HE  Doraville  Diversity. Aitality. Community City Council Meeting  Wednesday, January 12, 2022 City Hall Council Chambers 3725 Park Avenue Doraville, Georgia 30340  Meeting Minutes 6:30 p.m.  Arika Birdsong-Miller City Clerk  I.  CALLTOORDER  Mayor. Joseph Geierman called the meeting to order,  II. ROLL CALL  Council Members Gerald Evans, Andy Yeoman, Rebekah Cohen Morris, Christopher  Henshaw, Maria T. Alexander and Stephe Koontz were present.  III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF MEETINGAGENDA  Council Member Alexander made a motion to approve the meeting agenda as presented. Council Member Koontz seconded the motion. The motion carried by AYES/S YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  unanimous vote (6-0). NAYS/NO: ABSTAIN:  V. PROCLAMATIONS ANDI RECOGNITIONS None  VI.  PUBLIC COMMENT  1. Bob Dallas, Representative for Tom Owens at 2677 Beacon Drive, stated that his clients fully  support the approval of the mosque agenda item.  VII. CONSENT AGENDA - APPROVAL OFI MINUTES  1. Mayor Pro Tem  Council Member Koontz made a motion to approve the consent agenda as presented. Council Member Alexander seconded the motion. The motion carried by unanimous AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  vote (6-0). NAYS/NO: ABSTAIN:  VIII. REPORTS AND PRESENTATIONS- None IX. UNFINISHED BUSINESS    1.Z-21-17- City-initiated rezoning of various] properties on Peachtree Industrial Boulevard and Senior Planner Austin Shelton explained that the City ofI Doraville seeks to rezone properties on Peachtree Industrial Boulevard and Winters Chapel Roadi in order to support the zoning and land uses recommended in the 2017-2037 Doraville Comprehensive Plan. Properties are proposed to be rezoned from C-1 (Neighborhood Commercial), C-2 (General Business), and 0-(Ofticeinstinutiona) to T-5 (Urban Center). Planner Shelton stated that the Planning Commission recommended approval and staffi recommended approval with the condition for parcels identified on the attached map as 1,2,4, and 9,a40' planted buffer meeting the standards in Sec. 23-1103-1104 shall be maintained adjacent Council Member Evans made ai motion to approve Z-21-17 with the conditions proposed by staff. Council Member Cohen Morris seconded the motion. The motion carried by unanimous vote (6-0).  Winters Chapel Road from C-1, C-2, and O-I to T-5 (Second Read)  top properties zoned for single-family residential.  AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  NAYS/NO: ABSTAIN:  2.A-21-32- - Amend the. Alcohol and Zoning Ordinance to permit alcohol sales and Senior Planner Austin Shelton proposed at text amendment to add and regulate alcohol sales and on-premises consumption as an accessory use. Planner Shelton stated that the current alcohol ordinance requires a full-service! kitchen, and that food sales make up the majority (60%) or revenue for all establishments wishing to serve alcohol. Council Member Koontz made ai motion to approve A-21-32 Legislation as proposed in Option 1 including the additions set forth on this exhibit and sexually oriented businesses are excluded. Council Member Alexander seconded the motion. The motion AYES/YES: Evans, Yeoman, Cohen Morris, Alexander, Henshaw and Koontz  consumption as an accessory use. (Second Read)  carried by unanimous vote (6-0).  NAYS/NO: ABSTAIN: X. NEW BUSINESS  1. CUP-21-08- - CUP for a billiards parlor in the T-5 at 5805 Buford Highway, Ste 18B Director ofPlanning and Community Development Director Naomi Siodmok explained that the applicant, You Mi Lee, seeks a CUP to operate a billiards parlor greater than 3,000 square feet in the T-5 (Urban Center) zoning district. Director Siodmok stated that this proposal is al billiards parlor, which would occupy suite 18B on the property located at 5805 Buford Highway. The code classifies billiards parlors as a "commercial recreation establishment" which includes a variety oft recreation and entertainment uses whose activities take place indoors. The code permits this use by right up to 3,000 square feet, but requires a CUP for any oft these uses that are larger than that. Planning The Public Hearing was opened for comments to speak in favor or against CUP-21-08.  (First Read) (Public Hearing)  Commission and Staff recommends approval. There were no public comments.  2    Council Member Cohen Morris made a motion to waive First Read. Council Member Henshaw seconded the motion. The motion carried by unanimous vote (6-0). Council Member Cohen Morris made ai motion to approve CUP-21-08 with fence around the residential boarder. Council Member Koontz seconded the motion. The motion AYES/ YES: Evans, Yeoman, Cohen Morris, Henshaw and Koontz  carried by vote (5-1). NAYS/NO: ABSTAIN:  Alexander  2. V-21-18- - Request for variance to allow parking in the first layer at 5702 Buford Highway Council Member Koontz made ai motion to defer this item until the February 14th Council Meeting sO both variance for this property can bel heard together. Council Member Alexander seconded the AYES/ YES: Evans, Yeoman, Cohen Morris, Henshaw, Alexander and Koontz  (First Read) (Public Hearing)  motion. The motion carried by unanimous vote (6-0).  NAYS/NO: - ABSTAIN:  3.Z-21-12- Amend the Livable Community Code to create a new Special District, SD-3 Director of] Planning and Community Development Naomi Siodmok explained that the applicant, Jay Gipson oft the Gipson Company, is seeking to amend the Livable Community Code (LCC) to create a new Special District, SD-3, and associated Special Area Plan (SAP). The applicant seeks to rezone to SD-3, which is an amalgamation of the uses permitted in what were originally termed T-5, T-5A, and T-6, and is subject to specific requirements outlined in Section 23-2065, which supplements and The Public Hearing was opened for comments to speak in favor or against Z-21-12. 1.Carl Westmore, 3343 Peachtree Road, worked through all procedures. 2.Julie Sellers, Dillard Sellers AHS, is neutral on this rezoning.  (Assembly). (First Read) (Public Hearing).  supersedes those in Article XX oft the LCC.  Favor:  There were: no comments against Z-21-12.  Council Member Koontz made a motion to waive First Read. Council Member Cohen Morris  seconded the motion. The motion carried by unanimous vote (6-0).  Council Member Koontz made a motion to approve Z-21-12 including the suggested language change provided in the packet. Council Member Alexander seconded the motion. The motion carried by AYES/ YES: Evans, Yeoman, Cohen Morris, Henshaw, Alexander and Koontz  unanimous vote (6-0). NAYS/NO: - ABSTAIN:  4. Z-21-18- City-initiated rezoning of various properties on Peachtree Industrial Boulevard  3    and Peachtree Square from C-2 and M-1 to O-I and O-W. (First Read) (Public Hearing). Senior Planner Shelton explained that this rezoning includes twenty-nine (29) parcels. All subject properties are developed. All properties operate as commercial, warehouse, or office uses, or some combination thereof. The uses contained in these properties are diverse, andi include auto repair, animal boarding, office, grocery stores, and distributionlwarchousing: Planner Shelton further explained that the subject properties are. located on the north end of the City, fronting Peachtree Industrial Boulevard as well as the small circle street known as. Peachtree Square. They are located in Land Lots 341 and 341, in the 18th Districts ofDeKalb County. They are also located inl Doraville City Council District 1. Planning Commission and Staffi recommended approval. The Public Hearing was opened for comments to speak ini favor or against Z-21-18.  There were: no public comments. The First Read for Z-21-18 was held.  5.Z-21-19- - City-initiated rezoning of various properties on Tilly Mill Road and Peachtree Industrial Boulevard from C-1 and C-2t to' T-5. (First Read) (Public Hearing) Senior Planner Austin Shelton stated the City ofl Doraville seeks to rezone properties on Peachtree Industrial Boulevard and Tilly Mill Road in order to support the zoning and land uses recommended in the 2022-2 2042 Doraville Comprehensive Plan. Properties are proposed to be rezoned from C-1 (Neighborhood Commercial) and C-2 (General Business) to T-5 (Urban Center). Planner Shelton explained that this rezoning includes eight (8) parcels. All subject properties are developed. All properties operate as commercial, retail, or office uses, or some combination thereof. The Public Hearing was opened for comments to speak in favor or against Z-21-19.  There were no public comments. The First Read for Z-21-19 was held.  6. Z-22-02- - City-initiated rezoning of3763 Longmire Way from M-1 to T-5-C. (First Read) Director of] Planning and Community Development Naomi Siodmok explained that in. July 2021, this property was rezoned from T-5 to M-1 with conditions by the property owner, Brad Hamner, in order to locate his landscaping company on the site. It had previously been rezoned in November. 2020: from C-2 (General Business) to T-5 as part ofa series of City-initiated zoning actions seeking to bring the zoning map in line with the Future Development Map in the Comprehensive Plan. Planning Commission and Staffrecommended approval with the following conditions: 1. The applicant shall construct a sidewalk as shown in the approved site plan a minimum of5' wide and including a1 tree planting/street frontage. zone located adjacent to the back oft the curb. 2. The current tenant/owner will, within reason, be permitted to make improvements to thel building or site that may otherwise not bei in keeping with the requirements oft the' T-5 zoning district, subject to  (Public Hearing)  approval by the Director of] Planning and Community Development.  The Public Hearing was opened for comments to speak in favor or against Z-22-02.  There were no public comments.  Council Member Koontz: made a motion to waive First Read. Council Member Henshaw seconded the  4    motion. The motion carried by unanimous vote (6-0).  Council Member Cohen Morris made ai motion to approve. Z-22-02 with the conditions outlined ini the packet. Council Member Alexander seconded the motion. The motion carried by unanimous vote (6-  0).  AYES/ YES: Evans, Yeoman, Cohen Morris, Henshaw, Alexander and Koontz  NAYS/NO: - ABSTAIN:  7.A-21-33- - Amend the Code of Ordinance to require native tree and plant species in new Senior Planner Austin Shelton explained that this is a series of text amendments with at twofold 1.F Require native tree and plant species to bej planted as part ofl land development and other 2. Prohibit non-native invasive species from being planted as part oflandscaping and development, Planner Shelton stated that these prohibitions are only applicable to activities that require Land Disturbance Permits (LDPs), landscape plans, ort tree protection/replacement plans. These sections will not be applicable toi individual, single and two-family residential properties. The Public Hearing was opened for comments to speak in favor or against A-21-33.  development. (First Read) (Public Hearing).  objective: construction activities.  whether by the City or private developers.  There were: no public comments.  Council Member Koontz made a motion to waive First Read. Council Member Cohen seconded the Council Member Koontz made a motion to approve A-21-33 as presented. Council Member Alexander seconded the motion. The motion carried by unanimous vote (6-0). AYES/ YES: Evans, Yeoman, Cohen Morris, Henshaw, Alexander and Koontz  motion. The motion carried by unanimous vote (6-0).  NAYS/NO: - ABSTAIN:  8. A-21-34- Amend the Code of Ordinances to regulate medical cannabis dispensaries. (First Director of Planning and Community Development Naomi Siodmok explained that after comments received at Council Work Session staffi is proposing the following text amendments:  Read) (Public Hearing)  I Medical marijuana dispensaries would be added as ai new use. - The use would require a CUP in' T-5,T-6, and O-I.  The number oflicenses would be limited, and tied to the population oft the city, similar to massage  parlors.  The Public Hearing was opened for comments to speak in favor or against A-21-33.  There were no public comments.  Council Member Cohen Morris made ai motion to waive First Read. Council Member Koontz  seconded the motion. The motion carried by unanimous vote (6-0).  5    Council Member. Alexander made a motion to approve A-21-34 allowing two (2) per 10,000 population. Council Member Koontz seconded the motion. The motion carried by vote (5-1).  AYES/ YES: Evans, Cohen Morris, Henshaw, Alexander and Koontz  NAYS/NO: Yeoman ABSTAIN:  XI. OTHER BUSINESS -None XII. COUNCILCOMMENTS  Council Member Cohen Morris encouraged everyone to find aj place to serve the community  for upcoming Martin Luther King Jr. Day.  Council Member Alexander encouraged everyone to wear your mask. Council Member Henshaw wished Council Member Evans happy birthday. Council Member Evans congratulated Mayor Pro Tem Cohen Morris on her appointment. Council Member Koontz thanked residents for being patient with trash service. Mayor Geierman thanked Council Member Alexander for serving for the last year as Mayor Pro Tem and the newly appointed Mayor Pro Tem Cohen Morris for agreeing to serve.  XIII. EXECUTIVE SESSION- None XIV. ADJOURNMENT  Council Member Henshaw made a motion to adjourn the City Council meeting. Council Member Alexander seconded the motion. The motion carried unanimously (6-0). AYES/YES:- Yeoman, Cohen Morris, Evans, Alexander, Henshaw and Koontz  NAYS/NO: - ABSTAIN:  There being no further business to come before City Council, the meeting adjourned.  Approved: Joseph  Mayor    City Clerk  Rk  6