Nancy Harris, Mayor Billy Jones, Post 3 Marsha Anderson ... · 6/22/2020 · has prepared an...

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

AGENDA SPECIAL CALLED MEETING

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

JUNE 22, 2020 RED CLAY THEATRE 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 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) 2. UPCOMING EVENTS

Due to the COVID-19 outbreak, all City of Duluth events through July 10 are either postponed or cancelled. Please visit www.duluthga.net/events for information. II. CONSENT AGENDA

1. APPROVAL OF MAY 6, 7 BUDGET NOTES & JUNE 8 MINUTES

http://www.duluthga.net/events

M&C Special Called Agenda June 22, 2020

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2. ORDINANCE TO APPOINT URBAN REDEVELOPMENT AGENCY

Urban Redevelopment Agency (URA) board member Amy Fuchs resigned due to moving outside city limits. The URA Chair and the City Clerk conducted interviews with several very good candidates who submitted interest in serving. Each candidate was provided with a copy of the City's Vision Statement as well as information regarding the history and purpose of the URA. Discussion held with each candidate on their talents, strengths and thoughts on the vision and standards of the City, whether the meeting dates and times would be a deterrent, and specifically what motivated them to consider volunteering to serve on the URA. Based on a careful review following each interview, the URA voted to recommend Fred Butler to fill the unexpired term of Amy Fuchs. Approval of this item approves O2020-14 for said appointment, appointing Fred Butler to fill the unexpired term of Amy Fuchs expiring March 31, 2022.

3. APPROVAL OF AGREEMENT - GREAT LITTLE MINDS BOOK EXCHANGE Gwinnett Reading Exchange & Art Transforms (G.R.E.A.T.) Little Minds, a Gwinnett Coalition of Health and Human services program, is a public art and public awareness campaign designed to inspire the love of reading, provide access to early learning children's books in areas where books are scarce, and encourage appreciation for public art in Gwinnett. Its primary role is to care for the book exchange so that it becomes and continues a long life as a vital, engaging resource for the neighborhood or community. Approval of this agreement grants use of property located at Bunten Road Park and W. P. Jones Park for the installation of two book exchanges.

4. APPROVAL OF 2014 SPLOST IGA AMENDMENT Council would like to fund the Main Street Enhanced Sidewalk Project using funds left over in the 2014 SPLOST Intergovernmental Agreement (IGA) with Gwinnett County. The County has prepared an amendment (Amendment #2) to the 2014 SPLOST IGA, adding the Main Street Enhanced Sidewalk project to the list, thereby allowing the expenditures to be made on this project using that budget. Approval of this item approves 2014 SPLOST IGA Amendment #2 and authorizes the Mayor to execute said document. Once executed by the Mayor, the County will add this item to their Commission Agenda for approval. The overall 2014 and 2017 SPLOST IGA budgets will not change as a result of this amendment. III. PUBLIC HEARINGS

1. ORDINANCE OF REZONING MODIFICATION – CASE Z2020-002 The Mayor and Council to consider a request (Z2020-002) from Influencers USA, Inc., on behalf of the property owner, Paradise Evangelistic Association, Inc., to modify the conditions of zoning on +/- 11.2 acres of property in Land Lot 199 of the 7th District, Gwinnett County, consisting of tax parcels R7199 224. The subject property is currently zoned O-I (Office-Institutional District) and will not change. The proposed modified zoning request is for an


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entitlement to develop the site with a ±74,843 SF building intended to be primarily used as a place of religious assembly and a four-story, ±110,000 SF office building. The Duluth Planning Commission recommended Approval of Case Z2020-002 with Conditions, as presented by staff at the May 18, 2020 public hearing. Staff recommends approval of Case Z2020-002 as shown on the attached ordinance. A detailed staff report, minutes from the Planning Commission and legal advertisement are attached.

2. ORDINANCE TO ADOPT THE FY21 BUDGET Per the State Code of Georgia, the Mayor and Council to hold a public hearing in order to receive public comments on the proposed FY 2021 Annual Operating and Capital Projects Budget. Prior to this Public Hearing, staff and Council reviewed the proposed FY 2021 budget at two Budget Workshops that were conducted virtually. A public hearing was held on June 8th at the Council meeting at the Red Clay Theatre to receive public comments, as duly noticed and open to the public. The City Manager will present the strategic vision statements of the City and the proposed FY 2021 balanced budget. Following the public hearing, an ordinance adopting the FY 2021 budget will be presented for consideration. IV. NEW BUSINESS

1. AUTHORIZATION FOR POWER EASEMENT- GA POWER/6S BREWING

Council to consider authorizing the Mayor and/or City Manager to execute an easement by and between the City of Duluth and Georgia Power. The location of the requested easement is shown on the attached Power Easement exhibit. The easement will allow Georgia Power to provide 6S Brewery with power service through the City's alley (parcel 6293A051). Georgia Power will provide the connection aerially above the existing string lights. Allowing an aerial connection will preserve the decorative stamped concrete in the adjoining patio.

2. AUTHORIZATION FOR PATIO LEASE – 6S BREWING

Council to consider authorizing the Mayor and/or City Manager to execute a Patio Lease by and between the City of Duluth and 6S Brewery. The location of the patio is shown on the attached Patio Lease exhibit. The City will be responsible for removing the existing landscape within the Patio Lease area. 6S Brewery will be responsible for planting and maintaining new landscape, supplying table tops, providing seating and maintaining the patio area. V. MATTERS FROM DEPT HEADS/CITY ATTORNEY VI. MATTERS FROM CITIZENS


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VII. MATTERS FROM COUNCIL VIII. MATTERS FROM CITY MANAGER

IX. ADJOURNMENT The next scheduled meeting of the Mayor and Council is July 13, 2020 at Duluth City Hall Council Chambers, 6:00 p.m.

BUDGET WORK SESSION NOTES MAYOR AND COUNCIL CITY OF DULUTH, GA

May 6, 2020

PRESENT: Mayor Harris, Councilmembers Bomar, Jones, Kelkenberg, and Whitlock, City Manager, Department Directors, City Attorney Mayor Harris called the FY21 Budget work session to order at 5:30PM. I. PRESENTATION/FY21 BUDGET PROJECTIONS Finance Manager, Ken Sakmar presented the proposed FY21 Revenue projections. The Council directives are as follows: Increase Property Tax Projection by $250,000 Increase Mechanical Permits by $1,500 Increase Mixed Drink Excise Tax by $12,000 Increase Alcohol Handling Permits by $3,000 Increase Beer/Wine/Liquor Consumption by $3,000 Increase Beer/Wine Consumption by $4,000 Increase Court Fines by $250,000 Reduce Photo Enforcement by $211,875.00 Reduce Gen.Emergency by $10,000 Remove CC & E-Check Fees $24,600 Over all change $218,575.00 Staff to research cell phone reimbursement policy Staff to work with credit card process to transfer fees to user Prepare Special Events presentation for Council, should include attendance, revenue received and cost breakdown, if applicable Present options to reduce Town Green Bond transfer to Downtown Development Authority II. ADJOURNMENT Meeting adjourned at 7:33PM. The next scheduled work session is scheduled to be held virtually Thursday, May 7, 2020 at 5:30PM.

____________________________

Mayor Nancy Harris ATTEST: _______________________ Teresa S. Lynn, City Clerk

BUDGET WORK SESSION NOTES MAYOR AND COUNCIL CITY OF DULUTH, GA

May 7, 2020

PRESENT: Mayor Harris, Councilmember Bomar, Councilmember Jones, Councilmember Kelkenberg, and Councilmember Whitlock, City Manager, Department Directors, City Attorney Mayor Harris called the FY21 Budget work session to order at 5:30PM. I. PRESENTATION/FY21 BUDGET PROJECTIONS Following update by Finance Manager, Ken Sakmar regarding the changes made to the proposed budget from the May 6th review; the Mayor and Council reviewed the expenditures and presented the following directives. Reduce fuel/oil from $300K to $275 Reduce Safety Disaster Mgmt. Supplies from $28,500 to $25K Reduce Holiday Decoration from $40,197 to $35K Reduce Contract Labor from $84K to $75K (adjust Revenues to coincide) II. ADJOURNMENT Meeting adjourned at 7:00PM. The next scheduled meeting of the Mayor and Council will be held on Monday May 11th at 6:00PM. The meeting will be a virtual GoToMeeting.

____________________________ Mayor Nancy Harris

ATTEST: _______________________ Teresa S. Lynn, City Clerk

DRAFT MINUTES OF THE MAYOR AND COUNCIL CITY OF DULUTH, GA

JUNE 8, 2020 PRESENT: Mayor Harris, Council members Bomar, 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.

Parks and Recreation Director Kathy Marelle gave a short recap of the Parks and Recreation programs that would start reopening. Mayor Harris called the meeting to order at 6:00 p.m. MOMENT OF SILENCE PLEDGE OF ALLEGIANCE I. ANNOUNCEMENTS

1. AGENDA CHANGES

Mayor Harris noted that an additional item would be brought before the Council under “Matters from City Attorney.”

2. UPCOMING EVENTS

Due to the COVID-19 outbreak, all City of Duluth events through July 10 are either postponed or cancelled. Please visit www.duluthga.net/events for information. II. CONSENT AGENDA

1. APPROVAL OF MAY 11, 2020 MINUTES

2. ORDINANCE TO AMEND THE FY20 BUDGET - $250,000 – STREET RESURFACING {A} At the January 13, 2020 Mayor and Council meeting, Council approved a contract with Baldwin Paving Company not to exceed $1,426,585.54. The contract included a base bid for seven (7) streets, a base patch bid and six (6) alternate street resurfacing projects. However, due to costs higher than expected for resurfacing other base bid streets, Romulus Drive was removed from the list.

http://www.duluthga.net/events

Draft Minutes of the M&C June 8, 2020

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In addition, resurfacing of Bromley Rowe, an alternate street resurfacing project, was not completed due to the higher cost. Approval of this item approves $250,000 in additional SPLOST funds to resurface Romulus Drive and Bromley Rowe, which will complete the resurfacing of all the base bid and alternate streets. Approval of ordinance (BA-FY20-24) will amend the FY20 budget by adding $250,000 in 2017 SPLOST Transportation funds to the Transportation/Infrastructure Improvements - Paved Streets - Repairs & Maintenance - Streets/Sidewalks line item.

3. ORDINANCE TO AMEND THE FY20 BUDGET - $115,000 - SPLOST VEHICLES {B} The City of Duluth purchases police vehicles through a capital project fund, which is mainly funded by SPLOST Public Safety funds. An annual allocation of SPLOST funding is included in the budget each year and recorded in the fund in three equal installments. For the past few years, the annual allocation has been $540,000, recorded in the fund in three installments of $180,000. Due to production cuts and other factors, the fleet manager has found it difficult to purchase new police vehicles. For this reason, when he recently located several vehicles, he purchased five (5) of them, which depleted the allotted FY20 SPLOST funds for vehicles. In order to place the new vehicles in service, staff requested $115,000 in 2017 SPLOST funds be added to the police vehicles capital project fund. In turn, these funds will be deducted from the FY21 vehicle allotment of $540,000, resulting in a reduction in the FY21 vehicle purchase allotment to $425,000. Therefore, approval of this item approves ordinance BA-FY20-25 to add $115,000 in unallocated 2017 SPLOST Public Safety funds to the SPLOST Vehicles - Police - Consolidated Vehicle Maintenance - Vehicles line item to outfit the new vehicles.

4. ORDINANCE TO AMEND THE FY20 BUDGET - $18, 600 - PLAYGROUND SURFACE {C} In 2013, the City installed a new playground structure at Bunten Road Park and a rubberized play surface as part of the playground. The new surface was safer for children to play on, required less maintenance and would withstand extreme temperatures. Recently however, staff noticed that due to heavy use and age of the surface, it was becoming unsafe and need to be replaced. Staff contracted with Great Southern Recreation to replace the rubberized surface at a cost of $18,600. Approval of the ordinance (BA-FY20-026) will amend the FY20 budget by adding $18,600 in 2014 SPLOST Recreation Facilities & Equipment funds to the Park Improvements - Playgrounds - Machinery line item.

5. RESOLUTION – HAZARD MITIGATION PLAN (HMP) {D} Approval of this item approves resolution R2020-08, which is the final step in the Multi-jurisdictional Hazard Mitigation Plan (HMP) adoption process. The current plan has passed review and been adopted and by Georgia Emergency Management and Homeland Security Agency (GEMA) as well as Gwinnett County Board of Commissioners and is pending final approval by the Federal Emergency Management Agency (FEMA) conditional upon the adoption of the plan by all municipalities.

6. ORDINANCE TO AMEND THE FY20 BUDGET - $5,498 - INSURANCE PROCEEDS {E} The City received an insurance settlement of $5,498.79 from our insurance company for a police vehicle involved in an accident that the other driver was determined to be at fault. Approval of ordinance (BA-FY20-27) will add $5,498 to the Police Vehicles - Consolidated Vehicle Maintenance - Vehicles line item.


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7. ACCEPTANCE OF DONATION – ROGERS BRIDGE ARTWORK

On September 19, 2019, the Mayor and Council accepted two paintings of Rogers Bridge on loan from Alma Summerour. Ms. Summerour has since indicated her desire to donate those to the City permanently. Approval of this item voids the loan paperwork and accepts the donation. A motion was made by Councilmember Kelkenberg, seconded by Councilmember Bomar, to approve the Consent Agenda as presented. Those voting for: Council members Bomar, Jones, Kelkenberg and Whitlock Motion carried. III. PUBLIC HEARINGS

1. ORDINANCE OF REZONING – MCKINLEY HOMES UA, LLC

Mayor Harris opened the public hearing. Planning Director Bill Aiken came forward to present the a request (Z2020-001) from McKinley Homes UA, LLC, on behalf of the property owner, Stonecrest 1 Trust, to rezone +/- 8.58 acres of property in Land Lot 244 of the 7th District, Gwinnett County, tax parcels R7244 002 & R7244 438. The rezoning request is from C-2 (General Business District) to RM (Residential Multi-Family District) for an entitlement to construct a residential subdivision consisting of 72 single-family attached dwellings (townhouses) along with amenities. Mr. Aiken described the location, surrounding uses, and existing conditions. 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 but have yet to determine which style to build. Mr. Aiken described the Master Concept Plan for the site, showing points of access and egress, and discussed parking Mr. Aiken reviewed the UDC requirements for townhomes and noted the Comprehensive Plan Character Area as Peachtree Retail Corridor Character Area appropriate for medium density, which is 6-12 units per acre. The plan is consistent with the Future Land Use Map. A public information meeting was held in February to gather public comments. The Albion Farm residents were concerned with density, traffic, buffers, elevations and access to the detention pond for maintenance. Density is proposed at 8.5 units per acre, which falls within “medium” regulations. A traffic study was completed that estimated the percentage increases in the morning and afternoon peak hours, however, 75% of those trips will occur between Chattahoochee Trace and Peachtree Industrial, not crossing through Albion Farms. An access easement was included to address the detention pond concerns, and a cross section of the area was shown regarding buffers. Mr. Aiken noted that the building heights were reduced in order to lessen the visual impact as well. Mr. Aiken presented several of the product types McKinley has built. At this time, the elevations for the project have not been fully designed. The applicant provided staff with a variety of product types


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and each time, staff has provided the Applicant with detailed comments related to the Duluth Unified Development Code, The Duluth Comprehensive Plan and the Duluth standards for appropriate architecture design. The Duluth Planning Commission recommended Approval of Case Z2020-001 with Conditions, as presented by staff at the March 2, 2020 hearing. Staff recommended postponing Case Z2020-001 to allow the applicant an opportunity to finalize the architecture of the proposed housing units. Mayor called for discussion from Council. Councilmember Bomar would like to see more undulation, and would prefer to see a bit more character in the design. Councilmember Whitlock agreed and felt that providing direction to the developer would result in a more desirable product. He would like to see transitional design or lodge-type feel, and not urban. Councilmember Kelkenberg indicated his desire to see the certainty of design prior to approving. Mayor Harris invited the applicant forward to comment. Mr. Myles Cardenas, Land Development Manager for McKinley homes, came forward to report that he wanted the Council’s input as to what type of design they would like to see. The Mayor called for questions/comments from the public. Ms. Donna Hightower of 2667 Albion Farm Way came forward in opposition of the project. She voiced her concerns with density and proximity of the proposed project to her property. She appreciated the reduction in height of the proposed buildings but still felt that the “buffer” as described was only about two car-lengths from the rear of the Albion Farms properties. There being no further comments or questions, Mayor Harris closed the public hearing and called for a motion. A motion was made by Councilmember Whitlock, seconded by Councilmember Kelkenberg, to postpone ordinance O2020-14 for Case Z2020-001 until August 10, 2020 due to not meeting the guidelines as outlined in the City’s Unified Development Code. Those voting for: Council members Bomar, Jones, Kelkenberg and Whitlock Motion carried.

2. ORDINANCE OF SPECIAL USE – DULUTH CARWASH HOLDINGS LLC (FAIRWAY) {F} Mayor Harris opened the public hearing. Planning Director Bill Aiken presented a request (SU2020-002) from Duluth Car Wash Holdings, LLC, on behalf of the property owner, Carlan Group, LLC, for Special Use approval to expand and construct improvements to an existing car wash facility location on a +/- 1.503 acre property in Land


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Lot 324 of the 6th District, Gwinnett County, consisting of tax parcel R6324 229. Higher standards have been set since the initial approval in 1992; therefore, any modifications are subject to re-approval. Mr. Aiken described the existing conditions. The proposed modifications are to widen the existing lane to three drive lanes, two aesthetic changes to add tower elements to the building, and demolish the dumpster area and replace with pad and enclosure. They also plan to replace the current canopy, convert areas to parking for vacuums, improve the landscaping and fencing, replace existing vacuum motors with quieter models and enclose them. Mr. Aiken further noted that one of the aspirations of the Comprehensive Plan is to encourage more development and reinvestment in older commercial buildings. The Future Land Use Map shows this area as office/retail, which is consistent with the current and proposed use. The Duluth Planning Commission recommended Approval of Case SU2020-002 with Conditions, as presented by staff at the February 17, 2020 public hearing. Staff recommends Approval of Case SU2020-002 as shown on the attached Ordinance. Mayor called for discussion from Council. Councilmembers Bomar and Whitlock commented favorably. Mayor called the applicant forward. Mr. Mitch Peavey of 6095 Atlanta Highway, Buford, came forward representing the applicant. He noted the desire to improve the property as well as change the business model to include an express car wash option or continue to get full service. Although they offered to meet with the adjacent property owners, no objections were raised. The car wash was already there when the nearby neighborhood was constructed. Mayor called for discussion from the public. There being none, Mayor Harris closed the public hearing and called for a motion. A motion was made by Councilmember Bomar, seconded by Councilmember Kelkenberg, to approve ordinance O2020-13 for Case SU2020-002 with conditions as presented. Those voting for: Council members Bomar, Jones, Kelkenberg and Whitlock Motion carried.

3. ADOPTION OF THE FY21 BUDGET – FIRST PUBLIC HEARING Mayor Harris opened the public hearing. City Manager James Riker came forward to present. Per the State Code of Georgia, the Mayor and Council to hold a public hearing in order to receive public comments on the proposed FY 2021 Annual Operating and Capital Projects Budget. Prior to this Public Hearing, staff and Council reviewed the proposed FY 2021 budget at two Budget Workshops that were conducted virtually. The City Manager presented the strategic vision statements of the City and the proposed balanced FY 2021 budget. A


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second public hearing will be held on Monday June 22, 2020 at a special called meeting of the Mayor and Council. Following the second public hearing an ordinance adopting the FY 2021 budget will be presented for consideration. Mayor Harris gave special thanks to the Citizens Budget Committee and asked that they come to the September meeting to present their 2020 review and recommendations. She then called for discussion from Council. Councilmember Bomar questioned the projected revenues for the school zone cameras and felt they were too high. Staff to research prior to the next public hearing on June 22. Mayor Harris and Councilmember Jones asked staff to run projections to put 1% Cost of Living adjustment (COLA) for employees back into the budget. Councilmember Bomar wanted to ensure that the City was tracking our COVID-19 expenses for potential reimbursement, including safety and cleaning supplies, as well as staff time for cleaning and management during the pandemic. Finance Manager Ken Sakmar confirmed that payroll codes have been established and supplies have been tracked. Mayor called for questions/comments from the public. Donna Hightower, 2667 Albion Farm Way came forward and asked which schools were included in the speed zone camera analysis phase. Mr. Riker explained that the camera located on Bunten Road is currently operational. The cameras are also slated to be operational at Chattachoochee, Coleman, Duluth Middle for upcoming school year and a camera is slated to be placed at Duluth High School entrance at Hwy 120. He explained the safety strategy behind them and the high rates of speed that were recorded during the short analysis period. There being no further comments or questions, Mayor Harris closed the public hearing. No motion was necessary. IV. MATTERS FROM DEPT HEADS/CITY ATTORNEY

1. GROW DULUTH DEVELOPMENT, LLC {G} City Attorney Stephen Pereira explained that the City’s current covenants governing Parsons Alley include language that suggests that the Declarant (the City) may have authority to add properties to the Covenant agreement without the approval of the owner so long as the additional property is located within a five-mile radius of the covenant area. The applicant has requested this language be removed. The proposed amendment with GROW DULUTH is amended by in exchange for the payment of ten dollars, the City agrees that it will not exercise or attempt to exercise any rights it may have as Declarant to add the subject property to the Declaration of Covenants, Conditions, Restrictions and Easements for Parson’s Alley without the express written consent of the owner of the subject property.


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Being no further discussion, Mayor Harris called for a motion. A motion was made by Councilmember Whitlock, seconded by Councilmember Bomar, to approve the Agreement between the City of Duluth and Grow Duluth Development, LLC as presented. Those voting for: Council members Bomar, Jones, Kelkenberg and Whitlock Motion carried. V. MATTERS FROM COUNCIL Councilmember Jones discussed options for a memorial to honor Fallen Soldiers from Duluth with the “Battlefield Cross” and create a memorial park kind of setting, and proposed relocation of the Living Honorarium. He requested feedback from the Council as to possible areas for placement, and to allow staff to research the possibility. Not all Council members supported moving the Living Honorarium, but agreed that the current setting has changed and it is in a less “contemplative” space now. The concern was utilizing public funds when the initial project was funded through sponsorships. All supported research for the memorial park concept and creating an area of reverence, and authorized staff to work on the feasibility. Councilmember Bomar recognized staff for the excellent fiscal management in place so that recent events have not had as much of an adverse effect on the City’s finances as they could have. VI. ADJOURNMENT A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to adjourn at 7:27 pm. Those voting for: Council members Bomar, Jones, Kelkenberg and Whitlock Motion carried.

The next scheduled meeting of the Mayor and Council is a Special Called meeting/Work Session for June 22, 2020 at 5:30 p.m. at the Red Clay Theatre.

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ORDINANCE CITY OF DULUTH

URBAN REDEVELOPMENT AGENCY

WHEREAS, Pursuant to Article 1, Section 1 of the Urban Redevelopment Agency by laws establishes that the Urban Redevelopment Agency shall consist of three (3) persons, appointed by the City Council. WHEREAS, Sec. 2- 49 Term Limits for Boards and Commissions (established 2012) Service on each and every 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 after 2012. NOW THEREFORE, the Mayor and Council of the City of Duluth hereby ordains that the following individual be appointed as a member of the Urban Redevelopment Agency as follows: New appointment: Fred Butler Expires 3/31/22 Term begin date: 2020 (filling the unexpired term of Amy Fuchs) Current members and expiration dates: Brandon Odum Expires 3/31/21 Term begin date: 2017 Theo Sowah Expires 3/31/23 Term begin date: 2019

IT IS SO ORDAINED this 22nd day of June, 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

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Those councilmembers voting in opposition: ______________________________

______________________________

______________________________

ATTEST: ______________________

Teresa S. Lynn, City Clerk

G.R.E.A.T. LITTLE MINDS - ! BOOK EXCHANGE AGREEMENT!

!WHEREAS, ______________________________________________________________ (Book Exchange Contact)

collectively referred to as for “Book Exchange Contact” for __________________________________________

(Book Exchange Title) at ________________________________________________________________________

(Book Exchange Address) for three consecutive years starting on _______________________________ (date)

for the G.R.E.A.T. (Gwinnett Reading Exchange & Art Transforms) Little Minds program; !WHEREAS, Book Exchange Contact understands and acknowledges that, as part of the agreement process, it

is intended that the G.R.E.A.T. Little Minds, a Gwinnett Coalition of Health & Human Services program, a

501(c)(3) nonprofit, with an address of 750 South Perry Street, Ste. 312, Lawrenceville GA 30046

(“G.R.E.A.T. Little Minds”) own the entire book exchange right;

WHEREAS, Book Exchange Contact understands and acknowledges that G.R.E.A.T. Little Minds shall continue

to be the sole and exclusive owner of the entire right, title and interest in and to the book exchange listed

above including, but not limited to, donated books, technology, and that in such case community placement

and/or above listed location.

WHEREAS, Book Exchange Contact further acknowledges and agrees that if the above mentioned G.R.E.A.T.

Little Minds book exchange is vandalized, damaged or otherwise modified they shall have the right to make,

or have made, such repairs, even if the repairs would constitute a distortion or modification deemed

necessary. Thus, the steward will then notify G.R.E.A.T. Little Minds of such repairs with details of any

modification.

NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, and

intending to be legally bound hereby, the above mentioned book location will be the site for the above book

exchange for three consecutive years starting on above mentioned date.

Book Exchange Contact Name: Date: !Book Exchange Contact Signature: !Book Exchange Location: !Book Exchange Contact Email: Phone: !WiFi Available: WiFi Password: Power Available: !Table/Furniture for Placement: Outdoor/Indoor Placement: Exchange Steward:

G.R.E.A.T. Little Minds is a program of the Gwinnett Coalition for Health & Human Services

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CHANGE ORDER NO. 2 BETWEEN GWINNETT COUNTY

AND THE CITY OF DULUTH REGARDING

JOINTLY FUNDED 2014 SPLOST PROJECT(S)

(CITY MANAGED PROJECT # F-1065)

This Change Order (hereinafter referred to as “Change Order No. 2”), made by and between the City of Duluth, a

municipal corporation chartered by the State of Georgia and headquartered at 3167 Main Street, Duluth, Georgia 30096

(herein referred to as “CITY”) and Gwinnett County, Georgia, a political subdivision of the State of Georgia

headquartered at 75 Langley Drive, Lawrenceville, Georgia 30046 (hereinafter referred to as “COUNTY”) each of whom

has been duly authorized to enter into this Change Order No. 2.

WITNESSETH

WHEREAS, the COUNTY entered into an agreement (hereinafter referred to as “Original Agreement) with the

CITY dated October 16, 2014 and Change Order No. 1 (hereinafter referred to as “Change Order No. 1”) dated January

23, 2018 to jointly fund a transportation project to be managed by the CITY ; and

WHEREAS, the agreement specifies that the COUNTY’S contribution to jointly fund 2014 SPLOST projects is

limited to the maximum COUNTY contribution as shown in the Original Agreement and Change Order No. 1; and

WHEREAS, the COUNTY and CITY wish to reallocate funding as described in the Original Agreement and

Change Order No. 1;

NOW, THEREFORE, the COUNTY and the CITY, in consideration of the mutual promises and agreements set

forth herein, do agree as follows:

1. This Change Order No. 2 amends the Original Agreement and Change Order No. 1 between the COUNTY and

CITY as follows:

a. As the original 2014 City-managed SPLOST project at SR 120/Abbotts Bridge Road and SR 120/Duluth

Highway has been completed at a COUNTY cost contribution of $1,178,220.00, the CITY has requested

to use the remaining COUNTY funds toward another City-managed project.

b. The CITY has determined that an existing City-managed project in the 2017 SPLOST program, the Main

Street/Chattahoochee Drive pedestrian improvements project, will need additional funding for

completion.

c. The COUNTY and CITY agree that the Main Street/Chattahoochee Drive pedestrian improvements

project will be added to the 2014 SPLOST City-managed project, and the remaining County funds in the

amount of $1,618,054.00 from the COUNTY’S 2014 City-managed SPLOST project at SR 120/Abbotts

Bridge Road and SR 120/Duluth Highway will be applied to the Main Street/Chattahoochee Drive City-

managed project.

2. In no event shall the COUNTY’S contribution to the Main Street/Chattahoochee Drive City-managed project

exceed eight-one percent (81%) of the total cost.

3. The revised project list is outlined in Exhibit A attached hereto.

4. Except as explicitly stated in Section 1 of this Change Order No. 2, the existing projects shall not be updated,

amended, or altered in any way.

5. All notices pursuant to this agreement shall be served as follows: As to the COUNTY, Chairman, Gwinnett

County Board of Commissioners, 75 Langley Drive, Lawrenceville, Georgia 30046. As to the CITY, Mayor, City

of Duluth, 3167 Main Street, Duluth, Georgia 30096.

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Except as herein supplemented, modified and amended, the Original Agreement, dated October 16, 2014 and Change

Order No. 1, dated January 23, 2018 will remain in full force and effect and shall in all respects govern and control.

It is expressly agreed by the parties that this Change Order No. 2 is supplemental to the Original Agreement, dated

October 16, 2014 and Change Order No. 1, dated January 23, 2018 and all previous agreements which are by reference

made a part hereof. All terms, conditions, and provisions thereof unless specifically modified herein are to apply to this

Change Order No. 2and are made a part hereof as though they were expressly rewritten, incorporated, and included

herein.

of 4

IN WITNESS WHEREOF, the parties hereto acting through their duly authorized agents have caused this agreement to be

signed and delivered on the date set forth below.

This _____________ day of ________________, 2020.

GWINNETT COUNTY, GEORGIA CITY OF DULUTH, GEORGIA

By: By:

CHARLOTTE J. NASH

Title: CHAIRMAN Title: MAYOR

ATTEST: ATTEST:

By: By:

Title: County Clerk/Deputy County Clerk (SEAL) Title: City Clerk (SEAL)

APPROVED AS TO FORM:

Gwinnett County Staff Attorney

Exhibit A – 2014 SPLOST Jointly Funded Transportation Project

City-managed Project F-1065

of 4

Project Name Improvement Type Location Description

Maximum County

Contribution

SR 120/Abbotts

Bridge Road

Sidewalk From Hill Street to

Albion Farm Road

City shall perform all

phases necessary to

complete sidewalk

construction.

$1,178,220

SR 120/Duluth

Highway

Sidewalk From US 23/Buford

Highway continuing

southeasterly toward the

city limits as funds

allow


phases necessary to

complete sidewalk

construction.

Main

Street/Chattahoochee

Drive

Pedestrian

Improvements

Coleman Middle School

to Peachtree Industrial

Boulevard


phases necessary to

complete construction

of the pedestrian

improvements.

$1,618,054

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Public Notice Published May 31, 2020 Public Hearing Held June 22, 2020

ORDINANCE NO. O-2020-15

AN ORDINANCE FOR THE REZONING OF ±11.207 ACRES OF PROPERTY IN LAND LOT 199 OF THE 7TH DISTRICT, GWINNETT COUNTY CONSISTING OF TAX PARCEL R7199 224. THE PROPERTY, GENERALLY KNOWN AS “INFLUENCERS CHURCH”, IS LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT “B” AND CONCEPTUALLY SHOWN ON ATTACHED EXHIBIT “C”. THE ORDINANCE PROVIDES FOR FINDINGS, ESTABLISHES CONDITIONS OF APPROVAL AS SHOWN ON ATTACHED EXHIBIT “D”, PROVIDES FOR SEVERABILITY, REPEALS CONFLICTING ORDINANCES, ESTABLISHES AN EFFECTIVE DATE, AND IS FOR ALL OTHER LAWFUL PURPOSES. WHEREAS, the applicant, Rick Onorato, on behalf of the property owner, Paradise Evangelistic Association, has filed a complete application (Z2020-002) with the City of Duluth seeking a modified rezoning for the “Influencers Church property. Said modified rezoning plan includes, but is not limited to, modifying the approved Master Concept Plan and conditions of approval of Z2018-003, dated November 12, 2018. Specifically, the modifications allow for an increase to the size of the church building and the addition of 110,000 square foot medical office building. WHEREAS, per Article 11 of the Duluth Unified Development Code, a rezoning must be approved by the Governing Body; and WHEREAS, the City of Duluth Planning Commission held public hearings at the meetings of March 2, 2020 and May 18, 2020, duly noticed as prescribed by law and published in the Gwinnett Daily Post, regarding the application. At the March 2, 2020 meeting, the Planning Commission recommended to table as is set forth in the minutes of said meeting. At the May 18, 2020 meeting, the Planning Commission recommended approval with conditions as is set forth in the minutes of said meeting; and WHEREAS, the City Council held a public hearing at the meeting of June 22, 2020, duly noticed as prescribed by law and published in the Gwinnett Daily Post, regarding said application, as shall be set forth in the minutes of said meeting. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS AS FOLLOWS: SECTION 1. FINDINGS. Pursuant to Article 11 of the Duluth Unified Development Code, the City Council finds that it is appropriate to modify the approval conditions for the property generally referred to as “Influencers Church”, for the following reasons:

A. The rezoning is suitable given the use and development of adjacent and nearby properties. 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 Sugarloaf Ridge, zoned Duluth PUD. The site is bound to the east by a 26.4 acre parcel owned by Gwinnett County Board of Education housing the +/- 212,000sf 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). 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 outside of the city limits.

Ordinance No. O-2020-15

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B. The proposed rezoning is not anticipated to adversely affect the existing use or usability of adjoining or nearby properties.

C. The proposed rezoning is not anticipated to cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools.

D. The Future Land-Use and Development section and supporting Character Area Map of

FORWARDuluth (also known as the Comprehensive Plan) identifies the Character Area of this property as Existing Suburban Residential. The O-I zoning district is appropriate for implementation of the Existing Suburban Residential Character Area.

SECTION 2. LEGAL DESCRIPTION.

The properties that are subject to this ordinance consists of ±11.207 acres and is legally described on Exhibit “B”, attached hereto. Said Exhibit is incorporated by reference as if fully set forth herein. SECTION 3. CONDITIONS OF APPROVAL & SITE PLAN Approval of O-I conditional zoning is subject to the Preliminary Site Plan attached hereto as Exhibit “B” and conditions of approval attached hereto as Exhibit “C”. Said Exhibits are incorporated by reference as if fully set forth herein. SECTION 4. SEVERABILITY. Should any section or provision of this Ordinance or any Ordinance pertaining to the companion applications as identified above be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. The effective date of this Ordinance shall be upon approval by the City Council of the City of Duluth, Georgia. SECTION 6. REPEALER. All conflicting ordinances and conditions are hereby repealed and replaced with the conditions of approval set forth in this Ordinance, No. O-2020-15. ATTACHMENTS: Exhibit “A”: Maps Exhibit “B”: Survey and Legal Description Exhibit “C”: Master Concept Plan Exhibit “D”: Conditions of Approval Exhibit “E”: Building Renderings Exhibit “F”: Applicant’s Responses to the Standards Governing the Exercise of Zoning Power Exhibit “G”: Public Hearing Advertisement/Public Notice Exhibit “H”: Parcel Subdivision

{Signatures on the Following Page}


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IT IS SO ORDAINED this 22nd day of June, 2020. Those councilmembers voting in favor: ___________________________ Nancy Harris, Mayor _____________________________ 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 Lynn, City Clerk


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Exhibit “A” Maps

Character Area Map


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Parcel Location Map


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Zoning Map


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Exhibit “B”

Survey and Legal Description


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Exhibit “C” Master Concept Plan


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Exhibit “D”

Conditions of Approval General Conditions

1. The subject property shall be developed in accordance with the Master Concept Plan and all applicable exhibits except as modified by the conditions contained herein on file in the office of the Planning and Development Department. Minor modifications to the Master Concept Plan may be approved by the Director of the Planning and Development Department. Any changes that, in the opinion of the Planning and Development Director, result in a development of such intent and character that has not been conceptually approved by the City Council shall require additional approval in accordance with procedures established in the Procedures and Permits Article for a revision of conditions of rezoning approval.

Uses and Intensities

2. The subject property shall be subdivided into three (3) separate parcels. For the purpose of these conditions, these parcels shall be known as Parcel 1, Parcel 2 and Parcel 3. Separate ownership of the individual parcels shall not create non-conforming uses and shall not require any changes or any variances to the Master Concept Plan attached hereto as Exhibit “H”.

3. Parcel 1: Parcel 1 shall contain Building 1 as identified in Exhibit “C”. The following primary uses

shall be allowed on Parcel #1: Religious Organizations (NAICS 8131) and professional,

administrative, and financial offices (NAICS 51-55). Accessory uses shall be allowed as listed in

Table 2-D of the Unified Development Code for the O-I zoning district. The total building area

may be up to 75,000 SF and not exceed 50’ in height.

4. Parcel 2: Parcel 2 shall contain Building 2 as identified in Exhibit “C”. The following uses shall be

allowed on Parcel #2: Professional, administrative, and financial offices (NAICS 51-55) and

medical offices (NAICS 62). Accessory uses shall be allowed as listed in Table 2-D of the Unified

Development Code for the O-I zoning district. The total building area may be up to ±110,000 SF

and not exceed 50 feet in height.

5. Parcel 3: Parcel 3 shall include the remainder of the land as identified in Exhibit “C”. Parcel 3

shall serve as common area (parking areas, driveways, drive isles, landscape, buffers, retaining

walls, stormwater facilities, utilities, etc.) for both Parcel 1 and Parcel 2. Said common areas

shall be privately owned and maintained by the property owners association.

Transportation and Parking

6. A shared parking agreement consistent with Section 403.07 of the Unified Development Code

shall submitted and approved by the Planning and Development Director. The approved shared

parking agreement must be recorded with the Clerk of the Superior Court prior to subdividing

the property. The recorded agreement shall be referenced on the Final Plat.

Landscape and Buffers

7. An enhanced buffer shall be provided along the southern property line of such nature and

density so as to screen activities, structures and uses on the subject property from view from the


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normal level of a first story window on an abutting residential lot. Said enhanced buffer shall

provide permanent, year-round visual screening by incorporating a combination of natural

vegetation, supplemental plantings and non-vegetative screening. The enhanced buffer shall be

reviewed and approved by the Planning and Development Director prior to the issuance of any

development permits.

8. The Developer shall submit an overall landscape plan for review and approval by the Planning

and Development Department prior to the issuance of any development permits. In addition to the minimum requirements of the Unified Development Code, said plan shall incorporate a combination of overstory trees, understory trees, bushes, shrubs, groundcover and landscape berms or other site improvements designed to separate and create a visual screen between the public right-of-way and the parking areas. All grassed areas along Sugarloaf Parkway and Old Peachtree shall be sodded and properly maintained in perpetuity by the Developer or successive owner.

9. The owner shall be responsible for the perpetual maintenance and protection of buffers and landscape plantings. For the purpose of this Condition, perpetual maintenance and protection shall mean the replacement of any diseased, infested, dying, dead or damaged landscaping; the replanting of any buffers that, over a period of time, lose their screening ability; and the maintenance of grassed areas to be fully stabilized so as to prevent any erosion or the appearance of any significant bare spots as determined by the Director of Planning and Development.

Variances

1. A reduction of the setback from seventy-five feet (75’) to fifteen feet (15’) feet along the southern property line is hereby approved.


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Exhibit “E” Building Elevations


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Exhibit “F” Applicant’s Responses/Letter of Intent


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Exhibit “G”

Public Notice


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Exhibit “H”

CITY OF DULUTH City Council Staff Report

June 22, 2020

CASE NUMBER:

Z2020-002

PROJECT:

Paradise Evangelistic Association, Inc. (Influencers USA, Inc.)

ADDRESS:

Intersection of Old Peachtree Road and Sugarloaf Parkway

PARCEL:

R7199 224

CURRENT ZONING:

O-I (Office and Institutional District)

PROPOSED ZONING:

O-I (Office and Institutional District)

ACREAGE:

±11.21 Acres

REQUEST:

To modify the conditions of approval of case number Z2018-003.

APPLICANT: Rick Onorato Influencers USA, Inc. 1555 Old Peachtree Road NW Suwanee, GA 30024

OWNER: Paradise Evangelistic Association, Inc. 3675 Crestwood Parkway NW, Ste. 400 Duluth, GA 30096

STAFF RECOMMENDATION: APPROVAL WITH CONDITIONS

PLANNING COMMISSION RECOMMENDATION: APPROVAL WITH CONDITION

Case Number Z2020-002

Page 2 of 26

I. PURPOSE AND DESCRIPTION OF THE REQUEST

The purpose of this request (Z2020-002) is to modify the conditions of approval from case

number Z2018-003. The ±11.21 acre subject property is 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 SF building intended to be primarily used as a place of

religious assembly and a four-story, ±110,000 SF office building.

Maps detailing the location, zoning, character area and environmental features are attached

hereto as Exhibit “A”. A survey and legal description of the subject site is attached hereto as

Exhibit “B”.

II. EXISTING CONDITIONS The subject property is currently undeveloped. The property is surrounded by a mixture of

residential and institutional 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 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

containing the ±212,000SF 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). The site is bound to the west by

Sugarloaf Parkway. Across Sugarloaf Parkway to the west is a single-family neighborhood

outside of the city limits known as Sugarloaf County Club, zoned County R-100 and R-75.

The site does not contain any known environmentally sensitive features including floodplain,

wetlands, streams and stream buffers. The property is not located in a flood hazard area per

Gwinnett County Firm Panel 13135C0042H, effective date March 4, 2013. A map detailing the

known environmentally sensitive, utility and geographic features is attached hereto as

Exhibit “A”.

III. ZONING HISTORY

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-75 by Gwinnett County. The annexation was accompanied with a rezoning application for

PUD (Planned Unit Development). Said PUD zoning included 178,796 SF of retail and office

space.

In 2018, Paradise Evangelistic Association, Inc. submitted a rezoning application requesting that the subject property be rezoned to O-I to allow for the construction of a ±60,000 multi-purpose building that would serve as a church on the weekends and house a variety of office, institutional and non-profit uses on the weekdays. The rezoning request was approved with conditions. In 2020, Paradise Evangelistic Association, Inc. submitted a complete application to modify the conditions of zoning in order to allow the applicant to subdivide the property and sell a portion of it to an office developer for the purpose and intent of building a ±110,000 SF office building intended to be occupied by a variety of office and medical uses.


Page 3 of 26

IV. REVIEW OF THE REQUEST

Buildings and Land Uses

The approved Master Concept Plan includes a ±60,000 SF multi-use building and other site

improvements such as a parking lot and above ground stormwater detention facility. The

proposed Master Concept Plan increases the size of the approved building from ±60,000 SF

to ±74,843 SF, an increase of 14,843 SF. In addition, the proposed Master Concept Plan also

includes a ±110,000 SF office building.

The Applicant intends to subdivide the ± 11.21 acre subject property into three (3) parcels as

shown in Exhibit “H”. For the purpose of this Report, these parcels are referred to as Parcel

1, Parcel 2 and Parcel 3.

Parcel 1: Parcel 1 is intended to contain Building 1 as identified in Exhibit “C”. The following

primary uses are intended for Parcel 1: Religious Organizations (NAICS 8131) and

professional, administrative, and financial offices (NAICS 51-55). Accessory uses are allowed

as listed in Table 2-D of the Unified Development Code for the O-I zoning district. The total

building area may be up to 75,000 SF and not exceed 50’ in height.

Parcel 2: Parcel 2 in intended to contain Building 2 as identified in Exhibit “C”. The following

uses are intended for Parcel #2: Professional, administrative, and financial offices (NAICS 51-

55) and medical offices (NAICS 62). Accessory uses shall be allowed as listed in Table 2-D of

the Unified Development Code for the O-I zoning district. The total building area may be up

to ±110,000 SF and not exceed 50 feet in height.

Parcel 3: Parcel 3 is intended to include the remainder of the land as identified in Exhibit “C”.

Parcel 3 will serve as common area (parking areas, driveways, drive isles, landscape, buffers, retaining walls, stormwater facilities, utilities, etc.) for both Parcel 1 and Parcel 2. Said

common areas and parks will be privately owned and maintained by the property owner’s

association.

Proposed Parking Plan

Article 4 of the Unified Development Code regulates parking within the City of Duluth. The

applicant is proposing 591 parking spaces for the site as shown on Exhibit “C”. The Unified

Development Code (UDC) allows for shared parking when two nearby uses have different

peak parking demand times. A shared parking agreement consistent with Section 403.07 of

the Unified Development Code shall be submitted to and approved by the Planning and

Development Director. The approved shared parking agreement must be recorded with

Clerk of the Superior Court prior to subdividing the property. The recorded agreement shall

be referenced on the Final Plat.

Stormwater

The currently approved Master Concept Plan has stormwater being managed with a large

above ground stormwater detention facility along Sugarloaf Parkway. The proposed Master

Concept Plan incorporates underground stormwater detention facilities located within the

parking lot area.


Page 4 of 26

Traffic and Transportation

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 SF 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 proposed

development is estimated to increase the number of trips by 542 - approximately 13%. The

current afternoon peak time has a traffic count number 4,512 vehicles. The additional 684

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.

Zoning and Land Development Procedures

Section 1101.02 of the UDC states that if a proposed use is not allowed by right under the existing zoning on a property, a request for an amendment to the Official Zoning Map (often called a “rezoning”) must be approved prior to development, construction, or occupancy. Section 1104.02 of the UDC establishes that Standards Governing the Exercise of Zoning Power. The Applicant finds that the following standards are relevant in balancing the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of property and shall govern the exercise of the zoning power. The Applicant has responded to the following Standards Governing the Exercise of Zoning Power.

(a) How the proposed rezoning will permit a use that is suitable in view of the use and development of adjacent and nearby property.

(b) How the proposed rezoning will adversely affect the existing use or usability of adjacent or nearby property.

(c) Whether the property to be affected by a proposed rezoning has a reasonable economic use as currently zoned.

(d) Whether the proposed rezoning 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 rezoning 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 development of the property which give supporting grounds for either approval or disapproval of the proposed rezoning.

The Applicant’s responses to the Standards Governing the Exercise of Zoning Power are attached hereto as Exhibit “F”.


Page 5 of 26

FORWARDuluth, Plan 2040 The Character Area for the subject property is Established Neighborhoods. Established Neighborhoods offer residents a high standard of family living near all of the amenities and employment that Duluth has to offer and with close proximity to regional connectors like Peachtree Industrial Boulevard, Sugarloaf Parkway, Buford Highway and Pleasant Hill Road. Ranging from traditional suburban neighborhoods to more walkable and community centered town-home developments, a variety of housing types and price ranges gives a wide variety of people across income levels, age groups and other social strata the opportunity to live in Duluth. The longevity of these neighborhoods is supported by high quality schools and world class parks. The proposed land uses and intensities are appropriate to support the present and future inhabitants of the City of Duluth.

V. RECOMMENDATION

On May 18, 2020 the Duluth Planning Commission voted 4-1 to recommend approval with

conditions as presented for Case Number Z2020-002.

Planning staff recommends Approval with Conditions of Case Z2020-002.

ATTACHMENTS:

Exhibit “A”: Maps Exhibit “B”: Survey and Legal Description Exhibit “C”: Master Concept Plan, Dated 2/10/2020 Exhibit “D”: Conditions of Approval Exhibit “E”: Building Renderings Exhibit “F”: Applicant Responses to the Standards Governing the Exercise of Zoning Power Exhibit “G”: Public Notice Exhibit “H”: Parcel Subdivision


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Exhibit “A”

Figure 1

Figure 1 above identifies the location of the site for the proposed rezoning. The ± 11.209 acre site is

located at the intersection of Old Peachtree Road and Sugarloaf Parkway in Duluth, Georgia 30097.


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Figure 2

Figure 2 above identifies the zoning of the site for the proposed rezoning. The site is zoned

O-I (Office and Institutional District).


Page 8 of 26

Figure 3

Figure 3 above identifies the Character Area of the site for the proposed rezoning. The site is

located within a Character Area known as Existing Suburban Residential.


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Figure 4

Figure 4 identifies the presence of environmental features including topography.


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Exhibit “B”


Page 11 of 26


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Exhibit “C”


Page 13 of 26


Page 14 of 26

Exhibit “D” General Conditions

1. The subject property shall be developed in accordance with the Master Concept Plan and all applicable exhibits except as modified by the conditions contained herein on file in the office of the Planning and Development Department. Minor modifications to the Master Concept Plan may be approved by the Director of the Planning and Development Department. Any changes that, in the opinion of the Planning and Development Director, result in a development of such intent and character that has not been conceptually approved by the City Council shall require additional approval in accordance with procedures established in the Procedures and Permits Article for a revision of conditions of rezoning approval.

Uses and Intensities

2. The subject property shall be subdivided into three (3) separate parcels. For the purpose of these conditions, these parcels shall be known as Parcel 1, Parcel 2 and Parcel 3. Separate ownership of the individual parcels shall not create non-conforming uses and shall not require any changes or any variances to the Master Concept Plan attached hereto as Exhibit “H”.

3. Parcel 1: Parcel 1 shall contain Building 1 as identified in Exhibit “C”. The following primary uses

shall be allowed on Parcel #1: Religious Organizations (NAICS 8131) and professional,

administrative, and financial offices (NAICS 51-55). Accessory uses shall be allowed as listed in

Table 2-D of the Unified Development Code for the O-I zoning district. The total building area

may be up to 75,000 SF and not exceed 50’ in height.

4. Parcel 2: Parcel 2 shall contain Building 2 as identified in Exhibit “C”. The following uses shall be

allowed on Parcel #2: Professional, administrative, and financial offices (NAICS 51-55) and

medical offices (NAICS 62). Accessory uses shall be allowed as listed in Table 2-D of the Unified

Development Code for the O-I zoning district. The total building area may be up to ±110,000 SF

and not exceed 50 feet in height.

5. Parcel 3: Parcel 3 shall include the remainder of the land as identified in Exhibit “C”. Parcel 3 shall

serve as common area (parking areas, driveways, drive isles, landscape, buffers, retaining walls,

stormwater facilities, utilities, etc.) for both Parcel 1 and Parcel 2. Said common areas shall be

privately owned and maintained by the property owners association.

Transportation and Parking

6. A shared parking agreement consistent with Section 403.07 of the Unified Development Code

shall submitted and approved by the Planning and Development Director. The approved shared

parking agreement must be recorded with the Clerk of the Superior Court prior to subdividing

the property. The recorded agreement shall be referenced on the Final Plat.

Landscape and Buffers

7. An enhanced buffer shall be provided along the southern property line of such nature and density

so as to screen activities, structures and uses on the subject property from view from the normal

level of a first story window on an abutting residential lot. Said enhanced buffer shall provide

permanent, year-round visual screening by incorporating a combination of natural vegetation,

supplemental plantings and non-vegetative screening. The enhanced buffer shall be reviewed


Page 15 of 26

and approved by the Planning and Development Director prior to the issuance of any

development permits.

8. The Developer shall submit an overall landscape plan for review and approval by the Planning and Development Department prior to the issuance of any development permits. In addition to the minimum requirements of the Unified Development Code, said plan shall incorporate a combination of overstory trees, understory trees, bushes, shrubs, groundcover and landscape berms or other site improvements designed to separate and create a visual screen between the public right-of-way and the parking areas. All grassed areas along Sugarloaf Parkway and Old Peachtree shall be sodded and properly maintained in perpetuity by the Developer or successive owner.

9. The owner shall be responsible for the perpetual maintenance and protection of buffers and landscape plantings. For the purpose of this Condition, perpetual maintenance and protection shall mean the replacement of any diseased, infested, dying, dead or damaged landscaping; the replanting of any buffers that, over a period of time, lose their screening ability; and the maintenance of grassed areas to be fully stabilized so as to prevent any erosion or the appearance of any significant bare spots as determined by the Director of Planning and Development.

Variances 1. A reduction of the setback from seventy-five feet (75’) to fifteen feet (15’) feet along the southern

property line is hereby approved.


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Exhibit “E”

Proposed South Elevation of Church

(Interior Parking Lot Perspective)


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Proposed South Elevation of Church

(Interior Parking Lot Perspective)


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Proposed West Elevation of Church

(Sugarloaf Parkway Perspective)


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Proposed North and East Elevation of Church

(Old Peachtree Road Perspective)


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Proposed Landscape Strip along Sugarloaf Parkway


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Exhibit “F”


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Exhibit “G”


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Exhibit “H”

Gary Canter, Chairman Ray Williams, Vice Chairman

Alana Moss, Secretary

SUMMARY MINUTES PLANNING COMMISSION

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

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 by 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

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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)

“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.: 643416Name and File No.: Z2020-002a 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 06/04/20

Notary PublicMy commission expires June 23, 2023

05/31/20 Sun

CITY OF DULUTHNOTICE OF PUBLIC

HEARINGNOTICE IS HEREBY GIVEN

that a public hearing will be held before the City of Duluth City Council to consider a request from Rick Onorato on behalf of Paradise Evan-gelistic Association, Inc. (Z2020-002) to modify the conditions of approval from Z2018-003 on approximately 11.209 acres of property in Land Lot 199, 7th District, Gwinnett County, consisting of tax parcel 7199 224. The property is zoned O-I (Office-Institutional District) and will not change.

The public is invited to at-tend this meeting before the City Council on the proposed rezoning at Red Clay Theater, 3116 Main Street, Duluth, Georgia 30096. The meeting date, place and time regard-ing this matter are as follows:

WHEN: June 22, 2020–6:00 p.m.

WHERE: Red Clay The-ater

3116 Main StreetDuluth, GA 30096PERSONS INTERESTED

IN THIS MATTER are invited to review the proposed re-quest, which is on file with the Department of Planning & 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 Dan Robinson, Planning & 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.

928-643416, 5/31

A16 ' SUNDAY, MAY 31, 2020

GWINNETTDAILYPOST.COM

PUBLIC NOTICE

CITY OF

FISCAL • REVIEW AND ADOPTION

PUBLIC HEARING ON FY21 BUDGET: The public is hereby notified that' a Public Hearing is scheduled forthe FY21 Proposed Budget during the regular Council meeting on June 8, 2020 at 6: 00 p. m. in accordancewith the provision of the State Code of Georgia 36- 81- 5( d, a and f). The hearing will take place at the RedClay Theatre located at 3116 Main Street, Duluth, Georgia. Due to the City' s adherence to social distancingpolicies, public attendance will be limited at the Red Clay Theatre. Therefore, the meeting will also be virtualand can be viewed by visiting www. duluthga. net/ councilmeeting and clicking on the meeting date tb join.Atthis meeling, the Mayorand Council will receive both written and oral comments abouttheAnnual Operatingand Capital Budgets for the City of Duluth, Georgia. A qualified interpreter for the hearing impaired will beavailable upon request made at least ten'( 10) days in advance of this meeting. Please call( 770) 476- 3434,to request an interpreter or for more information.

The second Public Hearing on the proposed. FY21 budget will be held at a Special Calledmeeting of the Mayorand Council scheduled for Monday June 22nd at 6: 00 p. m. at the Red Clay Theatre located at 3116 MainStreet\ Duluth, Ga.

BUDGET AVAILABLE FOR REVIEW: The FY21 proposed budget is available for public inspection on the Citywebsite. Due to the Coronavirus the proposed budget will NOT be.available for public inspection during theregular office hours( 8: 00 a. m.- 5: 00 p. m., Monday through Friday) in the office of the City Clerk located onthe first floor of City Hall, 3167 Main Street, Duluth, Georgia.

BUDGET REVIEW: The Mayor and Council' of the City of Duluth reviewed the FY21 proposed budget on,May 611'& May 711 during meetings which were properly noticed and open to the' public.PUBLIC COMMENT: Comments may addressed to Council during the Public Hearing on June 81h.

BUDGET ADOPTION: The Mayor and Council of the City of Duluth are scheduled to adopt the FY21 Budgetat a Special Called Council meeting on. June 22,- 2020" at 6: 00 p. m. at the Red Clay Theatre located at3116 Main Street, Duluth, Georgia. Due to the Citys adherence to social distancing policies, public attendancewill be limited at the Red Clay,Theatre. Therefore, the meeting will also be virtual and can be viewed by goingto www.duluthga. net/ councilmeeting and clicking in the meeting date to join.Filed for advertisement, May 31, 2020.,Teresa S. Lynn

City Clerk, City of Duluth

O2020-16

ORDINANCE

TO ADOPT THE FISCAL YEAR 2021 BUDGET FOR EACH FUND OF THE CITY OF DULUTH, GEORGIA, APPROPRIATING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES/EXPENSES, ADOPTING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, AND PROHIBITING EXPENDITURES OR EXPENSES FROM EXCEEDING THE ACTUAL FUNDING AVAILABLE. THE FISCAL YEAR 2021 BUDGET IS ATTACHED AS EXHIBIT “A.” WHEREAS, sound governmental operations require a budget in order to plan the financing of services for the residents of the City of Duluth; and WHEREAS, Title 36, Chapter 81, Article 1 of the Official Code of Georgia, Annontated (OCGA) requires a balanced budget for the City’s fiscal year, which runs from July 1st to June 30th of each year; and WHEREAS, the City Council held public hearings on June 8, 2020, and June 22, 2020, duly noticed as prescribed by law and published in the Gwinnett Daily Post at which time the public was given the opportunity to voice their protests, suggestions, or criticisms, if any, on the budget; and WHEREAS, the Mayor and Council of the City of Duluth have reviewed the proposed FY21 budget as presented by the City Manager; and WHEREAS, each of these funds is a balanced budget, so that anticipated revenues and other financial resources for each fund equal the proposed expenditures or expenses; and WHEREAS, the Mayor and Council wish to adopt this proposal as the Fiscal Year 2021 Annual Budget, effective July 1, 2020 to June 30, 2021. NOW THEREFORE, the Council of the City of Duluth, Georgia hereby ordains as follows: Section 1. That the proposed Fiscal Year 2021 Budget attached hereto as shown on

Exhibit “A” and incorporated herein as a part of this Ordinance is hereby adopted as the Budget for the City of Duluth, Georgia for Fiscal Year 2021 with a tentative millage rate of 6.551 mills.

Section 2. That the several items of revenues, other financial resources, and sources

of cash shown in the budget for each fund in the amounts anticipated are hereby adopted, and that the several amounts shown in the budget for each fund as proposed expenditures or expense, and uses of cash are hereby appropriated to the departments named in each fund.

O2020-16

Section 3. That the “Legal levels of Control” as defined in OCGA 36-81 are set at the departmental fund level.

Section 4. That all appropriations shall lapse at the end of the fiscal year. Section 5. That this Ordinance shall be and remain in full force and effect from and

after its date of adoption.

IT IS SO ORDAINED this 22nd day of June, 2020. _____________________________ Mayor Nancy Harris Those councilmembers voting in favor: _____________________________ Marsha Anderson. Bomar, Post 1 _____________________________ vacant, Post 2 ______________________________ Billy Jones, Post 3 ______________________________ Kelvin J. Kelkenberg, Post 4 ______________________________ Greg Whitlock, Post 5

Those voting in opposition: ______________________________ ______________________________

ATTEST_________________________ Teresa S. Lynn, City Clerk

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