City Council

www.peachtreecornersga.gov COUNCIL MEETING AGENDA Mike Mason, Mayor Phil Sadd – Post 1, Council Member Jeanne Aulbach – Post 4, Council Member Eric Christ – Post 2, Council Member Lorri Christopher – Post 5, Council Member Alex Wright – Post 3, Council Member Weare Gratwick – Post 6, Council Member November 19, 2019 COUNCIL AGENDA 7:00 PM PEACHTREE CORNERS CITY HALL – Council Chambers 310 TECHNOLOGY PARKWAY, PEACHTREE CORNERS, GA 30092 A) CALL TO ORDER B) ROLL CALL C) PLEDGE OF ALLEGIANCE D) MAYOR'S OPENING REMARKS E) CONSIDERATION OF MINUTES – October 20, 209 Council Minutes F) CONSIDERATION OF MEETING AGENDA G) PUBLIC COMMENTS H) PRESENTATIONS AND REPORTS 1. Proclamation Matt Houser I) CONSENT AGENDA 1. APH 2019-02-88 Consideration of approval of Alcoholic Beverage License Application for Fire & Stone Italian Pizza Kitchen, 5215 Town Center Blvd., Suite 610, Peachtree Corners, GA 30092. 2. APH-2019-02-89 Consideration of approval of Alcoholic Beverage License Application for Hampton Inn, 440 Technology Parkway, Peachtree Corners, GA 30092. J) PUBLIC HEARING 1. O2019-10-152 Second Read and Consideration of RZ2019-003 & V2019-005 Chabad Gwinnett, request to rezone 0.485 acres from R-100 to O-I with associated variances to allow for a new religious facility and adjacent parking lot at 5815 Crooked Creek Rd., Dist. 6, Land Lot 303, Peachtree Corners, GA. (DEFERRED BY APPLICANT) 2. O2019-10-153 Second Read and Consideration of an ordinance to amend O2016-O1-64, M1 Uses in the Central Business District. 3. O2019-12-157 First Read and Consideration of an Ordinance to amend Chapter 34 concerning irrigation systems. (Second Read and Public Hearing Dec. 17, 2019) 4. O2019-12-158 First Read and Consideration of an Ordinance to amend Chapter 18 to meet requirements of the Metro North Georgia Water Planning District related to litter control. (Second Read and Public Hearing Dec. 17, 2019) 5. O2019-12-154 First Read and Consideration of an Ordinance to amend Zoning Code Sec. 1310, M-1 Light Industry District, to add mobile restaurants as a permitted use within Technology Park within the Central Business District. (Second Read and Public Hearing Dec. 17, 2019) 6. O2019-12-155 First Read and Consideration of an Ordinance to approve a special use permit to accommodate a pawn shop in an existing shopping center at 7040 Jimmy Carter Blvd., Dist. 6, Land Lot 275, Peachtree Corners, GA. (Second Read and Public Hearing, Dec. 17, 2019) 7. O2019-12-156 First Read and Consideration of an Ordinance to modify a required buffer with associated variance for a new bank proposed at 4057 Holcomb Bridge Rd., Dist. 6, Land Lot 313, Peachtree Corners, GA. (Second Read and Public Hearing Dec. 17, 2019) K) ITEMS FOR CONSIDERATION 1. R2019-11-129 Consideration of a Resolution to extend the current Service Delivery Strategy Agreement through and until the time period allowed by the Department of Community Affairs, or until such time as another Service Delivery Strategy Agreement is approved, whichever period is shorter. 2. Action Item Consideration of declaring the property located at 3980 Fifth Street, Peachtree Corners, Georgia, a nuisance. L) CITY MANAGER UPDATES M) EXECUTIVE SESSION N) ADJOURNMENT 2019-11-19 COUNCIL MEETING AGENDA PAGE 2 OF 2  CITY OF PEACHTREE CORNERS COUNCIL MEETING MINUTES OCTOBER 22, 2019 @ 7:00PM The Mayor and Council of the City of Peachtree Corners held a Council Meeting at City Hall, 310 Technology Parkway, Peachtree Corners, GA, 30092. The following were in attendance: Mayor Mike Mason Council Member Phil Sadd – Post 1 Council Member Eric Christ – Post 2 Council Member Alex Wright – Post 3 Council Member Jeanne Aulbach – Post 4 Council Member Lorri Christopher – Post 5 Council Member Weare Gratwick – Post 6 City Manager Brian Johnson – via teleconference Ass. City Manager Brandon Branham City Clerk Kym Chereck City Attorney Bill Riley Comm. Dev. Dir Diana Wheeler Public Works Dir. Greg Ramsey Plann. & Zon. Admin. Jeff Conkle MAYORS OPENING REMARKS: Mayor Mason reminded everyone to vote in the Municipal Election. Mayor Mason informed everyone that there will be a Holiday Event at the new Town Center on Friday, December 6, 2019, which will be presented by the City and the Peachtree Corners Festival Committee. CONSIDERATION OF MINUTES: MOTION TO APPROVE THE MINUTES FROM THE SEPTEMBER 24, 2019 COUNCIL MEETING. By: Council Member Gratwick Seconded by: Council Member Christopher 2019-10-22 Council Meeting Minutes Page 1 of 5  Vote: (7-0) (Gratwick, Christopher, Mason, Sadd, Christ, Wright, Aulbach) CONSIDERATION OF MEETING AGENDA: MOTION TO ADD THE MINUTES FROM THE OCTOBER 8, 2019 WORK SESSION TO THE AGENDA. By: Council Member Christ Seconded by: Council Member Christopher Vote: (7-0) (Christ, Christopher, Mason, Sadd, Wright, Aulbach, Gratwick) CONSIDERATION OF MINUTES: MOTION TO APPROVE THE MINUTES FROM THE OCTOBER 8, 2019 WORK SESSION. By: Council Member Christ Seconded by: Council Member Sadd Vote: (7-0) (Christ, Sadd, Mason, Wright, Aulbach, Christopher, Gratwick) PUBLIC COMMENT: Mr. Randy Futrell of 4988 Dunwoody Club Drive, Peachtree Corners, informed the Mayor and Council that his property is in disarray due to the City of Peachtree Corners contracting with the City of Dunwoody to install sidewalks in front of home. Mr. Futrell stated that there was rebar left on his yard, grass planted with no irrigation which has since failed, and utilities lines dug up and put into piles. Mayor Mason apologized for the disarray and stated that Brian Johnson, City Manager, will take care of this issue. PUBLIC HEARING: O2019-09-151 Second Read and Consideration of RZ2019-002 & V2019-004, Mechanicsville Townhomes, request to rezone 12.487 acres from M-1 and R-75 to R-TH with associated variances to allow for a new townhouse development in the Mechanicsville area of the city, generally bounded by Jones Mill Road, Third Street, Florida Avenue, and Mechanicsville Road, Dist. 6, Land Lot 251, Peachtree Corners, GA. (Linked to R2019-10-128) 2019-10-22 Council Meeting Minutes Page 2 of 5 Mayor Mason opened the floor for public comment. There was no public comment. MOTION TO APPROVE APH 2019-09-151. By: Council Member Sadd Seconded: Council Member Christopher Vote: (7-0) (Sadd, Christopher, Mason, Christ, Wright, Aulbach, Gratwick) ITEMS FOR CONSIDERATION: R2019-10-128 Consideration of a Resolution of The City of Peachtree Corners, Georgia to vacate and sell certain portions of surplus city-owned rights-of-way located in Land Lot 251, 6th District, Gwinnett County, Georgia for the purpose of facilitating a new townhome development in the Mechanicsville neighborhood. (To be considered after O2019-09-151) MOTION TO APPROVE R2019-10-128. By: Council Member Gratwick Seconded: Council Member Sadd Vote: (7-0) (Gratwick, Sadd, Mason, Christ, Wright, Aulbach, Christopher) PUBLIC HEARING: O2019-07-148 Second Read and Consideration of an Ordinance of the City of Peachtree Corners, Georgia to amend the City of Peachtree Corners Code of Ordinances Chapter 42, Nuisances, by adding Article VI, Urban Camping, in order to prohibit certain activities within parks and greenspaces; repealing all conflicting ordinances; and setting an effective date. Mayor Mason opened the floor for public comment. There was no public comment. MOTION TO APPROVE O2019-07-148. By: Council Member Christ Seconded: Council Member Aulbach Vote: (7-0) (Christ, Aulbach, Mason, Sadd, Wright, Christopher, Gratwick) 2019-10-22 Council Meeting Minutes Page 3 of 5  O2019-08-150 Second Read and Consideration of an Ordinance to amend The City of Peachtree Corners Code of Ordinances Chapter 42, Nuisances, by revising specific sections of Articles I – IV; repealing all conflicting ordinances; and setting an effective date. Mayor Mason opened the floor for public comment. There was no public comment. MOTION TO APPROVE O2019-08-150. By: Council Member Christopher Seconded: Council Member Aulbach Vote: (7-0) (Christopher, Aulbach, Mason, Sadd, Christ, Wright, Gratwick) O2019-08-152 First Read and Consideration of RZ2019-003 & V2019-005 Chabad Gwinnett, request to rezone 0.485 acres from R-100 to O-I with associated variances to allow for a new religious facility and adjacent parking lot at 5815 Crooked Creek Rd., Dist. 6, Land Lot 303, Peachtree Corners, GA. (Second Read and Public Hearing November 19, 2019) O2019-10-153 First Read and Consideration of an ordinance to amend O2016-01-64, M1 Uses in the Central Business District. (Second Read and Public Hearing November 19, 2019) ITEMS FOR CONSIDERATION: ACTION ITEM Change Order – Gwinnett County 2014-SPLOST IGA MOTION TO APPROVE A CHANGE ORDER AS PRESENTED BY GREG RAMSEY, PUBLIC WORKS DIRECTOR, FOR THE GWINNETT COUNTY 2014-SPLOST IGA. By: Council Member Christ Seconded: Council Member Sadd Vote: (7-0) (Christ, Sadd, Mason, Wright, Aulbach, Christopher, Gratwick) 2019-10-22 Council Meeting Minutes Page 4 of 5  ACTION ITEM Consideration of authorizing the City Manager to execute a Shared Micromobility Device Operator Memorandum of Understanding between the City of Peachtree Corners and Tortoise, Inc. MOTION TO APPROVE AUTHORIZING THE CITY MANAGER TO EXECUTE A SHARED MICROMOBILITY DEVICE OPERATOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PEACHTREE CORNERS AND TORTOISE, INC. By: Council Member Christ Seconded: Council Member Sadd Vote: (7-0) (Christ, Sadd, Mason, Wright, Aulbach, Christopher, Gratwick) CITY MANAGER UPDATES: Brandon Branham, Assistant City Manager, informed the Mayor and Council that construction had started on the Town Center Townhomes. EXECUTIVE SESSION: There was no Executive Session. ADJOURNMENT: MOTION TO ADJOURN AT 8:32 PM. By: Council Member Sadd Seconded by: Council Member Christopher Vote: (7-0) (Sadd, Christopher, Mason, Christ, Wright, Aulbach, Gratwick) Approved, Attest: _______________________________ _______________________________ Mike Mason, Mayor Kymberly Chereck, City Clerk (Seal) 2019-10-22 Council Meeting Minutes Page 5 of 5 APH 2019-02-88 To: Mayor and City Council Cc: Brian Johnson, City Manager From: Brandon Branham, Assistant City Manager Date: November 19, 2019, City Council Meeting Agenda Item: APH 2019-02-88 Approval of Alcoholic Beverage License Application for Fire & Stone Italian Pizza Kitchen, 5215 Town Center Blvd, Ste 610, Peachtree Corners, GA 30092 Applicant John F. Doris is applying for a Consumption on Premises – Wine, Malt Beverage & Distilled Spirits Staff Recommendation: Approve the application for Consumption on Premises – Wine, Malt Beverage & Distilled Spirits. Fire & Stone Italian Pizza Kitchen, 5215 Town Center Blvd, Ste 610, Peachtree Corners, GA 30092 Background: Applicant submitted a completed application on October 23rd, 2019. Required advertising for the application was published in the Gwinnett Daily Post on November 6th and November 13th, 2019. Applicant has passed the background investigation and meets all requirements. Discussion: New Staff has reviewed this application and recommends approval. Alternatives: None APH 2019-02-89 To: Mayor and City Council Cc: Brian Johnson, City Manager From: Brandon Branham, Assistant City Manager Date: November 19, 2019, City Council Meeting Agenda Item: APH 2019-02-89 Approval of Alcoholic Beverage License Application for Hampton Inn, 440 Technology Pkwy Peachtree Corners, GA 30092 Applicant Cody Perkins is applying for a Consumption on Premises/Retail Package – Wine and Malt Beverage Staff Recommendation: Approve the application for Consumption on Premises – Wine and Malt Beverage. Hampton Inn, 440 Technology Pkwy Peachtree Corners, GA 30092 Background: Applicant submitted a completed application on October 31st, 2019. Required advertising for the application was published in the Gwinnett Daily Post on November 6th and November 13th, 2019. Applicant has passed the background investigation and meets all requirements. Discussion: New Staff has reviewed this application and recommends approval. Alternatives: None O2019-10-153 CITY OF PEACHTREE CORNERS COUNTY OF GWINNETT, STATE OF GEORGIA ORDINANCE 2019-10-153 AN ORDINANCE TO AMEND CITY OF PEACHTREE CORNERS ZONING RESOLUTION ART. XII AND O2016-01-64, BY AMENDING SEC. 1310, M-1, LIGHT INDUSTRY DISTRICT, REGARDING PROHIBITED M-1 USES WITHIN THE CENTRAL BUSINESS DISTRICT; REPEALING CONFLICTING REGULATIONS; AND SETTING AN EFFECTIVE DATE WHEREAS, the Mayor and Council of the City of Peachtree Corners are charged with the protection of the public health, safety, and welfare of the citizens of Peachtree Corners; and WHEREAS, pursuant to Section 1.12(a) of the City Charter, the City is charged with exercising the powers of zoning; and WHEREAS, the Mayor and Council desire to amend the 2012 Zoning Resolution and Ordinance 2016-01-64; NOW THEREFORE, the Council of the City of Peachtree Corners hereby ordains, as follows: Section 1: The City of Peachtree Corners 2012 Zoning Resolution and Ordinance 2016-01- 64 shall be amended by adding the following (underlined words): SECTION 1310 M-1 LIGHT INDUSTRY DISTRICT Permitted Uses Only the following uses shall be permitted within the M-1 Light Industry District and no structure shall be erected, structurally altered or enlarged for any use other than as permitted herein with the exception of a) uses lawfully established prior to the effective date of this amendment, b) special uses as permitted herein, c) accessory uses as defined in Article III, Definitions, d) other uses which are clearly similar to and consistent with the purpose of this district, or e) limited uses (listed at the end of this section) for property located within the Central Business District (see CBD boundary map). Permitted Uses within the Central Business district (see CBD boundary map) a) All permitted M-1 uses shall be allowed on M-1 zoned property in the Central Business District except the following: Automobile Body Repair Shop Maintenance Shop (automobile fleet Automobile Repair Shop vehicles) Baking Plant Mini-Warehouse or Self-Storage facility Cold Storage Plant Outdoor Storage Funeral Homes and Crematories Oversized Signs and Billboards Ice Manufacturing/Packing Plant Plastics Extrusion Plant Laundry / Dry Cleaning Plant (does not Recovered Materials Processing Facility apply to retail pick-up facility) Sexually Oriented Businesses Soft Drink Bottling/ Distribution Plant CITY OF PEACHTREE CORNERS COUNTY OF GWINNETT, STATE OF GEORGIA ORDINANCE 2019-10-153 Truck Rental or Leasing Truck Fleet Maintenance Shop b) Businesses with an active business license that operate a use listed in a) shall be considered a legal, non-conforming use and may continue to operate for as long as the business license stays active and the business is not discontinued for six months or longer. c) Uses listed in a) that were authorized by zoning hearing, building permit, land disturbance permit or other similar approval, shall be void if the use did not become operational as evidenced by the issuance of a sign permit or business license by 12/31/19. Section 2 All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Effective this 19th day of November 2019. Approved by: _______________________ _________________________ Kym Chereck, City Clerk Mike Mason, Mayor SEAL O2019-12-157  STATE OF GEORGIA CITY OF PEACHTREE CORNERS ORDINANCE 2019-12-157 AN ORDINANCE OF THE CITY OF PEACHTREE CORNERS, GEORGIA, TO AMEND THE CITY OF PEACHTREE CORNERS CODE OF ORDINANCES CHAPTER 34, LAND DEVELOPMENT REGULATIONS, IN ORDER TO AMEND ARTICLE VI, UTILITIES AND EASEMENTS; AMEND CONFLICTING ORDINANCES; ESTABLISH SEVERABILITY; AND SET AN EFFECTIVE DATE. WHEREAS, the Mayor and Council of the City of Peachtree Corners are charged with the protection of the public health, safety, and welfare of the citizens of Peachtree Corners; and WHEREAS, Chapter 34, Land Development Regulations, of the Code of Ordinances provides rules, regulations, requirements, and standards for the development of land within the city; and WHEREAS, the Mayor and Council desire to stay compliant with the rules and regulations of the Metropolitan North Georgia Water Planning District; WHEREAS, the Mayor and Council desire to amend Chapter 34, Land Development Regulations, in order to require new irrigation systems to install rain sensor shutoff switches; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia that The City of Peachtree Corners Code of Ordinances is hereby amended as follows (words struck through are removed and words underlined are added): Sec. 34-156. - Water system and fire hydrants. (a) Connection of public water main required. The developer shall install or have installed a system of water mains connected to a public water supply system in accordance with the requirements of the authority having jurisdiction. (b) Water, fire hydrants, etc., to be designed according to applicable standards, and plans and specifications. All water mains, fire hydrants and appurtenances shall be designed in accordance with the policies, standards, plans and specifications of the city fire prevention ordinance and the water system having jurisdiction. Where jurisdiction resides with the city water system, the public water mains and appurtenances shall be designed by the city water system upon submittal of the development plans for the project. (c) Water mains to be installed after curbs but before paving. Within the city water system jurisdiction, water mains and appurtenances shall be installed after installation of the curbs and gutters and before paving, or after staking of the curbline and submission to the water system of an as-graded survey of the street profile accompanied by a certification executed by the owner as required by the water system that the subgrade will not change. Water mains shall be relocated as necessary to meet water system regulations prior to approval of development conformance, if improperly located to final curb line or grade. VOTE: YNA Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick  STATE OF GEORGIA CITY OF PEACHTREE CORNERS ORDINANCE 2019-12-157 (d) [Operational recycled water systems.] All new commercial conveyor car washes, permitted and constructed after July 18, 2017 must install operational recycled water systems. A minimum of 50 percent of water utilized will be recycled. A conveyor car wash means a commercial car wash where the car moves on a conveyor belt during the car wash. The driver of the vehicle can remain in the vehicle or wait outside of the vehicle. (e) All new landscape irrigation systems shall be installed with a rain sensor shutoff switch. (e) (f) Outdoor water waste is prohibited. Outdoor water waste means the excessive application of water that results in water flowing down any curb and gutter, street or storm drain or onto an adjacent property, and shall include the unnecessary loss of water through improper application or failure of an outdoor irrigation or plumbing system resulting in excessive runoff. Activities subject to a violation include without limitation: (1) A broken irrigation system (missing heads, broken pipes, etc.) (2) Excessive runoff such as water running down the driveway, street or sidewalk. (3) A hose running unattended without a shutoff nozzle. (4) A visible and unrepaired leak more than one gallon per minute. Effective Date. This Ordinance shall become effective immediately upon its adoption. SO ORDAINED AND EFFECTIVE, this ___ day of ________________, 20__. Approved: _______________________________ Mike Mason, Mayor ATTEST: ____________________________(SEAL) Kym Chereck, City Clerk VOTE: YNA Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick O2019-12-158  STATE OF GEORGIA CITY OF PEACHTREE CORNERS ORDINANCE 2019-12-158 AN ORDINANCE OF THE CITY OF PEACHTREE CORNERS, GEORGIA, TO AMEND THE CITY OF PEACHTREE CORNERS CODE OF ORDINANCES CHAPTER 18, ENVIRONMENT, IN ORDER TO ADD ARTICLE VIII, LITTER CONTROL; AMEND CONFLICTING ORDINANCES; ESTABLISH SEVERABILITY; AND SET AN EFFECTIVE DATE. WHEREAS, the Mayor and Council of the City of Peachtree Corners are charged with the protection of the public health, safety, and welfare of the citizens of Peachtree Corners; and WHEREAS, Chapter 18, Environment, of the Code of Ordinances provides rules, regulations, requirements, and standards for the protection of the natural environment of the city; and WHEREAS, the Mayor and Council desire to stay compliant with the rules and regulations of the Metropolitan North Georgia Water Planning District; WHEREAS, the Mayor and Council desire to amend Chapter 18, Environment, in order to establish a Litter Ordinance; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia that The City of Peachtree Corners Code of Ordinances is hereby amended as follows: Article VIII. – LITTER CONTROL Section 18-214. - Description Litter found throughout our community often finds its way into our streams, rivers and lakes and detracts from our quality of life. Pollutants carried into our streams, rivers, and lakes by litter, diminish the quality of our water and its aquatic resources. Litter control ordinances provide a prohibition against littering and provide an enforcement mechanism with penalties for dealing with those found littering. This ordinance is modeled on the “Georgia Litter Control Law” (O.C.G.A. § 16-7-40 et. seq.) and adoption of this ordinance is authorized by O.C.G.A. § 16-7-48. Section 18-215. – Purpose and Intent The purpose of this ordinance is to protect the public health, safety, environment, and general welfare through the regulation and prevention of litter. The objectives of this ordinance are: (1) Provide for uniform prohibition throughout the City of Peachtree Corners of any and all littering on public or private property; and, VOTE: YNA Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick  STATE OF GEORGIA CITY OF PEACHTREE CORNERS ORDINANCE 2019-12-158 (2) Prevent the desecration of the beauty and quality of life of the City of Peachtree Corners and prevent harm to the public health, safety, environment, and general welfare, including the degradation of water and aquatic resources caused by litter. Section 18-216. – Applicability This ordinance shall apply to all public and private property within the City of Peachtree Corners. Section 18-217. – Compatibility with other regulations This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, stature, or other provision of law. The requirements of this ordinance should be considered minimum requirements, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence. Section 18-217. – Severability If the provisions of any article, section, subsection, paragraph, subdivision or clause of this ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this ordinance. Section 18-218. – Definitions Litter means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and description which are not "waste" as such term is defined in O.C.G.A., §16-7-51, paragraph 6. Public or private property means the right of way of any road or highway; any body of water or watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or recreation area; timberlands or forests; and residential, commercial, industrial, or farm properties. Section 18-219. – Prohibition against littering public or private property or waters It shall be unlawful for any person or persons to dump, deposit, throw or leave or to cause or permit the dumping, depositing, placing, throwing or leaving of litter on any public or private property in this City of Peachtree Corners or any waters in this City of Peachtree Corners unless: VOTE: YNA Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick  STATE OF GEORGIA CITY OF PEACHTREE CORNERS ORDINANCE 2019-12-158 (1) The property is designated by the State or by any of its agencies or political subdivisions for the disposal of such litter, and such person is authorized by the proper public authority to use such property; (2) The litter is placed into a receptacle or container installed on such property; or, (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession, or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. Section 18-220. – Vehicle Loads Causing Litter No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of materials from such load onto the roadway. Section 18-221. – Violations It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this ordinance. Any person who has violated or continues to violate the provisions of this ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise sentenced in a manner provided by law. Section 18-222. – Evidence (1) Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane, or other conveyance in violation of this ordinance, it shall be prima facie evidence that the operator of the conveyance has violated this ordinance. (2) Except as provided in subsection (1), whenever any litter which is dumped, deposited, thrown or left on public or private property in violation of this ordinance is discovered to contain any article or articles, including but not limited to letters, bills, publications or other writing which display the name of the person thereon in such a manner as to indicate that the article belongs or belonged to such person, it shall be a rebuttable presumption that such person has violated this ordinance. Section 18-223. – Penalties Any person who violates this ordinance shall be guilty of a violation and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less than $200 and not more than $1,200; and (2) In addition to the fine set out in subsection 1 above, the violator shall reimburse the City of Peachtree Corners for the reasonable cost of removing the litter when the VOTE: YNA Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick  STATE OF GEORGIA CITY OF PEACHTREE CORNERS ORDINANCE 2019-12-158 litter is or is ordered removed by the City of Peachtree Corners and (3) In the sound discretion of the court, the person may be directed to pick up and remove from any public street or highway or public right-of way for a distance not to exceed one mile any litter he has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (4) In the sound discretion of the court, the person may be directed to pick up and remove any and all litter from any public property, private right-of-way, or with prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that he has deposited litter. Pick up and removal shall include any and all litter deposited thereon by anyone prior to the date of execution of sentence; and, (5) The court may publish the names of persons convicted of violating this ordinance. Section 18-224. – Enforcement All law enforcement agencies, officers and officials of this state or any political subdivision thereof, or any enforcement agency, officer or any official of any commission of this state or any political subdivision thereof, are hereby authorized, empowered and directed to enforce compliance with this article. Section 18-225. – Effective Date This Ordinance shall become effective immediately upon its adoption. SO ORDAINED AND EFFECTIVE, this ___ day of ________________, 20__. Approved: _______________________________ Mike Mason, Mayor ATTEST: ____________________________(SEAL) Kym Chereck, City Clerk VOTE: YNA Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick O2019-12-154  STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2019-11-154 AN ORDINANCE OF THE CITY OF PEACHTREE CORNERS, GEORGIA TO AMEND ARTICLE III OF THE CITY OF PEACHTREE CORNERS ZONING RESOLUTION BY AMENDING DEFINITIONS TO DEFINE MOBILE RESTAURANTS AND TO AMEND ARTICLE XIII OF THE CITY OF PEACHTREE CORNERS ZONING RESOLUTION BY AMENDING ZONING CODE SEC. 1310, M-1 LIGHT INDUSTRY DISTRICT TO ADD MOBILE RESTAURANTS AS A PERMITTED USE WITHIN THE CENTRAL BUSINESS DISTRICT; REPEALING ALL CONFLICTING ORDINANCES; AND SETTING AN EFFECTIVE DATE WHEREAS, the Mayor and Council of the City of Peachtree Corners are charged with the protection of the public health, safety, and welfare of the citizens of Peachtree Corners; and WHEREAS, pursuant to Section 1.12(a) of the City Charter, the City is charged with exercising the powers of zoning; and WHEREAS, Notice to the public regarding said public hearing has been duly published in The Gwinnett Daily Post, the Official News Organ of Peachtree Corners; and WHEREAS, the Mayor and Council desire to amend the current zoning resolution; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia that the Zoning Resolution be amended as follows: Section 1. (words struck through are deleted and words underlined are added) ARTICLE III, DEFINITIONS … Mobile restaurant. A commercial kitchen within a licensed and operable commercial motor vehicle whose method of operation is temporary and transient and involves the preparation and sale of food and/or beverages in a ready-to-consume state for consumption either on or off the premises, but not within the vehicle. … ARTICLE XIII, USE PROVISIONS … Section 1310. M-1 Light Industry District. … Permitted Uses. Only the following uses shall be permitted within the M-1 Light Industry District and no structure shall be erected, structurally altered or enlarged for any use other than as permitted herein with the exception of a) uses lawfully established prior to the effective date of this VOTE: YNA Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick  STATE OF GEORGIA COUNTY OF GWINNETT CITY OF PEACHTREE CORNERS ORDINANCE 2019-11-154 amendment, b) special uses as permitted herein, c) accessory uses as defined in Article III, Definitions, d) other uses which are clearly similar to and consistent with the purpose of this district, or e) uses (listed at the end of this section) for property located within the Central Business District (see CBD boundary map). … Uses within the Central Business District (see CBD boundary map) … d) In addition to all otherwise permitted M-1 uses, the following additional uses shall also be permitted on M-1 zoned property in the Central Business District: Restaurants, without drive-throughs, when integrated into a building housing other permitted uses and when such restaurant comprises no more than 25% of the overall floor area of the building. Mobile restaurants, provided the following condition are met: 1. The property is zoned M-1 and is located within Technology Park (see Technology Park boundary map). 2. No property shall have more than three mobile restaurants at any one time. 3. The mobile restaurants shall be readily moveable and not affixed to the ground. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. SO ORDAINED AND EFFECTIVE, this ___ day of ________________, 20__. Approved: _______________________________ Mike Mason, Mayor ATTEST: ____________________________(SEAL) Kym Chereck, City Clerk VOTE: YNA Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick O2019-12-155  STATE OF GEORGIA ORDINANCE 2019-11-155 GWINNETT COUNTY CITY OF PEACHTREE CORNERS AN ORDINANCE TO AMEND THE CITY OF PEACHTREE CORNERS ZONING MAP PURSUANT TO SUP2019-002, PAWN SHOP, REQUEST TO APPROVE A SPECIAL USE PERMIT TO ACCOMMODATE A PAWN SHOP IN AN EXISTING SHOPPING CENTER AT 7040 JIMMY CARTER BLVD., DIST. 6, LAND LOT 275, PEACHTREE CORNERS, GA. WHEREAS: Notice to the public regarding said public hearing has been duly published in The Gwinnett Daily Post, the Official News Organ of Peachtree Corners; and WHEREAS: Public Hearings were held by the Mayor and City Council of Peachtree Corners on October 22, 2019 and November 19, 2019; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia while in Regular Session on November 19, 2019 that Zoning Case SUP2019-002, Pawn Shop, is hereby approved for the above referenced property with the following enumerated conditions: 1. Pawn shop, as a special use, shall be added to the shopping center and limited to the designated location, 7040 Jimmy Carter Boulevard, Suite 4, shown on the site plan provided with this application. 2. No outdoor sales, display, or storage shall be permitted. 3. Except for a ‘grand opening’ type banner issued in accordance with sign ordinance requirements, no other temporary advertising such as balloons, tents, or flags shall be permitted. 4. Signage shall be limited to the following: one wall sign no greater than 36 sq. ft. in area on the front of the building; one “open” sign no greater than 3 sq. ft. located in the storefront area; and one sign slot in the monument sign for the shopping center. 5. Except for the ‘open’ sign, no signage shall be placed in the windows and no signage shall be placed on the roof. Effective this 19th day of November, 2019. So Signed and Witnessed Approved : this _______day of __________, 2019 Attest: _______________________ ___________________________ Kymberly Chereck, City Clerk Mike Mason, Mayor VOTE: Y N A Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick O2019-12-156  STATE OF GEORGIA ORDINANCE 2019-11-156 GWINNETT COUNTY CITY OF PEACHTREE CORNERS AN ORDINANCE TO AMEND THE CITY OF PEACHTREE CORNERS ZONING MAP PURSUANT TO PH2019-006 & V2019-006, CHASE BANK, REQUEST TO MODIFY A REQUIRED BUFFER WITH ASSOCIATED VARIANCE FOR A NEW BANK PROPOSED AT 4057 HOLCOMB BRIDGE RD., DIST. 6, LAND LOT 313, PEACHTREE CORNERS, GA WHEREAS: Notice to the public regarding said public hearing has been duly published in The Gwinnett Daily Post, the Official News Organ of Peachtree Corners; and WHEREAS: Public Hearings were held by the Mayor and City Council of Peachtree Corners on October 22, 2019 and November 19, 2019; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Peachtree Corners, Georgia while in Regular Session on November 19, 2019 that Zoning Case PH2019-006 & V2019-006, Chase Bank, is hereby approved for the above referenced property with the following enumerated conditions: 1. The property shall be developed in substantial compliance with the plan dated 10-02- 2019. 2. Approval of the buffer reduction and setback variances is limited to those shown on the plan dated 10-02-2019. 3. The remaining area behind the drive-through lane and adjacent to the residential property shall be fully replanted as a densely-vegetated buffer in accordance with the Landscape & Buffer Plan dated 10-29-2019. 4. The 10’ landscape strip on the other three sides shall be planted in compliance with City regulations. 5. The property shall comply with all Activity Center/Corridor Overlay requirements. 6. The existing pylon sign at the corner of Holcomb Bridge Road and Spalding Drive shall be removed and shall not be reused by Chase Bank. All new signage shall comply with the requirements of the City’s Sign Ordinance and Activity Center/Corridor Overlay. Effective this 19th day of November, 2019. So Signed and Witnessed Approved : this _______day of __________, 2019 Attest: _______________________ ___________________________ Kymberly Chereck, City Clerk Mike Mason, Mayor VOTE: Y N A Sadd / Y N A Christ / Y N A Wright / Y N A Mason / Y N A Aulbach / Y N A Christopher / Y N A Gratwick R2019-11-129 STATE OF GEORGIA GWINNETT COUNTY RESOLUTION 2019-11-129 A RESOLUTION OF THE CITY OF PEACHTREE CORNERS, GEORGIA TO EXTEND THE CURRENT SERVICE DELIVERY STRATEGY AGREEMENT THROUGH AND UNTIL THE TIME PERIOD ALLOWED BY THE DEPARTMENT OF COMMUNITY AFFAIRS, OR UNTIL SUCH TIME AS ANOTHER SERVICE DELIVERY STRATEGY AGREEMENT IS APPROVED, WHICHEVER PERIOD IS SHORTER. WHEREAS, the Georgia General Assembly in 1997 adopted legislation governing service delivery in Georgia which is codified in Chapter 70 of Title 36 of the Official Code of Georgia Annotated; and WHEREAS, the intent of this law is to minimize any inefficiencies resulting from duplication of services and competition between local governments and to provide a mechanism to resolve disputes over local government service delivery, funding equity, and land use; and WHEREAS, the County and all of the municipalities located wholly or partially within Gwinnett County have developed and are currently operating under a Service Delivery Strategy Agreement that was finalized on February 7, 2012; and WHEREAS, this Service Delivery Strategy Agreement was last amended in 2014 to add the City of Peachtree Corners following the City’s incorporation and transition period; and WHEREAS, pursuant to the Service Delivery Act, Gwinnett County’s current Service Delivery Strategy Agreement must be revised and a new Service Delivery Strategy Agreement adopted; and WHEREAS, the County and the municipalities have worked diligently and reached agreement on the majority of services covered within the County’s Service Delivery Strategy Agreement with only a few remaining services unresolved but active discussions continue on these remaining services; WHEREAS, the County and the municipalities located wholly or partially within Gwinnett County believe it prudent to request that the existing Service Delivery Strategy Agreement continue in full force and effect until such time as a new Agreement is finalized and adopted by the County and the municipalities; and WHEREAS, the County believes continuing the existing Service Delivery Strategy is appropriate in order to ensure that the County and the municipalities remain entitled to receive any and all grants and/or funding that may otherwise be available from the State; and Page 1 of 2 STATE OF GEORGIA GWINNETT COUNTY RESOLUTION 2019-11-129 WHEREAS, the City desires to finalize a new Service Delivery Strategy Agreement expediently and only extend the existing Service Delivery Strategy Agreement for that period authorized by the Georgia Department of Community Affairs, or until another new Agreement is adopted, whichever period is shorter. NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Peachtree Corners is hereby authorized to request an extension of Gwinnett County’s existing Service Delivery Strategy Agreement through and until the time period allowed by the Department of Community Affairs, or until such time as another Service Delivery Strategy Agreement is approved, whichever period is shorter. IT IS FURTHER RESOLVED that the Mayor of the City of Peachtree Corners is hereby also authorized to execute any and all documents necessary to comply with the Service Delivery Strategy law or required by the Department of Community Affairs to effectuate such extension, subject to approval as to form by the City Attorney. This 19th day of November, 2019. MAYOR: BY: MIKE MASON ATTEST: BY: (SEAL) KYM CHERECK, CITY CLERK Page 2 of 2 Action Item From: Hercilia Morrow To: Philomena Robertson Cc: Tamara Solomon Subject: Homeless Guy Date: Monday, November 4, 2019 3:09:17 PM Attachments: image001.png Hello, Today I received a phone call (complaint) from Patricia Gault owner of K&S Countertops at 6915 Gilliland Lane. She that the situation with the homeless guy staying on the vacant lot at the corner of Gilliland Ln and 5th Street is getting out of hand. He has trash and debris all the way out to the curb and his two pit bulls are terrorizing the neighborhood, especially her business. There was an incident last week when the pit bulls gain access to the interior of their suite and were running around inside the suite and now customers and employees don’t feel safe . She would like to know status of the case and how the city is addressing the situation because the situation is progressively getting worst. Contact Information: BUSINESS: K&S Countertops at 6915 Gilliland Ln, Peachtree Corners, GA 30092 770-559-0429 Business) 706-362-6148 (Patricia) From: Tamara Solomon To: Philomena Robertson Subject: 3980 Fifth St Parcel #R6251A002 Date: Monday, November 4, 2019 11:22:39 AM Attachments: image001.png image002.png image003.png image004.png image005.png image006.png Phil, Ms. Denise would like to know what is the update for 3980 Fifth St Parcel, see below inquiry: My name is Denise Gilleland and I reside at 4256 Gilleland Ln., cell # 678-986-3931. The address listed above for parcel #R6251A002 is a vacant property that has been over grown for years as the property owners have not maintained it. I know that the property taxes have not been paid for this parcel since 2016 (2017, 2018 and 2019 are unpaid). The issue is for the past 8 years there is a white male vagrant that has been staying on this property. The only building structure on this property is a concrete block storage bldg with a make shift door. This vagrant is a menace to society. He has (2) pit bulldogs that he keeps in this bldg and they bark constantly. He also lets them run loose. I have had numerous encounters with these dogs as to where they have chased me into my house and jumped on my storm door at me. They tried climbing over my chain link fence after me & my dog in my backyard. The latest incident where these dogs were running loose in the street is on 10/05/19. The man was calling for them but they were running loose. These dogs are aggressive as well as this man. He is often walking the streets intoxicated and yelling obscene words. He is burning up there in the wooded lot and has caught the property on fire twice this year.I have called 911 and a neighbor has called 911 for both incidents. I have contacted 911 & Animal Control several times over the years about the vagrant & the dogs and all they keep telling me is that the property owner has to be the one to have them removed. That legally, they can't do it. The taxes have not been paid since 2016 so who is the property owner? Why is it that this vagrant has more rights than I do? I should not have to live in fear of being attacked by these vicious dogs. I can't do anything in my own yard because of this. I am in fear that he is going to catch the woods on fire and it will catch my home or property on fire. I need someone to contact me about this situation. What do I need to do to have this situation resolved? Contacting Animal Control and the Gwinnett County Police. Today: What is the status on this complaint? I had an incident Sunday 11/03/19 with the (2) pit bull dogs running loose and the vagrant owner was walking up & down the street calling for them. One of the dogs (the black & white one) was chasing a boy that was riding on a skateboard. What steps can I take to have these dangerous dogs picked up from this vacant property? Denise Gilleland denisegilleland@bellsouth.net 678-986-3931 Thank you and have a nice day . Tamara Solomon Clerk of Court Code Enforcement Coordinator 310 Technology Parkway Peachtree Corners, GA 30092 470-395-7024 Direct 678-691-1200 City Hall peachtreecornersga.gov