BUFORD CITY COMMISSION MEETING September 5, 2017 1.1 Pledge to the Flag. 2. Approve the agenda as presented. 3. Approve the minutes from the August 7, 2017 regular meeting and the minutes from the special called meeting on August 7, 2017 at 10:00 a.m. 4. Rezoning L# #Z-17-07 (Applicant has requested the petition to be tabled): Sindar Enterprises, Inc. 4081 South Bogan Road Parcel: 7-226-019 Zoning from R-100 to C-2 Acres: 1.84 P&ZI Recommendation #Z-17-07: Sindar Enterprises, Inc. requested rezoning for the property located at 4081 South Bogan Road from R-100 to C-2 with buffer reductions adjacent to residential properties. Mitch Peevy spoke on behalf of the applicant and explained the request to the Board. Mr. Peevy stated that thei ice machines would be inside the store and that the propane tanks would be located on the east side oft the building opposite from South Bogan Road. Regarding staff's recommended road improvements on South Bogan Road and Hamilton Mill Road, Mr. Peevy stated the developer would like to coordinate with Gwinnett County DOT concerning the deceleration lanes and turning lanes on South Bogan Road and Hamilton Mill Road. Ronnie Puckett spoke with concerns about the entrance and exit into the site off both roads. Bill Reed spoke on behalf of] Diane Sudderth, adjoining property owner, asking for the required buffers of 75 feet to: remain inj place. Dale Harris, 4034 Hamilton Mill Road, spoke against the buffer reduction. Amy Reed spoke on behalf ofher daughter that owns a house on. Hamilton Mill Road stating that ift the buffers are reduced she would like al berm, fence and enhanced landscaping installed. Chairman Perkins stated that the buffer was inj place toj protect the residential properties and he would like fori it to remain inj place as a 75 foot undisturbed buffer. After a brief discussion, motion was made by Wayne Johnson and seconded by Homer Whiting to recommend approval of the rezoning request to C-2 with the: following conditions: 1. The development shall comply with requirements oft the City ofBuford Code Section 2. There shall be a 75 foot undisturbed buffer between all residentially zoned properties. 3. The applicant shall provide aj pedestrian access plan as part oft the Land Disturbance Permit Civil Site Plan. Ata a minimum, the development shall include sidewalks at both road frontages that are compliant to City of Buford Code Section 1316. 4. Outdoor storage of equipment or products shall be prohibited, e.g. propane tanks, ice 5. Architectural treatments shall be substantially similar to the elevations submitted with the rezoning application and meet the minimal standards ofthe City of Buford Code 6. Applicant will be required toi install al left turn lane on South Bogan Road into the property or ai right in/right out as coordinated with Gwinnett County Department of Transportation. Variations from this plan will require a change in conditions. 7. Deceleration lanes shall be required on South Bogan Road and Hamilton Mill Road. 1316. sales, etc. Section 1316. Ayes-4 Nays-0 5. Special Use Permit L#SUP-17-11: DCR Real Estate VI Sub, LLC 4226 Hamilton Mill Road Parcel: 7-262-004 P&ZRecommendation Requesting Special Use Permit to allow a Montessori School #SUP-17-11: DCRI Real Estate VI Sub, LLC requested a special use permit for the property located at 4226. Hamilton Mill Road. The special use permit requested ist to allow al Montessori School. Mike Mercer spoke on behalfo oft the applicant and explained the request to the Board. Ms. Gentry, owner of school, also spoke explaining the operations of the school. Ronnie Puckett spoke against the request with concerns of traffic, noise, buffers and safety oft the children. Dennis Duncan spoke in favor oft the request. Chairman Perkins spoke about the concerns: for the safety oft the children and location oft the drop-off with stacking oft the vehicles ini the drop-off line and potential to enter. He stated the drop-offwould need tol be located in the rear given the building is located SO close to a major road. Mr. Kerlin stated that buffers would not apply since the property was zoned residential. After a brief discussion, motion was made by Wayne Johnson and seconded by Harley Bennett to recommend approval oft the special use 1. Site plan shall be substantially similar to the plan that was submitted with the permit as requested with the following conditions: application subject to approval by the City engineer. 2. Front building elevation shall consist of brick, stone or stucco as approved by the 3. Drive under canopy/overhang shall be removed for parking. 4. The drop-off1 location for students shall be in the rear oft the building. 5. The special use permit is approved for the applicant DCR Real Estate VI Sub, LLC. Upon vacancy oft this business the special use permit shall expire. Planning Director. Ayes-4 Nays-0 I.# #SUP-17-12: Courtney Accorsi Parcel: 7-299-001009C P&ZR Recommendation 3001 Peachtree Industrial Boulevard, Suite C Requesting Special Use Permit to allow outside storage of vehicles #SUP-17-12: Courtney Accorsi requested a special use permit for the property located at 3001 Peachtree Industrial Boulevard, Suite C. The special use permit requested is to allow outside storage of vehicles. The applicant was not present. Mr. Kerlin stated that he spoke with the applicant and they have found another location. Motion by Wayne Johnson and seconded by Homer Whiting to deny the request. Ayes-4 Nays-0 II. #SUP-17-13: Zulfiqar W.Abro 4125 Buford Drive, Suite L Parcel: 7-229-110 Requesting Special Use Permit to allow window tinting, paint protection film, alarm systems, and backup cameras to vehicles P&ZRecommendation #SUP-17-13: Zulfiqar W. Abro requested a special use permit for the property located at 4125 Buford Drive, Suite L. The special use permit requested is to allow window tinting, paint protection film, alarm systems, and backup cameras to vehicles. The applicant was present and explained the request to the Board. He also stated that he would need to install ai roll-up garage door in the rear oft the building in order to get the vehicles inside the building. There were no objections from the audience. The Board stated that all work would have to be performed inside the building. Motion by Homer Whiting and seconded by Harley Bennett to recommend approval the special use permit as requested 1. The business shall be limited to indoor operation of the automotive installation, adjustments or repairs. Outdoor automotive work is prohibited. No outside storage of with the following conditions: vehicles waiting for service. 2. The special use permit is approved for the business Alta Mere, The Automotive Outfitters. Upon vacancy oft this business the special use permit shall expire. 3. Shall install ai roll-up garage doori in the rear oft the building. Ayes-4 Nays-0 6.2 Zoning Modifications: L#ZM-17-03: Spartan Investors I, LLC Morningside Drive Subdivision Tract Ton modify condition #5 from the October 3, 2016 meeting 5. The front setback shall be 15 feet for the front entry homes and 10 feet for the rear entry homes. The minimum rear setback for all homes shall be 20 feet. The side yard setback shall be ai minimum of 5 feet. The modification will reduce rear setback from 20 feet to 15 feet for rear entry basement lots for lots 7.6..10.1,2.3.4222.4.5.36.22.02 The modification allows decks, both covered and uncovered, to encroach into the 201 foot 71,72,73,74 rear setback on rear load alley drives. II. #ZM-17-04: Chafin Builders The Reserve at Big Creek Subdivision (off Frazer Road) four (4) sides brick with stone accents only. To: modify condition #3 from the October 5, 2015 meeting; the current condition requires The modification will allow: stone as a primary construction material for the homes on all lots. II. #ZM-17-05 (DR Horton has withdrawn the request): To modify conditions #1 and #10 from the. July 1, 20161 meeting To increase the number ofl lots for Phase 3 from 56 lots to 63 lots D.R. Horton, Inc. Whispering Creeks Subdivision Phase 3 (Approved 165 lots for Phases 1A, 1B,2A, 2B and 3 and 100 lots have been platted for Phases 1A, 1B, 2A and 2B, SO adding 63 lots would still be under the To reduce the right-of-way from 50: feet to 46: feet to match the existing right-of-way total of165) throughout the subdivision. IV. #ZM-17-06: Nancy Thompson 24461 East Maddox Road 7-226-112 (7 acres) Tom modify conditions from December 4, 20061 meeting annexing the property tol R-100 1. The site shall be developed in accordance with the site plan submitted with this 2. The driveway width on the site plan shall be changed to 18 feet. 3. The developer shall obtain a traffic study for the intersection of East Maddox Road and South Bogan Road to see ifat traffic signal and/or road improvements are warranted for this project. Ifat traffic signal and/or road improvements are warranted, then the developer shall be required to install 4. A gated residential community as per site plan submitted with this application To remove all the conditions to allow the potential buyer to use the property to build one 7. Approve final plat for DME Investments LP, Bristol Industrial Way, to divide Lot 13 (4.66 acres) to Lot 13A (2.74 acres) and Lot 13B (1.92 acres) allowing 47.89 feet ofroad frontage on Lot 13B and an access easement to two existing buildings. 8. Accept construction and permanent utility easement from Crowell Brothers Funeral 9. Consider: renewal of agreement with Proofoft the Pudding by MGR, Inc. 10. Consider approval of contract amendment with Municipal Gas Authority of Georgia for Annual Subscribed Regulatory Compliance Service Agreement. 11. Authorize Chairman to enter into a joint consent agreement with the Georgia Public Service Commission regarding adoption oft the Barrow County Countywide Safety 12. Authorize Chairman to enter into an Intergovernmental Agreement between Gwinnett County and the City of Buford regardingjointly funded 2014 and 2017 13. Consider approval and extension of contract with Republic Services for commercial 14. Authorize City Manager and City Attorney to negotiate and purchase 16.43 +/- 15. Authorize Chairman, City Manager and City Attorney to proceed with negotiations 16. Authorize City Manager to sign release and waiver with Georgia Department ofTransportation for October 21, 2017 concert at Buford Community Center. 17. Authorize Chairman to sign Georgia Department ofTransportation Indemnity Application. (see attached) them at the developer's expense. (1)single family residence per the submitted plan. Home located on Morning Sidel Drive. Plan. SPLOST Projects. sanitation services. acres located at 995 Gainesville Highway. and purchase of property located at 205 and 206 Kent Road. Agreement for street lighting at Gateway project located at SR 20 and Plunkett 18. Authorize Chairman and City Manager to sign agreement withl MEAG Power 19. Adopt amendment to City ofl Buford Anti-Drug & Alcohol Plan per requirements of Road. for 2018 Supplemental Power Supply. Code ofl Federal Regulations. 20. Authorize release ofj pledged funds with Peoples Bank & Trust. 21. Authorize payment #3 for South Lee Street LCI project. 22. Authorize payment #3 for Southside Trunk Sewer project utilizing SPLOST 2008 and enterprise funds. 23. Authorize payment #8 for new Buford City Gym. 24. Authorize Peek Paving final invoice (2017 LMIG OSS Grant). 25. Authorize change order #1 for Washington Street sidewalk improvements (CDBG project). 26. City Manager'si report 27. City Attorney's report.