BUFORD CITY COMMISSION MEETING  March 4, 2019  1.1 Pledge to the Flag.  2. Approve the agenda as presented.  3. Approve the minutes from the February 4, 2019 meeting. 4. Change April meeting to April 2,2019.  5. Rezoning LW-1POIHSUP-19-0: Embry Real Estate Partners, LLC  4096 Gainesvillel Highway, 4000 Carter Road and 4022 Carter Road Parcel: 08-151-003001, 08-151-003011 and 08-151-003016 Zoning from R-100/RA-200 to R-100 with a special use permit  Acres: 23.7  Request to allow rezoning from R-100/RA-200 to R-100 with a special use permit to  allow a CSO Subdivision. PaZRecommendation:  2-19-OI/#SUP-19-0: Embry Real Estate Partners, LLC: request rezoning for the property located at 4096 Gainesville Highway, 4000 Carter Road and 4022 Carter Road from R-100/RA-200 to R-100 with a special use permit to allow a Conservation Subdivision. Jeff Pruitt spoke on behalf oft the applicant stating they are proposing 61 lots with approximately 181 homes shall be basement lots. He also stated a recreation area will be provided and the houses shall have a minimum 2800 square feet. He also asked the Board to not require a wooden fence between this subdivision and Mabry Ridge, but to allow enhanced landscaping as a screen. Mr. Kerlin, City Manager, explained the Conservation Subdivision Ordinance to the Board and asked them to consider the staff report from McFarland-Dyer & Associates with the condition of46 lots. He also stated that the developer shall provide al landscape strip between the two subdivisions and along Buford Highway to screen said development. There were no objections from the audience. Motion by Wayne Johnson and seconded by Homer Whiting to recommend approval oft the rezoning request to R-100 with a Conservation 1. The applicant shall provide the City of] Buford a sewer capacity analysis by a Georgia registered civil engineer indicating the existing pump station will not be brought above capacity with this proposed development. Any improvements  Subdivision with the following conditions:    needed tot thej pump station fori increasing capacity would be at the expense ofthe owner and designed per City of] Buford standards. Or, the City's Utility Department determines the development will have insignificant impacts to the 2. The maximum number of lots shall be 46: single family lots with ai net density of 3. The development shall consist of single family residential front entry lots and the minimum open space shall be 8.30 acres at 28.08% which is lower than the minimum open space per the Conservation Overlay District Ordinance of4 40%. 4. Amandatory homeowner's association (HOA) shall be provided and responsible for maintenance of all common open space, individual homeowner's! lots, stormwater detention facilities including all requirements of management per 5. Minimum lot areas shall be 6600 square feet and 50: feet in width. 6. The building setback shall be 25-foot front, 25-foot rear and 5-foot side setbacks with ai minimal distance between homes at 15-feet. 7. All homes shall be no less than 2800 square feet, excluding the basement, both 8. All homes tol have ai minimum two car garage. 9. All homes shall be constructed with four sides brick or stone with architectural accents not to exceed 40% on the front elevation and accents not to exceed 35% on the side or rear elevations. Accents shall: include brick, stone, rock, stucco, shakes, hardiplank and concrete siding as approved by the Planning Director. 11.4 All newly constructed streets shall have a minimum 50-foot right-of-way with a 28-foot wide streets from back of vertical curb tol back of vertical curb. 12. Areas adjacent to the Mabry Ridge Subdivision shall have a 10-foot landscape embankment or berm on the property line with al black vinyl coated chain link 13. Areas along Buford Highway to the floodplain shall have a 10-foot landscape strip to screen said development with al black metal decorative fence with brick 14. Street lights shall bej provided throughout the project as approved by the City. All 15. Carter Road shall be brought to the City of Buford street standards including any necessary right-of-way to be dedicated for improvement implementation. 16. The proposed community shall not be site plan specific, but shall be developed in general accordance with the rezoning site plan and substantially similar to lot and street design. The applicant shall provide the Planning Director all required site analysis data per Section 1317: for review and approval prior to the submittal of development plan permit applications. Ifthe site analysis data reveals the need for major revisions to the current sitej plan, the applicant shall apply for a change 17.All yards shall be sodded. Two (2) ornamental trees to be planted per lot. (crape  capacity based oni internal records. the 2.2 units per acre.  Section 1317.A.  finished and unfinished.  10. All driveways to be ai minimum of18-feet in width.  fence to bei installed on1 the developer's: side.  columns.  utilities shall be located underground.  in conditions and be reconsidered by the City Commission.  myrtles preferred).  2    18. Rental ofhousing units shall be restricted to 10% and the restriction shall bej part 20. Deceleration lane to bej provided on Carter Road along with a 5-foot sidewalk from Atlanta Highway toj property line on the west side of property corner. 21. Atlanta Highway improvements shall be per the standards and review by the State DOT. A5-foot sidewalk shall be required by the City of] Buford along the Atlanta  oft thel Declaration of Covenants, restrictions and easements. 19.. Architectural shingles shall be used as roofing material.  Highway frontage.  Ayes-5 Nays-0 II.# #Z-19-05: Marty Orr Jackson Street Parcel: 7-294D-191 Zoning from M-1 to R-100 Acres: 0.434  Request rezoning from M-1 to R-100. PaZReemmendation:  #Z-19-05: Marty Orr requests rezoning for the property located on. Jackson Street, being parcel 7-294D-191, from M-1 tol R-100. The applicant was present and stated this wasa single lot and proposing tol build one. house. around 2000 square feet with brick or stone on the front elevation and hardiplank on the side and rear elevations similar to the homes on South Hill Street. The Board stated the recommendation was to allow a minimum 2800 square foot house with 4 sides brick or stone with accents not to exceed 60% on each elevation, but would consider 2200'-2400 house with the rear being 100% hardiplank siding. There were no objections from the audience. After a brief discussion, motion by Homer Whiting and seconded by Bobby Davis to recommend approval oft the 1. The front setback shall be 25: feet and the rear setback shall be 30: feet. The side 2. The minimum gross heated floor for ai ranch home shall be 2200 square feet and for a two-story home shall be 2400 square feet, which shall exclude the basement, both finished and unfinished. The home shall have a two (2) car garage. 3. The home shall be constructed with 3 sides brick or stone with architectural accents not to exceed 60% on each elevation. The rear shall be 100% hardiplank siding. Accents shall include brick, stucco, rock, shakes, hardiplank and concrete  rezoning to R-100 with the following conditions:  setback shall be a minimum of5 feet.  siding as approved by the Planning Director. 4. The driveway shall be ai minimum of1 18 feet in width. 6. Architectural shingles shall be used as roofing material. 7. Install curb and gutter and 5-foot sidewalk with 2-foot landscape strip.  5. All yards shall be sodded.  3    Ayes-5 Nays-0  II. #Z-19-06/SUP-19-UE William Fricks/Donrob Investments 2343 Brown Road Parcels: 7-143-051/7-143-055 Acres: 3.29  Requesting rezoning from RA-200 to C-2 with a special use permit to allow outdoor  events and to be able to offer overnight accommodations.  PaZResommendation:  #Z-19-06/SUP-19-06/#SUP-19-07: William Fricks and Donrob Investments, LP requests rezoning for the property located at 2343 Brown Road, being parcels 7-143-051 and 055 from RA-200 to C-2 with a special use permit to allow outdoor special events and to offer overnight accommodations. Mr. Fricks was present and explained that the use would be an event center and would like to offer overnight stay for the guests that would bel holding retreats and events at this facility. He stated there would be 60 parking spaces and there would be no parking on Brown Road. They would like for the entrance tol keep its residential look and feel and not to look like a business. Tony Sheffler, adjacent property owner, spoke in favor of the request and said it would be a great addition to the area. There were no objections from the audience. Motion by Wayne Johnson and seconded by Homer Whiting to recommend approval of the rezoning to C-2 with the special use permits as requested with the following  conditions:  1. The commercial use oft the subject property is limited to recreation facility, indoor and outdoor. A residential occupancy ofthe existing home shall not be an allowable use. Overnight boarding of guest similar to a bed and breakfast fora hotel is considered under special use permit #SUP-19-07 with the following a. Maximum occupancy is limited to two persons per bedroom plus two additional persons per household from 11:00 p.m. to 8:00 a.m. The total occupancy for overnight accommodations is 16 guests. b. The owner shall provide the City of] Buford a 24-hour contact person to respond to ifthe City of Buford should receive any violations oft the. Zoning Ordinance or any disturbances or complaints. The point person contact will work with the City of Buford stafft to remedy the situation regarding the conditions, operation or conduct of occupants ofthis property. Maximum rental period to the same client is 10 days. d. Fire Department inspection shall be required prior to the issuance ofa  associated conditions:  certificate ofo occupancy.  4    2. Future changes to the special use permit or thej proposal of another commercial use shall require the request to be reconsidered as a separate rezoning case and/or 3. Subsequent land development permit or building permits shall be approved by the 4. The approval of this rezoning application does not provide variances or waivers to 6. All associated parking and drive isles shall be constructed ofa a permanent hard surface such as asphalt or concrete meeting minimal standards oft the City of  special use permit.  City prior to a certificate ofc occupancy. the City's Zoning and/or Development Regulations. 5. On-streets parking shall be prohibited. Buford Development Regulations.  Ayes-5 Nays-0 6. Special Use Permit I.# #SUP-19-02: Alec NG  4991 B. U. Bowman Drive, Unit 100 Parcel: 08-157A-000003  Requestings special use permit to allow an auto tire service.  Planning & Zoning Recommendation:  #SUP-19-02: Alec NG requested a special use permit for the property. located at 4991 B.U. Bowman Drive, Unit 100. The special use permit requested is to allow an auto tire service. The applicant was present and explained the request to the Board. There were no objections from the audience. Motion by Harley Bennett and seconded by Homer Whiting to recommend approval of the special use permit as requested with the following 1. Outdoor storage of automotive parts, junk vehicles or automotive repair related 2. All automotive installation or repairs shall take place within the building. Outdoor installation or repair operations shall be prohibited.  conditions:  equipment shall bej prohibited.  Ayes-5 5 Nays-0  5    II. #SUP-19-03: Hang Nguyen 3616 South Bogan Road, Suite 101 Parcel: 7-219-002  Requesting special use permit to allow micro blading (permanent makeup). #SUP-19-03: Hang Nguyen requested a special use permit for the property located at 3616 South Bogan Road, Suite 101. The special use permit requested is to allow micro- blading. The applicant was present and explained the request to the Board. She stated that this is a cosmetic procedure for the eyebrows only and is semi-permanent and lasts about 1 % years. The Board stated that micro-blading would be considered a tattooing technique, but differs from the standard tattooing with it being a semi-permanent pigment to the skin. The Board did not object for the use of cosmetic purposes only. There were no objections from the audience. After a brief discussion, motion by Homer Whiting and seconded by Harley Bennett to recommend approval of the special use permit as 1. To be used for cosmetic purposes only for the eyebrows and to be semi-  Planning & Zoning Recommendation:  requested with the following conditions:  permanent. Ayes-5 Nays-0 II. #SUP-19-04: Radial Property Group, LLC  1357/364/3671374 Buford Business Boulevard Parcel: 7-258-349/7-258-258-350/7-258-351/7-258-352  Requesting special use permit to allow an office/warehouse condominium. #SUP-19-04: Radial Property Group, LLC requested a special use permit for the property located at 1357/364/3671374 Buford Business Boulevard. The special use permit requested is to allow an office/warehouse condominium. The applicant was present and explained the request to the Board. One adjacent property owner: from Highland Creek Subdivision had questions about developing the property with concerns ofgrading, buffers, slopes, privacy fence and safety issues. The Board stated there is a 50-foot undisturbed buffer against residential properties. After al brief discussion, motion by Homer Whiting and seconded by Bobby Davis to recommend approval oft the special 1. The applicant shall provide the City of Buford with recorded copies of the Condominium Associations By-Laws and Covenants for its records. The By-  Planning & Zoning Recommendation:  use permit as requested with the following conditions:  6    Laws and Covenants shall include contact and responsibility of stormwater system maintenance, site and building code compliance. 2. Impose a 50' undisturbed buffer adjacent to residential properties.  Ayes-5 5 Nays-0 IV. #SUP-19-09: Nizar Dayani 2490 Satellite Boulevard Parcel: 7-229-130  Requesting special use permit to allow a 5-story dual brand hotel.  Planning & Zoning Recommendation:  #SUP-19-09: Nizar Dayani requested a special use permit fort the property located at 2490 Satellite Boulevard. The special use permit requested is to allow a 5-story dual brand hotel. The applicant was present and explained the request to the Board. He stated this is al Best Western hotel with 80: rooms and 40% oft the rooms to be extended stay suites. Mr. Kerlin stated that these rooms cannot be considered apartments for living purposes because this would affect service delivery, which includes students that may attend Buford City Schools. The Board stated they could provide a nightly room rate with a maximum 14-day stay and rooms limited to ai refrigerator, microwave and coffee pot. The applicant agreed. There were no objections from the audience. Aftera al brief discussion, motion by Homer Whiting and seconded by Wayne Johnson to recommend approval the special use permit as requested with the following conditions: 1. Approval of the special use permit does not grant reliefo ofany Development 2. Prior to the issuance of any permits the owner: must provide copies of temporary 3. Thej proposed development shall not alter the parking spaces ofthe adjacent property and all drive isles connecting the sites through inter-parcel access shall meet all minimal requirements oft the City of Buford and Gwinnett County Fire 4. The hotel shall operate as ai nightly rate hotel and rooms shall be limited to a 6. Up to 40% oft the rooms may be executive residency rooms with a maximum 14-  Regulations or Zoning Ordinance standards.  construction easements from the adjacent property owners.  codes.  refrigerator, microwave and coffee machine. 5. Maximum occupation ofar room shall not exceed 14 days.  day stay with a nightly rate.  Ayes-5 Nays-0  7    V.#SUP-19-10: Steve Faiella 4915Lanier Islands Parkway Parcel: 08-157-000035  Requesting special use permit to allow a carwash. Planning & Zoning Recommendation:  #SUP-19-10: Steve Faiella requested a special use permit for the property located at 4915Lanier Islands Parkway. The special usej permit requested is to allow a car wash. The applicant was present and explained the request to the Board. There were: no objections from the audience. Motion by Harley Bennett and seconded by Homer Whiting to: recommend approval ofthe special use permit as requested with the following 1. The development permit construction drawings shall be substantially similar to the site plan provided with this special use permit application. 2. The approval oft the special use permit is not approval ofa any relief from the requirements oft the Development Regulations or Zoning Ordinance.  conditions:  Ayes-5 Nays-0 7. Annexation: Hall County 08-151-002003 Property: 5340 Frazer Road Acres: 23.99 Zoned From: AR-III  I.T Tract #1 - Plat #568/#Z-19-10/#SUP-19-05 Frazer24, LLC  4705 Hamilton Mill Road, Suite 300 Buford, GA 30518  Zoned To: R-100 with special use permit for CSO subdivision  Planning & Zoning Recommendation:  Plat #568/HZ-19-04/#SUP-19-05: Frazer24, LLCI requests annexation and rezoning for the property located 53401 Frazer Road from AR-III to R-100 with a special use permit to allow a Conservation Subdivision. Keith Breedlove spoke on behalf oft the applicant and stated they are proposing 50 single family homes with 6 acres ofc open space. Several property owners along Frazer Road and Wildwood Subdivision spoke in opposition oft the request. They stated that Frazer Road is a substandard road, in need ofr maintenance and had concerns about the ability oft the road handling the increased traffic from the additional subdivision and traveling safely with the additional cars on the road. One gentlemen asked about the stormwater runoff and another gentleman had questions about the side setbacks being reduced to five (5) feet. Mr. Breedlove stated that they would be  8    installing a detention pond tol handle the stormwater. He also stated that the side setbacks were five (5) feet from the property line with al house separation of15 feet. After al brief discussion, motion by Homer Whiting and seconded by Bobby Davis to recommend approval oft the annexation, rezoning tol R-100 and special use permit as requested with  the following conditions:  1. The maximum number ofl lots shall be 50 single family lots.  2. The development shall consist of single family residential front entry lots and the minimum open space shall be 6.07 acres at 25.3% which is lower than the minimum open space pert the Conservation Subdivision Ordinance of 40%. 3. Ar mandatory homeowner's association (HOA) shall bej provided and responsible for maintenance of all common open space, individual homeowner's lots, stormwater detention facilities including all requirements of management per 4. Minimum lot areas shall be 10,000-square feet and 75-feet in width. 5. The building setbacks shall be 30-foot front, 25-foot rear and 5-foot side setbacks with ai minimal distance between homes at 15-feet. 6. All: ranch homes shall be no. less than 2400 square feet and all two-story homes shall be no less than 2800 square feet, excluding the basement, both finished and 8. All homes shall be constructed with four (4): sides brick or stone with architectural accents not to exceed 40% on the front elevation and accents not to exceed 35% on the side or rear elevations. Accents shall include brick, stone, rock, stucco, shakes, hardiplank and concrete siding as approved by the Planning Director. 10. All newly constructed streets shall have a minimum 50-foot right-of-way with 28- foot wide streets from back of vertical curb tol back of vertical curb. 11. Street lights shall bej provided throughout the project as approved by the City. All 12. Frazer Road shall be brought to the City ofBuford street standards including any necessary right-of-way to be dedicated for improvement implementation. 13. The proposed community shall not be site plan specific, but shall be developed in general accordance with the rezoning site plan and substantially similar to lot and street design. The applicant shall provide the Planning Director all required site analysis data per Section 1317 for review and approval concurrent to the submittal 14. All yards shall be sodded. Two (2) ornamental trees to be planted per lot. (crape 15. Rental of housing units shall be restricted to 10% and the restriction shall be part 17. Deceleration lane to be provided on Frazer Road including a 5-foot sidewalk with 18. 5-foot interior sidewalks to be provided on both sides oft the interior street with 2-  Section 1317.A.  unfinished.  7. All homes tol have a minimum two car garage.  9. All driveways to be ai minimum of18-feet in width.  utilities shall be located underground.  ofdevelopment plan permit applications.  myrtles preferred).  oft the Declaration of Covenants, restrictions and easements. 16. Architectural shingles shall be used as roofing material. a2-foot landscape strip along the road frontage. foot grass strip between the back of curb and sidewalk.  9    Ayes-5 Nays-0  8. Zoning Modification: #ZM-19-01:  Dennis Gutierrez 80 South Alexander Street  To reduce the front setback on W. Moreno Street to 17.2 feet To reduce the front setback on S. Alexander Street to 19.4 feet  9. Consider exemption plat for Jeff Henderson.  10. Consider wastewater sewer allocation for Dunkin Donuts at 4803 Golden Parkway. 11. Authorize and request introduction oflocal legislation to ratify and reaffirm the corporate limits oft the City of] Buford per reference to the City's Official map. 12. Authorize City Manager to proceed with the Phase II of the Sewer Trunk Line Improvement project and acquire easements for project by means necessary. 13. Authorize City Manager to sign sewer easements associated with Lanier Harbor 14. Authorize approval ofinstallation of speed limit sign(s) and stop sign(s) in Brentwood Subdivision subject to approval of City Engineer.  pumping station.  15. Authorize Chairman to submit 2020 CDBG Program Grant applications to Gwinnett  County.  16. Approve special events (2) at Buford Youth Sports Complex.  17. Consider low bid for Dacula Road at SR 8 natural gas facilities relocation project. 18. Authorize payment #5 for Hamilton Mill Road gas relocation project. 19. Authorize payment #3 (final) for SR 13 at Heraeus Boulevard Intersection 20. Authorize payment #5 for City of Buford parking deck project.  improvements project.  10    21. City Manager'si report. 22. City Attorney's report.  NOTE: The City of Buford does not discriminate on thel basis of disabilityi int the admission or access to, or treatment ore employment in, its programs or activities per the Americans with Disabilities. Act of 1992. Bryan Kerlin, City Manager, 770-945-6761, has been designated to coordinate compliance with the non-discrimination requirements contained in Section 35.107 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 Buford will assist citizens with special needs given proper advance notice. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting, program, or activity oft the Citys should bed directed tot the ADA Coordinator, Bryan Kerlin, 23001 Buford) Highway, Buford, Georgia, 770-945-6761.  11