomes. 3) Dryers for car wash shall be limited to 65 decibels 4) Car wash shall be equipped with a water filtration and reclamation system. 5) Hours of operation shall be limited to between 7 AM and 9 PM 6) Servicing (emptying) dumpsters shall occur within business hours. 7) Outdoor storage areas shall be prohibited. Section 2. The City Clerk is hereby directed to amend the Official Zoning Map to reflect C3. SO ORDAINED THIS gth DAY OF MAY, 2025 Debbie Martin, Mayor ATTEST: Jennifer Kidd-Harrison, City Clerk Approved as to Form: Abbott S. Hayes, Jr., City Attorney 3