Buford City Commission  May 3,2021  The regular monthly meeting was. held on May 3, 2021 at Buford City Arena and all Chairman Beard called the meeting to order at 7:00 p.m. and Mr. Burge led the Pledge of Motion by Mr. Weeks, seconded by Mr. Burge to approve the agenda for thel May 3,  Commission members were present.  Allegiance.  2021 Commission meeting as presented by staff.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to adopt the minutes from the April 12,2021  regular meeting as presented by staff.  Ayes 3 Nays 0  Chairman Beard recognized Winston Burel for his twenty-eight (28) years ofs service with the City Motion by Mr. Burge, seconded by Mr. Weeks to appoint Bonita Burel to City of Buford Zoning  of] Buford Zoning Board of Appeals.  Board of Appeals. Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to re-appoint Jery Kilgore to Buford Downtown  Development Authority. Ayes 3 Nays 0 hearings. Rezonings:  Chairman Beard stated that this portion oft the meeting would be set aside for public  #Z-21-09: The Paces Foundation request rezoning for the property located at 2050 Garnett Street, being parcel 7-268-018, from R-100 to RM-6. Michael Bauer spoke on behalf oft the applicant. No one spoke against the request. Motion by Mr. Burge,  seconded by Mr. Weeks to table the request.  AW    Ayes 3 Nays 0  #Z-21-10: The Paces Foundation request rezoning for the property located at 490 South Street, being parcel 7-294B-007, from R-100 to RM-8. Michael Bauer spoke on behalf ofthe applicant. No one spoke against the request. Motion by Mr. Burge, seconded by  Mr. Weeks to table the request.  Ayes 3 Nays 0  #Z-21-11: B& &G Cornerstone Inv., LLC request rezoning for the property located at 143 Maddox Road, being parcels 7-228-014/058, from C-2 to R-100. Ryan Reed spoke on behalf of the applicant. No one spoke against the request. Motion by Mr. Weeks, seconded by Mr. Burge to approve the request with the following conditions:  1. Road shall be brought to street standards along the road frontage oft the proposed development. Improvements include, but not limited to, sidewalks, curb and gutter, right ofway width from centerline and street width from centerline tol back 2. A mandatory homeowner's association (HOA) shall be provided and responsible for maintenance of all common open space, stormwater detention facilities. 3. All homes shall be no less than 2400 square feet for ranch homes and 2800 square feet for two-story homes, excluding the basement, both finished and unfinished. 5. All homes shall be constructed with four sides brick or stone with architectural accents not to exceed 60%. Accents shall include brick, stone, rock, stucco, shakes, hardiplank and concrete siding as approved by the Planning Director. 6. All driveways to be ai minimum of18-feet in length and width. 7. The front setback shall be 25 feet, rear setback shall be 30: feet and the side setbacks shall be ai minimum 5: feet with a 15-foot separation. 8. All: newly constructed streets shall have ai minimum of 50-foot right-of-way with 28-foot wide streets from back of vertical curb tol back of vertical curb. A: five (5) foot sidewalk with a two (2) foot landscape strip shall be provided along all new 9. Street lights shall bej provided throughout the project as approved by the City. All 10. All yards shall be sodded. Two (2) ornamental trees to be planted per lot. (crape 12. Site plan adoption is substantially similar to the case: rezoning concept plan and staff may approve property line adjustments; Applicant to provide documents  ofcurb.  4. All homes shall have at two (2) car garage.  streets.  utilities shall be located underground.  myrtles preferred).  11. Architectural shingles shall be used as roofing material.  addressing shared driveway.  Ayes 3 Nays 0    2  AM    #2-21-12#SUP-2-04: Gravel Springs Car Wash request rezoning for the property located at 3053 and 3061 Gravel Springs Road: from RA-200 to C-2 with a special use permit to allow a car wash. Mitch Peevy spoke on behalfoft the applicant. Jonathan Benator, attorney for Mill Creek Lakes HOA, spoke in opposition of the request and stated the request should be denied because of conflict with the 2040 Comprehensive Plan and the protected rights oft the citizens to develop the property that is noti in conformity with the land use plan, Section 1702(e). Mr. Benator stated that the Comprehensive Plan shows office use and would like to see that use for this property. Mr. Benator submitted a letter and stated that the hej preserves the constitutional rights of his client, the Mill Creek Lakes Condominium Association, Inc. Motion by Mr. Burge, seconded by Mr. Weeks to approve the request with the following conditions: 1. The site plan, landscape plan and architectural plans shall be compliant to the design standards of Section 1315 Mall of Georgia Overlay District. 2. The 75' undisturbed buffer is reduced to a 20' wide buffer replanting plan adjacent toj property east of development. The remaining residential properties shall retain the 75' undisturbed buffer. Buffers to provide an effective year-round screen. The final plan to be approved by the Planning Director. 3. Applicant toj provide access agreement for use of entrance shown at Cedar Glade 4. All improvements within the Gravel Springs Road right-of-way requires the review and approval oft the Georgia Department ofTransportation. 5. The applicant shall provide the City of] Buford building elevations depicting the architectural treatments, color and proposed building height that are compliant to 6. The applicant shall provide a 10-foot wide enhanced landscape strip plan and signage details adjacent to all: right-of-ways. The landscape plan shall includea combination oftrees and shrubs toj provide for an effective, year-round, screening from the roadways. The final landscape plan shall be reviewed and approved by  Lane.  the Mall of Georgia Overlay District.  the Planning Director. 7.1 Hours of operations shall be 9:00: a.m. to 9:00 p.m. 8. There shall be no outside speakers.  9. No flashing lights, inside or outside of facility. No neon, bright color style of  lighting inside or outside the facility. No outside speakers.  Ayes 3 Nays 0  2-21-13#SUP-21-05: Lake Blue Ridge Land Company, LLC request rezoning for the property located on. Hamilton Mill Road and North Bogan Road, being parcels 7-226- 001,001B, 002, 120, 123, 137, 150, 156, 168, containing 3.79 acres from RA-200 to C-2 with a special use permit to allow for drive thru lanes. Eric. Johansen spoke on behalfo of the applicant. He stated they are assembling several tracts of land for a commercial and townhome development. He stated they are proposing three commercial outparcels with inter-parcel access to the townhome development in the rear. They do not know the use for the outparcels, but some could be fast food restaurants that would need a drive thru service. Motion by Mr. Weeks, seconded by Mr. Burge to approve the request with the  following condition:  3  AN    1. Prior to the issuance ofs subsequent building permits, the applicant shall file a minor subdivision plat subdividing the commercial parcels from the overall development parcel assemblage. The subdivision shall be substantially similar to 2. Drive thru service lanes with call boxes shall bej permitted as] part of all the commercially zoned property, including any future commercially subdivided parcels on the subject property, to include the uses ofthe commercial parcels as 3. Inter-parcel access shall be permitted between the commercially zoned property 4. Developer shall provide a twenty-five (25)foot re-graded and: re-planted buffer adjacent to all residentially zoned properties. The re-graded and re-planted buffer shall include two (2) rows of staggered evergreen trees that are at least eight (8) feet tall at the time ofinstallation planted in fifteen (15) foot centers. The evergreen trees should include an equal mixture ofThuja Green Giants, 5. Architectural façade treatments shall be ofbrick, stone or stucco or combination thereof. Final building elevations to be reviewed and approved by the Planning 6. The construction documents shall include aj pedestrian and bicycle circulation plan including sidewalks and bike racks. Atar minimum the plan shall include sidewalks spanning each road frontage and connect to the proposed residential townhome development. Final pedestrian and bicycle circulation plan shall be 8. Developer toj preserve rights-of-way for expansion of] Hamilton Mill Road to 4- 9. Add right turn deceleration lane west bound on Hamilton Mill Road onto North  the application site plan dated March 3, 2021.  either restaurants, or retail.  and the adjacent residentially zoned property.  Cryptomeria, and Tree Form Hollies.  Director.  approved by the Planning Director.  7. Outparcel use shall be approved by the City Commission.  lanes. Bogan Road.  Ayes 3 Nays 0  Z-21-14#SUP-21-06: Lake Blue Ridge Land Company, LLC: request rezoning for the property. located on Hamilton Mill Road, being parcels 7-226-001, 001B, 002, 120, 123, 137, 150, 156, 168, containing 13.32 acres from RA-200 to RM-8 with a special use permit to allow townhomes. Eric. Johansen spoke on behalfoft the applicant. He stated they are proposing 81 townhomes and proposing a 25 foot regraded and replanted buffer adjacent to residentially zoned properties. Motion by Mr. Burge, seconded by Mr. Weeks 1. The subject property shall consist of aj maximum of forty-one (41)residential townhomes that are ai minimum oftwenty-four (24) wide. The residential townhomes could include ai mixture of front entry garage units and rear entry garage units, and/or could be developed as all front entry units or as all rear entry units. The proposed units can be two-story, three-story, or a mixture oftwo-story and three-story units. The subject property is not subject to any specific rezoning site plans and shall have ability tol be altered to adapt to the existing site conditions  to approve the request with the following conditions:  as needed.  4  AN    2. Net density for the residential townhouse development shall not exceed 4.0 units 3. Prior to the issuance of subsequent building permits, the applicant shall file a minor subdivision plat subdividing the townhome parcel from the overall development parcel assemblage. The subdivision shall be substantially similar to 4. No residential building permits shall bej permitted on the subject property until the issuance ofat least one (1) commercial building permit has been obtained for1 the adjacent commercial development located at the intersection ofNorth Bogan! Road and Hamilton Mill Road, and the related site work for the same commercial building has commenced to include the actual grading and utility installations. 5. Developer shall extend left turn lane the length oft the development on North 6. Atl least one (I)inter-parcel access point, outside the limits of the gated streets, shall be provided to the adjacent commercial development location at the intersection ofNorth Bogan Road and Hamilton Mill Road. 7. The project shall have at least one gated exit to North Bogan Road: from the 8.1 Developer shall provide a twenty-five (25) foot re-graded and re-planted buffer adjacent to residentially zoned properties. The re-graded and re-planted buffer shall include two (2) rows of staggered evergreen trees that are at least eight (8) feet tall at the time ofinstallation planted in fifteen (15) foot centers. The evergreen trees should include an equal mixture ofThuja Green Giants, Cryptomeria, and Tree Form Hollies. Final enhanced landscaping design shalll be 9. Masters' property (Tax Parcels 7226: 134, 7226: 135, & 7226: 136) - provide a forty (40) foot wide re-graded and re-planted buffer evergreen buffer consisting ofthree (3) staggered rows ofevergreen trees spaced on fifteen (15) foot centers adjacent to the residential properties. Each row: shall be spaced ten (10) feet apart. The evergreen plant materials shall consist of an equal distribution ofThuja Green Giants, Cryptomeria, Southern Magnolias, and Tree Form Hollies that are at least Provide a six (6) foot tall green vinyl coated chain-link fence along the common property line. Provide a earthern berm that is ai minimum ofs six (6) feet tall within the forty (40) foot re-graded and re-planted buffer. The evergreen trees 10. Ar mandatory homeowner's association (HOA) shall bej provided. Thel HOA shall bei responsible for the maintenance and upkeep ofall grounds on the subject property including the residential landscaping at the individual units, the landscape strip along North Bogan Road, water quality and detention facilities, 11. A concurrent special use permit to allow attached townhomes as depicted on the 12. All residential townhouse units shall be constructed with four (4) sides brick or stone with architectural accents not to exceed 40% on the: front elevation and not to exceed 35% on the side and rear elevations. Accents shall include brick, stone, wood, glass, metal, stucco, shakes and painted cement siding, as approved by the 13. The construction documents shall include aj pedestrian and bicycle circulation plan including sidewalks and bike racks. Atam minimum the plan shall include  per acre.  the application site plan dated March 3, 2021.  Bogan Road as approved by Gwinnett County.  residential development.  reviewed and approved by the Planning Director.  eight (8): feet tall at the time ofi installation.  shall be installed on the earthen berm.  private streets ifutilized, and all open space. rezoning case site plan dated March 3, 2021 is approved.  Planning Director.  5    sidewalks spanning each road frontage to the standards of City ofE Buford Code requirements. Final pedestrian and bicycle circulation plan to be approved byt the 14. The residential townhouse development may be developed on private streets, that are ai minimum oft twenty-six (26): feet wide as measured from back ofcurb to back of curb, provided the private streets are gated and maintained by the HOA. There can be parallel parking spaces provided throughout the subject property on 16. Driveways shall be ai minimum of 18' in length measured from the garage to back ofcurb or edge ofs sidewalk. All driveways shall be concrete and a minimum 17. All streets shall have five (5) foot concrete sidewalks located on both sides with a 18. All residential townhouse units shall be ai minimum of 1700 heated square feet 19. Streetlights shall be provided throughout the subject property as approved by the 20. A20 enhanced landscape strip shall be adjacent to North Bogan Road. The entrance monument sign, fences or walls shall be incorporated into a high quality, enhanced landscape design. The final entrance landscape plan shall be reviewed 21. Common areas shall be sodded or treated with planted ground cover. The applicant shall provide a subdivision tree and landscape plan for review by the 22. All residential townhouse units shall have at least one (1) ornamental tree planted in front of the unit facing the internal streets, e.g., crape myrtle, etc. 23. Rental oft the residential townhouse units shall be restricted to 10% ofthe total units. The zoning condition shall be placed in the Declaration of Covenants, 24. Architectural shingles shall be used as roofing materials for all exposed roofs.  Planning Director.  the private streets.  15. The private streets shall be within a 50 utility/access easement.  width of eighteen (18) feet.  two (2) landscape strip back of curb, excluding alleys. and shall include a minimum of a two-car garage. City. All utilities shall be located underground.  and approved by the Planning Director.  Planning Director.  restrictions and easements as enforced by the HOA.  Ayes 3 Nays 0  Special Use Permits:  #SUP-21-07: Absolute Green Landscaping, Inc. request a special use permit for the property located at 5002 B.U. Bowman Drive, Suite 102. The special use permit requested is to allow repair, fabricate and assemble fertilizer and weed control trucks and equipment. Ryan Wall spoke on behalfofthe: applicant. No one spoke against the request. Motion by Mr. Burge, seconded by Mr. Weeks to approve the request with the 1. Outdoor storage of automotive parts, junk vehicles or automotive repair related 2. All automotive repair shall take place within the building. Outdoor repair  following conditions:  equipment shall be prohibited. operations shall be prohibited.  6  Bul    Ayes 3 Nays 0  #SUP-21-08: David Pearson Communities request a special use permit for the property located at 2319, 2331,2335 Shoal Creek Road. The special use permit requested is to allow a CSO Subdivision. Doug Patton spoke on behalf oft the applicant. He stated that this property was previously granted a special use permit for a CSO Subdivision in 2018 and itl has expired. He stated they are proposing the same number ofl lots (25) that willl be wider from the original plan. They have increased the open space by one (1) acre and the homes will be aj minimum of3200 square feet. They are proposing aj private road with an HOA. No one spoke against the request. Motion by Mr. Weeks, seconded by Mr. Burge 1. The applicant shall provide the Planning Director all required items oft the Conservation Subdivision Overlay Section 1317: for review and approval priort to the submittal of development plan permit applications. Major revisions to the current site plan shall be reconsidered by the City Commission as a change in conditions public hearing ift the site inventory and analysis plan reveal the need 2. All newly constructed streets shall bej privately maintained by the established HOA: meeting all Buford City Standards with: street widths to be 28-feet from back of curb to back of curb with a 46-foot access/utility easement. 3. All cul-de-sacs shall be in conformance tol Development Regulation standards per 4. All property lot lines shall terminate at the utility/access easement. Lot areas shall 5. Thej proposed development is approved for an R-100 CSO subdivision at 15.56- acres which is less than the minimal 40-acres as required under Section 1317.2.1. 6. Ar mandatory homeowner's association (HOA) shall be provided and responsible for maintenance ofa all common open space, stormwater detention facilities including all requirements of management per Section 1317.A. 7. Thej property shall consist ofa a maximum of2 25 single family residential lots. 8. The minimum lot area ist tol be 10,000 square feet and the minimum lot width shall 9. The building setbacks shall be 30-foot front, 25-feet rear and 5-feet side setbacks 10. All homes shall be no less than 3200 square feet excluding the basement, both  to approve the request with the following conditions:  for revisions.  Section 6.4.3.  not include any areas inside the utility/assess easement.  be 65: feet.  with a 15-foot separation between homes. finished and unfinished. 11. All homes to have a minimum two car garage. 12. No less than 66% oft the homes shall bel basements.  13. All homes shall be constructed of four (4): sides brick, stone or stucco with 40% accents. Accents shall include brick, rock, stucco, shakes, hardiplank and 15. The subdivision shall include 5-foot sidewalk with a 2-foot landscape strip on 16. All yards shall be sodded with one (1) ornamental tree in the front yard. 17. Rental ofhousing units shall be restricted to 10% in the Declaration of Covenants,  concrete siding as approved by thel Planning Director. 14. All driveways to be ai minimum of20-feet in width. both sides oft the street and along Shoal Creek Road.  Restrictions and Easement.  18. Architectural shingles shall be used as roofing material.  7  AW    Ayes 3 Nays 0  Zoning Modification:  #ZM-21-01: Mark Miller Properties, Shoreland Drive and Hutchins Drive, request to modify condition #2 from #Z-07-03 to all homes shall be constructed with four (4) sides brick or stone with accents not to exceed 60%. Accents to include brick, stucco, rock, siding, board/batten and shakes as approved by the Planning Director. Motion by Mr.  Burge, seconded by Mr. Weeks to approve the request.  Ayes 3 Nays 0  Chairman Beard stated that this concludes the public hearing portion of the meeting. Motion by Mr. Burge, seconded by Mr. Weeks to approve final plat for Bogan Parc  Subdivision. Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to approve amendment to electric rate schedule adopted on April 12, 2021 regarding residential security light monthly fee.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to approve polling location agreement with Gwinnett County Board ofRegistration and Elections and City of] Buford.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to approve resolution for Community  Development Block Grant application for Fiscal Year 2022.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to approve resolution authorizing Buford Housing Authority to exercise its condemnation powers regarding certain properties  located inl Buford, Georgia.  Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to approve special event at Buford City  Amphitheatre located on Main Street on May 15, 2021.    Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to approve low bid for demolition of  American Legion Building and' 791 Moreno Street.  Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to authorize payment #18 for the legion  fields improvements project in the amount of$600,607.00.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment #2: for Tom Riden  Stadium project in the amount of $278,966.00.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment #2 for Bona Road  sidewalk improvements project in the amount of $104,409.59.  Ayes 3 Nays 0  Mr. Kerlin gave the City Manager's Report. Mr. Jay gave the City Attorney's! Report.  After a brief discussion with the audience, motion by Mr. Burge, seconded by Mr. Weeks  toa adjourn. Ayes 3 Nays 0  Phillip Beard,Chairman B  Chris  Bradley W. Weeks, Commissioner  9    City Date  Kh  5.3-0001  10