Doraville Diversity, Vitality, Community City Council Regular Meeting Monday, February 13, 2023 Meeting Minutes City Hall Council Chambers 3725 Park Avenue Doraville, Georgia 30340 Prepared by: Emmie Niethammer 6p.m. I. CALL TO ORDER Mayor Joseph Geierman called the meeting to order. II. ROLL CALL Mayor Jospeh Geierman, Council Members Gerald Evans, Andy Yeoman, Warren Simmons, Stephe Koontz, and Maria T. Alexander were present. Council Member Henshaw was present via Zoom. III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MEETING. AGENDA Member Evans, to approve the agenda. The motion passed unanimously (6-0). Council Member Alexander made a motion, a second was made by Council AYES/ YES: Evans, Yeoman, Simmons, Koontz, Alexander, and Henshaw NAYS/ NO: None ABSTAIN: None V. PROCLAMATIONS AND RECOGNITIONS-None VI. PUBLIC COMMENT The Mayor opened the Public Comment. Susan Crawford, resident, commended the consideration oft the recension oft the Conditional Dan Crawford, the Conditional Use Permit. He also commented about the large buses, tractor trailer, and 5th wheel vehicles on Oakcliff. He also commented that Oakcliff trash pick up is not happening and wanted to know ifrecycling program was still an option in the city. Use Permit. VII. CONSENT AGENDA: - APPROVAL OF MINUTES-None VIII. REPORTS AND PRESENTATIONS-None IX. UNFINISHED BUSINESS 1.Z-22-07- - Amendment to Chapter 23 (Zoning Ordinance) of the City of Doraville and maps established in connection therewith to rescind Conditional Use Permit CUP-21- 01 granted for a sauna and spa establishment at 5979 Buford Highway. (Second Naomi Siodmok, Director ofPlanning and Community Development, provided an update that the attorneys for both the city and the attorney for the business located at 5979 Buford The City Attorney provided an overview of new conditions that both attorneys agree. The need for a 24-hour operation was an item the attorneys could not come to an agreement. The attorney for the location presented some needs regarding the business. The attorneys are still looking at aj potential settlement agreement with the conditions. The City Attorney and Applicant answered questions from the Mayor and City Council. Council Member Koontz made ai motion, a second was made by Council Member Yeoman, to defer this item to the next Zoning Meeting, to agree in principal to the conditions laid out to be added to the conditional use permit (CUP), to lift the stop work order until the conditions are finalized, we agree inj principle to work out an agreement on the OTC issue with aj probationary period of one year, and we will vote at the next zoning Read) Highway. meeting to finalize all ofti this. The motion carried unanimously (6-0) AYES/YES: Evans, Yeoman, Simmons, Koontz, Alexander, and Henshaw NAYS/NO: None ABSTAIN: None 2. A-22-14-4 A request for variance from Sec. 5-70 of Chapter 5 (Building Regulations) of the Code of Ordinances to permit a driveway wider than the maximum permitted width of twenty-four feet for property located at 3328 Oakcliff Road. (Second Read) Naomi Siodmok, Director of] Planning and Community Development Director, covered the background for this item and the recommendations oft the Planning Commission and the Council Member Koontz made a motion, a second was made by Council Member staff. Alexander, to deny the variance request. The motion carried (4-2). AYES/YES: Evans, Alexander, Koontz, and Henshaw NAYS/NO: Yeoman and Simmons ABSTAIN: None 3. A-22-27 - Amendment to Chapter 23 (Zoning Ordinance) to create a consistent Naomi Siodmok, Director of Planning and Community Development, covered the design standard for building additions. (Second Read) 2 background, proposed amendments since the first read and the recommendation of the The staff answered questions from the City Council regarding the ordinance and proposed Council Member Alexander made a motion, a second was made by Council Member Planning Commission and the staff. changes. Koontz, to approve the A-22-27. The motion carried unanimously (6-0) AYES/YES: Evans, Yeoman, Simmons, Alexander, Koontz, and Henshaw NAYS/NO: None ABSTAIN: None 4. A-23-01 - Amendment to Chapter 23 (Zoning Ordinance) to require substantial conformance to site plans and other regulating plans submitted to the City as part of applications for rezonings, zoning amendments, conditional use permits, and variances without the need for an explicit condition from the City Council. (Second Naomi Siodmok, Director of Planning and Community Development, covered the background, proposed amendments, and the recommendations oft the Planning The Director and City Attorney answered questions of the City Council. Council Member Alexander made a motion, a second was made by Council Member Read) Commission and Staff. Evans, to approve the changes covered under A-23-01. The motion carried unanimously (6-0) AYES/YES: Evans, Yeoman, Simmons, Alexander, Koontz, and Henshaw NAYS/NO: None ABSTAIN: None 5.A-23-02- Amendment to the Sections 5-270 and 5-273 (Tree Ordinance) in Chapter 5 (Building Regulations) to exempt certain site development activities from the requirements of the Tree Ordinance, to amend the amount of coverage required for parking lot landscape islands, and for other purposes (Second Read) Naomi Siodmok, Director of] Planning and Community Development, stated this is a second reading. Shej provided the background and feedback regarding questions asked during the first read, and recommendation of the Planning Commission and Staff. Council Member Alexander made a motion, Council Member Simmons seconded, to approve the changes to the code covered under A-23-02. 3 The motion carried unanimously (6-0) AYES/YES: Evans, Yeoman, Simmons, Koontz, Alexander, and Henshaw NAYS/NO: None ABSTAIN: None X. NEW BUSINESS 1.V-22-12-A1 request for variance from Sec. 5-70 of Chapter 5 (Building Regulations) oft the Code of Ordinances to permit a driveway with two curb cuts for the property Naomi Siodmok, Director ofPlanning and Community Development, presented the variance request, the background, site plan, photos, and recommendations oft the Planning located at 3368 Pin Oak Circle (First Read) (Public Hearing) Commission and Staff. The Mayor opened the public hearing. Susan Crawford spoke in favor oft the variance: request. No one spoke in opposition ofthe variance request. The Mayor closed the public hearing. The City Council provided feedback and asked questions of the staff. read with the correction that the address is 33861 Pin Oak Circle. Council Member Koontz made ai motion, Council Member seconded to waive the first The motion passed unanimously (6-0). AYES/YES: Evans, Yeoman, Simmons, Alexander, Koontz, and Henshaw NAYS/NO: None ABSTAIN: None Council Member Alexander made ai motion, a second was made by Council Member Evans, to approve V-22-12 toj permit a driveway with two curb cuts for the property located at 3386 Pin Oak Circle. The motion carried unanimously (6-0) AYES/YES: Evans, Yeoman, Simmons, Alexander, Koontz, and Henshaw NAYS/NO: None ABSTAIN: None 2. CUP-23-02- - Request for a Conditional Use Permit (CUP) for a commercial prep kitchen for an existing restaurant at the property located at 5859 New Peachtree Naomi Siodmok, Director of] Planning and Community Development, provided the background, number of employees, hours of operation, manner of operation, site plan, arial, floor plans, photos, and the recommendations from the Planning Commission and Road, Suite 119 (First Read) (Public Hearing) 4 staff for a CUP at 5859 New Peachtree Road. The Mayor closed the public hearing. The Mayor opened the public hearing. No one spoke in favor or opposition of this item. The City Council discussed and asked questions ofs staff and the applicant. Council Member Koontz made ai motion, a second was made by Council Member Yeoman to waive the first reading for A-23-06. The motion carried unanimously (6-0) AYES/YES: Evans, Yeoman, Simmons, Koontz, Alexander, and Henshaw NAYS/NO: None ABSTAIN: None Council Member Yeoman made a motion, a second was made by Council Member Koontz, to approve CUP-23-02 which is a conditional use permit for a commercial prep kitchen for an existing restaurant at the property located at 5859 New Peachtree Road, Suite 119. The motion carried unanimously (6-0) AYES/YES: Evans, Yeoman, Simmons, Koontz, Alexander, and Henshaw NAYS/NO: None ABSTAIN: None 3.A-23-03 = Amendment to Chapter 4 (Animals) and Chapter 23 (Zoning Ordinance) ofthe Code of Ordinances in order to create a combined use table for all zoning districts within the City of Doraville, to consolidate additional standards and Naomi Siodmok, Director of Planning and Community Development, presented the request, reviewed the timeline, what happened to the existing uses, a sample oft the use table and examples of additional restrictions and use: requirements, new sections added, sections that were amended due to the consolidation and the recommendations from the The Mayor opened the public hearing. No one spoke in favor or opposition of this item. requirements. (First Read) (Public Hearing) Planning Commission and Staff. The Mayor closed the public hearing. This will come back to the next meeting. XI. OTHER BUSINESS 1.M1 Motel Reuse Discussion Naomi Siodmok, Director of] Planning and Community Development, opened the 5 discussion with an opportunity and the concerns ofs staff. The Mayor and City Council provided feedback and asked questions. XII. COUNCIL COMMENTS There were: no Council Comments this evening. Council Member Alexander made a motion, Council Member Koontz seconded, to go into executive session for land, legal and personnel matters. The motion carried unanimously (6-0) AYES/YES: Evans, Yeoman, Simmons, Koontz, Alexander, and Henshaw NAYS/NO: None ABSTAIN: None XIII. EXECUTIVE SESSION - None The recording did not resume after the Executive Session. The Council exited executive session by consent. XIV. ADJOURNMENT The City Council adjourned the meeting by consent. Approved: Joseph AalWy Attest: BR City Clerk