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City of Lilburn
City Council Meeting Agenda


September 10, 2018 at 7:30 p.m.
Lilburn City Hall, 340 Main St., Lilburn, GA 30047

Council Members:
Johnny Crist, Mayor
Brian Burchik, Post 1
Scott Batterton, Post 2
Eddie Price, Post 3
Tim Dunn, Post 4
I.

Executive Session (if necessary)

II.

Call to Order

III.

Roll Call

IV.

Pledge to the Flag

V.

Approval of Agenda

VI.

Announcements

1.

"Remembering Our Fallen" Traveling Photo Memorial of Georgia's Fallen

The traveling photo memorial wall of Georgia's Fallen will be on display in the lobby of the Lilburn City Hall-Library from September 10-14.

Memorial viewing times are:
  • Monday, September 10; 10 a.m.-8 p.m.
  • Tuesday, September 11; 8:30 a.m.-8 p.m.
  • Wednesday, September 12; 8:30 a.m.-8 p.m.
  • Thursday, September 13; 8:30 a.m.-8 p.m.
  • Friday, September 14; 8:30 a.m.-3 p.m.
For more information please visit the City website.
2.

City Events

  • Lilburn Food Truck Tuesday - September 11, 2018, 5:00 PM - 8:00 PM @ City Park
  • Lilburn Daze Arts & Crafts Festival - October 13, 2018, 9:00 AM - 5:00 PM @ City Park
VII.

Ceremonial Matter

VIII.

Public Comment

IX.

Approval of Minutes

1.

City Council Draft Minutes for August 13, 2018

Department:
City Hall
Presenter:
Melissa Penate, City Clerk
Staff Recommendations:
Motion to approve the City Council Meeting Minutes from August 13, 2018
Mayor's Signature Required:
Yes
Documents:
  1. 8_13_2018 - Minutes.pdf
X.

Public Hearing

1.

RZ-2018-02 from CB, Commercial Business to IA, Industrial Activity to allow the auto service, repair, and tow service, and the overflow parking area as short term impound lot on approximately 4 acres of property at 313 Luxomni Road, being identified as Tax Parcels R6150 004.

ZONING HISTORY
The subject property is commercially zoned with SUP and history of auto service uses.  It was re-developed in 2014 as an auto auction center with 12,400+/- s.f. building to be utilized for office and warehouse space, and an expansion of the same owner’s nearby auto sales business. The proposed additional auto related uses require IA zoning and location compatibility review. 

APPLICANT’S INTENT
The property owner intends to lease the inventory/overflow parking area and first floor building space to a full service auto center including repair, towing and impound lot. For additional detail, see applicant’s letter of intent and supplemental information (PC meeting minutes).

ANALYSIS OF REZONING REQUEST
The subject property is within the US 29 Commercial Corridor with 188+ feet of road frontage on Luxomni Road.  The surrounding zoning is made up of CB (restaurants and a variety of retail businesses including auto sales and tire service), as well as O-I and IA zoning (Church property).  Along Luxomni Road there are several properties zoned IA that include a tow/wrecker service business and heavy commercial truck assembly facility, that pre-exist the US 29 Overlay.  

According to the Zoning Ordinance 405-1 Purpose and intent. The purpose of the IA district is twofold: to provide suitable areas for service-oriented business, and industrial operations and processes integrated with office and/or showroom uses, and related ancillary retail and service activities, with a minimum of interference from traffic and conflicting uses; and to provide and protect areas for processing, fabricating, manufacturing, warehousing, and research industrial uses which do not create noise, odor, smoke, vibration, dust or other emissions and which do not possess other objectionable characteristics that might be detrimental to surrounding neighborhoods or other uses permitted in the district.

The building was constructed in accordance with US 29 Overlay requirements, with rear service bay access and natural buffers 5-30’ in width that screen the inventory parking area from public right of ways.  But a towing service and impound lot cannot be accommodated in CB district and tow service with any term auto storage requires Industrial Activity zoning, supplemental screening from public view, and location compatibility review.  With all service and repair work kept inside the building, the site could be conditionally approved to accommodate the proposed uses. 

Based upon the Criteria for Amendments to the Official Zoning Map, and the above considerations, the Planning Commission recommended APPROVAL of the request for rezoning to IA with Conditions of RZ-2018-02 as follows:
  1. Inoperable vehicles, damaged vehicles and vehicles awaiting repair shall be enclosed in the building or within the impound parking area and screened from public view. Vehicles leaking fluids shall be stored in the building with approved oil/grit separator.
  2. No body or paint repair or major vehicle overhaul/conversions. 
  3. No dismantling or salvage.
  4. Any manufacturing, processing, assembly, fabrication, servicing (including washing of vehicles), and repair operations are carried out within an entirely enclosed building. (per Table 4.4 Design Criteria for nonresidential Zoning Districts)
  5. Tow service impound parking area shall be designated behind the building and shall be screened from view from all public rights of way.  Existing vegetated buffers include 20’ side buffer adjacent to CB zoning, 25’ rear buffer adjacent to OI zoning along the rear property line (west), and 10’-20 side buffer adjacent to IA zoning, and shall be preserved to visibly screen the impound lot from view.  No reduction of or encroachment into buffers shall be permitted without plan approval by the Planning & Economic Development Department, showing minimum zoning buffers and installation of opaque privacy fence, minimum 8’ in height.
  6. Tow service impound parking area shall be secured with fencing minimum 6’ in height with gate to access the stormwater management facility per the BMP Access Easement Agreement.  If chain link fence is utilized, it shall be vinyl coated black, brown or green in color. 
  7. Building and site must comply with Gwinnett County sanitary sewer regulations as adopted by City of Lilburn. 

Public Hearing (Y/N)
Y
Department:
Planning & Economic Development
Presenter:
Doug Stacks, Director of Planning & Economic Development
Staff Recommendations:
A motion to approve Ordinance No. 2018-524 approving RZ-2018-02 with conditions
Mayor's Signature Required:
Yes
Documents:
  1. Public Hearing Item 1 - AGENDA FORM - RZ-2018-02 313 Luxomni IA Auto Center and Impound.pdf
  2. Public Hearing Item 1 - ATTACH 1 - RZ-2018-02 Application w LOI1.pdf
  3. Public Hearing Item 1 - ATTACH 2 - RZ-2018-02 Staff Report.pdf
  4. Public Hearing Item 1 - ATTACH 3 - RZ-2018-02 PC Mtg Minutes with Supplemental Info.pdf
  5. Public Hearing Item 1 - ATTACH 4 - Legal Ad PENATE-11-561295-1.pdf
  6. Public Hearing Item 1 - ATTACH 5 - Ordinance 2018-524 RZ-2018-02.pdf
XI.

Agenda

1.

Amendment, Chapter 6, Alcoholic Beverages – Allowance of ownership of two Package Store licenses with the City of Lilburn

Staff recommends revisions of the Alcoholic Beverage Ordinance to mirror State law as to Package Store ownership. Recommended amendment/addition would allow one owner to hold no more than two package store licenses within the City of Lilburn.

Ordinance 2018-525, deletes Section 6-63(o)(1) of the Alcoholic Beverage Ordinance and substitute with Section 6-63(o)(1)(a), to allow ownership of no more than two licenses within the City to engage in the business of selling distilled spirits by the package at retail.
Public Hearing (Y/N)
N
Department:
City Manager
Presenter:
Bill Johnsa, City Manager
Staff Recommendations:
Motion to approve Ordinance 2018-525, deleting Sec. 6-63(o)(1) of the Alcoholic Beverage Ordinance, and substitute with Sec. 6-63(o)(1)(a) .
Department Head Approval:
B. Johnsa
Mayor's Signature Required:
Yes
Documents:
  1. Agenda Item 1- AGENDA FORM - ABO Package Store licensing.pdf
  2. Agenda Item 1 - ATTACH 1 - Ordinance 2018-525 ABO 9-2018 Package Store licensing.pdf
2.

Amendment of various City Ordinances to remove Alcohol Review Board and replace with City Manager and/or designee.

Staff recommends “clean up” of various Ordinances to reflect the deletion of text referencing the City of Lilburn Alcohol Review Board.
Public Hearing (Y/N)
N
Department:
City Manager
Presenter:
Bill Johnsa, City Manager
Staff Recommendations:
Motion to approve Ordinance #2018-526, amending various City ordinances reflecting the removal of the Alcohol Review Board. Further, approve all substitutions as submitted.
Department Head Approval:
B. Johnsa
Mayor's Signature Required:
Yes
Documents:
  1. Agenda Item 2 - AGENDA FORM ARB removal.pdf
  2. Agenda Item 2 - ATTACH 1 - Ordinance 2018-526 Revisions to remove ARB from ordinances.pdf
3.

New Location for an Alcohol License – The CRC Restaurant Group, LLC dba Agavero Cantina Parkside – 66 Main Street – Retail Consumption on Premise for Beer, Wine & Distilled Spirits

The Licensing & revenue Manager received a new alcohol application for retail consumption on premise for beer, wine & distilled spirits from The CRC Restaurant Group, LLC dba Agavero Cantina Parkside, located at 66 Main Street.  The location meets all zoning requirements.  It is a new location that has never held an alcohol license.

Staff recommends the license be effective immediately upon approval of the city council and contingent upon receiving an occupational tax certificate.
Public Hearing (Y/N)
N
Department:
City Clerk
Presenter:
Melissa Penate, City Clerk
Staff Recommendations:
Motion to approve The CRC Restaurant Group, LLC dba Agavero Cantina Parkside at 66 Main Street for an alcohol license for retail consumption on premise for beer, wine & distilled spirits contingent upon receiving an occupational tax certificate.
Department Head Approval:
B. Johnsa
Documents:
  1. Agenda Item 3 - AGENDA FORM - New Location Agavero Cantina Parkside.pdf
  2. Agenda Item 3 - ATTACH 1 - Alcohol License Application Agavero Cantina Parkside_Redacted.pdf
XII.

Adjournment

As set forth in the Americans with Disabilities Act of 1990, the City of Lilburn does not discriminate on the basis of disability in the admission or access to, or treatment or employment in its programs or activities. Doug Stacks, 340 Main Street, Lilburn, GA 30047 has been designated to coordinate compliance with the non-discrimination requirements contained in section 13.107 of the Department of Justice regulations, information concerning the provisions of the Americans with Disabilities Act, and the rights provided thereunder, are available from the ADA coordinator.

The City of Lilburn will assist citizens with special needs given proper notice (seven working days).  Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program or activity of the City of Lilburn should be directed to Doug Stacks, 340 Main Street, Lilburn, GA 30047, telephone number 770-921-2210.