Buford City Commission  November 6, 2023  The regular monthly meeting was held on November 6, 2023 at Buford City Hall anda 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 the November  Commission members were present.  Allegiance.  6,2023 meeting as presented.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to adopt the minutes from the October 9, 2023  regular meeting as presented by staff.  Ayes 3 Nays 0  Chairman Beard stated that this portion oft the meeting would be set aside for public hearings.  Special Use Permits:  #SUP-23-22: US Auto Moto, LLC requests a special use permit for the property located at 1640 Buford Highway. The special use permit requested is to allow for motorcycle sales and service. David Williams spoke on behalf of the applicant. He stated this would be: for motorcycle sales and service and they would like toj provide a display area out front during business hours and then they would be stored inside the building overnight. No one: spoke against the request. Motion by Mr. Burge, seconded by Mr. Weeks to 1. Approval oft this special use permit is for Triumph, BMW and Can-Am motorcycle sales and will expire should the current use vacate the site. 2. The approval ofas special use permit does not provide approval of variances or 3. No accumulation ofjunk vehicles and mechanical repairs shall be done inside. 4. All outdoor parking motorcycle inventory shall be on asphalt or concrete in designated parking areas. Display area in the front shall be 10: feet in depth and the width oft the parking lot and shall be approved by the Planning Director. The 5. To allow up to three (3) signs on1 the front elevation and the cumulative total shall not exceed 5% ofthe elevation. To allow up to two (2) signs on the side elevation facing Commerce Drive and the cumulative total shall not exceed 5% ofthe  approve the request with the following conditions:  alterations to any local, state, or federal regulations.  motorcycles shall be on display during business hours only.  elevation.  6. The pole sign shall be replaced by a monument sign.  1  1/  4497    7. The fenced storage area on Commerce Drive proposed for staging ofmotorcycles for service shall be approved by the Planning Director and to include brick 8. Motorcycles or similar shall be stored inside the: facility at night.  columns.  Ayes 3 Nays 0  #SUP-23-23: Leather City Partners, LLC requested a special use permit for the property located on Highway 20, out ofparcel 7-219-023, containing 2.135 acres. The special use permit requested is to allow the construction ofa a new: retail facility for the sales of packaged distilled spirits. Mitch Peevy spoke on behalf oft the applicant. No one spoke against the request. Motion by Mr. Burge, seconded by Mr. Weeks to approve the 1. The special use permit shall not be terminated by the subsequent sale of the owner/applicant LLC, provided, however, such transferee shall comply with all initial requirements established by the City including financial solvency and operational expertise. No license for alcoholic beverages by package shall be transferrable, except as provided in the City's Alcohol Beverage Code. 2. The applicant shall provide al location Georgia sealed survey to confirm the minimum distance requirements per code: "Package stores must meet setback requirements from certain uses. There are measured as a straight line connecting the closest points between the buildings. Aj package store must be setback a minimum of 300 feet from a church, ai minimum of 600 feet from a school (daycares are not considered a school), a minimum of200 feet from any residence, and ai minimum of1500: feet from any other package store." 3. The approval ofas special use permit does not provide approval of variances or 4. All parking and driveway surfaces to be asphalt or concrete with curb and gutter meeting the standards oft the City ofBuford Development Regulations. 5. The final permitting plan shall be substantially similar to the site plan provided 6. The requested variance to reduce the parking spaces from 60 spaces to 50 spaces 7. The requested variance to allow the retaining walls in the: front yard adjacent to Highway 20 is recommended for approval. Noj portion oft the retaining wall or footers shall encroach into the right-of-way. The retaining wall shall be constructed with decorative stone. The final design and material shall be 8. A30-foot sanitary sewer easement indicates the depth of the pipe is enough to warrant the additional width needed for construction repairs or maintenance. The requested variance to allow the encroachment into the existing 30-foot sanitary sewer easement along Highway 20, to a maximum of 10-feet is conditioned for approval with the written approval ofthe City's engineering review. 9. Int the event the sanitary sewer utility needs repairs that damages the retaining. wall the full responsibility for the repair oft the retaining wall falls on the owner. 10. The inter-parcel access requirement shall be eliminated adjacent to the Academy  request with the following conditions:  alternations to any local, state or federal regulations.  with this application. isa approved.  approved by the Planning Director.  Sports development due to topography constraints.  387 )  2  Bbil    11.The: final building elevations and materials shall be approved by the City  Manager.  Ayes 3 Nays 0 Annexations:  Plat #680/#Z-23-21: GA Development Acquisition, LLCrequests annexation and rezoning for the property located at 1672 Plunkett Road from R-1001 to M-1. Shane Lanham spoke on behalf oft the applicant. He stated they are proposing a 200,880 square foot office/warehouse building. They do not have al user and will be a spec building. He stated they are asking for ai retaining wall in the front yard, a graded and replanted buffer and to allow concrete tilt-up construction for the building. No one spoke against the request. Motion by Mr. Weeks, seconded by Mr. Burge to approve the request with the 1. The final civil site plan shall be substantially similar to the concept plan provided 2. The final architectural and site plans shall meet the requirements of Article XIII, 3. Road improvements including curb and gutter and 5-foot sidewalk are required along the subject property's frontage along Plunkett Road. All improvements shall meet the standard oft the City ofBuford code and ordinances. Right-of-way dedication is required as necessary to construct the required improvements. 4. Thej proposed retaining wall shall be placed as shown on the concept plan provided with the application. The wall material shall be a stone/masonry product as depicted on Exhibit" "A". Final wall design, including material and elevations, shall be: submitted for review and approval by the Planning Director. 5. Thei retaining wall shall not encroach into the right-of-way ofPlunkett: Road. 6. Thel building shall be a tilt-up type wall construction. Final building elevations 7. The 50-foot undisturbed buffer shall be allowed to be graded and replanted for year-round screening with a mixture of evergreen trees and shrubs. The final landscape plan tol be reviewed and approved by the Planning Director. 8. Approval ofthe annexation, rezoning or concurrent variances does not provide reliefofother: areas oft the City ofBuford's Zoning Ordinance or Development 9. Trucks may enter/exit Plunkett Road if Gwinnett County DOT approves the road  following conditions:  with the rezoning application.  Section 1315 Mall of Georgia Overlay District.  shall be approved by the Planning Director.  Regulations. for truck travel.  Ayes 3 Nays 0  Zoning Modifications  #ZM-23-06: Clair Investment Properties & Interior. Designs, LLC,2251,2253,2255 and 2257 Buford Dam Road, requests to modify condition #2 ofthe zoning conditions approved on September 6, 20161 requiring accents not to exceed 35% on front elevation  169 1  3  r A    and 20%: side and rear elevations; requesting brick, stone, stucco with accents not to exceed 40% each elevation and side setbacks to 5ft./15ft. No one spoke against the request. Motion by Mr. Burge, seconded by Mr. Weeks to approve the request with the  following conditions: Ayes 3 Nays 0  Allison Sinyard, with Tunnel, Spangler, Walsh & Associates, gave aj presentation regarding the City ofBuford 2045 Comprehensive Plan Short-Term Work Program Five year update. There were no comments or questions from the audience regarding the Chairman Beard stated that this concludes the public hearing portion oft the meeting. Motion by Mr. Burge, seconded by Mr. Weeks to authorize transmittal of City ofBuford Comprehensive Plan 2045 updates to the Atlanta Regional commission and Department  plans.  ofCommunity Affairs. Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to approve combination plat for IDI  Gravel Springs. Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to approve exemption plat for 29 East Park Street, being parcel 7-295A-054 with the following conditions: 1. Tracts #1 and #2 shall have a reduction ofthe front setback from 25 feet to 20 2. Tracts #1 and #2 shall have ai reduction oft the side setback from 10 feet to 5 feet. 3. Tracts #1 and #2 shall have ai reduction ofthe rear setback from 30: feet to 25 feet. 4. The applicant shall provide a house location plan with the building permit tol be 5. All homes shall have ai minimum gross heated floor area of2600 square feet exclusive of garage or basements. All homes shall have ai minimum oft two (2) car 6. Alll homes shall be constructed with four (4) sides oft brick or stone with accents not to exceed 35% on the front elevation and accents not to exceed 20% on the side and rear elevations. Accents shall include brick, stucco, rock, shakes, hardiplank, and concrete siding as approved by the Planning Director. 7. All front yards shall be sodded and shall have two (2): 3-inch ornamental trees  feet.  approved by the Planning Director.  garages.  planted in the front yard.  Ayes 3 Nays 0  4  AMAI    Motion by Mr. Burge, seconded by Mr. Weeks to authorize City Manager and City Attorney to accept electrical easement on parcel no. 7-259-270 (Buford Oil Change, 4445  Nelson Brogdon Blvd.). Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to authorize City Manager and City Attorney to purchase property located on. James Street being parcel no. 7-295C-034.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to approve purchase of property located onl North Waterworks Road from Heritage South Partners, L.P. in the amount of  $232,620.00. Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to accept donation of1.649 acres of property located on Bryant Road being parcel no. 7-297-116 and authorize City Manager  toi issue a donation letter. Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to accept donation of5.53 acres of property located on Thompson Mill Road being parcel no. 7-267-029 and authorize City  Manager to issue a donation letter.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to approve extension of SUP-15-14. AT Atwater Court, Suites 101-1021 to allow church operations to continue for an additional  one (1)year. Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize release ofp pledged funds with  Peoples Bank & Trust. Chairman Beard abstained.  Ayes 2 Nays 0 Abstained 1  89  5    Motion by Mr. Burge, seconded by Mr. Weeks to authorize City Manager to apply fora Georgia Department ofTransportation Roadside Enhancement and Beautification Council (REBC) grant. (I-985 Northbound quadrant(s) on/off-ramp landscaping)  Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to approve surplus items as presented and authorize City Manager tol list items on Govdeals.com and other markets.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to approve recommendation of city engineer for renewal ofv water and sewer annual contracts for an additional year with JDS,  Inc. with a contract price increase of7.5%.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to approve request by the Boys and Girls Club ofBuford to closel Main Street at South Harris Street to Garnett Street on' Tuesday,  November 28, 2023: from 6-9 p.m.  Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to authorize payment ofinvoice #18137- 20 in the amount of$179,084.33 to Breaux & Associates for Buford City stadium project.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payments #6, #7 and #8 totaling $40,780.94 tol H. Lloyd Hill Architects & Associates, Inc. for Buford Senior  Academy Renovations project.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment #12 in the amount of$49,899.29 to. H. Lloyd Hill Architects & Associates, Inc. for Buford Middle School  addition project. Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to authorize payment #5 ini the amount of $126,635.76 tol F. S. Scarbrough for Southside WPCP filter replacement project.  89  6 A    Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize change order #1 and payment #2 int the amount of $83,796.59 to Backbone Infrastructure, LLC: for Bona Road Sidewalk project and authorize City Manager toi install curo/gutter/drainage on the  opposite side oft the road. Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment #5 in the amount of $4,560.00 to Glosson Enterprises, LLC: for Shadburn Ferry Road sidewalk improvements.  Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to authorize payment #2 in the amount of $291,033.42 to Allied Paving Contractors, Inc. for 2023 LMIG paving project.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment #29 in the amount of$484,355.77 (reduce retainage to 1.0%) to Ruby Collins, Inc. for water plant expansion  project. Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment #6 in the amount of $45,581.29 tol Backbone Infrastructure, LLC for the West Moreno Street project. Payment shall be held subject to the approval of work in place as determined by City  Manager. Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to authorize change order #1 (final quantity adjusting) and payment #6i ini the amount of $402,250.20 to CEDS Construction  Company, Inc. for Hamilton Mill Road gas relocation project.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment of Invoice #15i in the amount of $60,432.05 to Charles Black Construction Company, Inc. for passive park  at Harris Street project.  13  7 a1    Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to authorize payment #11 ini the amount of$1,958,820.00 to Charles Black Construction Company, Inc. for Buford City Stadium  project. Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment ofl Invoice #12i in the amount of $527,045.00 to Charles Black Construction Company, Inc. for New Street  relocation project and utilize SPLOST funds and general funds.  Ayes 3 Nays 0  Motion by Mr. Burge, seconded by Mr. Weeks to authorize payment ofL Invoice #3 in the amount of $78,467.98 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 #9 in the amount of $1,055,176.00 to Charles Black Construction Company, Inc. for Buford Senior Academy  addition project. Ayes 3 Nays 0  Motion by Mr. Weeks, seconded by Mr. Burge to authorize payment #13 in the amount of$114,672.00 to Charles Black Construction Company, Inc. for Buford Middle School  addition and renovations project.  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  to adjourn. Ayes 3 Nays 0  %  &  03    ABR Phillip Beard, Chairman Chris Burge, Vice-Chairman 0 Bradley W. Weeks, Commissioner  City Clerk Date  BAuR  12-4-23  9