City of Duluth, Georgia

January 25, 2010 Agenda

6:15P.M. – AGENDA REVIEW WORK SESSION Main Street Conference Room
6:45 P.M. – PHOTOS
7:00 P.M. CALL TO ORDER Mayor Harris
INVOCATION/PLEDGE: Rev. Dick Baker
WELCOME RESIDENTS: Barkley Square/Nesbitt Crossing

1. CEREMONIAL MATTERS
   1. OATH OF OFFICE – COUNCIL MEMBER BOMAR
      Judge Barrett will administer the oath of office to Councilmember Marsha Anderson Bomar for her four-year term for Post 1.
   2. EMPLOYEE RECOGNITION – JOHN KEATING
      The Mayor and Council to recognize Parks & Recreation employee John Keating for his American Heart Association “Heartsaver Hero Award” earned for saving the life of a local senior citizen by using the Heimlich maneuver.
   3. ACCEPTANCE OF DONATION –ARTWORK – DANIEL AUSTIN
      Daniel Austin, Artist, will present artwork to the City of Duluth.
2. CONSENT AGENDA
   1. APPROVAL OF JANUARY 11, 2010 MINUTES
3. NEW BUSINESS
   1. ACCEPTANCE OF FY09 AUDIT REPORT
      Finance Committee Chairman Bradley Carroll to present a recommendation for the acceptance of the FY09 Audit Report of the City’s financials, prepared by Mauldin & Jenkins and presented in detail to the Finance Committee on January 7, 2010.
4. PUBLIC HEARING
   1. ORDINANCE OF REZONING – R-100 to C-2 – CASE Z#0227-09
      MANTON BROTHERS, LLC . PARCELS 6-267-077 & 7-161-121
      This public hearing is to consider an ordinance of rezoning for parcel numbers 6-264-077 and 7-161-121 from R-100 Single-Family Residential to C-2 General Business District in order to operate a contractor’s office on the subject site by adapting and expanding an existing structure. The applicant is also seeking the following waivers.
      1. §2422.f, Outdoor Storage: The applicant is seeking to waive the provisions of the Downtown Overlay District that prohibit outdoor storage.
      2. §2418.b.1, Fencing Design Requirements: The applicant is seeking to waive the material requirements for fencing in the Downtown Overlay by utilizing a non-allowed construction material to build perimeter fencing around the rear portion of the property.
      3. §2414.b.1, Minimum Building Height: The applicant is seeking to waive the requirement that all development in the Downtown Overlay District contain buildings with a minimum height of 2-stories.
      4. §2415.b.9.c, Allowed Roofing Materials: The applicant is proposing to retain and expand the existing metal roof. This is not listed as an allowed roofing material in the Downtown Overlay District.

      The subject site was originally occupied by Gwinnett County Fire Station # 7 that was recently abandoned. The property was purchased by the applicant who desires to operate his landscaping business, ImageScapes, from the location. The proposed development is contained within a site with an area of +/- 1.94 acres along Duluth Highway. The plan calls for the adaptation and expansion of a single-story building with a current total floor area of 3,100 square feet. The proposed expansion totals 4,500 square feet thus making the total finished floor area of the building as shown on the plan 7,600 square feet. The plan also calls for the use of a lease area on the property adjacent to the north and owned by Georgia Power. The applicant is proposing to use this lease area as a location to park commercial vehicles such as landscaping trucks, front-end loaders and other materials related to the site and landscaping trade.

      The case was first minimally presented to the commission on November 16 with a recommendation to table the case to the December 7 meeting due to some outstanding comments on the plan. The case again appeared before the Planning Commission on December 7, 2009. The applicant presented his case and the attorney for two opposing parties (adjoining churches along Highway 120) spoke in opposition. The Planning Commission recommended denial of the request for rezoning by a 5-0 vote. Based upon this denial there was no formal action taken on the waiver requests.

5. MATTERS FROM CITIZENS
6. MATTERS FROM COUNCIL/DEPT HEADS/CITY ATTORNEY
7. ADJOURNMENT

POST COUNCIL MEETING WORK SESSION

1. BOARD APPOINTMENTS