Nancy Harris, Mayor - Duluth, GA

PLEASE NOTE: This and other city meetings may be audio and/or videotaped for broadcast, transcription and/or archival purposes. As set forth in the Americans with Disabilities act (ADA) of 1992, the City of Duluth government does not discriminate on the basis of disability in the admission or access to or treatment of employment in its programs or activities, and complies with the requirements contained in section 35.107 of the Department of Justice regulations. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program, or activity of the City of Duluth government should be made seven days prior to the event. Inquiries should be directed to the ADA Coordinator in the Planning Department, located at 3167 Main Street, Duluth, GA. 30096, telephone (770) 476-1790.

Nancy Harris, Mayor Marsha Anderson Bomar, Post 1

vacant, Post 2

WORK AGENDA MAYOR AND COUNCIL

CITY OF DULUTH, GA 3167 Main Street Duluth, GA 30096

Billy Jones, Post 3 Kelvin J Kelkenberg, Post 4

Greg Whitlock, Post 5

MARCH 9, 2020 CITY HALL - COUNCIL CHAMBERS 6:00 pm

The leaders and staff of the City of Duluth are dedicated to ensuring that Duluth is:

an Attractive Destination, a Quality Community, a World Class Government, and promotes a Sustainable Economic Environment.

5:30 P.M. – AGENDA REVIEW Main Street Conference Room 6:00 P.M. - CALL TO ORDER Mayor Harris or Mayor Pro tem Kelkenberg INVOCATION OR MOMENT OF SILENCE PLEDGE OF ALLEGIANCE I. ANNOUNCEMENTS

1. AGENDA CHANGES (IF NECESSARY)

II. CEREMONIAL MATTERS

1. STAR STUDENTS Congratulations to Duluth High School student Shalin Jain and teacher Christopher DeCastro and Peachtree Ridge High School student Alice Ao and teacher Yancy Miller for being named the Student Teacher Achievement Recognition (STAR) recipients. The STAR program honors Georgia’s highest achieving high school seniors and teachers who have been most instrumental in their academic development. The STAR program was created by Georgia Chamber of Commerce in 1958 and has honored nearly 27,500 students, who have in turn chosen their STAR Teachers to share in this recognition.

M&C Work Agenda March 9, 2020

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III. CONSENT AGENDA

1. APPROVAL OF FEBRUARY 10 & 24 MINUTES 2 attachments

2. ORDINANCE TO APPOINT MUNICPAL COURT JUDGES attachment The Duluth City Charter provides for the appointment of the municipal court judges, by ordinance. State law 36-32-2 mandates that appointed municipal court judges be appointed for a term of not less than one year. The term is to be memorialized by agreement, ordinance, or a charter provision. Approval of this item approves ordinance O2020-05 that reappoints all currently serving municipal court judges, Charles L. Barrett III, Margaret Gettle Washburn, Claude Mason, Chung Hun Lee, and Tiffany Porter.

3. ORDINANCE TO APPOINT DOWNTOWN DEVELOPMENT AUTHORITY attachment Approval of this item approves ordinance O2020-06 reappointing Slade Lail and Richard Meehan to serve in the at-large City Tax Payer positions and the reappointment of Jim Graham to serve in the Economic Interest position. Terms will expire in 2024.

4. ORDINANCE TO APPOINT DULUTH PUBLIC ART COMMISSION attachment Approval of this item approves ordinance O2020-07 reappointing Abby Burton and Kristina Jackson, and newly appoints Dan Hancock, Kathleen Innes, Sanjay Parekh and Julie McKevitt for varying terms to achieve staggering on DPAC.

5. ORDINANCE TO APPOINT PLANNING COMMISSION attachment Approval of this item approves ordinance O2020-08 newly appointing Niti Gajjar and Carey Fisher (Alt) to fill the expired terms of Gary Canter and Bernard Robertson.

6. ORDINANCE TO APPOINT ZONING BOARD OF APPEALS attachment Approval of this item approves ordinance O2020-09 re-appointing Verdi Avila and newly appointing Patrick Lynch (Alt) to fill the expired terms of Carey Fisher.

7. ORDINANCE TO AMEND THE DULUTH CODE – SECTION 3-335 – FEES attachment Approval of this item amends the Duluth Code of Ordinances Chapter III, Alcoholic Beverages with ordinance O2020-10 by adding the fees for a Wine Bar to Section 3-335.

8. ACCEPTANCE OF DONATION – SCOTT HUDGENS PARK IRRIGATION PUMP attachments Approval of this item accepts a donation of $19,000 from the Atlanta Fire United Soccer Association for the replacement of its irrigation pump at Scott Hudgens Park. The Atlanta Fire United Soccer Association has operated youth soccer at the Scott Hudgens Park since the early 1990's. The City entered into a long-term usage agreement with the Department of Natural Resources prior to entering into a long term usage agreement with Atlanta Fire United in 1999. Per the City usage agreement, the soccer association is responsible for park maintenance and program operations pertaining to the scheduled use of youth soccer. The old irrigation pump that was installed prior to the City coordinating park use through the Department of Natural Resources surpassed its life expectancy. January 2020, Atlanta Fire United Soccer Association purchased and installed a new 10hp 77gpm (70 @ 450fh) S.S. Grundfos Submersible Pump with 4" Pentair 460v 3 phase motor and Pentair Intellidrive XL Control Monitor Unit NEMA 3R w/ pressure sensor. The cost of


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the pump is $19,000.00 and is used for maintaining the safe playing conditions of the Scott Hudgens Park Duluth Soccer Complex and the City thereby accepts the donation.

9. ORDINANCE TO AMEND THE FY20 BUDGET - $5,160 – PAVER LOT REPAIR attachment Last year, a driver struck the retaining wall in the back of the paver lot on Main Street. After getting estimates for the repairs, the City filed a claim against the driver through our insurance carrier. The estimate to repair the wall was $5,160 and the City received a settlement for that amount. Staff is requesting that $5,160 be added to the Public Works budget to hire the contractor to make the repairs. Approval of this item authorizes a budget amendment (BA-FY20-21) to add $5,160 it the Public Works - Citywide Building/Property Maintenance - General Repairs line item.

10. AUTHORIZATION AND WAIVERS - 2020 EVENT CALENDAR Approval of this item acknowledges that the following events are deemed sponsored or cosponsored by the City of Duluth. Approval of this item also waives food service requirements per Section 26-2-370 of O.C.G.A., which exempts food vendors from having to obtain said permits provided that the event lasts 120 hours or less. The waiver applies to signage fees and signage location requirements provided that the City Clerk and Public Works Director are given a list of where signs will be erected throughout the city for promotion of approved events. Events labeled Open Zone will allow alcohol to be purchased from Licensed Merchants within the Downtown area and carried out as well as allow coolers to be brought into the designated area. All other events taking place in downtown fall under the Licensed Merchant Zone that allows alcohol to be purchased from the Downtown Licensed Merchants and carried out into the Downtown area. March: March 25th- Cinema at the Red Clay March 28th- Muddbuggs & Music Festival (co sponsorship)

April: April 11th- Rotary Car Show (co sponsorship) April 18th- DHS Football 5K (co sponsorship)

May (Art Month): May 1st- Fridays-N-Duluth: Presents Food Truck Friday/Lantern Walk/DFAL Art Walk May 2nd- Duluth Derby Day

May 3rd- El Senor Taco Festival (co sponsorship) May 7th-May 10th- Paint Duluth (co sponsorship) May 8th- Fridays-N-Duluth: Presents Food Truck Friday May 9th- Fast Track 5K (co sponsorship) May 9th- DHS Musical *Open Zone May 11th- Seek Duluth (formerly Tweet & Seek) May 14th- Eats & Beats May 15th- Fridays-N-Duluth: Presents Food Truck Friday May 19th- Tuesday Takeover May 22nd- Fridays-N-Duluth: Presents Food Truck Friday with Memorial Day theme May 23rd-24th- Spring Arts Festival (co sponsorship) May 29th- Fridays-N-Duluth: Presents Block Party on Main *Open Zone

June: June 5th- Fridays-N-Duluth: Presents Food Truck Friday & Flicks on the Bricks June 12th- Fridays-N-Duluth: Presents Food Truck Friday June 13th- Indie Green Festival (co sponsorship) June 19th- Fridays-N-Duluth: Presents Food Truck Friday


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June 20th- Summer Stage Concert *Open Zone June 26th- Fridays-N-Duluth: Presents Block Party on Main *Open Zone July: July 3rd- Duluth Celebrates America *Open Zone July 10th- Fridays-N-Duluth: Presents Food Truck Friday July 17th- Fridays-N-Duluth: Presents Food Truck Friday July 18th- Whatever Floats Your Boat July 24th- Fridays-N-Duluth: Presents Food Truck Friday July 29th- Back to School Bubblepalooza July 31st- Fridays-N-Duluth: Presents Block Party on Main *Open Zone August: August 7th- Fridays-N-Duluth: Presents Food Truck Friday and Flicks on the Bricks August 14th- Fridays-N-Duluth: Presents Food Truck Friday August 15th- Summer Stage *Open Zone August 21st- Fridays-N-Duluth: Presents Food Truck Friday August 28th- Fridays-N-Duluth: Presents Block Party on Main *Open Zone September: September 4th- Fridays-N-Duluth: Presents Food Truck Friday & Flicks on the Bricks September 11th- 9/11 Tribute September 11th- Fridays-N-Duluth: Presents Food Truck Friday September 12th- Fall Festival Concert *Open Zone September 18th- Fridays-N-Duluth: Presents Food Truck Friday September 26th-27th- Fall Festival October: October 3rd- Community Yard Sale October 6th- STEAM October 24th-Rocky Horror Picture Show October 28th- Cinema at the Red Clay October 30th- Howl on the Green November: November 18th- Cinema at the Red Clay December: December 5th- Deck the Hall December 12th- Cookies & Cocoa with Santa December 30th- Cinema at the Red Clay

11. RESOLUTION – SUPPORTING LOCALLY-ESTABLISHED BUILDING DESIGN STANDARDS FOR

RESIDENTIAL DWELLINGS attachment HB 937 would preempt citizens from working with locally elected officials to establish residential building design standards that are appropriate for each community and differ throughout the state. This legislation cuts to the core of all local governments’ home rule powers and undermines residents’ input in the local community planning processes already in place. Approval of this item authorizes Mayor and Council to execute a resolution that allows for supporting locally established building design standards for residential dwellings.


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IV. NEW BUSINESS

1. STUDENT LEAD PROGRAM PRESENTATION Members of the Student LEAD Program will present to the Mayor and Council their proposed project for consideration.

V. PUBLIC HEARINGS

1. ORDINANCE TO AMEND THE UNIFIED DEVELOPMENT CODE – TA2020-01 attachments The City of Duluth finds that it is necessary to review and amend the Unified Development Code (UDC) from time to time in order to protect the health, safety and welfare of the public and provide a healthy economic climate within the City of Duluth and surrounding communities. The Mayor and Council to consider a Text Amendment (TA2020-001) of the Duluth Unified Development Code. The proposed amendment concerns modifications to Article 2 and Article 3. A staff report detailing the case is attached. Planning Commission recommended approval of Case TA2020-001 at the March 2, 2020 hearing and staff concurs. The minutes and a copy of the public hearing advertisements are attached.

2. ORDINANCE OF SPECIAL USE PERMIT – TOXAWAY AUTOMOTIVE GROUP attachments The Mayor and Council to consider a request (SU2020-001) from Toxaway Automotive Group on behalf of the owner, Georgia Taco LLC, for Special Use approval to operate an Automotive Repair and Maintenance facility on a +/- 0.59 acre property located at 4165 Pleasant Hill Road Duluth, Georgia 30096 (tax parcel R6321 110). The property is currently zoned Duluth C-2 (General Business District) and will not change. Planning Commission recommended denial of Case SU2020-001 at the February 3, 2020 hearing. The minutes and a copy of the public hearing advertisements are attached. Staff also recommends denial of Case SU2020-001. VI. MATTERS FROM DEPT HEADS/CITY ATTORNEY

1. ORDINANCE TO AMEND THE FY20 BUDGET - $85,000 – WARRANT TEAM VEHICLE attachment In 2003, the Police Department received a grant for the purchase of the "Command Vehicle". The vehicle was a 2004 diesel powered Freightliner. Police staff looked into upgrading the command vehicle in order to better serve the needs of the department, however, due to the age of the vehicle it was determined the cost would not be justified. For this reason, the police department sold the command vehicle for $85,000. The Police Department intends to use these funds to purchase a new vehicle for the Warrant Team. Approval of this item authorizes a budget amendment (BA-FY20-22) to add $85,000 to the SPLOST Vehicles - Police - Consolidated Vehicles Maintenance - Vehicles line item.

2. ORDINANCE TO AMEND THE FY20 BUDGET - $150,000 – POLICE CAMERAS attachment As part of an ongoing capital project, the Police Department is installing cameras throughout the City at various locations. The cameras are used to monitor traffic on streets, in City buildings, activity in City parks


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and pedestrians in and around the downtown. The overall camera program has been quite successful in focusing limited police resources to the various areas of the City. In order to continue to expand the program, additional funding is needed. Staff is requesting Council approval of a capital projects budget amendment (BA-FY20-023) to add $150,000 in unallocated 2017 SPLOST funds to the program. Any funds not used in the current year will be carried over and used in the next fiscal year. Approval of this item adds $150,000 in unallocated 2017 SPLOST Public Safety funds to the Police Capital Projects - Police - Police Equipment line item. VII. MATTERS FROM CITIZENS

VIII. MATTERS FROM COUNCIL IX. MATTERS FROM CITY MANAGER X. EXECUTIVE SESSION It may be necessary to hold an executive session on Real Estate, Pending/Potential Litigation, or Personnel, which is properly excluded from the Georgia Open and Public Meeting Law (O.C.G.A. 50-14).

XI. ADJOURNMENT

The next scheduled meeting of the Mayor and Council is a work session for March 23, 2020 at 5:30 p.m.

DRAFT MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA FEBRUARY 10, 2020

PRESENT: Mayor Harris, Council members Bomar, Carden, Jones, Kelkenberg and Whitlock, City Manager,

Department Directors, City Attorney A work session was held prior to the regular scheduled meeting to allow the elected officials to discuss this evening’s agenda items. No other items were discussed Mayor Harris called the meeting to order at 6:00 p.m. and called for a moment of silence, followed by the Pledge of Allegiance. I. ANNOUNCEMENTS

1. AGENDA CHANGES – Removed Item VIII - “Executive Session” from the Agenda 2. RECOGNITION - COLEMAN MIDDLE SCHOOL CHEER TEAM

Councilmember Jones expressed appreciation to the members of the Coleman Middle School Cats cheer squad for their act of kindness in reaching out and supporting the lone member of Hull Middle School’s Cheer Team who was able to make the North Gwinnett basketball tournament last Saturday due to inclement weather. They also helped the reduced Creekland squad members. The sportsmanship and kindness they expressed signifies what Duluth stands for and the type of community we have. Coach: Shannon Jones Captains: Kennedie Brown 8th Grade Danielle Lewis 8th Grade Anylah Austin 7th Grade Madison Jones 7th Grade Kayla Ayers, Samantha Bell, Kai Jadyn Brown, Emma Clay, Maria Lucia Duran, Karen Gonzalez, Chaynce Green, Valeria Hernandez, Micaiah Jones, Rachel Sanchez, MaKiya Smith, Alivia Watson, Chaz Echerer- Basketball player

3. CERTIFICATE OF ACHIEVEMENT – COUNCILMEMBER WHITLOCK

On behalf of the Mayor and Council, Councilmember Bomar congratulated Councilmember Greg Whitlock on receiving the Certificate of Achievement from the Harold F. Holtz Municipal Training Institute during the Georgia Municipal Association’s (GMA) Cities United Summit in Atlanta on Sunday, Jan. 26. The Harold F. Holtz Municipal Training Institute, a cooperative effort of GMA and the University of Georgia’s Carl Vinson Institute of Government, provides a nationally recognized series of training opportunities for city officials. To receive a Certificate of Achievement, a city official must complete a minimum of 72 units of credit, including at least 36 hours from a list of required classes. The training program consists of a series of more than 60 courses.

Draft Minutes of the M&C February 10, 2020

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“This is an outstanding achievement,” said GMA Executive Director Larry Hanson. “We commend Council member Whitlock for this accomplishment and for the dedication he’s shown in using this valuable resource to become a more effective city official.”

4. UPCOMING EVENTS – visit www.duluthga.net/events

Cinema at the Red Clay - FREE movies at the Red Clay Music Foundry! Doors open 6:30pm; movie begins at 7:00pm. Wednesday, February 26 – “Willy Wonka and the Chocolate Factory;” Wednesday, March 25 – “The Wizard of Oz.” Duluth “LEAD” - leadership program begins Tuesday, February 11 and is held for 7 weeks. II. CONSENT AGENDA

1. APPROVAL OF JANUARY 13 & JANUARY 21, 2020 MINUTES 2. GEORGIA MUNICIPAL ASSOCATION – PENSION ADOPTION AGREEMENT {A}

Approval of this item authorizes the Mayor to execute a City Attorney approved amendment and restatement of the GMA Defined Benefit Retirement Plan. The agreement does not in any way change the City's defined benefit plan but only reflects inclusion of specific IRS rules and regulations cited within the text.

3. APPROVAL OF ROGERS BRIDGE INTERPRETIVE PANELS {B} As presented and discussed at the November 25, 2019 work session, part of the mitigation requirements for the Rogers Bridge Project include the development and construction of interpretive panels describing the bridge's importance as a historic resource and the evolution of the new bridge. Staff addressed Council's comments from the work session and submitted the panel layouts to Georgia DOT (GDOT) for review. Staff addressed GDOT's comments and GDOT submitted the panel layouts to the State Historic Preservation Officer (SHPO) for review and comments. Staff addressed SHPO's minor comments and SHPO approved the panels and the location for erection. No further changes are permitted without SHPO's consent. Then next step is to send the layouts to the manufacturer for development and storage (until bridge construction is complete). The panels must be paid in full prior to the bridge construction let date as they are considered mitigation costs and are covered by preconstruction dollars. Approval of this item indicates Council's concurrence on the final layout of the panels, to be sent to the manufacturer on 2/11/20 if approved.

4. ACCEPT DONATION/ORD TO AMEND FY20 BUDGET - $3,000 – ALLSOUTH TUBING {C} Recently, Jeff McCullough, owner of $10 Tubing in Duluth, donated $3,000 to the Duluth Youth Basketball League. The generous donation sponsored jerseys for the league, as well as youth scholarships for league participants. Staff is requesting these funds be added to the current year's budget. Approval of this item authorizes a budget amendment (BA-FY20-16) to added $3,000 to the Parks & Recreation - Recreation Programs - Supplies line item.

5. ACCEPT DONATION/ORD TO AMEND FY20 BUDGET - $8,000 – BE DULUTH SHOW {D} The City of Duluth has received $8,000 in donations from various local businesses to support the Mayor's Annual Be Duluth Show that was held at the Red Clay Music Foundry in January. Approval of this item accepts the donations and approves a corresponding budget amendment (BA-FY20-17) to added $8,000 to the Public Information/Marketing - Public Information Administration - Employee/Council & Community Relations line item.


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6. ACCEPT DONATION/ORD TO AMEND FY20 BUDGET - $3,685 – PD BANQUET {E}

The City of Duluth Police Department has received 3,685 in donations from various local merchants and citizens for holding their annual police banquet. Approval of this item accepts the donations and a corresponding budget amendment (BA-FY20-18) to add $3,685 to the COPS Fundraiser/Donations - Donations line item and a like amount to COPS Fundraiser/Donations - Police Administration - Supplies line item.

7. ORDINANCE TO AMEND THE FY20 BUDGET - $5,000 – AUTOMOBILE COMPUTERS {F} This fiscal year the Planning Department has purchased three new vehicles and sent one used vehicle to auction. After commission and fees, the City received $6,025 in auction proceeds for the vehicle. In order to outfit the new vehicles for use by the Planning Department staff, computers and in-car mounts must be purchased. Staff is requesting that $5,000 of the auction proceeds be added to the Planning Department's budget to purchase the computers. Approval of this item authorizes a budget amendment (BA-FY20-19) to add $5,000 to the Planning Department - Planning Department Administration - Vehicles line item. A motion was made by Councilmember Whitlock, seconded by Councilmember Bomar, to approve the Consent Agenda as presented. Those voting for: Council members Bomar, Carden, Jones, Kelkenberg and Whitlock Motion carried.

III. NEW BUSINESS

1. ORDINANCE TO AMEND THE DULUTH CODE – ALCOHOL {G}

The Alcohol Board met on Tuesday, January 21 to discuss a request for consideration to locate a “Wine Bar” in the Central Business District, as this type of business does not fit the current definition of “Tavern.” Following discussion, the Board voted authorizing the staff to bring the request forward to the Mayor and Council for consideration allowing “Wine Bars” in the Central Business District as presented. A motion was made by Councilmember Kelkenberg, seconded by Councilmember Jones, to approve Ordinance 02020-04 amending Chapter 3 of the Duluth Code to allow for “wine bars” in the Central Business District as presented. Those voting for: Council members Bomar, Carden, Jones, Kelkenberg and Whitlock Motion carried.

2. ORDINANCE TO AMEND THE FY20 BUDGET - $2,325,000 – DOWNTOWN PARKING DECK {H} Mayor Harris explained that the Mayor and Council previously authorized an Intergovernmental Agreement between the City and the Downtown Development Authority (DDA) to transfer 1.839 +/- acres at the corner of Hill Street and Ridgeway Road to the DDA. The purpose of the transfer was to allow the DDA to enter into a Development and Purchase Agreement with SH Duluth, LLC to construct a hotel and parking deck on the site. The agreement between the DDA and SH Duluth, LLC calls for SH Duluth, LLC to construct a two level parking deck, with level one consisting of 179 public parking spaces and level two consisting of at least 40 public parking spaces. As part of the agreement, the DDA is to purchase the parking spaces from SH Duluth, LLC for $4,400,000. The original agreement was later amendment to increase the purchase price to $4,650,000. The


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agreement further stipulated the purchase price would be paid in two installments. The first installment of $2,325,000 is due within 30 days of the City issuing the Certificate of Occupancy (CO) for the first level of parking. The second installment of $2,325,000 is due within 30 days of the City issuing the Certificate of Occupancy for the second level of parking. Based on recent conversations with SH Duluth, LLC, it is anticipated the CO for the first level will be issued around May or June of 2020. For this reason, staff is requesting the approval of a capital projects budget amendment (BA-FY20-20) to include the transfer of $278,828 in 2014 SPLOST unallocated Parking Facilities funds and $2,046,172 in 2017 SPLOST unallocated Parking Facilities funds to the Downtown Parking Facilities capital project fund. Approval of this item adds $278,828 in unallocated 2014 SPLOST Parking Facilities funds and $2,046,172 in unallocated 2017 SPLOST Parking Facilities funds to the Downtown Parking Facility - Parking - Site Improvements line item. Councilmember Bomar was extremely complimentary of the building contractors at the hotel site. A motion was made by Councilmember Bomar, seconded by Councilmember Kelkenberg, to approve to add $278,828 in unallocated 2014 SPLOST Parking Facilities funds and $2,046,172 in unallocated 2017 SPLOST Parking Facilities funds to the Downtown Parking Facility - Parking - Site Improvements line item as presented. Those voting for: Council members Bomar, Carden, Jones, Kelkenberg and Whitlock Motion carried.

3. AUTHORIZATION FOR CONTRACT – IWORQ COMMUNITY DEVELOPMENT SOFTWARE {I} Planning Director Bill Aiken came forward to present. The Mayor and Council was asked to consider a request to authorize the City Manager to enter into an Agreement with iWorQ Systems to provide software applications that will meet the needs of the Department of Planning & Development as well as licensing functions managed by the City Clerk's Department. These applications include Building Permits, Development Permits, Planning Cases, Code Enforcement, Work Orders, Inspections, Stormwater MS4 Compliance, Alcohol Licenses, Occupational Tax Certificates and Asset Management. The City considered software from three qualified providers (iWorQ System, EnerGov by Tyler Technologies and OpenGov). Staff recommends moving forward by entering into an Agreement with iWorQ system to provide software services to the City of Duluth. The initial setup and training will be a one-time cost of $16,000. The annual agreement cost of $24,500 will start in FY21. These expenses are expected to be covered by the reduction in cost that will occur when the City ceases using New World to provide similar services. A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to approve the contract and authorize the Mayor or City Manager to execute. Those voting for: Council members Bomar, Carden, Jones, Kelkenberg and Whitlock Motion carried. IV. MATTERS FROM COUNCIL

1. Councilmember Bomar thanked Public Works for their assistance with the snow day. 2. Councilmember Kelkenberg requested that staff investigate the lack of electricity in the Red Clay

Theatre Building. He has received request to serve popcorn inside the Red Clay during Cinema at Red Clay.


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3. Councilmember Bomar recognized members of Boy Scout Troop #846 who were present to earn their Citizenship in Community Badge.

V. ADJOURNMENT A motion was made by Councilmember Whitlock, seconded by Councilmember Carden, to adjourn at 6:30 pm. Those voting for: Council members Bomar, Carden, Jones, Kelkenberg and Whitlock Motion carried. The next scheduled meeting of the Mayor and Council is a work session for February 24, 2020 at 5:30 p.m.

KM 2/11/20

DRAFT MINUTES OF THE SPECIAL CALLED MEETING

MAYOR AND COUNCIL CITY OF DULUTH, GA FEBRUARY 24, 2020

PRESENT: Mayor Harris, Council members Carden, Jones, Kelkenberg and Whitlock, City

Manager, Department Directors, City Attorney ABSENT: Councilmember Bomar Mayor Harris called the meeting to order at 5:30 p.m. I. EXECUTIVE SESSION Mayor Harris announced that it was necessary to hold an executive session on Real Estate, Pending/Potential Litigation, and Personnel and called for a motion. A motion was made by Councilmember Jones, seconded by Councilmember Carden, to adjourn to executive session at 5:30 p.m. Those voting for: Council members Carden, Jones, Kelkenberg and Whitlock Motion carried. After the discussion, a motion was made by Councilmember Kelkenberg, seconded by Councilmember Whitlock, to return to regular session at 6:05 p.m. Those voting for: Council members Carden, Jones, Kelkenberg and Whitlock Motion carried.

II. NEW BUSINESS

1. RESOLUTION – SERVICE DELIVERY STRATEGY (SDS) AGREEMENT AND CORRESPONDING INTERGOVERNMENTAL AGREEMENTS RELATING TO (SDS) {A}

The Mayor and Council considered resolutions approving an updated Service Delivery Strategy Agreement with Gwinnett County including all corresponding Intergovernmental Agreements (IGAs) relating to this matter. A motion was made by Councilmember Kelkenberg, seconded by Councilmember Whitlock, to approve authorizing the Mayor to execute resolution R2020-04 approving a new Service Delivery Strategy Agreement with Gwinnett County and any corresponding Intergovernmental Agreements associated with the Service Delivery Strategy, subject to City Attorney review and approval.

Draft Min of the M&C January 13, 2020

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Those voting for: Council members Carden, Jones, Kelkenberg and Whitlock Motion carried. III. ADJOURNMENT A motion was made by Councilmember Carden, seconded by Councilmember Whitlock, to adjourn from Special Called into regular work session at 6:10 pm. Those voting for: Council members Carden, Jones, Kelkenberg and Whitlock Motion carried.

The Mayor and Council extended their appreciation to Councilmember Carden who officially resigned from City Council Post 2 to run for Gwinnett County Commissioner for District 1. A “Capture the Spirit” award was presented to him on behalf of the City.

WORK SESSION NOTES MAYOR AND COUNCIL

CITY OF DULUTH, GA I. PUBLIC COMMENTS No comments received. II. DISCUSSION ITEMS

1. BOARDS AND COMMISSION INTERVIEW POLICY City Manager James Riker explained that the City has an adopted policy for interviewing for open board, commission, committee and authority appointments. The policy currently requires all applicants to be interviewed by the Department Head and/or Chair prior to presentation to City Council. Given the growing number of applicants and time associated with interviews, Council asked staff to investigate options to revise the current interview policy noted in Operating Instructions (O/I ADM-56), Section III, “Procedure.” After discussion, the City Manager was authorized to change the Operational and Procedure policy that allows the Department Head and/or committee chair to pre-screen all applications with priority placed on candidate qualification, pertinent experience, prior participation in Duluth programs (such as LEAD, Citizen’s Budget or Citizen’s Police Academy) in order to provide for a reasonable interview process. This process may still be handled in person, by phone or email and gives some level of flexibility to find the best candidates while still encouraging new membership. Council also directed Staff to review the by-laws of each of the boards and commissions for possible revisions.


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2. APPOINTMENT OF MUNICIPAL COURT ASSOCIATE JUDGES

The Duluth City Charter provides for the appointment municipal court judges by ordinance. State law mandates that appointed municipal court judges be appointed for a term of not less than one year (OCGA 36-32-2.) The Chief Judge recommends that Council reappoint the currently serving judges. Council authorized staff to place ordinance of appointment of currently serving judges on the next Council consent agenda for authorization.

3. APPOINTMENT OF DOWNTOWN DEVELOPMENT AUTHORITY The Downtown Development Authority has qualification criteria for each seat. Terms for one “economic interest” position and two “at-large” city taxpayer positions are up for appointment. The City received eight applications and conducted four interviews. DDA Chairman Ron Osterloh will present the recommendations for these seats, which will begin April 1, 2020 for four-year terms expiring March 31, 2024. Council authorized staff to place an ordinance of appointment of DDA members Richard Meehan, Jim Graham and Slade Lail on the next Council consent agenda for authorization.

4. APPOINTMENT OF PUBLIC ART COMMISSION MEMBERS The Duluth Public Arts Commission consists of six members plus one Council representative. All six of the current members expire in March due to restructuring of the committee in 2018. The City received 16 applications to fill those seats. Councilmember Whitlock will present the recommendation of new appointees, with a term beginning April 1, 2020. Some will serve two-year terms and some four-years to achieve staggering. Council authorized staff to place an ordinance of appointment of DPAC members Kristina Jackson, Abby Burton, Dan Hancock, Kathleen Innes, Sanjay Parekh, and Julie Mckevitt on the next Council Consent agenda for authorization.

3. APPOINTMENT OF PLANNING COMMISSION MEMBERS

The Planning Commission consists of five full-time members and one alternate, all of whom shall be residents of the City of Duluth or the owner or operator of a business located within the City of Duluth. There are currently two open seats on the Planning Commission. The City received nine applications to fill those seats. Staff will present the recommendation of new appointees, who will serve four-year terms from April 1, 2020 through March 2024. Council authorized staff to place an ordinance of appointment of PC members Carey Fisher (Alt), and Niti Gajjar on the next Council Consent agenda for authorization.

4. APPOINTMENT OF ZONING BOARD OF APPEALS MEMBERS The Duluth Zoning Board of Appeals consists of five full-time members and one alternate, all of whom shall be residents of the City of Duluth or the owner or operator of a business located within the City of Duluth. There is currently one open seat and a vacant alternate seat on the Zoning Board of Appeals. The City received three applications. Staff will present the recommendation for the new appointees, who will serve four-year terms from April 1, 2020 through March 31, 2024.


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Council authorized staff to place an Ordinance of appointment of ZBA members Patrick Lynch (Alt) and Verdi Avila (serves currently in the alternate position, moving to full time position) on the next Council Consent agenda for authorization.

III. PRESENTATIONS/UPDATES

1. PTV GOLF CART STUDY {B} Richard Fangmann with Pond and Company came forward to present and explained that the City contracted with Pond and Company to do a PTV study and develop a draft ordinance that would meet with City's current needs. Mr. Fangmann presented their findings, solicited feedback and answered questions. He explained that the City does not currently have an ordinance allowing the use of golf carts or personal transportation vehicles (PTVs) on our streets, and in the absence of such an ordinance, it is not legal to operate such vehicles in our jurisdiction. As golf cart usage started to rise, staff was asked to determine a safe option to allow usage under certain circumstances, and to define these in a draft ordinance for Council's consideration.

2. PUBLIC WORKS DEPARTMENT UPDATES

Staff presented the accomplishments of 2019 and upcoming projects for 2020.

3. PARKS AND RECREATION DEPARTMENT UPDATES Staff presented the accomplishments of 2019 and upcoming events for 2020.

IV. ADJOURNMENT

The next scheduled meeting of the Mayor and Council is March 9, 2020 at 5:30 p.m.

O2020-05

ORDINANCE CITY OF DULUTH

MUNICIPAL COURT JUDGES

WHEREAS, Section 4.11 of the Duluth Code of Ordinances establishes that the selection and terms of the part-time, full-time, or stand-by judges who preside over the Municipal Court shall be provided by ordinance.

NOW THEREFORE, the Mayor and Council of the City of Duluth hereby ordains that the following individuals be appointed as Municipal Court Judges of the City of Duluth, and shall serve for a term of one year:

Charles L. Barrett, III, Chief Judge/ Court Administrator Margaret Gettle Washburn, Associate Judge Claude Mason, Associate Judge Chung Hun Lee, Associate Judge Tiffany P. Porter, Associate Judge

IT IS SO ORDAINED THIS ______ day of March, 2020.

_____________________________

Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha A. Bomar, Post 1 _____________________________ vacant, Post 2 ______________________________ Billy Jones, Post 3 ______________________________ Kelvin J. Kelkenberg, Post 4 ______________________________ Greg Whitlock, Post 5 Those councilmembers voting in opposition: ______________________________ ______________________________ ______________________________ ATTEST: ______________________ Teresa S. Lynn, City Clerk

O2020-06

Mayor & Council 03/09/2020

ORDINANCE DOWNTOWN DEVELOPMENT AUTHORITY

WHEREAS, the Mayor and Council of the City of Duluth did pass a Resolution on December 12, 1983 determining that there was a need for a Downtown Development Authority for the City Duluth; and as allowed and required by the laws of the State of Georgia including, but not limited to, O.C.G.A. Chapter 36-42-7 which provides for the qualifications of directors; WHEREAS, Pursuant to Section 2-49 Term Limits for Board and Commissions (established 2012). Service on each board, authority, commission or committee of the City of Duluth shall be limited to three consecutive full four-year terms. In no event shall a member serve over fourteen (14) consecutive years. NOW THEREFORE, the Mayor and Council of the City of Duluth hereby ordains that the following individuals be appointed as a members of the Downtown Development Authority and be authorized to serve in their positions for four-year terms unless a majority vote of Council removes such member(s). Re-Appoint: Richard Meehan Expires 03/31/2024 Term begin date: 2018 Slade Lail (City Wide) Expires 03/31/2024 Term begin date: 2016 Jim Graham (Prop Owner) Expires 03/31/2024 Term begin date: 2016 Current members: Pam Smith (Business Owner) Expires 03/31/2022 Term begin date: 2014 Ken Odum (Prop Owner) Expires 03/31/2022 Term begin date: 2016 Ron Osterloh (City Wide) Expires 03/31/2022 Term begin date: 2009 Bill Weaver (Prop Owner, out of county) Expires 03/31/2022 Term begin date: 2012

IT IS SO ORDAINED this 9th day of March, 2020.

_____________________________ Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha A. Bomar, Post 1

_____________________________ Vacant, Post 2 ______________________________ Billy Jones, Post 3 ______________________________ Kelvin J. Kelkenberg, Post 4 ______________________________ Greg Whitlock, Post 5

O2020-06


Those councilmembers voting in opposition: ______________________________

____________________________ _____________________________

ATTEST: ______________________ Teresa S. Lynn, City Clerk

O2020-07


ORDINANCE DULUTH PUBLIC ART COMMISSION

WHEREAS, In accordance with Section 2-270 of the Duluth Code of Ordinances, the Duluth Public Art Commission shall be made up of six (6) regular members and one (1) member of the mayor and council, DPAC membership must at all times contain at least five (5) members who are citizens of the City of Duluth.

NOW THEREFORE, the City Council of the City of Duluth hereby ordains that the following individual be appointed as Duluth Public Arts Commission member of the City of Duluth, GA as follows:

Re-Appoint: Abby Burton Expires March 31, 2022 Term begin date: 08/06/2018 Kristina Jackson Expires March 31, 2024 Term begin date: 01/13/2020

Appoint: Dan Hancock Expires March 31, 2022 Term begin date: 04/01/2020 Kathleen Innes Expires March 31, 2022 Term begin date: 04/01/2020 Sanjay Parekh Expires March 31, 2024 Term begin date: 04/01/2020 Julie McKevitt Expires March 31, 2024 Term begin date: 04/01/2020 Current members: Greg Whitlock (Councilmember) March 31, 2022 Term begin date: 02/11/2019


_____________________________ Mayor Nancy Harris

Those councilmembers voting in favor: _____________________________ Marsha A. Bomar, Post 1

_____________________________ Vacant, Post 2

______________________________ Billy Jones, Post 3

______________________________ Kelvin J. Kelkenberg, Post 4

______________________________ Greg Whitlock, Post 5 Those councilmembers voting in opposition: ______________________________

____________________________ _____________________________

ATTEST: ______________________

O2020-07


Teresa S. Lynn, City Clerk

1

Mayor & Council Meeting 03/09/2020

O-2019-07

ORDINANCE

CITY OF DULUTH

PLANNING COMMISSION

WHEREAS, Pursuant to Section 1302.01 of the Duluth Unified Development Code, the Planning

Commission shall be comprised of five (5) members and one (1) alternate. All members shall be

residents of the City of Duluth or the owner or operator of a business located within the City of

Duluth, provided the business is current in the payment of its City Occupational Tax and all other

payments due to the City. The five (5) members and the alternate member are to be appointed by

the City Council. The term of office for members shall be four (4) years, said terms to be staggered,

to begin on April 1 and end on March 31.

WHEREAS, Pursuant to Section 2-49 Term Limits for Board and Commissions (established 2012),

service on each board, authority, commission or committee of the City of Duluth shall be limited to

three (3) consecutive full four (4) year terms. In no event shall a member serve over fourteen (14)

consecutive years.

NOW THEREFORE, the Mayor and Council of the City of Duluth hereby ordains that the following individuals be appointed as a members of the Planning Commission and be authorized to serve in their positions for four-year terms unless a majority vote of Council removes such member(s). The compensation shall be $25 per meeting for two (2) meetings per month.

Appoint: Niti Gajjar Expires 3/31/2024 Term begin date: 2020 (filling expired term of Gary Canter) Carey Fisher (Alt) Expires 3/31/2023 Term begin date: 2020 (filling resignation of Bernard Robertson)

Current members and expiration dates: Ray Williams (Chairman) Expires 3/31/2021 Term begin date: 2013 Alana Moss Expires 3/31/2022 Term begin date: 2012 Robert Pennington Expires 3/31/2022 Term begin date: 2014 Manfred Graeder Expires 3/31/2023 Term begin date: 2017


_____________________________ Mayor Nancy Harris, Mayor Those councilmembers voting in favor:

_____________________________ Marsha A. Bomar, Post 1

_____________________________ Vacant, Post 2

2

Mayor & Council Meeting 03/09/2020

______________________________ Billy Jones, Post 3 ______________________________ Kelvin J. Kelkenberg, Post 4 ______________________________ Greg Whitlock, Post 5

Those councilmembers voting in opposition: ______________________________

____________________________ _____________________________



ORDINANCE

CITY OF DULUTH ZONING BOARD OF APPEALS

WHEREAS, Pursuant to Section 1303.01 of the Duluth Unified Development Code, the Zoning Board of Appeals shall consist of five (5) members and one (1) alternate. All members must be residents of the city; or the owner/ operator of a business located within the City of Duluth, provided the business is current in the payment of its City Occupational Tax and all other payments due to the City. One (1) member shall be on the Planning Commission. The five (5) members and the alternate member are to be appointed by the City Council. The term of office for members shall be four (4) years, said terms to be staggered, to begin on April 1 and end on March 31.

WHEREAS, Pursuant to Section 2-49 Term Limits for Board and Commissions (established 2012), service on each board, authority, commission or committee of the City of Duluth shall be limited to three (3) consecutive full four (4) year terms. In no event shall a member serve over fourteen (14) consecutive years.

NOW THEREFORE, the Mayor and Council of the City of Duluth hereby ordains that the following individuals be appointed as a members of the Zoning Board of Appeals and be authorized to serve in their positions for four-year terms unless a majority vote of Council removes such member(s). The compensation shall be $25 per meeting for one (1) meeting per month.

Appoint: Verdi Avila Expires 3/31/2023 Term begin date: 2015 (filling the expired term of Carey Fisher) Patrick Lynch (Alt) Expires 03/31/2023 Term begin date: 2020 (filling the alternate position of Verdi Avila) Current members and expiration dates: K.C. Callaway Expires 3/31/2021 Term begin date: 2010 Marline Santiago Cook (Chairwoman) Expires 3/31/2021 Term begin date: 2010 Alana Moss Expires 3/31/2022 Term begin date: 2013 Ken Wilson Expires 3/31/2022 Term begin date: 2011


_____________________________

Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha A. Bomar, Post 1 _____________________________ Vacant, Post 2 ______________________________ Billy Jones, Post 3 ______________________________ Kelvin J. Kelkenberg, Post 4 ______________________________ Greg Whitlock, Post 5


Those councilmembers voting in opposition: ______________________________ ______________________________

______________________________


O2020-10

ORDINANCE TO AMEND DULUTH CODE CHAPTER 3, SECTION 3-335

The Council of the City of Duluth hereby ordains that the Duluth Code of Ordinances Chapter III, Alcoholic Beverages is hereby amended by amending Sections 3-335 to add the fee for a Wine Bar as subsection (36) as follows:

Sec. 3-335. - Classification of licenses; fees. The licenses listed below are the only licenses authorized to be issued by this article and each such license is a separate and distinct license and shall require the payment of separate license fees as provided for in this chapter. The fee for an alcohol handling permit shall be thirty-five dollars ($35.00) and ten dollars ($10.00) per additional handling permit or for a replacement of a lost permit. The types of licenses, the restrictions on the issuance of each, and the fees for such licenses are as follows: (1) License permitting the sale of alcoholic beverages for consumption on the premises, three thousand five hundred dollars ($3,500.00). (2) License permitting the sale of malt beverages and wine only, for consumption on the premises, one-thousand dollars ($1,000.00). (3) License permitting the sale of wine only, for consumption on the premises, five hundred dollars ($500.00) (4) License permitting the sale of malt beverages only, for consumption on the premises, five hundred dollars ($500.00). (5) License permitting the sale of malt beverages and wine only for consumption through outdoor golf course sales, one hundred fifty dollars ($150.00). Note that this license requires that the licensee also hold a license described in subsection (1) or subsection (2) above. (6) License permitting the sale of malt beverages and wine for consumption on the premises, and manufacture or brewing of beer for retail consumption on the premises and solely in draft form through operation of a brewpub, two hundred fifty dollars ($250.00). Note that this license requires that the licensee also hold a license described in subsection (1) or subsection (2) above. (7) License permitting the sale of alcoholic beverages only for consumption off the premises by a licensed alcoholic beverage caterer, one hundred fifty dollars ($150.00) and fifteen dollars ($15.00) per event. Note that this license requires that the licensee also hold a license described in subsection (1) above. (8) License permitting the sale of malt beverages and wine only for consumption off the premises by a licensed alcohol beverage caterer, one hundred dollars ($100.00) and fifteen dollars ($15.00) per event. that this license requires that the licensee also hold a license described in subsection (1) or subsection (2) above. (9) License permitting the sale of alcoholic beverages only for consumption through indoor commercial recreational establishment sales, seven hundred fifty dollars ($750.00). Note that this license requires that the licensee also hold a license described in subsection (1) above. (10) License permitting the sale of malt beverages and wine only for consumption through indoor commercial recreational establishment sales, five hundred dollars ($500.00). Note that this license requires that the licensee also hold a license described in subsection (2) above. (11) License permitting the sale of alcoholic beverages for consumption on the premises for a special events facility, one thousand five hundred dollars ($1,500.00). (12) License permitting the sale of malt beverages and wine for consumption at a special event by special events vendor, one hundred fifty dollars ($150.00). (13) License permitting the sale of malt beverages and wine for consumption on the premises of a performing arts facility, one thousand dollars ($1,000.00).

O2020-10

(14) License permitting the sale of all alcoholic beverages consumption on the premises of a performing arts facility, three thousand five hundred dollars ($3,500.00). (15) License permitting wine and beer tasting at a grocery store, two hundred dollars ($200.00). (16) License permitting the retail sale of package spirituous liquors, five thousand dollars ($5,000.00). (17) License permitting ancillary sales, malt beverages (one hundred dollars ($100.00)), wine (one hundred dollars ($100.00)) or both (two hundred dollars ($200.00)). (18) License permitting the sale of all alcoholic beverages for consumption on the premises of a tavern, four thousand dollars ($4,000.00). (19) License permitting the sale of beer and wine only for consumption on the premises of a tavern, twelve hundred fifty dollars ($1,250.00). (20) License permitting the sale of alcoholic beverages for consumption in an open area, fifty dollars ($50.00). (21) License permitting the offering of wine and beer in a package wine tasting room, one hundred dollars ($100.00). (22) License permitting the sale of malt beverages in growlers, five hundred dollars ($500.00). (23) Any request to amend any provision of a license granted under this article is subject to an additional one hundred fifty dollar ($150.00) administrative application fee. (24) License permitting retail package malt beverages, five hundred dollars ($500.00). (25) License permitting retail package wine, five hundred dollars ($500.00). (26) License permitting the sale of alcoholic beverages for caterer off the premises by a nonresident, fifty dollars ($50.00). (27) License permitting the sale of package beer and wine in specialty gift shops, one hundred dollars ($100.00). (28) Art shop license; two hundred fifty dollars ($250.00). (29) Rental fee for alcohol beverage sales advertisement signage twenty-five dollars ($25.00), plus a deposit equivalent to the replacement cost. (30) License permitting wholesaler—Wine only, five hundred dollars ($500.00). (31) License permitting wholesaler—Beer and malt, five hundred dollars ($500.00). (32) License permitting wholesaler—Beer/wine combination, seven hundred fifty dollars ($750.00). (33) License permitting wholesaler—Spirituous liquors, five thousand dollars ($5,000.00). (34) License permitting brewery for beer/malt beverages, five thousand dollars ($5,000.00). (36) License permitting a wine bar, one thousand, seven hundred fifty dollars ($1,750.00.) IT IS SO ORDAINED THIS ____ DAY OF _________, 2020. _____________________________ Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha A. Bomar, Post 1 _____________________________ vacant, Post 2 ______________________________ Billy Jones, Post 3

O2020-10

______________________________ Kelvin J. Kelkenberg, Post 4 ______________________________ Greg Whitlock, Post 5 Those councilmembers voting in opposition: ______________________________ ______________________________ ______________________________ ATTEST: ______________________ Teresa S. Lynn, City Clerk

ATLANTA PUMP, INC.P.O. Box 97

Waleska, GA 30183(770) 516-2933

[email protected]

INVOICE # 13120

ATLANTA FIRE UNITED SOCCER ASSOCIATIONJanuary 31, 2020

Job Location: Scott Hudgens Park 4545 River Green Pkwy, Duluth, GA 30096

Attn; Robbie Hall 678-333-4450-cell [email protected]

This is an INVOICE ( Removed the old pump & components ) and Installed 1-10hp submersible pump & materials into a well w/ 70+ gpm .

Well Pump Installation: Materials included the following:

1-10hp 77 gpm (70 @ 450fh) S.S. Grundfos Submersible Pump & 4” Pentair 460v 3 phase motor 1-Pentair Intellidrive XL VFD Control Monitor Unit NEMA 3R w/ pressure sensor Electrical to Control Monitor Unit panel by Atlanta Pump.1-460v Lightning arrestor (Square-D type) w led light.220'- 2" sch. 80 pvc riser pipe, w/ S.S. Couplings, S.S. Check valves every 100’ & torque arrestors (4)230'- 10/3 ga. flat submersible cable w/ ground *Misc. fittings- brass, S.S. & pvc, check valves 10’- 4" flow inducer sleeve w/ 20’ Filter pipe (pump & irrigation protection from small rocks & sand)1- 1" Hi-pressure relief valve, piped outside of enclosure 1- 20 vol. pressure tank- Flexcon (outdoor-type) 1- 2" ball valve w/ check valve on discharge side.1- 2” S.S. manifold unit 1- Large Rock type Enclosure w/ anchor kit and LOCK.Equipment Truck *** NO GALVANIZED FITTINGS OR PIPE *****

Total Materials & Labor $ 19,000.00

TOTAL AMOUNT DUE FOR MATERIALS AND LABOR $ 19,000.00

PLEASE MAKE CHECK PAYABLE TO ATLANTA PUMP, INC.THANK YOU FOR YOUR BUSINESS!

BA-FY20-21

ORDINANCE TO AMEND THE CITY OF DULUTH

2020 FISCAL YEAR BUDGET AN ORDINANCE TO AMEND THE 2020 ANNUAL BUDGET FOR THE CITY OF DULUTH, GEORGIA, IN COMPLIANCE WITH THE LAWS OF THE STATE OF GEORGIA. THE CITY COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS, the City of Duluth, Georgia, has previously adopted a budget for the 2020 fiscal year as follows: Total Revenues: 69,665,380 Operations Expenditures: 30,244,612 Capital Improvement Expenditures: 39,420,768 Total Expenditures: 69,665,380 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth received an insurance settlement for $5,160 due to a driver striking the retaining wall in the rear of the paver lot in Main Street; and WHEREAS the City obtained an estimate of $5,160 to repair the wall and filed a claim against the driver through our insurance carrier; and WHEREAS it is requested that $5,160 in insurance settlement proceeds be added to the Public Works – Citywide Building/Property Maintenance line item; and NOW THEREFORE, the City of Duluth 2020 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 69,670,540 Operations Expenditures: 30,249,772 Capital Improvement Expenditures: 39,420,768 Total Expenditures: 69,670,540 IT IS SO ORDAINED this day of , 2020.

Budget Amendment, p2

_____________________________ Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha A. Bomar, Post 1 _____________________________ vacant, Post 2 ______________________________ Billy Jones, Post 3 ______________________________ Kelvin J. Kelkenberg, Post 4 ______________________________ Greg Whitlock, Post 5 Those councilmembers voting in opposition: ______________________________ ______________________________ ______________________________ ATTEST:_________________________ Teresa S. Lynn, City Clerk

R2020-05

1

RESOLUTION Supporting Locally-Established Building Design Standards for Residential Dwellings

WHEREAS, locally elected officials work in partnership with citizens to establish “building design standards” in single and double-family dwellings, which reflect the character of the community and have a positive impact on economic development efforts and competitiveness; and WHEREAS, appropriate local design standards and land use policies, established by local citizens in each community, create a diverse, stable, profitable, and sustainable residential development landscape; and WHEREAS, state legislation eliminating locally-tailored approaches to design standards would harm self-determination of citizens to establish community standards; and WHEREAS, local community partners support the use of building design standards to protect property values, attract high quality builders, and block incompatible development; and WHEREAS, building design standards assure residents and business owners that their investments will be protected, and that others who come behind them will be equally committed to quality; and WHEREAS, local business leaders value the studying, surveying, crafting, and defining of a community vision and development strategies, and recognize design standards as an integral part of those endeavors to attract residents, businesses, and the much-coveted trained workforce; and WHEREAS, development and redevelopment efforts should reflect the community and its vision while simultaneously creating a sense of place imperative for attracting new economic prospects; and WHEREAS, local officials are elected to make decisions about the look and feel of their communities, and local business owners recognize the need for their elected officials to be empowered to enforce building design standards to make today’s thriving community areas tomorrow’s historic districts; and WHEREAS, citizens’ ability to continue to set community values and local elected officials to enforce building design standards in single or double family dwellings, for the purposes of economic growth and the safety and welfare of the citizens of Georgia and in particular of the City of Duluth. NOW, THEREFORE, BE IT RESOLVED BY THE Mayor of the City of Duluth that this governing body voices its support of Locally-Established Building Design Standards for Residential Dwellings.

R2020-05

2

BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to each member of the Georgia House of Representatives and Senate representing the City of Duluth, and made available for distribution to the public and the press.

DULY ADOPTED this 9th day of March 2020.

_____________________________

Mayor Nancy Harris

Those councilmembers voting in favor: ____________________________

Marsha A. Bomar, Post 1

_____________________________

Vacant, Post 2

____________________________

Billy Jones, Post 3

______________________________

Kelvin J. Kelkenberg, Post 4

______________________________

Greg Whitlock, Post 5

Those councilmembers voting in opposition: ________________________

________________________

________________________

ATTEST: ________________________

Teresa S. Lynn, City Clerk

Public Notice Published February 14, 2020 Public Hearing Held March 9, 2020

ORDINANCE NO. O-2020-11 WHEREAS, the Mayor and City Council of the City of Duluth, Georgia recognizes the importance of promoting the community’s health, safety and welfare by providing clear, correct and consistent zoning regulations and compliance with the goals, objectives and policies identified within the adopted Comprehensive Plan; and WHEREAS, the Unified Development Code of the City of Duluth, Georgia, specifically authorizes the City Council to amend the text of the City of Duluth Unified Development; and WHEREAS, the Unified Development Code of the City of Duluth, Georgia, grants authority to the Planning and Development Director to initiate amendments to the text of the City of Duluth Unified Development Code; and WHEREAS, the Mayor and City Council recognize the importance of ensuring that the regulations promote the quality of life in the City; and WHEREAS, on March 2, 2020, the City of Duluth Planning Commission held a public hearing duly noticed and voted to recommend approval of the text amendment (TA2020-001) as set forth in the minutes of said meeting; and WHEREAS, the Duluth City Council held a public meeting on March 9, 2020, duly noticed as prescribed by law and published in the Gwinnett Daily Post regarding the text amendments as set forth in the minutes of said meeting. NOW THEREFORE, the City Council of the City of Duluth hereby ordains that the City of Duluth Unified Development Code is hereby amended by incorporating the amendments as set forth in Exhibit “A” attached hereto. ATTACHMENTS: Exhibit “A”: Text Amendment TA2020-001 Exhibit “B”: Public Notice

{Signatures on the Following Page}

Ordinance No. O-2020-11

2 | P a g e


Those councilmembers voting in favor:

Those councilmembers voting in opposition:

___________________________________ Nancy Harris, Mayor

_____________________________ Marsha A. Bomar, Post 1

_____________________________ Vacant, Post 2

______________________________ Billy Jones, Post 3

______________________________ Kelvin J. Kelkenberg, Post 4

______________________________ Greg Whitlock, Post 5

_____________________________________

_____________________________________

_____________________________________

_____________________________________

_____________________________________

ATTEST

________________________________ Teresa Lynn, City Clerk


3 | P a g e

Exhibit “A”

1. Repeal and replace Table 2-C of the Unified Development Code as shown on the

following pages. 2. Amend Section 307 “Administrative, Financial and Professional Offices” to read as

follows:

Special use approval is required to locate on the ground floor of a building in the

CBD zoning district except in free standing, multi-story buildings with a minimum of

15,000 square feet of heated floor area.

Table 2-C: Principal Uses Allowed by Zoning District City of Duluth UDC

2

Table 2-C: Principal Uses Allowed by Zoning District

A Use is allowed by right in the zoning district indicated.

S Use is allowed in the district if approved as a Special Use.

A/S Use is allowed by right unless approval as a Special Use is required in Article 3.

NAICS 2012

PRINCIPAL USES RA-200 R-100 R-75 RM MH HRD CBD C-1 C-2 HC-

Retail HC-

Auto O-I O-N M-1 M-2 RD

See Also Article 3

For Parking,

See Table 4-B:

Agriculture, Forestry, and Fishing

111 Agriculture, Forestry and Animal production A

Sec. 310

Sec. 329

Sec. 323

b.1

c.1

1114 Greenhouse, Nursery and Floriculture Produc-tion

A

A A A c.2.

Residential Uses

Single-Family Detached: Site-Built or Modular Home

A A A A A A A Sec. 304 a.1.

Single-Family Detached: Manufactured Home S S S S A Sec. 331 a.1.

Single-Family Attached: Townhomes or

Condominiums A

A Sec. 304 a.3.

Two-Family Dwelling: Duplex A A A A a.2.

Three-Family Dwelling: Triplex A a.4.

Four-Family Dwelling: Quadruplex A a.4.

Multi-Family: Apartments A A Sec. 305 a.4.

Manufactured Home Park A Sec. 330 a.1.

7213 Rooming and Boarding Houses A S S a.7

Upper Floor Residential Lofts in Mixed-Use Build-ing

A ---

623 Nursing and Residential Care Facilities: a.6.

6231 Nursing Care Facilities S A a.6.

6232 Residential Mental Retardation, Mental

Health and Substance Abuse Facilities S S S S d.1.

623311 Continuing Care Retirement Community

with on-site nursing care facilities S S S Sec. 318 a.6

623312 Assisted-Living Facilities and Other Homes for the Elderly without on-site nursing care

facilities

A a.5.

City of Duluth UDC Error! No text of specified style in document. Error! No text of specified style in document.

3





NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

6239 Personal Care Homes, Family (2 to 6 under

care) S S S S S A S Sec. 336 a.6

6239 Personal Care Homes, Group (up to 15 un-

der care) A A S S S Sec. 336 a.6.

6239 Personal Care Homes, Congregate (more

than 15 under care) A S S Sec. 336 a.6.

Administrative, Financial and Professional Offices

55 Corporate Management Offices A/S A A A A A A A A A Sec. 307 b.1.

51 Publishing and Information Technology A/S A A A A A A A A A Sec. 307 b.1.

52 Financial, Credit and Insurance A/S A A A A A A A A A Sec. 307 b.1.

53 Real Estate Office A/S A A A A A A A A A Sec. 307 b.1.

54 Professional, Scientific and Technical Services A/S A A A A A A A A A Sec. 307 b.1.

52239

Mortgage Servicing and Other Activities Re-lated to Credit Intermediation (includes check cashing, money orders, payday lending ser-vices)

A A A A A A A b.2.

54194 Veterinary Clinics, including Animal Hospi-

tals S S A A A A Sec. 342 b.3.

Medical Offices:

621 Medical Offices A/S A A A A A A Sec. 307 b.3.

6215 Medical and Diagnostic Laboratories A A A A A A A A b.3.

Call Centers:

4541 Electronic Shopping and Mail-Order Houses A A A A A A b.1.

4543 Direct Selling Establishments, except Fuel

Dealers (see under Manufacturing, Whole-

saling and Warehousing)

A/S A A A A A A Sec. 307 b.1.

Commercial Services

Finance, Insurance and Real Estate Services: b.1.

5221 Banks, Credit Unions and Savings Institu-

tions, no drive-in window A/S A A A A A A Sec. 317 b.2.

Error! No text of specified style in document. Error! No text of specified style in document. City of Duluth UDC





NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

5221 Banks, Credit Unions and Savings Institu-

tions, with drive-in window A A S A A b.2.

Day Care Services:

6244 Day Care Center (more than 18 persons in

care) S A A S S Sec. 319 b.5.

6244 Group Day Care Home (18 or fewer per-

sons in care) S Sec. 319 b.5.

Transient Lodging:

7211 Hotels, not Extended Stay A A A A S S S Sec. 327 a.8.

7211 Hotels, Extended Stay S A A S S S Sec. 327 a.8.

721191 Bed-and-Breakfast Inns S a.7.

721214 Fishing Camps A - -

8111 Automotive Repair and Maintenance, except for Automotive Car Washes and Auto Emissions Testing

S A A A Sec. 313 b.7.

811192 Automotive Car Washes S S S A Sec. 312 b.7.

811198 Auto Emissions Testing S A A A b.7.

Other Repair and Maintenance Services:

8112 Electronic and Precision Equipment Repair

and Maintenance A A A A b.18.

8113

Commercial and Industrial Machinery and Equipment Repair and Maintenance (ex-

cept Automotive and Electronic Repairs,

Tractor Repairs and Welding Shops)

S S S A A b.22.

81131 Tractor and Other Farm Equipment Repairs

and Maintenance (Includes Welding Shop) S A A b.22.

811411 Home and Garden Equipment Repair and

Maintenance A A A b.22.

811412 Home Appliance Repair and Maintenance A A A b.23.

81142 Reupholstery and Furniture Repair and

Maintenance A A A A A b.23.

81143 Shoes and Leather Goods Repair and

Maintenance A A A A b.23.


5





NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

81149

Other Personal and Household Goods Re-pair and Maintenance, such as jewelry,

musical instruments, watch and clock re-

pair, and bicycle repair

A A A A b.23.

8121 Personal Care Services:

81211 Barber Shops and Beauty Salons

A/S A A A A S Sec. 314

Sec. 317 b.23.

812113 Nail Salons A/S A A A A Sec. 317 b.23.

812191 Diet and Weight Reducing Centers A A A A b.23.

812199 Massage Therapy Establishment, Saunas A Sec. 332 b.23.

812199 Tanning Salons A A A A b.23.

812199 Tattoo and Body Piercing Studios A Sec. 339 b.23.

8123 Dry-Cleaning and Laundry Services:

81231 Coin-Operated Laundries A A A b.17.

81232 Dry-Cleaning and Laundry Services (ex-

cept Coin-Operated) A A A A Sec. 320 b.17.

812331 Linen and Uniform Supply; Industrial Laun-

derers A A b.17.

Health Related Services:

6216 Home Health Care Services A A b.1.

62191 Ambulance Services A b.1.

621991 Blood and Organ Banks A b.1.

Other Personal Services:

81221 Funeral Homes A A A A S S b.4.

81291 Pet Care, such as Grooming and Training (not including Veterinary Services and Pet

Boarding Kennels)

A A A b.23.

81291 Pet Boarding Kennel, without Outdoor

Runs A A Sec. 329 b.23.

81291 Pet Boarding Kennel, with Outdoor Runs S Sec. 329 b.23.






NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

81293 Parking Lots and Garages A A A - -

81299 Bail Bonding or Bondsperson Services S b.23.

532 Rental and Leasing Services:

53211 Passenger Car Rental and Leasing A b.8.

53212 Truck, Utility Trailer and RV (Recreational

Vehicle) Rental and Leasing A A b.8.

5322 Consumer Goods Rental

A A A Refer to

Table 4-B

53241 Construction, Transportation, Mining and Forestry Machinery and Equipment Rental

and Leasing

A A b.19.

5614 Business Support Services:

561422 Telemarketing Bureaus A A b.1.

56143 Business Service Centers (including photo-

copying shops, blueprinting shops, mailbox

rental, etc.)

A A A A b.21.

Other Business Services:

323111 Commercial Printing Services, with or without Photo-Copying Services (except

Screen and Books)

A A A A c.5.

5182 Data Processing, Hosting and Related Ser-

vices A A c.3.

51911 News Syndicates A A b.1.

54138 Testing Laboratories A A A c.5.

5415 Computer Systems Design and Related

Services A/S A A A A A Sec. 317 b.1.

72232 Caterers except Special Event Facilities A A A c.1.

72232 Special Event Facilities S S S d.7.

541921 Photography Studios, Portrait A/S A A A A Sec. 317 b.1.

54193 Translation and Interpretation Services A/S S A Sec. 317 b.1.

56191 Packaging and Labeling Services A A c.5.


7





NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

5616 Investigation and Security Services:

561611 Investigation Services A/S A A A A A A A A A Sec. 317 b.1.

561612 Security Guards and Patrol Services A A b.1.

561613 Armored Car Services A A b.1.

561621 Security Systems Services, except Lock-

smiths A A b.19.

561622 Locksmiths A A A A A b.19.

5617 Services to Buildings and Dwellings A A A A A b.1.

561710 Exterminating and Pest Control Services A A A A A b.1.

561720 Janitorial Services A A A A A b.1.

561730 Landscaping Services A A A A A b.1.

561740 Carpet and Upholstery Cleaning Services A A A A A b.1.

Construction Services:

2382 Construction Contractors, Builders and De-

velopers, with outdoor storage S S S S A A b.22.

23835 Carpentry Shop, Woodworking S S S A A c.5.

Job Training Services:

6114 Private Business, Technical and Cosmetol-

ogy Schools and Computer and Manage-

ment Training

A S S A d.4.

b.23

6116 Private Schools: Personal Enrichment:

61161 Performing Arts Studios (Art, Drama, Mu-

sic and Dance Studios) A/S A A A A A A S S A Sec. 317 b.13.

61162 Sports and Recreation Instruction A A A A S S A b.13.

61163 Language Schools S A S S A d.4.

611691 Exam Preparation and Tutoring A S S A S S A d.4.

611699 Yoga, Pilates and similar Studios A/S A A A A Sec. 317 b.13.

611692 Automobile Driving Schools A A S S A d.4.






NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

6117 Educational Counseling, Testing and Other Sup-port Services

A A A A S S A b.23.

Arts, Entertainment and Recreation

51912 Libraries and Archives A/S Sec. 311 d.7.

7111 Performing Arts Theater: Drama, Dance, Music, Comedy (except Adult Entertainment)

A/S A S S Sec. 311 d.2.

7111 Adult Entertainment A A Sec. 308 b.12.

7115 Artist's Studios (includes Galleries), except Taxi-dermists

A/S A A Sec. 311 b.23.

71151 Taxidermists A A A b.1.

712 Museums, Commercial Historical Sites, and Simi-lar Institutions

A/S A A A S S Sec. 311 d.7.

512131 Motion Picture Theaters (except Drive-Ins) A A A S S b.6.

512132 Motion Picture Theaters, Drive-In A S S - -

7139 Amusement and Recreation Uses:

71312 Amusement Arcades A A A b.12.

71399 Archery or Shooting Ranges, Indoor A S S b.13.

71394 Batting Cages A b.13.

71399 Billiard and Pool Halls A A b.12.

71395 Bowling Centers A S S b.11.

71394 Fitness Centers, Health Clubs S A A A A b.13.

71391 Golf Course, with or without a Country

Club A b.13.

71399 Golf Driving Ranges A A S S b.13.

71399 Horse Riding Stables A Sec. 326 b.12.

71394 Ice or Roller Skating Rink A S S b.12.

71399 Miniature Golf A S S b.12.

71394 Paintball Competition Courses A S S b.12.


9





NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

71399 Recreational Day Camps S b.12.

71394 Water Slides and Wave Pools A S S b.13.

71399

Recreation Centers, including Non-Profit (e.g. YMCA, Senior Center or Area-wide Recreation Center) and For Profit (e.g. Private Playgrounds, Tennis, Community Swimming Pools or Other Recreation Amenities)

A A A A S S b.13.

Retail Trade

441 Motor Vehicle and Parts Dealers:

4411 All Motor Vehicle Dealers A Sec. 334 b.8.

4413 Automotive Parts, Accessories, and Tire

Stores A S A

Sec. 334 Sec. 313

b.8.

442 Furniture and Home Appliance Stores A A A A b.18.

443 Electronics and Appliance Stores A A A A b.21.

4441 Building Material and Supplies Dealers:

44411 Home Centers, no outdoor storage A A A b.20.

44411 Home Centers, with outdoor storage A Sec. 348 b.20.

44412 Paint and Wallpaper Stores A A A b.19.

44413 Hardware Stores A A A A b.19.

44419 Lumber Yards A A Sec. 348 b.22.

44419 Electrical, Heating or Plumbing Stores, no

outdoor storage A A A b.22.

44419 Electrical, Heating or Plumbing Supply

Stores, with outdoor storage S S S A A Sec. 348 b.22.

44419 Wood or Ceramic Tile Flooring Stores S S S Sec. 348 b.20.

44419 Log Home Sales Lots S S S Sec. 348 b.22.

44419 Other Building Material Dealers not listed

above A A Sec. 348 b.22.






NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

4442 Lawn and Garden Equipment and Supplies Stores:

44421 Lawn and Garden Equipment and Supplies Stores

A A A b.20

445 Food and Beverage Stores:

44511 Supermarkets and Other Grocery (except

Convenience) Stores A A A A Sec. 309 b.15.

44512 Convenience Food Stores with fuel pumps

(excluding automated car wash)

A A S A

Sec. 309

Sec. 325 b.7.

44512 Convenience Food Stores with fuel pumps

(including automated car wash)

S S A

Sec. 309

Sec. 312

Sec. 325

b.7.

44512 Convenience Food Stores without fuel

pumps A A S A Sec. 309 b.23.

4452 Specialty Food Stores, including Meat, Fish, Fruit and Vegetable Markets, Candy

Stores

A/S A A A A Sec. 309

Sec. 338 b.23.

4453 Beer, Wine and Liquor Stores

A/S A A A Sec. 309

Sec. 338 b.23.

311811 Retail Bakeries and Pastry Shops A/S A A A A Sec. 338 b.23.

446 Health and Personal Care Stores:

4461 Health and Personal Care Stores

A/S A A A A Sec. 338 b.16

b.23.

448 Clothing and Clothing Accessories Stores:

4481 Clothing Stores A/S A A A Sec. 338 b.23.

4482 Shoe Stores A/S A A A Sec. 338 b.23.

44831 Jewelry Stores A/S A A A Sec. 338 b.23.

44832 Luggage and Leather Goods Stores A A A b.23.

451 Sporting Goods, Hobby, Book and Music Stores A/S A A A A Sec. 338 b.23.


11





NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

452 General Merchandise and Department Stores, except Warehouse Clubs and Warehouse Super-centers

A A A S S b.14.

45291 Warehouse Clubs and Warehouse Super-

centers S S S S S Sec. 309 b.14.

453 Miscellaneous Store Retailers: b.23.

4531 Florists

A/S A A A A S Sec. 322

Sec. 338

45321 Office Supplies Stores A A A b.23.

45321 Stationery Stores A/S A A A A S Sec. 338 b.21.

45322 Gift, Novelty and Souvenir Stores A/S A A A A S Sec. 338 b.23.

4533 Antiques Shop A/S A A A Sec. 338 b.23.

4533

Used Books, Second-Hand Clothing, Indoor

Flea Markets and Other Used Merchandise Stores (not including Pawnshops or An-

tique Shops)

A A A b.23.

4533 Pawnshop S S S Sec. 335 b.23

45391 Pet and Pet Supply Stores A A A b.23.

45392 Art Dealers A/S A A A Sec. 338 b.23.

45393 Manufactured Home Dealers S S S b.8.

453991 Cigar, Tobacco and Other Smoker’s Supply

Stores S b.23.

453998 Swimming Pool and Pool Supply Stores, no

outdoor storage A A A S S b.23.

453998 Swimming Pool and Pool Supply Stores,

with outdoor storage S S S Sec. 348 b.8.

453998 Permanent Fireworks Shop A A A A A

722 Food Services and Drinking Places:

722511 Restaurants, Full-Service A/S A A A Sec. 309 b.9.

722511 Brewpubs A/S A A A Sec. 309 b.9.






NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

722513 Restaurants, Limited-Service, including Fast Food and Take-Out, with drive-

through windows

A S A b.10.

722513 Restaurants, Limited-Service, including Fast Food and Take-Out, without drive-

through windows.

A/S A A A Sec. 309 b.10.

722513 Restaurants, Drive-In A S A b.10.

722514 Cafeterias, Grill Buffets and Buffets A/S A A A Sec. 338 b.9.

722213

Specialty Snack Shops and Non-Alcoholic Beverage Bars, including Coffee Shops,

Donut Shops, Ice Cream Shops and Bagel

Shops

A/S A A A A Sec. 338 b.10.

7224 Bars, Taverns and Other Drinking Places

(Alcoholic Beverages)

A/S

Sec. 309

Sec. 338 b.10.

722 Mobile Kitchens

S S S S S Sec. 350

Manufacturing, Wholesaling and Warehousing Sec. 348

311 Food Manufacturing, except Animal Slaughtering and Retail Bakeries (Retail Bakers are addressed under Retail Trade)

A A c.5.

31211 Beverage Product (non-alcoholic) Manufacturing A A c.5.

31212 Brewery A/S

S S S A A Sec. 309

Sec. 338 c.5.

31213 Winery A/S

A A Sec. 309

Sec. 338 c.5.

31214 Distillery A A Sec. 309 c.5.

3122 Tobacco Product Manufacturing A A c.5.

312113 Ice Manufacturing A A c.5.

313 Textile Mills A A c.5.


13





NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

314 Textile Product Mills A A c.5.

315 Apparel Manufacturing, except Tailors and Dressmakers

A A c.5.

31521 Tailors and Dressmakers A/S A A A Sec. 338 b.23.

316 Leather and Allied Product Manufacturing A A c.5.

321 Wood Product Manufacturing, except Sawmills and Wood Preservation

A A c.5.

321113 Sawmills with Storage Lots S S S A A c.5.

321999 Mulching Operation S S S c.5.

322 Paper Manufacturing S S c.5.

323 Printing and Related Support Activities, except Photocopying and Duplicating Services (instant printing)

A A c.5.

324 Petroleum and Coal Products Manufacturing, ex-cept Petroleum Refining and Asphalt Paving, Roofing, and Saturated Materials Manufacturing

S S c.5.

32411 Petroleum Refining S S c.5.

32412 Asphalt Paving, Roofing, and Saturated Materials Manufacturing

A c.5.

325314 Composting Operation S S S c.5.

3254 Pharmaceutical and Medicine Manufacturing S S c.5.

32592 Explosives Manufacturing S S c.5.

3261 Plastics Product Manufacturing S S c.5.

3262 Rubber Product Manufacturing S S c.5.

327 Concrete, Clay, Stone, Glass and other Nonmet-allic Mineral Product Manufacturing

A c.5.

331 Primary Metal Manufacturing A c.5.

332 Fabricated Metal Products Manufacturing A A c.5.






NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

334 Computer and Electronic Product Manufacturing A A c.5.

335 Electrical Equipment, Appliance and Component Manufacturing

A A c.5.

336 Motor Vehicle and Other Transportation Equip-ment Manufacturing

A A c.5.

337 Furniture and Related Product Manufacturing A A c.5.

339 Miscellaneous Manufacturing:

33911 Medical Equipment and Supplies Manufac-

turing, except Dental Laboratories A A A c.5.

339116 Dental Laboratories A A A A A A A c.5.

33991 Jewelry and Silverware Manufacturing A A c.5.

33992 Sporting and Athletic Goods Manufacturing A A c.5.

33993 Doll, Toy, and Game Manufacturing A A c.5.

33994 Office Supplies (except Paper) Manufactur-

ing A A c.5.

33995 Sign Manufacturing A A c.5.

339991 Gasket, Packing, and Sealing Device Man-

ufacturing A A c.5.

339992 Musical Instrument Manufacturing A/S A A Sec. 332 c.5.

339993 Fastener, Button, Needle, and Pin Manu-

facturing A A c.5.

339994 Broom, Brush, and Mop Manufacturing A A c.5.

339995 Burial Casket Manufacturing A A c.5.

33999 Other Miscellaneous Manufacturing not

listed above A A c.5.

42 Wholesale Trade:

42 Wholesale Trade with Customer Show-rooms, no Outdoor Storage (includes Dis-

tribution Centers)

A A A A A c.4.

42 Wholesale Trade with Outside Storage, ex-

cept Junk and Scrap Yards A A c.1.


15





NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

4542 Vending Machine Operators A A A A A c.1.

45431 Fuel Dealers A c.2.

493 Warehousing and Storage:

49311 General Warehousing and Indoor Storage A A A c.3.

49311 General Warehousing and Outdoor Storage S S S c.3.

49312 Refrigerated Warehousing (Cold Storage) A A c.3.

49313 Farm Product Warehousing and Storage A c.3.

49319 Bulk Petroleum Storage and other Bulk

Storage Tanks A Sec. 315 c.2.

53113 Mini-Warehouses and Self-Storage Units S A A Sec. 333 c.4.

5121 Motion Picture Industries S S S A A c.5.

5122 Sound Recording Industries A/S A A Sec. 337 c.5.

562 Waste Management and Remediation Services (includes Junk Yards, Scrap Yards)

A Sec. 328 c.2.

Transportation, Communications and Utilities

481 Airports and Other Air Transportation:

4811 Airport A - -

4812 Private Airstrip or Heliport S A A - -

482 Rail Transportation:

4821 Rail Transportation Company Office S b.1.

4882 Rail Yards, Rail and Train Service and Re-

pair S c.5.

484 Truck Transportation:

48411 General Freight Trucking, Local A A c.3.

48412 General Freight Trucking, Long-Distance A A c.3.

48422 Specialized Freight (except Used Goods)

Trucking, Local A A c.3.






NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

48423 Specialized Freight (except Used Goods)

Trucking, Long-Distance A A c.3.

485 Transit and Ground Passenger Transportation:

4853 Taxi and Limousine Service A A A b.1.

4855 Charter Bus Industry A b.1.

485991 Special Needs Transportation A b.1.

485999 Shuttle Services, Vanpools and Other

Ground Passenger Transportation A b.1.

488 Support Activities for Transportation: b.1.

48841 Motor Vehicle Towing and Wrecker Ser-

vices A A A

4885 Freight Transportation Arrangement

Agents and Brokers A A A b.7.

488991 Packing and Crating A A A b.1.

492 Couriers and Messengers: c.3.

4921 Intercity Couriers (FedEx, UPS), package

drop-off only A A A b.1.

4921 Intercity Couriers (FedEx, UPS), sorting

and forwarding

A A A

c.3.

4922 Local Messengers and Local Delivery A A A b.1.

515 Broadcasting and Telecommunications:

5151 Radio and Television Broadcasting Stations A/S A A A A Sec. 337 b.1.

5152 Cable and Other Subscription Distribution A A b.1.

5171 Telephone and Other Wired Telecommuni-

cations Carriers A A A b.1.

5172 Cellular and Other Wireless Telecommuni-

cations Carriers (except Satellite) A A A b.1.

5173 Telecommunications Resellers A A A b.1.

5174 Satellite Telecommunications A A A b.1.

5179 Radio, Television and Telecommunications An-tennae and Towers:


17





NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

5179 Freestanding Towers and Antennae See Article 3, Section 343

- -

5179 Additions to Existing Towers (Colocation) - -

22 Utilities: - -

22112 Electric Power Transmission Substations

(Transformer Stations) A Sec. 321 - -

2212 Natural Gas Distribution (includes Gas

Regulator Stations) S - -

Public and Institutional Uses

8131 Churches, Mosques, Temples, Synagogues and Other Facilities for Religious Organizations Wor-ship

S S S S S

A A d.2.

8132 Charitable Organization Offices S S S S S A A b.1.

8133 Social Advocacy Organizations S S S S S A A S S b.1.

8134 Fraternal Lodges, Veterans Membership Organi-zations, and Other Civic and Social Organizations

S S S S S

A A S S d.7.

8139 Business, Professional, Labor, Political and Simi-lar Organizations

S S S S S

A A S S b.1.

622 Hospitals:

622 General, Surgical and Specialty Hospitals A A S S d.1

6214 Clinics and Outpatient Medical Care Centers A A A A b.3.

6241 Social Services Assistance, including Individual and Family Services

A A S S b.1.

6242 Community Food and Housing, and Emergency and Other Relief Services

A S S b.1.

81222 Cemeteries S A Sec. 316 - -

81222 Mausoleums S - -

81222 Crematories S - -

6111 Private Schools: Kindergarten, Elementary, Sec-ondary, Junior College and Universities

S S S S

A S S d.5., d.6.






NAICS 2012


Retail HC-


See Also Article 3

For Parking,

See Table 4-B:

92214 Correctional Institutions S S - -


4 | P a g e

Exhibit “B”

TA2020-001

Page 1 of 2

I. Background:

The City of Duluth finds that it is necessary to review and amend the Unified Development Code

(UDC) from time to time in order to protect the health, safety, and welfare of the public and provide

a healthy economic climate within the City of Duluth and surrounding communities.

II. Issue:

The UDC currently allows ground floor offices in CBD with Special Use approval. Offices located on

any floor other than the ground floor are an allowed use by-right. These regulations were intended

to preserve and encourage active restaurant, retail and entertainment uses in the Downtown.

Offices tend to have little customer activity throughout the day and also tend to close at the end of

the business day. The City has created a lively Downtown atmosphere. Offices with little activity

during the day and that go dark after 5:00pm may detract from the progress made in turning

Downtown Duluth into an attractive destination for shopping, eating and entertaining.

However large multi-story buildings (minimum 15,000 square feet) that were designed to be office

buildings have a useful place in a Downtown. Large office buildings employ many people and serve

as a destination for commerce, which leads to a large daytime population. The current CBD office

regulations are meant to preserve the retail and restaurant uses in existing buildings. These

regulations do not consider new, large office buildings that would have ground floor office space

that, given the built environment in Downtown, would logically be located outside of Parsons Alley,

the main retail and restaurant district of downtown Duluth.

III. Recommendation:

On March 2, the Duluth Planning Commission recommended Approval of TA2020-001 to amend

the City of Duluth’s official Unified Development Code.

Staff recommends approval of TA2020-001 as presented.

IV. Text Amendment:

Table 2-C

1. Modify Medical Labs (NAICS 6215) by adding it as an allowed use in the O-I zoning district.

Case Number: TA2020-001

Applicant: City of Duluth

Proposed Text Amendments: Various text amendments to Table 2-C “Principal Uses Allowed by Zoning District” and Article 3 “Restrictions of Particular Uses”

STAFF RECOMMENDATION:

PLANNING COMMISSION RECOMMENDATION:

APPROVE

APPROVE

TA2020-001

Page 2 of 2

2. Modify Banks, Credit Unions and Savings Institutions, no drive-in window (NAICS 5221) by adding it as an allowed use the O-N zoning district.

3. Modify Computer Systems Design and Related Services (NAICS 5415) by adding it as an allowed use in the O-I, O-N, M-1, M-2 and RD zoning districts.

4. Modify Bars, Taverns and Other Drinking Places (Alcoholic Beverages) (NAICS 7224) by removing is as an allowed use in the C-2 zoning district.

Article 3

Section 307 Administrative, Financial and Professional Offices.

For the purpose of this amendment, anything that has a strike though indicates proposed

deletion while anything that is underlined is a proposed addition

1. Special use approval is required to locate on the ground floor of a building in the CBD

zoning district except in free standing, multi-story buildings with a minimum of 15,000

square feet of heated floor area.

Gary Canter, Chairman Ray Williams, Vice Chairman

Alana Moss, Secretary

SUMMARY MINUTES PLANNING COMMISSION


Manfred Graeder Robert Pennington

March 2, 2020 CITY HALL – COUNCIL CHAMBERS 6:00 pm

COMMISSIONERS PRESENT: Chairman Gary Canter, Vice Chairman Ray Williams, Secretary Alana

Moss, Commissioners Manfred Graeder and Bob Pennington COMMISSIONERS ABSENT: None STAFF PRESENT: Bill Aiken, Planning and Development Director Daniel Robinson, Senior Planner

I. CALL TO ORDER Meeting called to Order at 6:00pm

II. GENERAL BUSINESS Chairman Canter gave a brief presentation on the emergency exits to the audience.

III. APPROVAL OF MINUTES

1. Approval of the February 17, 2020 Minutes

Motion to Approve the February 17, 2020 Minutes as presented by Vice Chairman Williams, Seconded Commissioner Pennington.

ALL FOR, Motion Passes 5-0

IV. OLD BUSINESS

None

V. NEW BUSINESS PUBLIC HEARING

1. Case: Z2020-001 Applicant: McKinley Homes US, LLC Location: 2810 & 2824 Peachtree Industrial Boulevard Request: Rezone 8.58 acres of property from C-2 (General Business District) to RM

(Residential Multi-Family District) to allow for the construction of a 70 units single-family attached (townhome) neighborhood.

Planning Commission Minutes March 2, 2020

Page 2 of 8

2

Mr. Robinson presented for staff. The purpose of the request (Z2020-001) from McKinley Homes US, LLC, on behalf of the property owner, Stonecrest 1 Trust, is to rezone +/- 8.58 acres of property in Land Lot 244 of the 7th District, Gwinnett County, consisting of tax parcels R7244 438 and R7244 002, from C-2 (General Business District) to RM (Residential Multi-Family District). The proposed rezoning request is for an entitlement to construct a residential subdivision consisting of 70 single-family attached dwellings (townhouses). The subject properties are surrounded by a mixture of uses. The site is bound to the north by four (4) multi-tenant commercial strip shopping centers. The site is bound to the east by two undeveloped properties zoned C-2 and PUD. The property zoned PUD contains the detention pond for the Olde Towne Residences neighborhood. The site is bound to the south by the Village at Albion Farm subdivision, a single-family detached neighborhood zoned PUD. The property is bound to the west by Chattahoochee Trace. Across Chattahoochee Trace is a multi-tenant office building zoned C-2. The subject properties are currently undeveloped. The subdivision is proposed to have a driveway on Chattahoochee Trace and an emergency access lane to Peachtree Industrial Boulevard. Ensite Civil Consulting calculated the expected trip generations for the proposed project using the Institute of Transportation Engineers (ITE) Trip Generation. The ITE Manual is the industry standard for calculating trip generations and lists many different land uses and calculates what type of vehicle traffic each use will create. The Manual estimates that townhome developments generate approximately 6.97 trips per day, per townhome. Therefore, it is expected that the proposed project would generate 488 trips per day. Traffic counts on Chattahoochee Trace were collected in 2018. At that time, this stretch of Chattahoochee Trace experienced 182 trips during the morning peak hour (7:15-8:15). 273 trips were counted during the afternoon peak hour (4:45-5:45). It is expected that the proposed development would generate an additional 34 trips during the morning peak hour and an additional 43 trips during the afternoon peak hour which equals a 19% and 16% increase, respectively. The vast majority of the trips generated from the site are expected to be to and from Peachtree Industrial Boulevard and not through the existing adjacent neighborhood. The developer will be responsible for any improvement to Chattahoochee Trace deemed necessary by the City of Duluth to accommodate this project, if approved. The applicant is proposing both rear-loaded and front-loaded townhomes ranging in size from 2,000 - 2,100 square feet. The applicant has constructed townhomes with different elevations and has yet to determine which style to build. However, the front and side elevation of the units must be primarily brick or stone with accent materials as required by the UDC. All units must also have two car garages which is also required by the UDC. The Master Concept Plan proposes 70 single-family attached townhomes. The driveways are proposed to be a minimum of twenty-two feet (22’) in length measured from the back edge of the sidewalk or alley to the garage face. This driveway length allows for a pickup truck or sports utility vehicle to park in the driveway without blocking the sidewalk or impeding vehicular traffic. The proposed development contains a public one-way road with on-street parallel parking spaces. The street is proposed to be 27 feet wide where parallel parking spaces are provided and 16 feet wide where there are none. There is a traffic circle at the entrance of the proposed development to calm traffic and to direct vehicles around the one-way street. Every unit is shown to have direct sidewalk access. The applicant is also proposing to provide a sidewalk on Chattahoochee Trace which will connect the Village at Albion Farm to the sidewalk on Peachtree Industrial Boulevard. Guest parking is proposed to be provided through the 49 on-street parallel parking spaces located throughout the neighborhood at a ratio of one space per 1.4 units. Within the adopted Comprehensive Plan FORWARDuluth, Chapter 5: Vision and Aspirations is the chapter within the Plan that staff, appointed officials and elected officials should use when making land use decisions. The subject properties are located in the Peachtree Retail Corridor Character Area. FORWARDuluth states within the Peachtree Retail Corridor, “Larger tracts of undeveloped land are appropriate for development of low to medium density residential with traditional neighborhood design (TND) to support retail in the district”. The subject parcel is located between intense


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commercial uses such as retail establishments, restaurants and offices an established medium density neighborhood. The proposed development incorporates many characteristics of TND design such as community open spaces, traffic calming, sidewalks and on-street parking. Through the inclusion of rear-loaded townhomes, the streetscape will not be dominated by driveways and garages. Furthermore, a single-family attached housing is generally an appropriate land-use when transitioning from commercial to single-family detached uses. The Future Land Use Map (FLUM) within FORWARDuluth shows the subject properties as Residential – Medium Density. Residential – Medium Density is considered to be developments between 6-12 units per acre. The density of the proposed development is 8.15 units/acre – well within the defined range of medium density. The densities of the two existing neighborhoods adjacent to the subject properties, The Village at Albion Farm and Olde Towne Village Phase 2 are 6 and 6.8 units/acre. These are also considered medium density neighborhoods. Therefore, the proposed development is compatible with existing nearby development. Planning staff recommends approval with conditions of Case Z2020-001.

Commissioner Graeder – You mentioned that a bus could pull into the development but there is no condition. I believe we did that with the Encore neighborhood. Mr. Robinson – That is correct, there is no condition regarding a bus stop. We cannot enforce condition on how Gwinnett County Schools operate. The best we can do is to make sure that there is enough room for a bus to enter and turn around. The traffic circle in the proposed development appears to be large enough for that to occur. In addition the interior of the circle is stamped concrete so a bus could travel on top of that. Commissioner Graeder – There was talk of providing pedestrian access to the commercial properties near the emergency access but it is not shown on the site plan. Mr. Robinson – That is certainly something the applicant can choose to include in the final plans because they do own the property up to Peachtree Industrial Boulevard. However, staff did not make that a condition of approval. Commissioner Graeder – How far are the rear-loaded units away from the property line? Mr. Robinson – The units are setback 60 feet. Commissioner Graeder – The UDC says 90 feet. Mr. Robinson – The UDC states that two-story multi-family structures are required to be 90 feet back from a property. Townhomes are defined as single-family structures and as such are only required to have 40 foot rear setback. Commissioner Graeder – What is the plan for trash pickup? I do not see a common dumpster. Mr. Robinson – I assume it would be the same as the other townhome communities in the City in that trash bins would be placed in the alley for the rear-loaded units and on the street for front-loaded units. Chairman Canter gave an explanation on how the public hearing process is conducted. Chairman Canter then opened the public hearing. Myles Cardenas, applicant representing McKinley Homes US, LLC – Thank you for giving us this opportunity to bring this matter to you. We took the time before we submitted this request for rezoning to make sure it was compatible with the FORWARDuluth Comprehensive Plan. We believe


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this project is compatible with the Plan and fulfills a need within this area of the City for medium density housing. Vice Chairman Williams – Was there anything that came up during the public open house that was incorporated into the site plan? Mr. Cardenas – The items that came up and that we are agreeable to are not necessarily shown on the site plan. However, we are OK with providing the access easement to the neighborhood and we provided the cross section of the two developments to show how our site is situated well below the existing neighborhood. Commissioner Pennington – Would you be open to providing an access agreement for Village at Albion Farm residents to walk through your neighborhood to Peachtree Industrial Boulevard. Mr. Cardenas – That has not come up but we could certainly consider it in the future. Vice Chairman Williams – Who would be responsible for maintaining the access easement? Mr. Cardenas – It would most likely be maintained as part of the common open space maintenance through the Homeowner’s Association. Mr. Robinson – The proposed access agreement was something that came up during the Open House which was less than two weeks ago. Specific details on how exactly it will work are still to be determined. However, being agreeable to having it shown on the site plan is showing good faith to the Village at Albion Farm. Chairman Canter – To be clear, adding the access easement is an accommodation that resulted from the Open House. Mr. Robinson – That is correct. Holley Kenyon, 2717 Albion Farm Way – There has been a lot of information presented tonight that has addressed some of the concerns of the Village at Albion Farm neighborhood. I would like to know if there was a process for the neighborhood to work with the City on any sort of traffic calming for Chattahoochee Trace. I would also like to know what assurance is in place regarding the access easement for the pond does get recorded. Mr. Aiken – The condition states that the access easement is recorded on the final plat. So in order to subdivide the property into buildable lots, the final plat must be recorded. The City will not approve the final plat unless the easement is shown. Regarding the traffic, the majority of the trips on Chattahoochee Trace are cut through from Peachtree Industrial Boulevard to Albion Farm Road. This development will only slightly increase the number of trips that go through the neighborhood. Most of the trips will be from the proposed development to Peachtree Industrial Boulevard. State law is clear that a municipality cannot make a developer fix existing unrelated traffic problems. However, the City does have a traffic calming program that can be explored by the neighborhood. Chairman Canter – Ms. Kenyon, you shared your concern regarding traffic and what can be done on Chattahoochee Trace. You also expressed concerned with the access easement to the existing detention pond that serves the Village at Albion Farm neighborhood. For the purpose of expediting the public hearing and to make sure the sentiment of the audience members are taken into consideration, how many in the audience share these concerns? A large number of those present in the audience raised their hands.


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Wayne Slear, 3060 Olde Towne Parkway – I would like clarification on the proposed detention pond and how it affects the existing ponds in the area. Mr. Aiken – There are two existing ponds in the area. One is owned by the Village at Albion Farm and the other pond is shared by Olde Towne Village and the Residences of Olde Towne. All three of these ponds work independently of each other. The proposed pond is downhill from the existing ponds so no water will go from the proposed pond to an existing pond. Donna Hightower, 2667 Albion Farm Way – The rendering of the proposed development shows a 50 foot setback but there are sidewalk and a public road located inside that 50 feet. This property has no buffer. There are no sidewalks planned along Chattahoochee Trace. I would also like to express concern about the allowable height of the units. 50 feet is too tall. The recent SR Homes rezoning was limited to 35 feet in height. Mr. Robinson – The applicant is proposing to provide sidewalk along Chattahoochee Trace. The proposed sidewalk would connect the sidewalk from the neighborhood to Peachtree Industrial Boulevard where there is currently a gap. Buffers are not required when there are two like uses adjacent to each other. In this case, it is single-family home adjacent to single-family home. That being said, the development is proposing elements of a buffer. The applicant is proposing a fence along the property line, evergreen trees and a retaining wall between the property line and the proposed public street. Charlotte Brandi, 2980 Barnwood Crossing – I own two houses in the Village at Albion Farm. Where does the stormwater travel once collected by the underground detention facility? Mr. Aiken – The water will make its way to a pipe under Peachtree Industrial Boulevard where it will go through the Encore neighborhood and eventually into the Chattahoochee River. With no others wishing to speak, Chairman Canter closed the public hearing. Commissioner Moss – If this is turned down and a commercial was built, what is the height limit? Mr. Robinson – 50 feet is the height maximum for commercial buildings.

Motion to approve with conditions made by Secretary Moss, Seconded by Vice Chairman Williams. Motion Passes 4-1 (Commissioner Graeder voting in opposition of the motion)

PUBLIC HEARING 2. Case: Z2020-002

Applicant: Influencers Church, Rick Onorato Location: Corner of Old Peachtree Road and Sugarloaf Parkway Request: Amend the conditions of approval of Z2018-003 to allow for the construction of

church and medical office building.

Mr. Robinson presented for staff. The purpose of this request (Z2020-002) is to modify the conditions of approval from Z2018-003. The subject property is +/- 11.209 acres and located in Land Lot 199, 7th District, Gwinnett County. The parcel identification number is R7199 224. The Applicant intends to develop the site with a +/-74,843 square foot building intended to be used as a place of religious assembly and an 110,000 square foot office building. The site will also include associated site improvements such as a parking lot and playground. The site is currently undeveloped and contains +/- 11.209 acres. The property is surrounded by a mixture of uses. The site is bound to the north by Old Peachtree Road. Across Old Peachtree Road to the north is a single-family neighborhood known as


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the Haven at Sugarloaf neighborhood, zoned Duluth PUD (Planned Unit Development District). The site is bound to the east by a 26.4 acre parcel owned by Gwinnett County Board of Education housing the +/-212,000square foot Hull Middle School, zoned County R-100 (Single-Family Residential District). The site is bound to the south by an undeveloped 6.05 acre parcel zoned County R-TH (Residence Townhome District). Both of these properties are outside of the City Limits. The site is bound to the west by Sugarloaf Parkway. Across Sugarloaf Parkway to the west is a single-family neighborhood known as Sugarloaf County Club, which is also outside of the city limits. In 2003, the subject property was annexed into the City of Duluth as part of a larger +/-120 acre annexation and rezoning. Prior to the annexation into the City, the property was zoned R-100 by Gwinnett County. The annexation was accompanied with a rezoning application for PUD. In 2009, an amended site plan for the subject site was submitted and approved. In 2018, Influencers Church submitted a rezoning application requesting that the subject property be rezoned to O-I to allow for the construction of a 60,000 square foot church. The rezoning request was approved with conditions. The Conditions of Approval states that the site is to be developed consistent with the site plan provided by the applicant and any large changes to the site plan will result in the request needing rezoning approval. The site plan that was approved in 2018 showed a 60,000 square foot church and other site improvements such as a parking lot and stormwater detention facility. The proposed site plan increases the size of the church building from 60,000 square feet to 74,843 square feet, and increase of 14,843 square feet. In addition, the proposed site plan also includes an 110,000 square foot office building. The applicant is proposing 590 parking spaces for the site. The Unified Development Code (UDC) allows for shared parking when two nearby uses have different peak parking demand times. If parking was provided for each use separately, the UDC would require 957 spaces. The previously approved parking variance for the church will terminate with this rezoning. The site must comply with Article 4 Parking of the UDC. Unlike the currently approved site plan, the proposed stormwater detention facility is underground. There are three proposed points of ingress/egress located on the site. All improvements or alterations to the roads will be subject to the approval of Gwinnett County Department of Transportation. The addition of the 110,000 square foot medical office building and the larger church building will add to the expected traffic generation. The 10th edition of the Institute of Traffic Engineers (ITE) manual estimates that the medical office building will add 243 trips to the morning peak hour. The applicant plans to operate a day care/preschool during the week. A traffic count conducted on this intersection in November of 2019 found that there are 4,321 vehicles that pass through this intersection during the morning weekday peak hour. The addition of 243 trips for the office building and 299 trips for the day care/preschool results in an increase of approximately 13%. The current afternoon peak time has a traffic count number 4,512 vehicles. The additional 678 vehicles is an increase of approximately 15%. The increase in the size of the church could result in more trips but the vast majority would be on Sunday morning when traffic is the lightest. Planning Staff recommends approval with conditions. Commissioner Graeder – Do you know what the setbacks are for the County-zoned properties? Mr. Robinson – I do not know without looking them up. Chairman Canter opened the public hearing and asked for the applicant to speak. Jason Joseph, Mayfair Street Partners, representing the applicant – We have worked with Influencers Church at the Alpharetta location developing a 13 acre tract there with their church and a 65,000 square foot office building. The medical office pad is going to be sold off to a private developer, which is my company. The site will be subdivided into three separate tax parcels. Each building pad will be subdivided and then the remaining land would be owned under an association. The association would be responsible for the maintenance of the landscaping, parking, detention pond, etc. We have spoken with the owner of the adjacent property and it is unlikely that the property will ever get developed as residential due to some soil issues.


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Chairman Canter – Staff, can you please tell the history of this site? Mr. Aiken – Until recently the site was zoned PUD. The approved site plan had roughly 300,000 square feet of commercial and offices uses. I believe the original plan was for it to be anchored by a Trader Joe’s. When the recession hit, those plans were put on hold permanently. In 2018, Influencers Church rezoned the property to O-I. Commissioner Graeder – Do you have potential tenants for the medical office building? Mr. Joseph – Yes. There has been a lot of interest in specialty medical offices, mainly pediatric and cardiology offices. With no others wishing to speak in support of the request, Chairman Canter asked for those in opposition to the request to speak. Nicholas Bohorquez, attorney representing the Stonebrier at Sugarloaf HOA – The Homeowners Association of Stonebrier at Sugarloaf did not know about this rezoning until today. When the property was rezoned in 2018, the applicant reached out to HOA and discussed the rezoning with them. The applicant did not reach out to the HOA for this rezoning. The HOA was comfortable with original rezoning plan, however they are concerned now with the addition of the medical office building. They are concerned about the added traffic and the height of the building. The HOA feels like this is a bait and switch since they were not contacted about the change in the site plan. Kathi Eastman, 1715 Silvermere Court, Duluth – We are very concerned with this plan because we already have a very congested area. Old Peachtree Road becomes a two lane road just after this site. The delays this will cause will be substantial. We were OK with the 2018 rezoning because we were told it was a church. This isn’t just a church. This is big business. Quan Wang, 3297 Isleworth Trace, Duluth – I was on the Stonebrier HOA board in 2018 and was OK with the rezoning. The site plan presented today is nothing like what was brought to us then. We were not told about this change in site until today. Meredith Klein, 4132 River Mill Drive, Duluth – I have lived in Duluth for a long time and I think it is getting over developed. Chairman Canter closed the public hearing. Secretary Moss – I do not like this project. Reducing the setback so much for an office building is unfair to the adjacent property owner. I am uncomfortable with depending on a third party opinion that the soils will not support a townhome development. I feel like this is not what we agreed to with the original rezoning. Commissioner Pennington – If I go back to FORWARDuluth, I think that medical office uses are exactly the type of uses we wanted. I think this project brings jobs and taxes to City that will benefit the whole City. I think this is a worthwhile project.

Motion to table to the April 6, 2020 Planning Commission meeting made by Vice Chairman Williams, Seconded by Commissioner Graeder. Motion Passes 4-1 (Commissioner Pennington voting in opposition of the motion)


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PUBLIC HEARING 3. Case: TA2020-001

Applicant: City of Duluth Request: Amend Table 2-B and Section 307 of the Unified Development Code to allow offices

in the CBD (Central Business District) on the ground floor when located in buildings at least two stories and 15,000 square feet.

Mr. Robinson presented for staff. The City of Duluth finds that it is necessary to review and amend the Unified Development Code (UDC) from time to time in order to protect the health, safety, and welfare of the public and provide a healthy economic climate within the City of Duluth and surrounding communities. The UDC currently allows ground floor offices in CBD with Special Use approval. Offices located on floor other than the ground floor are a permitted use by-right. These regulations were intended to preserve and encourage active restaurant and retail uses in the Downtown. Offices tend to have little customer activity throughout the day and also tend to close at the end of the business day. The City has created a lively Downtown atmosphere and too many closed offices in the area would detract from the progress made in turning Downtown into an attraction. However large buildings that were designed to be office buildings have a useful place in a Downtown. Large office buildings employ many people which leads to a large daytime population. The current CBD office regulations are meant to preserve the retail and restaurant uses in existing buildings. These regulations do not consider new, large office buildings that would have ground floor office space which, given the built environment in Downtown, would be located away from the Main Street/West Lawrenceville Street intersection, the main retail and restaurant area. Therefore, Planning Staff recommends amending Section 307 to state, “Special use approval is required to locate on the ground floor of a building in the CBD zoning district except when located in a building two or more stories tall and over 15,000 square feet”.

Motion to approve made by Commissioner Graeder, Seconded by Vice Chairman Williams. ALL FOR, Motion Passes 5-0

VI. OTHER BUSINESS

1. Matters from Staff Mr. Aiken thanked Chairman Canter on his dedicated service to the City of Duluth as this

was his last meeting. Mr. Aiken also reminded the Commission about the March 16th training.

2. Matters from Commission None

3. Matters from Public None

VII. ADJOURNMENT

Motion to Adjourn made by Commissioner Pennington, Seconded by Vice Chairman Williams.


Approved this ___________day of ________ , 2020

______________________________ ___________________________________ Chairman Secretary/Witness

Gwinnett Daily Post 02/10/20725 Old Norcross RoadP.O. Box 603Lawrenceville, GA 30046

A d P r o o f

Package or Publication Start Stop Inserts

02/14/20 02/14/20 1

Date: 02/10/20 Start Date: 02/14/20 Class: Zoning Ad ID: 633113 P.O. Words: 293 Lines: 72 Ad Taker: Tina Partridge E-mail: [email protected] Phone: (770) 963-9205 Extension: 1161

Account: 102244

Name: Company: Duluth, City of (Legal ads) Address: 3167 Main St Duluth, GA 30096

Telephone: (770) 476-1790 E-mail: [email protected]

Gross: $30.00 Paid Amount: $0.00 Amount Due: $30.00

G&R Legal Any Day; Gwinnett Daily Post

CITY OF DULUTHNOTICE OF PUBLIC

HEARINGNOTICE IS HEREBY GIVEN

that the City of Duluth Plan-ning Commission and City Council will be considering a text amendment to Article 2 Use of Land and Structures of the Unified Development Code (UDC) Table 2-C to amend allowed uses in the CBD (Central Business District) and potentially other zoning districts. The amendment may also include additional modifications to other Articles of the Unified Development Code to ac-complish consistency with the proposed changes. The Planning Commission pre-sentation and discussion on the text amendment will be at 6:00 p.m. on the 2nd day of March, 2020 at the follow-ing location: City Hall Council Chambers, 3167 Main Street, Duluth, Georgia 30096. The public is invited to comment. The City Council presenta-tion and discussion on the text amendment will be at 6:00 p.m. on the 9th day of March 2020 at the following location: City Hall Council Chambers, 3167 Main Street, Duluth, Georgia 30096. The public is invited to comment.

PERSONS INTERESTED IN THIS MATTER are invited to review the potential amend-ments to the Unified Devel-opment Code, which are on file with the Planning and Development Department of the City of Duluth and to at-tend the public meeting at the date, time and place provided in this notice.

For more information, con-tact Daniel Robinson, Plan-ning and Development, at (770)476-1790.

*******************In compliance with the

Americans with Disabilities Act of 1990, the City of Dulu-th is committed to providing reasonable accommodations for a person with a disability. Please contact Teresa Lynn at (770) 476-3434 if special program accommodations are necessary and/or if pro-gram information is needed in an alternative format. Spe-cial requests must be made in a reasonable amount of time in order that accommo-dations can be arranged.

934-633113, 2/14

“Local News For Local People”P.O. Box 603 Phone (770) 963-9205Lawrenceville, Georgia 30046 Fax (770) 339-8082

PuBLisher’s AFFidAvit

stAte OF GeOrGiACOuNtY OF GwiNNett

Personally appeared before the undersigned, a notary pub-lic within and for said county and state, robert d. McCray vice President of sCNi, which publishes the Gwinnett daily Post, published at Lawrenceville, County of Gwinnett, state of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of

Ad No.: 633113Name and File No.: TA2020-001a true copy of which is hereto attached, was published in said newspaper on the following date(s):

robert d. McCray, sCNi vice President of sales and Marketing

By: todd Clineeditor

sworn and subscribed before me 02/25/20

Notary PublicMy commission expires June 23, 2023

02/14/20 Fri



that the City of Duluth Plan-ning Commission and City Council will be considering a text amendment to Article 2 Use of Land and Structures of the Unified Development Code (UDC) Table 2-C to amend allowed uses in the CBD (Central Business District) and potentially other zoning districts. The amendment may also include additional modifications to other Articles of the Unified Development Code to ac-complish consistency with the proposed changes. The Planning Commission pre-sentation and discussion on the text amendment will be at 6:00 p.m. on the 2nd day of March, 2020 at the follow-ing location: City Hall Council Chambers, 3167 Main Street, Duluth, Georgia 30096. The public is invited to comment. The City Council presenta-tion and discussion on the text amendment will be at 6:00 p.m. on the 9th day of March 2020 at the following location: City Hall Council Chambers, 3167 Main Street, Duluth, Georgia 30096. The public is invited to comment.

PERSONS INTERESTED IN THIS MATTER are invited to review the potential amend-ments to the Unified Devel-opment Code, which are on file with the Planning and Development Department of the City of Duluth and to at-tend the public meeting at the date, time and place provided in this notice.

For more information, con-tact Daniel Robinson, Plan-ning and Development, at (770)476-1790.

*******************In compliance with the


934-633113, 2/14

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CITY OF DULUTH CITY COUNCIL

Staff Report March 9, 2020

CASE NUMBERS:

SU2020-001

LOCATION:

4165 Pleasant Hill Road Duluth, Georgia 30096

PARCEL:

R6321 110

CURRENT ZONING: C-2 (General Business District) PROPOSED ZONING:

C-2 (General Business District) with Special Use

ACREAGE:

+/- 0.59 Acres

REQUEST:

Special Use approval to allow for the construction and operation of automotive repair and maintenance facility.

OWNER: APPLICANT:

Georgia Taco, LLC 1031 Woodcrest Lane Vista, CA 92081 Woodrow Preston Willard Toxaway Automotive Group 2970 Peachtree Road NW Ste. 510 Atlanta, GA 30305

STAFF RECOMMENDATION:

DENIAL

PLANNING COMMISSION RECOMMENDATION:

DENIAL

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I. PURPOSE AND DESCRIPTION OF THE REQUEST

The purpose of this Special Use request (SU2020-001) is to allow for the operation of an automotive repair and maintenance facility (NAICS 8111) in the C-2 Zoning District. The proposed automotive repair and maintenance facility is intended to be conducted within a +/-1,400 square foot single-story building containing three (3) oil changing bays and a small lobby.

Maps detailing the location, zoning district and character area of the subject property are attached hereto as Exhibit “A”. The survey and legal description of the subject property are attached hereto as Exhibit “B”. The Applicant has submitted a Master Concept Plan (site plan) attached hereto as Exhibit “C” and building elevations attached hereto as Exhibit “D”.

II. EXISTING CONDITIONS

The ±0.59 acre subject property was originally developed in 1988 by Del South Restaurants, under the brand name Taco Bell, as a fast food restaurant with drive-through (NAICS 722513). Taco Bell operated a restaurant on this property in a ±2,142 square foot building until it closed for business in 2018. The building has remained vacant since Taco Bell closed. If approved, the Applicant intends to demolish the existing building and site improvements for the construction of the proposed automotive repair and maintenance facility.

The Subject Property is surrounded by a mixture of uses. The site is bound to the north by Pleasant Hill Road, a Gwinnett County Department of Transportation roadway that is currently being widened in Duluth from four (4) lanes to six (6) lanes between McClure Bridge Road and the Chattahoochee River. Across Pleasant Hill Road is the Peachtree Hill Shopping center zoned C-2. The site is bound to the east from a single-story coffee shop/restaurant zoned C-2. The site is bound to the south by the Howell Crossing Shopping Center zoned C-2. Further to the south, in close proximity to the site, is the Crest at Berkeley Lake Apartments zoned RM (Multi-family Residential). The site is bound to the west by a variety of C-2 zoned properties. The site is also in close proximity (within 0.5 miles) to the Northside Gwinnett – Duluth Campus, medical offices, the ±112 acre Hudgens Property, approximately 12 automotive repair and maintenance facilities, the Sweet Bottom Plantation subdivision and other residential land uses.

As a developed property, the Subject Property currently has access to all necessary utilities. Water and sewer are provided by Gwinnett County. The developer will be responsible for compliance with all applicable stormwater management requirements, regardless of the intended use. The subject property has a driveway on Pleasant Hill Road as well as interparcel access with the adjacent properties to the east and the west.

III. REVIEW OF THE REQUEST

1. Literal Interpretation of the Unified Development Code (UDC)

A. Table 2-C of the UDC allows NAICS 8111 “Automotive Repair and Maintenance” in the C-2 zoning district by way of Special Use approval from the Duluth City Council.

B. Section 313 of the UDC establishes minimum standards for automotive repair and maintenance uses in the City of Duluth. It requires: 1. Outdoor storage, including inoperable vehicles, shall not be allowed.

2. Automotive repairs shall be conducted inside the principal building.

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3. Automotive bays shall not face street frontage.

4. All parking and loading areas shall be screened from the road with a 3 foot high

landscaped berm (maximum 2:1 slope) and a 10 foot landscape strip in accordance with the standards of the Landscaping, Buffers and Tree Protection Article of the Unified Development Code.

If SU2020-001 is approved, all of the applicable standards identified in Section 313 must be adhered to.

C. Section 1105 of the UDC establishes the Special Use Considerations.

The Special Use is designed to apply under any one of the following circumstances:

1. A special use listed under the zoning district is desired for development and a more intensive zoning district containing that use, as a use by right would not be appropriate for the property; or

2. A special use listed under the zoning district is desired for development and no

zoning district contains that use as a use by right; or

3. A unique use not addressed in any zoning district is desired for development and is not likely to be duplicated within the City of Duluth; or

4. The density of development may be affected by the height of a building; or

5. The neighboring properties may be affected by the height of any structure; or

6. The special use would be consistent with the needs of the neighborhood or the

community as a whole, be compatible with the neighborhood and would not be in conflict with the overall objective of the Comprehensive Plan.

In order to accommodate these particular uses, special use approval allows the City

Council to approve such a use on a particular parcel without changing the general

zoning district. Such approval shall be subject to the requirements set forth below

and any additional conditions deemed necessary to ensure the compatibility of the

special use with the surrounding properties. All special use applications shall be for

firm development proposals only. The special use shall not be used for securing early

zoning for conceptual proposals that may not be undertaken for some time. A special

use application shall be considered only if the application is made by the owner of

the property or by his/her authorized agent. The minimum requirements for a

special use approval are:

1. Any uses allowed under special use approval shall also conform to the requirements of this Development Code for all uses as found in the zoning district.

2. The application and review process for a special use shall be the same as for the zoning district under which the special use is found. In addition to the information and/or site plans which are required to be submitted for the proposed development, additional information deemed necessary by the

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Director in order to evaluate a proposed use and its relationship to the surrounding area shall be submitted. In the review process, particular emphasis shall be given to the evaluation of the characteristics of the proposed use in relationship to its immediate neighborhood and the compatibility of the proposed use with its neighborhood.

3. In the approval process for a special use approval application, the City Council

shall consider the policies and objectives of the Comprehensive Plan, particularly in relationship to the proposed site and surrounding area, and shall consider the potential adverse impacts on the surrounding area, especially in regards but not limited to traffic, storm drainage, land values and compatibility of land use activities.

4. If an application is approved and a special use approval is granted, all conditions

that may have been attached to the approval are binding to the property. All subsequent development and use of the property shall be in accordance with the approved plan and conditions.

5. Changes to a special use or development of a site for the special use, shall be

treated as an amendment to the special use Permit and shall be subject to the same application and review process as a new application.

6. An application for special use approval in a residential district and which use is

proposed to operate in a dwelling or as an accessory use to a dwelling is subject to the following additional requirements: a. The special use shall operate within the dwelling on the property or, if

approved by the City Council, in an accessory structure.

b. The exterior character of the dwelling shall be preserved in its residential state and there shall be no outside evidence of the operation of a special use to the neighborhood, except for any accessory structure approved by the City Council.

7. The owner of the property approved for a special use may voluntarily request

termination of the special use by notifying the Director in writing. The Director shall notify the City Council through the Planning Commission of the voluntary termination. The approval of a special use for a specific use which may be operated by a lessee under a private agreement with a lessor in any non-residential district shall not obligate the City Council to be responsible for or be required to resolve any disputes which may arise out of the voluntary termination of the special use by the property owner.

8. The Planning & Development Department shall have the right to periodically examine the operation of the specific use to determine compliance with the requirements and any conditions. If the Planning & Development Director determines that the requirements and conditions are being violated, a written notice shall be issued to the owner of the property outlining the nature of the violation and giving the owner of the property a maximum of ten days to come into compliance. If after ten days the violations continue to exist, the Director shall forward a report to the City Council through the Planning Commission who may recommend that action be taken to remove the special use from the property.

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9. Upon approval by the City Council, a special use shall be identified on the official

zoning maps.

10. Upon approval by the City Council of a special use, the owner of the property shall be issued a notice from the Director that states the specific use permitted, the requirements of this Section and any conditions attached to the approval.

11. The Planning & Development Department shall not issue a Certificate of

Occupancy for the specific use unless all requirements and conditions of the special use approval have been fulfilled by the owner of the property.

2. Standards Governing the Exercise of Zoning Power

Section 1104.02 of the UDC establishes the standards governing the exercise of zoning

power. The following standards are relevant in balancing the interest and promoting the public health, safety, morality, and general welfare against the right to the

unrestricted use of property:

A. How the proposed special use will permit a use that is suitable in view of the use and development of adjacent and nearby property.

B. How the proposed special use will adversely affect the existing use or usability of adjacent or nearby property.

C. Whether the property to be affected by a proposed special use has a reasonable

economic use as currently zoned.

D. Whether the proposed special use will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

E. Whether the proposed special use is in conformity with the policy and interest

of the Comprehensive Plan; Land Use Plan; transportation plans and other plans adopted for guiding development within the City of Duluth.

F. Whether there are other existing or changing conditions affecting the use and

give grounds for either approval or disapproval of the special use. The Applicant has provided written responses to the above Special Use standards as part of the application. Those documents are attached hereto as Exhibit “D”.

3. Literal Interpretation of FORWARDuluth, Plan 2040 (Comprehensive Plan)

A Comprehensive Plan is an official statement of the City’s vision for its future. It expresses the community’s aspirations and goals for the future, while articulating a corresponding set of policies and recommendations to guide future decisions regarding land use, development and capital improvements. Cities are complex places; city staff and officials make decisions about the future every day in response to new opportunities or unexpected problems. A Comprehensive Plan is one tool for helping to guide these decisions, with three distinctive features:

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It is long-range, looking ahead 5, 10, and 25 years. It is comprehensive, looking across many different facets of what a city does. It is deliberative, looking within to understand the needs and desires of the city.

FORWARDuluth affirms the big picture vision, defines goals and lays out a task list for city leaders, staff, and citizens to address issues to position the City of Duluth as a leader within metro Atlanta. The document serves as a guide for elected and public officials by establishing policies, priorities, and provides the framework for evaluating development proposals. It expresses the City’s vision for where, how and what development should occur. The goals and policies contained in the document inform and guide land use decisions, helping to assure citizens and developers that these decisions are credible, predictable and not arbitrary. The City is divided into 14 different Character Areas each with its own specific list of goals, policies and vision. Some Character Areas such as the Medical Triangle District and Downtown Core anticipate substantial change and therefore include goals and policies to best plan for quality developments. The Character Area Map is intended to work hand-in-hand with the Future Land Use Map when considering city-wide policies and when land use applications are presented to City Council. The Character Area Map and related text sets the overarching goals for specific areas within the City. The Future Land Use Map gives parcel by parcel recommendations for future development. When reviewing land use applications staff, Planning Commission, Zoning Board of Appeals and City Council will consider what the Character Area and Future Land Use Map have determined appropriate. City Council will ultimately decide if a potential development meets the goals and vision or does not. The Subject Property is located within the Medical Triangle District. The Medical Triangle will serve as a large medical and office center for Gwinnett County and the City with multiple new Class-A medical and office buildings. It will be a regional center of activity, but supported locally by nearby mixed-use developments on redeveloped commercial properties. Forward Duluth specifically states that automotive uses in this Character Area should be encouraged to be redeveloped into office or retail uses. The Future Land Use Map identifies the Subject Property as Commercial/Retail/Office. This classification is intentionally broad as to include all non-residential uses except for institutional and industrial uses. Located almost exclusively on primary, major and minor arterials, these types of uses rely on vehicle traffic for maximum visibility and access. Most of the parcels that are included in this classification are relatively small and contain a single building with the exception of River Green Parkway. The larger parcels that currently contain commercial uses such as grocery store-anchored shopping centers are marked as mixed-use for redevelop opportunities. When determining the appropriateness of a particular land use within the Commercial Retail Office future land use designation, the Character Area of the Subject Property should be heavy relied upon.

IV. PLANNING STAFF REVIEW When considering a Special Use application, staff must analyze whether or not the Special Use is consistent with the needs of the neighborhood or the community as a whole, be compatible

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with the neighborhood and would not be in conflict with the overall objective of the Comprehensive Plan.

Staff has carefully analyzed the proposal and finds that it does not meet the needs of the surrounding neighborhoods or community as a whole and does not meet the overall objectives of the Comprehensive Plan.

The surrounding neighborhoods and community as a whole have an abundance of options in close proximity to the subject property for automotive repair and maintenance. Adding an additional location in close proximity to similar uses does not meet a need. The Comprehensive Plan establishes a vison for this Character Area as being a large medical and office center for Gwinnett County and the City with multiple new Class-A medical and office buildings. It will be a regional center of activity, but supported locally by nearby mixed-use developments on redeveloped commercial properties. Adding an auto related business goes against the aspirations identified in this Character Area and does not meet the objectives of the Comprehensive Plan.

V. RECOMMENDATION

On February 3, 2020 the Duluth Planning Commission recommended Denial of Case SU2020-001, as presented by staff.

Planning staff recommends Denial of Case SU2020-001.

ATTACHMENTS:

Exhibit “A”: Maps Exhibit “B”: Plat and Legal Description Exhibit “C”: Proposed Master Concept Plan (Site Plan) Exhibit “D”: Proposed Architectural Elevations Exhibit “E”: Applicant’s Responses to the Standards Governing Special Use Consideration Exhibit “F”: Public Hearing Advertisement/Public Notice

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Exhibit “A”

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Exhibit “B”

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Exhibit “C”

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Exhibit “D”

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Exhibit “E”

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Exhibit “F”

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Gary Canter, Chairman Ray Williams, Vice Chairman

Alana Moss, Secretary

MINUTES PLANNING COMMISSION


Manfred Graeder Robert Pennington Bernard Robertson

February 3, 2020 CITY HALL – COUNCIL CHAMBERS 6:00 pm COMMISSIONERS PRESENT: Chairman Gary Canter, Commissioners Manfred Graeder, Bob

Pennington and Bernard Robertson COMMISSIONERS ABSENT: Vice Chairman Ray Williams, Secretary Alana Moss STAFF PRESENT: Bill Aiken, Planning and Development Director Daniel Robinson, Senior Planner

I. CALL TO ORDER

Meeting called to Order at 6:00pm

II. GENERAL BUSINESS None

III. APPROVAL OF MINUTES

1. Approval of the December 2, 2019 Minutes

Motion to Approve the December 2, 2019 Minutes as presented by Commissioner Pennington, Seconded Commissioner Robertson.


IV. OLD BUSINESS

None

V. NEW BUSINESS PUBLIC HEARING

1. Case: SU2020-001 Applicant: Woodrow Preston Willard Location: 4165 Pleasant Hill Road Request: Special Use to allow for the construction and operation of an Automotive Repair and Maintenance facility specializing in vehicular oil changes.

Planning Commission Minutes February 3, 2020

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Mr. Robinson presented for staff. The purpose of this Special Use request (SU2020-001) is to allow for the operation of an automotive repair and maintenance facility (NAICS 8111) in the C-2 Zoning District. The proposed automotive repair and maintenance facility is intended to be conducted within a +/-1,400 square foot single-story building containing three (3) oil changing bays and a small lobby. The ±0.59 acre subject property was originally developed in 1988 by Del South Restaurants, under the brand name Taco Bell, as a fast food restaurant with drive-through (NAICS 722513). Taco Bell operated a restaurant on this property in a ±2,142 square foot building until it closed for business in 2018. The building has remained vacant since Taco Bell closed. If approved, the Applicant intends to demolish the existing building and site improvements for the construction of the proposed automotive repair and maintenance facility. The Subject Property is surrounded by a mixture of uses. The site is bound to the north by Pleasant Hill Road, a Gwinnett County Department of Transportation roadway that is currently being widened in Duluth from four (4) lanes to six (6) lanes between McClure Bridge Road and the Chattahoochee River. Across Pleasant Hill Road is the Peachtree Hill Shopping center zoned C-2. The site is bound to the east from a single-story coffee shop/restaurant zoned C-2. The site is bound to the south by the Howell Crossing Shopping Center zoned C-2. Further to the south, in close proximity to the site, is the Crest at Berkeley Lake Apartments zoned RM (Multi-family Residential). The site is bound to the west by a variety of C-2 zoned properties. The site is also in close proximity (within 0.5 miles) to the Northside Gwinnett – Duluth Campus, medical offices, the ±112 acre Hudgens Property, approximately 12 automotive repair and maintenance facilities, the Sweet Bottom Plantation subdivision and other residential land uses. As a developed property, the Subject Property currently has access to all necessary utilities. Water and sewer are provided by Gwinnett County. The developer will be responsible for compliance with all applicable stormwater management requirements, regardless of the intended use. The subject property has a driveway on Pleasant Hill Road as well as interparcel access with the adjacent properties to the east and the west. FORWARDuluth affirms the big picture vision, defines goals and lays out a task list for city leaders, staff, and citizens to address issues to position the City of Duluth as a leader within metro Atlanta. The document serves as a guide for elected and public officials by establishing policies, priorities, and provides the framework for evaluating development proposals. It expresses the City’s vision for where, how and what development should occur. The goals and policies contained in the document inform and guide land use decisions, helping to assure citizens and developers that these decisions are credible, predictable and not arbitrary. The City is divided into 14 different Character Areas each with its own specific list of goals, policies and vision. Some Character Areas such as the Medical Triangle District and Downtown Core anticipate substantial change and therefore include goals and policies to best plan for quality developments. The Character Area Map is intended to work hand-in-hand with the Future Land Use Map when considering city-wide policies and when land use applications are presented to City Council. The Character Area Map and related text sets the overarching goals for specific areas within the City. The Future Land Use Map gives parcel by parcel recommendations for future development. When reviewing land use applications staff, Planning Commission, Zoning Board of Appeals and City Council will consider what the Character Area and Future Land Use Map have determined appropriate. City Council will ultimately decide if a potential development meets the goals and vision or does not.


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The Subject Property is located within the Medical Triangle District. The Medical Triangle District will serve as a large medical and office center for Gwinnett County and the City with multiple new Class-A medical and office buildings. It will be a regional center of activity, but supported locally by nearby mixed-use developments on redeveloped commercial properties. Forward Duluth specifically states that automotive uses in this Character Area should be encouraged to be redeveloped into office or retail uses. The Future Land Use Map identifies the Subject Property as Commercial/Retail/Office. This classification is intentionally broad as to include all non-residential uses except for institutional and industrial uses. Located almost exclusively on primary, major and minor arterials, these types of uses rely on vehicle traffic for maximum visibility and access. Most of the parcels that are included in this classification are relatively small and contain a single building with the exception of River Green Parkway. The larger parcels that currently contain commercial uses such as grocery store-anchored shopping centers are marked as mixed-use for redevelop opportunities. When determining the appropriateness of a particular land use within the Commercial Retail Office future land use designation, the Character Area of the Subject Property should be heavy relied upon. When considering a Special Use application, staff must analyze whether or not the Special Use is consistent with the needs of the neighborhood or the community as a whole, be compatible with the neighborhood and would not be in conflict with the overall objective of the Comprehensive Plan. Staff has carefully analyzed the proposal and finds that it does not meet the needs of the surrounding neighborhoods or community as a whole and does not meet the overall objectives of the Comprehensive Plan. The surrounding neighborhoods and community as a whole have an abundance of options in close proximity to the subject property for automotive repair and maintenance. Adding an additional location in close proximity to similar uses does not meet a need. The Comprehensive Plan establishes a vison for this Character Area as being a large medical and office center for Gwinnett County and the City with multiple new Class-A medical and office buildings. It will be a regional center of activity, but supported locally by nearby mixed-use developments on redeveloped commercial properties. Adding an auto related business goes against the aspirations identified in this Character Area and does not meet the objectives of the Comprehensive Plan. Planning staff recommends Denial of case SU2020-001. Chairman Canter asked for the applicant to come forward. Preston Willard, applicant, 2970 Peachtree Road, NW Ste. 510, Atlanta, GA 30305 – I am the applicant and also the applicant of the text amendment that allowed Automotive Repair and Maintenance as a Special Use in the C-2 district. Take 5 specializes in quick oil changes. We do not do repairs or sell tires. The customer pulls into the bay and never leaves their car. The oil change lasts roughly seven (7) minutes. Den Webb, attorney for the applicant, 1230 Peachtree Street, NE, Atlanta GA 30309 – We would like to take down a vacant 2,100 square foot building and replace it with a 1,400 oil change facility. The property has access to Pleasant Hill Road but also has inter-pacel access to the neighboring properties. The applicant intends to create a store front on Pleasant Hill which is why the building is oriented the way it is shown. The automotive uses that staff mentioned during their presentation are very different from the applicant’s. Those facilities


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do major repairs, use air tools and sell tires. Take 5 uses no air tools and does not create the same levels of noise or pollution. Everything is done within the building. This property is located in the Medical Triangle District Character Area. Character Areas are broad outlines. The Future Land Use Map (FLUM) goes deeper and provides parcel by parcel recommendations for future use. The subject site is classified as Commercial/Retail/Office on the FLUM. The Commercial/Retail/Office states that, this classification is intentionally broad as to include all non-residential uses except for institutional and industrial uses. Located almost exclusively on primary and major arterials, these types of uses rely on vehicle traffic for maximum visibility and access. Most of the parcels with this designation are relatively small and contain one building. This is exactly the situation with the subject property. It is a single building on a small, 0.59 acre property located on a major road. Almost everything in this area of the City is zoned C-2. C-2 allows automotive parts stores, gas stations, tire stores and drive-thru restaurants by-right. We think that what we are proposing is in character to what is existing in the area now and we think that what we are proposing meets what the FLUM calls for on this property. I keep going back to the line in the Comp Plan about redeveloping auto related uses into office uses. It seems like that is intended for uses already existing. These existing auto uses use heavy equipment, hydraulic and pneumatic tools and have outdoor storage. Take 5 will have none of that. The Medical Triangle District is a very large Character Area. We think that office uses fit closer to the hospital. Chairman Canter asked the members of the Commission if they had any questions for the applicant or his representative. Commission Robertson – You mentioned there would be no lift within the building. Can you explain how you change the oil? Preston Willard, applicant – It is a trench-style pit so the customer will pull into the building and the technician will be in the trench. The building does not contain a basement. The payment is done while the customer is still in the car. Chairman Canter – What is your response to the UDC’s requirements for approving a special use. Specifically, Section 1105 which states, the special use is consistent with the needs of the neighborhood or the community as a whole, be compatible with the neighborhood and would not be in conflict with the overall objective of the Comp Plan? Den Webb, attorney for applicant – We believe we do meet the needs of the neighborhood because we look at our product completely differently to the existing automotive uses. We are not a tire store, we are not a repair shop that fixes brakes and such. We are a very light automotive use. Not only are we different in use but we believe we are different in site design. We also think we are compatible with the area. Again, the Medical Triangle District is large and we think different areas on the area have different needs. This area of the District has 60,000 cars pass through everyday which is why the City shows commercial uses in the FLUM in this area. You can put a gas station on this site today without any public board approval. In terms of being compatible with surrounding uses, I believe we are compatible with the gas stations, tire stores and the six lane road.


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Commissioner Pennington – FORWARDuluth took months and months of work to create, then test, then put into place. You obviously have a good business model and will meet the needs of some of the people that drive along Pleasant Hill Road. However, the Comp Plan is created with the thought and concern of the next 10-20 years. Some of the plans and goals in the Comp Plan won’t be seen for years but we get there by taking one baby step at a time. We do that by sticking to the vision of the Comp Plan now so that those decisions begin to snowball. I have no problem with your business. It is just the location does not adhere to the Comp Plan. If an existing automotive use in this area went out of business, would the City allow another one to open in its place? Also, why does this use require special use approval and a gas station does not? Mr. Aiken - If the location was vacant for less than three months, another automotive use could open. After three months of vacancy, the site would lose its legal nonconforming status. Regarding the gas station, those are allowed by right in the C-2 zoning district. They have different NAICS codes which is how our UDC separates and classifies land uses. Den Webb, attorney for applicant – The Comp Plan guides zoning decisions. Special Uses do not change the zoning category. The area is zoned C-2 currently. The Comp Plan may have a vision for certain types of medical uses but it doesn’t change the fact the site is zoned C-2 so any of the uses I mentioned before could go on the subject property without any sort of the approval. Chairman Canter – We went through a very long process to go through the NAICS codes when reviewing the allowed uses in the UDC. There are probably some grey areas and crossover in uses which is why we have these conversations. I think it is important to maintain credibility in our codes and our Comp Plan and that goes back to the needs of the neighborhood. There are 10 automotive repair uses in close proximity to the subject property. I just don’t see a need for this in the neighborhood when there are 10 other places nearby where you can get an oil change. Commissioner Robertson – I do not have a problem with automotive uses nor am I concerned about environmental issues because I know the regulations that these types of uses must follow. However, I do have an issue approving this special use because of the location. With no other questions for the applicant, Chairman Canter opened the public hearing portion of the meeting. No one present wished to speak in favor or opposition to the request. Motion to deny made by Commissioner Graeder, Seconded by Commissioner Robertson. ALL FOR, Motion Passes 4-0

VI. OTHER BUSINESS

1. Matters from Staff

Mr. Aiken notified the Commission that training will take place on March 16th. Mr. Aiken

also gave a Capital Improvement Project update.

2. Matters from Commission

“Local News For Local People”P.O. Box 603 Phone (770) 963-9205Lawrenceville, Georgia 30046 Fax (770) 339-8082

PuBLisher’s AFFidAvit

stAte OF GeOrGiACOuNtY OF GwiNNett

Personally appeared before the undersigned, a notary pub-lic within and for said county and state, robert d. McCray vice President of sCNi, which publishes the Gwinnett daily Post, published at Lawrenceville, County of Gwinnett, state of Georgia, and being the official organ for the publication of legal advertisements for said county, who being duly sworn, states on oath that the report of

Ad No.: 633112Name and File No.: SU2020-001a true copy of which is hereto attached, was published in said newspaper on the following date(s):

robert d. McCray, sCNi vice President of sales and Marketing

By: todd Clineeditor

sworn and subscribed before me 02/25/20

Notary PublicMy commission expires June 23, 2023

02/14/20 Fri



that a public hearing will be held before the City of Duluth City Council to con-sider a request from Wood-row Preston Willard, for a Special Use to allow for the operation of an Automotive Repair and Maintenance use at 4165 Pleasant Hill Road, Duluth, Georgia (tax parcel R6321 110). The property is approximately 0.59 acres.

The public is invited to at-tend this hearing before the City Council on the Special Use request at Duluth City Hall, 3167 Main Street, Du-luth, Georgia 30096. The meeting date, place and time regarding this matter are as follows:

WHEN: March 9, 2020–6:00 p.m.

WHERE: City Hall Council Chambers

3167 Main StreetDuluth, GA 30096PERSONS INTERESTED IN

THIS MATTER are invited to review the proposed Special Use request, which is on file with the Department of Plan-ning & Development of the City of Duluth and to attend the public hearing at the date, time and place provided in this notice, to express their opinion on this matter. Writ-ten comments may also be received in lieu of testimony during the public hearing. Written comments may be sent to the following address:

City of DuluthATTN: Daniel Robinson3167 Main StreetDuluth, GA 30096OREmail: drobinson@dulu-

thga.netFor more information,

contact Daniel Robinson, Planning & Development, at (770)476-1790.

*****************In compliance with the


934-633112, 2/14

BA-FY20-22

ORDINANCE TO AMEND THE CITY OF DULUTH

2020 FISCAL YEAR BUDGET AN ORDINANCE TO AMEND THE 2020 ANNUAL BUDGET FOR THE CITY OF DULUTH, GEORGIA, IN COMPLIANCE WITH THE LAWS OF THE STATE OF GEORGIA. THE CITY COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS, the City of Duluth, Georgia, has previously adopted a budget for the 2020 fiscal year as follows: Total Revenues: 69,670,540 Operations Expenditures: 30,249,772 Capital Improvement Expenditures: 39,420,768 Total Expenditures: 69,670,540 For a balanced budget in compliance with the laws of the State of Georgia. WHEREAS the City of Duluth Police Department in 2003 received a grant for the purchase of the “Command Vehicle”, a 2004 diesel powered Freightliner; and WHEREAS the Police Department staff looked into upgrading the command vehicle in order to better serve the needs of the department, however, due to the age of the vehicle it was determined that the cost was not justified and the vehicle was sold for $85,000; and WHEREAS it is requested that $85,000 be added to the SPLOST Vehicles – Police – Consolidated Vehicles Maintenance – Vehicles line item in order to purchase a new vehicle for the warrant team; and NOW THEREFORE, the City of Duluth 2020 Fiscal Year Budget is amended as follows: Total Revenues & Prior Yr Reserves 69,755,540 Operations Expenditures: 30,249,772 Capital Improvement Expenditures: 39,505,768 Total Expenditures: 69,755,540 IT IS SO ORDAINED this day of , 2020.

Budget Amendment, p2

_____________________________ Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha A. Bomar, Post 1 _____________________________ Vacant, Post 2 ______________________________ Billy Jones, Post 3 ______________________________ Kelvin J. Kelkenberg, Post 4 ______________________________ Greg Whitlock, Post 5 Those councilmembers voting in opposition: ______________________________ ______________________________ ______________________________ ATTEST:_________________________ Teresa S. Lynn, City Clerk

Nancy Harris, Mayor - Duluth, GA

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