THECITYOF  Doraville  Diversity. Vitality. Commanity City Council Zoning Meeting  Monday, September 18, 2023 City Hall Council Chambers 3725 Park Avenue Doraville, Georgia 30340  Meeting Minutes 6:00 p.m.  Shanta J. Bingham City Clerk  I.  CALLTOORDER  Mayor. Joseph Geierman called the meeting to order. All members were present. Council Members Gerald Evans, Andy Yeoman, Christopher Henshaw, Maria  II. ROLLCALL  Alexander, Warren Simmons, and Stephe Koontz were present.  III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MEETINGAGENDA  There was a motion to approve the September 18, 2023 meeting agenda as presented.  MOTION: Council Member Alexander SECOND: Council Member Henshaw  AYES: Council Members Alexander, Evans, Henshaw, Koontz, Simmons, and Yeoman  NAYS: none ABSTAIN: none  V. PROCLAMATIONS AND RECOGINITIONS None  VI. PUBLICCOMMENT Public Comment allows the City Council the opportunity tol listen  to the public (3 minutes per speaker)  Tim Snyder, North Woods Addressed Council regarding his support oft the proposed accessory structure/tree house. Ask that the Council support the Variance as presented. Peggy Riley, Allison Drive. Expressed support ofi item V-23-12, treel house. mentioned that the Elections should have been on the City's website.  Tom Hart, Gordon Heights, spoke to the approval of six months of meeting minutes and  VII. CONSENT AGENDA: - APPROVAL OF MINUTES (A-H)- Approval of Minutes- August 30, 2023- June 20, 2023  Council Member Alexander made a motion, a second was made by Council Member Koontz to approval meeting minutes from August 30, 2023 to June 20,2023    AYES: Council Members Alexander, Evans, Henshaw, Koontz, Simmons, and Yeoman  NAYS: none ABSTAIN: none  I.  APPROVAL OF MINUTES2021-2022  City Council Meeting Minutes from A-Y (2021- December 13, November 17, November 15, November 8, OAar,CtkrQu2, January 10, January 12, January 19,February! 9, February 14, February 16, March 7, March 9, April 18, April 20, May 11, May 16, May 18, May 25, June 9, Council Member Koontzi made a motion, as second was made by Council Member Alexander to approve  June 16-1lam, June 16-6pm, June 16-6:30 pm, June 29) minutes from A-Y (December 13, 2021 to June 29, 2022) AYES: Council Members Alexander, Evans, Henshaw, Koontz  NAYS: Council Member Yeoman ABSTAIN: Council Member Simmons REPORTS AND PRESENTATIONS-TOne  II.  III. UNFINISHED BUSINESS  A. CUP- 23-04 - Conditional Use Permit for a group home in the T-6 zoning  district.  Community Development Director Shelton gave an overview of the request; the property owner is requesting a Conditional Use Permit to house pregnant women or women that have recently given birth for eight (8) families at a time. The owner sent a virtual video ofa walkthrough. Both the Planning Commission and Staff recommend approval with conditions. The conditions are as 1. The facility and all employees shall be appropriately licensed and regulated as required by the 2. At least one (1) employee shall be located on site at all times that the facility is operating 3. The facility shall be limited to the scope of operations and clientele outlined in the letter ofintent  follows: State of Georgia  submitted by the City of Doraville dated July 7,2 2023. Public Comment on CUP-23-04- none  Council held discussion on the request and expressed concerns with safety, removal of remnants ofthe gravel driveway, actual floorp plan the application and requested that changes bei madel before Council Member Koontz: made ai motion to approve CUP-23-04 specifying that this is the property on the corner of Stewart Road and Church Drive (front building), removing any additional  Council approval.  remnants oft the gravel driveway, seconded by Council Member Yeoman. Ayes/Yes: Council members Yeoman, Simmons, Koontz and! Mayor Geierman  Nays/No: Council Members Alexander, Evans, Henshaw  Abstain-none    Nays/No: Council Members Alexander, Evans, Henshaw  Abstain-none IV. NEW: BUSINESS  A. V-23-12- Variance from Sec.23-601 to allow an accessory structure in the front yard  setback. (Public Hearing)  Community Development Director Shelton presented the Variance Request.  The public hearing was open for public comments. The following spokei in favor ofV-23-12  - Peggy Riley, Allison Drive- expressed support for the Variance -Sally Powell, Allison Drive, supports the Variance  -Tim Snyder-Northwoods spoke in favor support for Variance, believes that it enhances -Tom Hart, Gordon Heights, addressed the lack ofal Building Official/inhouse staff.  Opposition- none  Public Comment was closed and Council moved into discussion.  Council entered executive discussion. Council had questions on interior photos, questions about the affidavit, if the final structure will match the color of the house, and if the  structure would bei inspected.  Council Member Koontzi made ai motion to waive first read, Seconded by Council Member Council Member Koontz made a motion to approve Variance 23-12 with the condition finishing the appearance that matches the house that is approved by the Planning Department, seconded by Council Member Evans. (Motion passes 6-0) AYES/YES: Evans, Simmons, Yeoman, Henshaw, Koontz, Alexander  Evans.  NAYS/NO: none ABSTAIN: none  Council Member Yeoman amended the primary motion to remove the condition regarding paint colors, seconded by Council Member Simmons.(Motion fails 4-2) AYES/YES: Council Member Evans, Simmons, Yeoman, Alexander  NAYS/NO: Council Member Henshaw. Koontz  ABSTAIN: none  B. CUP-23-05 - Request for a Conditional Use Permit (CUP) for an accessory alcohol license for a billiards parlor for the property located at 5090 Buford Highway, Suite 201, in the Intown Plaza shopping center. (First Read) (Public Hearing)    Community Development Director Shelton provided a summary of the Conditional Use Permit: for thoseinattendance. Thei recommendation: ofstaffand the Planning Commission was to decline the application for the Conditional Use Permit. Council members were given an opportunity to make statements and ask questions. Thei responses were incorporated andi requested changes fori the Second Mayor Geierman asked staff for clarification regarding questions from the  Reading.  Planning Commission.  The public hearing was open for public comments. the incorrect plans were submitted to the City.  Charlene Fang addressed the Council regarding the license and discussed that  Public Comment was closed and Council moved into discussion.  Council addressed the applicant and requested that the Applicant address concerns with the Council Member Yeoman asked Director Shelton for the background on the application. The applicant, via interrupter addressed the Council and discussed that after meeting with the Director, the first plan was approved by City Government and mentioned that the plans were: not correct. The applicant requested more time to bring back the corrected plans for Council Member Koontz mentioned that there is a language barrier in the City, Council Member Evans excited to see what the revised plans will look like and requested that the applicant serve beer and wine only, Council Member Henshaw asked Director Shelton, council Member advises the applicant to provide new drawings, no bar, hours of operation, Council provided feedback and concerns with the application and requested that the This is the 1$Reading, and this item will be read again at the meeting on October 16, 2023. A-23-10-A Amendment to Sec. 23-703 regarding fence height in residential Community Development Director Shelton provided a summary of the amendment to Section 23-703 for those in attendance. The following text amendment changes were made; permits greater in fence height must have Director approval, walls were added to section, language regarding barbed wire and electric fences were permitted was added to included razor wire. The public hearing was open for public comments.  license.  approval.  understand the licensing requirement, alcohol permit.  applicant make the necessary changes by the next Council meeting.  areas. (Public Hearing)  There was no public comment    Opposition to the Amendment fencel height as proposed.  Mr. Tim Snyder, Northwoods, addressed the Council regarding opposition to the Council members were given an opportunity to make statements and ask questions. The Mayor mentioned that thei item will come back to thei next meeting D. A-23-09-E Proposed Amendments to Sec. 14-11 regarding billboard height. Community Development Director Shelton provided a summary oft the billboard  in October for continued discussion.  height.  Council provided feedback and concerns regarding the item.  Council Member Koontz made a motion, Council Member Evans seconded, to waive first reading of the Proposed Amendments to Sec. 14-11 regarding AYES/YES: Evans, Simmons, Yeoman, Henshaw, Koontz, Alexander  billboard heights. NAYS/NO: none ABSTAIN: none  Council Member Koontz made a motion, seconded Evans to approve A-23-09- Proposed Amendments to Sec. 14-11 regarding billboard height. (Motion Carried AYES/YES: Council Members Evans, Simmons, Yeoman, Henshaw and Koontz  6-0)  NAYS/NO: Council Member Alexander  ABSTAIN: NO  E. Application for City of Doraville Committee. Appointments City Manager Chris Eldridge reported that two applicants were received for the Doraville District Authority (DDA). One applicant isn'tal business owner in the City. Mentioned that ifthe Council could find another applicant to fill the vacancy by the September 20, 2023  Council Meeting.  V. OTHER BUSINESS VI. COUNCIL COMMENTS- None VII. EXECUTIVESESSION  Council Member Alexander motioned, seconded by Council Member Evans to goi into an Executive AYES/YES: Council Member Evans, Simmons, Yeoman, Alexander, Koontz,  session to discuss Land, Legal or Personnel Matters at 7:41pm  Henshaw NAYS/No: none    ABSTAINED: NONE  VIII. ADJOURNMENT  Council Member Alexander motioned, seconded by Council Member Evans to end the Executive session to discuss Land, Legal or Personnel Matters at 9:00 pm. (Motion Carried 6-0) AYES/YES: Council Member Evans, Simmons, Yeoman, Alexander, Koontz, and  Henshaw NAYS/NO: ABSTAIN:  Approved:  Joseph Geierman, Mayor 1  Attest:  Shanta. J.) 26  CMC, City Clerk  GEO