Mayor and City Council Regular Meeting  CITY OF DACULA >>*<<  Thursday, March 07, 2024 at' 7:00 PM Dacula City Hall, Council Chambers  442 Harbins Rd. |P.O. Box 400] I Dacula, Georgia 300191(770): 963-7451  Minutes  I.  CALL TO ORDERAND ROLL CALL OF MEMBERS:  Mayor Trey King called the March 7,2024 Council Meeting to order at 7:00 p.m. and a roll call ofthe  members was taken. A quorum was present. He welcomed everyone to the meeting.  Councilmembers Present: Mayor Trey King Councilmember Sean Williams Councilmember Daniel Spain Councilmember Ann Mitchell Councilmembers Absent: Councilmember Denis W. Haynes, Jr.  City Staff Present: Brittni Nix, City Administrator Courtney Mahady, Administrative Clerk Hayes Taylor, City Planner Stephen Mayer, Director of] Finance Jennifer Turner, Accounts Payable Clerk Alethia Hyman, City Tax Clerk Renee Cooke, Front Desk Clerk Amy White, ChiefMarshal James Ross, City Marshal I. INVOCATION:  Dana Stump, Administrative Assistant for Planning & Zoning  Pastor Mark Chandler gave invocation. II. PLEDGE OFALLEGIANCE Mayor Trey King led the Pledge of Allegiance. IV. CONSENTAGENDA:  1. Approval oft the Minutes from the Regular Meeting on February 1,2024  City of Dacula Meeting Minutes March 7, 2024 - Page lof8    2. Adopt Records Management Policy 4. Proposal for tax collection services 5. Proposal for architect services  3. Amendments to the Marshal's Office Policy and Procedure  6. CDBG Subrecipient Agreements for the McMillan Road improvement project 7. Proposal toj prepare the 2025 Community Development Block Grant Application Motion to approve the consent agenda items as listed made by Councilmember Mitchell, Seconded by Voting Yea: Councilmember Williams, Councilmember Spain, Councilmember Mitchell  Councilmember Spain. V. OLDBUSINESS:  8. Rezoning Application: 2023-CD-RZ-03; Applicant: Archon Homes, Owner: Dacula Real Estate requests rezoning from MH Mobile Home Park District to R-TH Single Family Residence lownhouse District. The property is located in Land Lot2 275ofthe 5th District and contains 4.04 acres: more or less. (Public Hearing was held on December 7, 2023)  Mayor King noted that the public hearing for this rezoning application was. held on December 7, 2023. City Planner, Hayes Taylor, stated that the applicant requests rezoning from MH Mobile Home Park District to R-TH complete Single Family Residence Townhouse District. The applicant requested tabling the application to do their due diligence and update the site plan. Mr. Taylor noted that the applicant has Mayor King requested ai motion to table application 2023-CD-RZ-03 to the. April 4 council meeting. Motion to table rezoning application 2023-CD-RZ-03 to the. April 4, 2024 meeting made by Voting Yea: Councilmember Williams, Councilmember Spain, Councilmember Mitchell  assured the city that they will bei ready for the April council meeting.  Councilmember Spain, Seconded by Councilmember Williams.  VI. NEW BUSINESS:  9. PUBLIC HEARING: 2024-CD-COC-01, Applicant: James Clinkscales, Owner: CircaSpaces, Inc. requests changes to 2019-CD-COC-01 condition(s). The property is located  in) Land Lot3 301 oft the 5th District and contains 1.40 acres more or less.  Motion to open thej public hearing made by Councimember Mitchell, Seconded by Councimember Voting Yea: Councilmember Williams, Councilmember Spain, Councilmember Mitchell  Williams.  City Planner, Hayes Taylor, presented the staff case report for the change of conditions application. The applicant has requested changes to the 2019-CD-COC-01 condition(s) to amend allowable uses and other Councilmember Mitchell asked for clarification about the conditionregarding the height of the fence along  conditions. Mr. Taylor stated staff recommend approval with conditions.  Harbins Road.  City of Dacula- - Meeting Minutes March 7,2024- - Page 2of8    Mr. Taylor stated that the current condition reads that the front yard fence shall not exceed six (6) feet in height and the applicant is requesting the front yard fence be eight (8) feet in height. Staff recommends Applicant Representative, Arlene Clinkscales, 1352 Innsfail Court, Snellville, GA 30078, co-owner of CircaSpaces, Inc. stated that they have been working closely with city staff to ensure that their business can offer their services to benefit the community. Mrs. Clinkscales thanked staff for their recommendation  keeping the six (6) foot height maximum.  and the city council for their service.  Comment inj favor: None  Comment in opposition:  None Mitchell.  Motion to close the public hearing made by Councilmember Spain, Seconded by Councilmember Voting Yea: Councilmember Williams, Councilmember Spain, Councilmember Mitchell  10. Change of Conditions Application: 2024-CD-COC-01, Applicant: James Clinkscales, Owner: CircaSpaces, Inc. requests changes to 2019-CD-COC-01 condition(s). The property is located in Land Lot 301 oft the 5th District and contains 1.40 acres more or less.  Motion to approve the change ofconditions application with staff's recommended conditions [listed below] made by Councilmember Williams, Seconded by Councilmember Mitchell. Voting Yea: Councilmember Williams, Councilmember Spain, Councilmember Mitchell  1. Permitted uses shall be limited to meeting and office use, and indoor special events. The 2. All business activities shall be contained within the existing structure on thej property. Outdoor 3. The: fence that adjoins residential properties must: remain in place and the structural and visual 4. The existing zoning buffer must remain in place and be maintained at all times. 5. Ground signage shall be limited to a single monument type only with indirect lighting or a LED reader board. Sign shall be constructed with a brick or stacked stone base of at least 2 feet in height. Neon or internally lit ground signs shall be prohibited. The light from any illuminated sign shall not be ofan intensity and brightness which will interfere with the peace, comfort, convenience, and general welfare of residents or occupants of adjacent and nearby 6. Property lighting shall be directed in towards the property SO as not to reflect into adjacent residential properties. A separate lighting plan (showing location and type of light) shall be  maximum occupancy shall not exceed thirty-two (32) persons. events are permitted with at temporary use permit. characteristics of the fence shall be maintained at all times.  properties.  submitted to the City for approval.  City of) Dacula- = Meeting Minutes March' 7,2024 -Page3of8    7. Normal business hours of operation shall be limited from 6:00 am to 9:00 pm. Closing 8. Any dumpster enclosures shall be constructed with brick, stacked stone, or split face block (CMU). Subject enclosures shall have a completely opaque wood or steel door. Garbage/Sanitation or dumpster service pickups shall be conducted between the hours of7:00 9. No outdoor storage shall be permitted on site. Accessory storage sheds / structures shall be allowed in the side and: rear yards. Said structures shall be enclosed on all four sides.  procedures may continue until 11:00 pm.  am and 6:00 pm, as scheduled! Monday through Friday only.  10. No outside loudspeakers shall be allowed.  11.No temporary banners, streamers or roping decorated with flags, tinsel, or other similar material shall be displayed, hung, or strung on the site. No decorative balloons or hot-air balloons shall be displayed on the site. Temporary tents and canopies may be permitted with 12.Any fencing along Harbins Road shall be wrought-iron style with stacked stone or brick columns spaced every 30 feet or white decorative vinyl and/or steel as shown in Exhibit A. Fencing shall not exceed six (6) feet in height. A fence plan shall be subject to review and 13.A Any interior fencing shall be of decorative iron, painted/stained wood slat, a similar vinyl 14. Any garbage, litter, or construction debris must be removed from the site prior to the 15.All drive and/or parking areas shall be paved with either concrete or asphalt, prior toi issuance ofan Occupational Tax Certificate for thej property. Parking requirements will adhere to Article 16. The property generally shall be developed as approved by the Mayor and City Council. Any substantial deviation from the approved conditions of zoning shall be resubmitted to the City Council for approval. The City Administrator shall determine what constitutes substantial 17.The 50-foot undisturbed buffer may be encroached by a maximum oftwenty (20) feet for the installation of one (1) six (6) foot water feature/fountain, and/or landscape enhancements. A location plan for the water feature/fountain shall be submitted to the City for approval. The existing trees with a 2-inch dbh or greater will not be disturbed for the construction of said  ana approved temporary use permit.  approval by the City ofl Dacula.  material, or a black chain link fence not to exceed six (6) feet in height.  issuance ofa a certificate ofoccupancy for the site. Xofthe Zoning Resolution oft the City ofl Dacula.  deviation.  water teature/fountain, or landscape enhancements.  11.PUBLIC HEARING: 2024-CD-COC-U2, Applicant: WREG Harbins, LLC, Owner: WREG Harbins, LLC requests changes to 2020-CD-RZ-03 condition(s). The property is located in  Land Lot 300 of the 5th District and contains 1.22 acres more or less.  Motion to open the public hearing made by Councilmember Spain, Seconded by Councimember Voting Yea: Councilmember Williams, Councilmember Spain, Councimember Mitchell  Williams.  City of Dacula - Meeting Minutes March' 7, 2024 - Page4of8    City Planner, Hayes Taylor, presented the staff case report for the change of conditions application. The applicant hasi requested changes tot the 2020-CD-RZ-03 condition(s) tos allow forar restaurant with al limited drive-thru window. Mr. Taylor stated staffi recommend denial of the change of conditions application. Applicant Representative, Robbie Swan, 2206 Drew Valley Road, Atlanta, GA 30319, stated that the original intent ofthe rezoning conditions was to limit the number of fast-food restaurants with drive-thru windows and as the master developers they want to keep the original intent. The goal is to have a' "pick- up window" that is specific to Chipotle and for their use to operate more efficiently. Mr. Swan added that all orders would be made in advance to mitigate the number of cars going through the drive-thru. Councilmember Mitchell expressed concern about citizens thinking that the lane is a drive-thru and Robbie Swan stated he was not sure what the ordinance would say about putting up signage. City Administrator, Brittni Nix, stated that the ordinance would permit signage to be puti in place. Robbie Swan said that they would need to confirm with the tenant if the requested informational signage Councilmember Mitchell inquired if Chipotle has this type of model at other locations where they have a  inquired ifthere would be signage informing people not to drive through.  iss something they have done before and would be acceptable.  pick-up window.  Robbie Swan stated that all oft their new locations have the pick-up window.  Councilmember Mitchell expressed that her biggest concern is the traffic and getting in and out of the Robbie Swan indicated that the intent oft the pick-up windowi is not to encourage vehicular traffic but ist to Councilmember Mitchell then inquired about ift the food delivery companies would be going through the Robbie Swan replied that it would depend on how the order comes in and what time the order is placed. Councilmember Williams expressed his concern about the traffic and the lane being interpreted as a fast- Robbie Swan acknowledged the traffic concern and added that the applicant was very specific with the  parking lot.  bei more efficient inside to provide better service. pick-up window areai toj pick up to-go orders.  food window.  conditions to help with the traffic and for the use: not to become a fast-food window. Councilmember Mitchell inquired about the Chipotle having two kitchens in the design.  Robbie Swan indicated that from his understanding it would be two different prep areas to increase Councilmember Spain added that he understands Chipotle's request because the Starbucks in the same  efficiency.  development has a pick-up window and is not considered a fast-food restaurant.  City ofI Dacula- - Meeting Minutes March' 7, 2024-1 Page 5of8    Comment inj favor: None  Comment in opposition:  None Williams.  Motion to close the public hearing made by Councilmember Spain, Seconded by Councilmember Voting Yea: Councilmember Williams, Councilmember Spain, Councilmember Mitchell  12. Change of Conditions Application: 2V24-CD-COC-UL, Applicant: WREG Harbins, LLC, Owner: WREG Harbins, LLC1 requests changes to 2020-CD-RZ-03 condition(s). The property isl located in Land Lot 300 oft the 5th District and contains 1.22 acres more or less.  Motion to deny the change of conditions application made by Councilmember Williams, Seconded by Councilmember Mitchell said that she would like to see the applicant come back with a plan to add Ms. Nix explained to facilitate that, the proper motion would be to table the application.  Councilmember Mitchell. signage or other alternatives.  Councimember Mitchell decided to maintain the motion to deny.  Mayor King requested votes in favor of denial. Voting Nay: Councilmember Spain  Voting Yea: Councilmember Williams, Councilmember Mitchell  13.PUBLIC HEARING: 2024-CD-SUP-01, Applicant: Barbara Quartey-Papafio, Owner: Rodriguez Ventura Jesus Edith requests a special use permit to allow for a day-care facility and associated facility use. The property is located in Land Lot 302A of the 5th District and contains 0.26 acres more or less. (Applicant has withdrawn their application)  Applicant withdrew their application. There is noi needj for items 13 and. 14.  14. Special Use Permit Application: 2024-CD-SUP-01, Applicant: Barbara Quartey-Papafio, Owner: Rodriguez Ventura Jesus Edith requests a special use permit to allow for a day-care facility and associated facility use. The property is located in Land Lot 302A ofthe 5th District and contains 0.26 acres more or less. (Applicant has withdrawn their application)  Applicant withdrew their application. There is noi need for items 13 and 14.  15. PUBLIC HEARING: Ordinance to amend. Article IX oft the Zoning Resolution  City of] Dacula- - Meeting Minutes March 7,2 2024 - Page 6 of8    Motion to open the public hearing made by Councimember Spain, Seconded by Councilmember Voting Yea: Councilmember Williams, Councimember Spain, Councilmember Mitchell  Mitchell.  City Planner, Hayes Taylor, stated staffrecommends amending Article IX oft the Zoning Resolution to replace "parking lot" and/or "parking garages" with "parking deck" as an allowable use for clarification  purposes. Comment inj favor: None  Comment in opposition:  None Williams.  Motion to open the public hearing made by Councilmember Spain, Seconded by Councilmember Voting Yea: Councilmember Williams, Councilmember Spain, Councilmember Mitchell  16. Ordinance to amend Article IX oft the Zoning Resolution  Motion to approve the amendment to Article IX: made by Councilmember Spain, Seconded by Voting Yea: Councilmember Williams, Councilmember Spain, Councilmember Mitchell  Councilmember. Mitchell. VII. STAPPCOMMENIS:  None  VII. MAYOR AND COUNCIL COMMENTIS):  Councilmember Mitchell thanked the young members oft the audience for their attendance and encouraged them toi invite their friends. Councilmember Mitchell added that at the local level you can learn the: most  about your representation and how it affects you directly.  IX. PUELICCOMMENTS:  Jimmy Phan, 1404 Filigree Place, Dacula, GA 30019, discussed the Gwinnet County's Unified Plan to address the future challenges that come with increase in population growth. To help with dependency on vehicles, Mr. Phan suggested implementing a "Ride to 5" program that allows students to be picked up from a specified location within a 5-minute walk of their school. He also suggested adding a bike/skate Mayor King asked if Mr. Phan could provide more information about the "Ride to 5" program after the Tuwandal Rush Williams, 2461 Tack Hill Court, Dacula, GA 30019, introduced herself and stated that she  park tol Dacula Park and/or Rabbit Hill Park.  meeting.  isrunning for Gwinnett County Superior Court Judge.  City of] Dacula- - Meeting Minutes March 7, 2024 - Page7of8    Leroy Ranel, 991 Wisteria View Court, Dacula, GA 30019, stated that he is running for Gwinnett County  School Board District1.  X.  EXECUTIVE, SESSION: Personnel, real property, and legal matters  Motion to exit regular session and enter into executive session made by Councilmember Williams, Voting Yea: Councimember Williams, Councilmember Spain, Councilmember Mitchell  Seconded by Councilmember Spain.  Regular session adjourned and executive session began for the purposes of personnel and real property Motion to exit executive session and reconvene regular session made by Councilmember Spain, Voting Yea: Councilmember Williams, Councilmember Spain, Councilmember Mitchell  matters at 7:43 p.m.  Seconded by Councimember Williams. Regular session reconvened at 8:07 p.m.  City Administrator, Brittni Nix, reported no votes were taken in executive session. The Council met to  discuss personnel and real property matters as allowed by the Open Meetings Act.  XI. ADJOURNMENT:  Motion to adjourn made by Councilmember Spain, Seconded by Councilmember Mitchell. Voting Yea: Councilmember Williams, Councilmember Spain, Councilmember Mitchell  Meeting adjourned at 8:07 p.m.  Minutes approved  April 4,2024 Date  -laushe Mahady  City of Dacula - Meeting Minutes March 7,2024- - Page8of8