Buford City Commission  September 5, 2023  The regular monthly meeting was held on September 5, 2023 at Buford City Hall 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 amend the agenda by removing Item #6  Commission members were present.  Allegiance. -L#SUP-23-17. Ayes 3 Nays 0  Motion by Mr. Burge, séconded by Mr. Weeks to adopt the minutes from the. August7,2023  regular meeting and the special called meeting as presented by staff.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to change the October meeting to October 9, 2023.  Ayes 3 Nays 0  Chairman Beard recognized Michael Maynard and David Braselton for their twenty (20): years of Chairman Beard stated that this portion oft the meeting would be set aside for public hearings.  service with the City.  Special Use Permits:  #SUP-23-19: Capitalist Ventures, Inc. requests a special use permit for the property located at 3829 Buford. Drive. The special use permit requested is to allow a drive-thru restaurant. Kevin O'Leary spoke on behalf oft the applicant and stated the drive-thru restaurant was Starbucks. No one spoke against the request. Motion by Mr. Burge, seconded by Mr. Weeks to approve the request with the following conditions: 1. The special use permit applies to Starbucks and at such time in the future Starbucks vacates the site this special use permit expires. 2. The approval oft this special use permit does not provide: relief or any requirements of the Zoning Ordinance and Development Regulations. 3. The: required parking shall be reduced from 13 spaces to 11 spaces. 4. 73% oft the parking areas shall be allowed ini the front oft the building. 5. The building shall have a: flat roof design instead of a pitched roof design.  4  18  Awin    6. The final architectural plans shall be submitted for review and approval by the Planning Director and City Manager for metal accents, canopy and cornice 7. The site plan shall include the required 10-foot wide and 5-foot side landscape strips per code. The landscape strips shall not contain parking, signs or order boards. All landscaping requirements shall be met per City of] Buford Zoning  design.  Ordinance.  Ayes 3 Nays 0  #SUP-23-20: David Kirk requests a special use permit for the property located at 1605 Buford Highway, out of parcel 7-259-261, containing 1.25 acres. The special use permit requested is to allow a drive-thru restaurant. David Kirk, attorney for Chick-fil-A, was present. No one spoke against the request. Motion by Mr. Weeks, seconded by Mr. 1. The special use permit applies to the Chick-fil-A and at such time in the future Chick-fil-A vacates the site this special use permit expires. 2. The approval of this special use permit does not provide reliefo ofany requirements ofthe Zoning Ordinance or Development Regulations beyond the requested reliefs listed int the application letter ofi intent. 3. The front setback shall be reduced from 75: feet to 22 feet. 4. In order toj provide effective screening oft the car stacking lanes, dumpster, order signs and canopy, the applicant shall provide an enhanced landscape plan along the frontage ofB Buford Highway and the existing entrance between the: right-of- way at Buford Highway and the back of curb oft the drive thru lanes (approximately 22'). The enhanced landscape plan shall consist ofa variety of evergreen trees and shrubs. Evergreen trees to be ai minimum of 6-foot high at the time of planting and evergreen shrubs tol be ai minimum of1 18-inches high at the time of planting. The final enhanced landscape plan shall be approved by the 5. The applicant shall provide an arborists report for the existing trees located along Buford Highway within the subject site area to determine the healthiness of the existing trees. Trees found tol be in distress or decline are to be removed, including grinding the stumps, and replaced with heat tolerant hardwood trees (i.e. 6. The final site plan shall be substantially similar to the plan submitted with the special use permit application. The: final site plan shall be reviewed by the 7. The following concurrent variance requests are recommended as follows: a. The requested variance to place the two (2): menu boards in the front yard is b. Parking requirements for the overall shopping center shall be reduced from the current 346 spaces to 204 spaces, resulting in a parking ratio of2.7 spaces/1000 square feet ofretail floor space, on1 the: remaining portion ofthe Thej proposed retaining wall shall be placed in the area as shown on the site plan. The retaining wallshall not encroach into the right-of-way of] Buford  Burge to approve the request with the following conditions:  Planning Director.  Willow Oaks) at 35-foot on center.  Planning Director.  recommended for approval.  shopping center.  18  2  1 hh    Highway. The retaining wall shall be a decorative brick or stone to match the d. The installation oft the retaining wall should have no negative drainage impacts on downstream properties or on the adjacent road. e. The requested variance to allow: for the use ofa flat roofbuilding design is recommended for approval. The final architectural plans shall be submitted for review and approval by the Planning Director. The requested variance to increase the percentage of parking located to the side ofa a freestanding building containing less than 7500 square feet of space from twenty (20) percent to one. hundred (100) percent is recommended for g. The requested variance toj place the dumpster and enclosure within the: front yard isi recommended for approval. Dumpster screening shall consist ofthree (3)solid walls ofbrick or stucco construction, at least six (6) feet in height, with onel hundred (100) percent solid: metal gates. The dumpster shall bei fully screened with evergreen trees and shrubs facing Buford Highway. The final dumpster enclosure plan shall be reviewed and approved by the Planning  architecture oft the building.  approval.  Director.  Ayes 3 Nays 0  Zoning Modifications  #ZM-23-06: Clair Investment Properties & Interior Designs, LLC, 2251, 2253, 2255 and 2257 Buford Dam Road, requests toi modify condition #2 oft the zoning conditions approved on September 6, 20161 requiring accents not to exceed 35% on front elevation and 20% side and rear elevations; requesting brick, stone, stucco with accents not to exceed 40% each elevation and side setbacks to 5ft./15ft. After discussion and agreement by the developer to consider alternative home locations, motion by Mr. Burge, seconded  by Mr. Weeks to table the: request.  Ayes 3 Nays 0  Chairman Beard stated that this concludes the public hearing portion oft the meeting. Motion by Mr. Burge, seconded by Mr. Beard to approve final plat and road dedication  for Saia Motor Freight Line, LLC. Mr. Weeks abstained.  Ayes 2 Nays 0 Abstained 1  Motion by Mr. Burge, seconded by Mr. Weeks to authorize City Manager to sign gas line  relocation agreement with Rowen Foundation, Inc.  Ayes 3 Nays 0  16  3  Ahv    Motion by Mr. Weeks, seconded by Mr. Burge to approve purchase of properties located at 710 Bona Road, being parcel R7296 1061 in the amount of $375,000.00 and' 755 Bona  Road, being parcel R7296 075, ini the amount of$850,000.00.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize City Manager and City  Attorney toj purchase property as presented.  Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to authorize City Manager and City Attorney to negotiate with Buford Housing Authority for purchase of property on Forest  Street. Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize release of pledged funds with  Peoples Bank & Trust. Chairman! Beard abstained.  Ayes 2 Nays 0 Abstained 1  Motion by Mr. Burge, seconded by Mr. Weeks to adopt Georgia Department of Transportation's (GDOT) Procurement Policies and Procedures for engineering and design related services when using Federal Aid Highway Program- (FAHP) funds asi it applies to local governments certified through GDOT'sLAP program.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment ofl Invoice #18137- 18 ini the amount of $234,293.69 to Breaux & Associates for new Buford High School  stadium project. Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to authorize payment #3 in the amount of . $173,163.69t0F.S.: Scarbrough for Southside WPCP filter replacement project.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment #2 in the amount of $2,419.20 and payment #3 (retainage) in the amount of$10,073.29 and payment #4 int the  25  4    amount of $9,132.10 to Glosson Enterprises, LLC: for Shadburn Ferry Road sidewalk improvements subject toi inspection by City Manager and final clean-up.  Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to authorize payment #4 ini the amount of $123,081.171 tol Backbone Infrastructure, LLC for West Moreno Street improvements  project. Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment #27 in the amount of$106,475.21 to Ruby Collins, Inc. for water plant expansion project and payment of Invoice #2454-23 ini the amount of $36,000.00 to Global Control Systems, Inc. for  specialized controls and instrumentation.  Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to authorize payment of Invoice #13 in the amount of$183,557.56 to Charles Black Construction Company, Inc. for passive park  at Harris Street project. Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment #7 in the amount of $571,642.00 to Charles Black Construction Company, Inc. for Buford Senior Academy  addition project. Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment #11 ini the amount of$155,469.00 to Charles Black Construction Company, Inc. for Buford Middle School  addition and renovations project.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment of amended payment #8 (formerly payment #1 approved 8/7/23) in the amount of $412,623.00 and payment #9 in the amount of $972,085.00 to Charles Black Construction Company, Inc.  for Buford High School Stadium project.  Ayes .3 0 Nays  2  35  5    Motion by Mr. Weeks, seconded by Mr. Burge to authorize payment #1 in the amount of $30,815.64 to Charles Black Construction Company, Inc. for Buford High School  bleachers and concessions - Phase II project.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment ofInvoice #10i in the amount of$1,771.00 to Charles Black Construction Company, Inc. for New Street  relocation project and utilize SPLOST funds and general funds.  Ayes 3 Nays 0  Mr. Kerlin gave the City Manager's Report. Mr. Jay gave the City Attorney's Report.  After al brief discussion with the audience, motion by Mr. Burge, seconded by Mr. Weeks  to adjourn. Ayes 3 Nays 0  480 Phillip Beard-Chairman C  Chris  Bradley W. Weeks, Commissioner  Kuo  [a433  Date