BUFORD CITY COMMISSION MEETING July 17, 2023 Buford City Hall 7:00 p.m. 1.1 Pledge to the Flag. 2. Approve the agenda as presented. 3. Approve the minutes from the June 5, 2023 meeting. PUBLIC HEARINGS 4. Rezonings: I.# #Z-23-16: Karma Salon & Spa 4695 South Lee Street Parcel: 7-294A-056 commercial (C-2) PaZResommendation: Requesting rezoning from single family residential (R-100) to #Z-23-16: Karma Salon & Spa requested rezoning for the property located at 4695 South Lee Street from R-100 to C-2. Mitch Peevy spoke on behalfoft the applicant and stated they are proposing a salon at this location. He stated this will be a small salon and will be by appointments only. There were no objections fromi the audience. Motion by Harley Bennett and seconded by Jeff Pirkle to recommend approval ofthe rezoning to C-2 with the following conditions: 1. The construction of the proposed retaining wall shall not encroach onto adjacent properties including tie backs and temporary construction access. 2. Proposed retaining walls shall be required to be designed and sealed by a Georgia Registered Civil Engineer as required by building code. 3. The required zoning buffer shall be reduced to zero with a privacy fence and enhanced landscaping of evergreen trees to provide a year-round screen. Final fence and enhanced landscape design shall be approved by the Planning Director prior to the approval of any subsequent permits. 4. The site improvements shall be in general conformance to the plan submitted with the zoning application with minor adjustments to comply with the zoning conditions and development regulations. Final site plan shall be 5. No business-related on street parking shall be located on any public street. 6. The proposed site improvements shall be in compliance with the City's approved by the Planning Director. stormwater management regulations. Ayes-4 Nays-0 II. 1-23-17#SUP-23-1: Old Atlanta Commerce, LLC 4266 Hamilton Mill Road Parcel: 7-262-007 commercial (C-2) PaZRecommendation: Requesting rezoning from single family residential (R-100) to #Z-23-17#SUP-23-11: Old Atlanta Commerce, LLC requested rezoning for the property located at 4266 Hamilton Mill Road from R-100 to C-2 with a special use permit to allow a climate-controlled mini-self storage facility. William Diehl, attorney for applicant, explained the request to the Board. He stated this would be aclimate-contrlled self-storage and there would be fencing and landscaping to screen this development from the adjacent residential properties. He stated that the property is narrow and long and would not be suited for the typical retail use and the proposed use is in compliance with the City of Buford's Comprehensive Plan. Ronnie Puckett asked about access to the property from Hamilton Mill Road. Jeff Anglin, adjacent property owner, asked about the buffer next to his residential property and installing a fence. Mr. Diehl stated the buffer is 75 feet and they would be installing a fence with landscaping for screening. Ken Adams asked about the buffer and landscaping to screen properties along Thrasher Road. Mr. Diehl stated the buffer would be 75 feet and would provide enhanced landscaping for this area along Thrasher Road properties. Alex Crowe, 4277 Hamilton Mill 2 Road, submitted a letter in opposition to the request and his wife spoke at the meeting with concerns about the area changing to commercial and increase in traffic. Sherri Crowe also spoke with concerns ofincreased traffic and decrease in property values for the residential properties. After a brief discussion, motion was made by Wayne Johnson and seconded by Harley Bennett to recommend approval ofthe rezoning to C-2 with the special use permit as requested with the following conditions: 1. The approval to reduce the required parking from 63 parking spaces to 7 parking spaces is conditional upon the applicant demonstrating that a fire access lane is compliant per International Fire Code (IFC) and be maintained around the perimeter oft the building without vehicles blocking the lane while loading and unloading. Should the Gwinnett County Fire. Marshal deny the current site plan layout, the parking reduction variance is denied, and the applicant shall be required to comply with Buford City Code concerning parking spaces. All loading and unloading areas are to be striped 2. Per the City ofBuford Zoning Ordinance Section 605-606, Minimum Undisturbed Buffer Requirements, C-2 zoned properties shall provide a minimum of75' undisturbed buffer for screening adjacent to residential. The applicant shall replant areas that are void of vegetation for effective screening. The final plan is to be reviewed and approved by the Planning 3. Landscape and architectural design shall follow section 1316.1 - Design 4. Vehicular parking shall be within designated striped parking and loading spaces and parking on grassed areas or within the fire lane is prohibited. 5. The final site plan shall be similar to the site plan provided with the application and is to be approved by the Planning Director. and labeled. Director. Requirements, Buford Zoning Ordinance. 6. Outdoor storage is prohibited on the site. 7. A fence shall be installed along the developer's side oft the property adjacent to the Anglin property on Hamilton Mill Road. The fence shall extend into the front yard. Shall provide an enhanced landscape strip to screen said development from the Anglin property. The landscape plan shall be 8. Development shall provide enhanced landscaping with a variety of evergreen trees to screen said development from the residential properties 9. The developer will coordinate with Gwinnett County DOT to dedicate the approved by the Planning Director. along Thrasher Road. necessary right-of-way for a deceleration lane. 3 Ayes-4 Nays-0 III. #Z-23-18: Meridith Simes 6157 Gaines Ferry Road Acres: 4.52 Parcel: 08-139-003008A Requesting rezoning from agricultural-residential (RA-200) to Single family residential (R-100) PaZRecommendation: #Z-23-18: Meridith Simes requested rezoning for the property located at 6157 Gaines Ferry Road, being parcel 08-139-003008A, containing 4.52 acres from RA- 200 to R-100. Jeff Pruitt spoke on behalfofthe applicant. He stated they are proposing to divide this tract into three (3) lots for residential homes. The existing home will remain on Lot #1. The two new homes will have a shared common driveway. One lady that lives on Gaines Ferry Road had concerns about increased traffic and drainage issues. She stated this area is already overdeveloped and the proposed property was a previous dumping area with toxic waste. Gail Chapman, Stillwater Subdivision, had concerns with decreased property values. After a brief discussion, motion by Wayne Johnson and seconded by Jeff] Pirkle to recommend approval oft the rezoning to R-100 with the following conditions: 1. The proposed lots shall meet the standards ofR-100 zoning for lot area. Lot #1 shall have the road frontage width reduced from 100 feet to 50.07 feet. Lot #2 and Lot #3 shall have the road frontage reduced from 40 feet to 0. 2. Prior to the issuance ofa any subsequent permits the applicant shall provide an exemption plat for review and approval. The exemption plat shall include a30 access/utility easement as shown on the site plan provided with the application. Lot #2 and Lot #3 shall have a 20' wide shared driveway and shall be recorded with access maintenance agreements with said driveway 3. The existing home shall remain on Lot #1 and shall be remodeled as 4. Only one (I)residential home is allowed for single-family dwelling, per lot, and submitted to the City. approved by the Planning Director. within R-100 district. 4 5. The applicant shall provide a house location plan (HLP) with the building 6. The homes shall be constructed with four (4) sides brick or stone with accents not to exceed 20% on each elevation. Accents shall include brick, stucco, rock, shakes, hardiplank and concrete siding as approved by the 7. The proposed home shall have a minimum gross heated floor area of3400 square feet exclusive of garages or basements and shall have a minimum of permit to be approved by the Planning Director. Planning Director. two (2) car garages. 8. The driveway shall be a minimum width of 18 feet. ornamental trees planted in the front yard. 9. All front and side yards shall be sodded and shall have two (2) 3-inch 10.Road improvements including curb and gutter and 5-foot sidewalk is required along Gaines Ferry Road. All improvements shall meet the standard of City of Buford code and ordinances. Ayes-4 Nays-0 5. Special Use Permits: I# #SUP-23-12: Babbs Engineering Consultants 5574 Lanier Islands Parkway Zoning: Commercial (C-2) 07-329-001012 Requesting a special use permit to allow a boat and RV storage facility. PaZRerommendation: #SUP-23-12: Babbs Engineering Consultants requested a special use permit for the property located at 5574 Lanier Islands Parkway. The special use permit requested is to allow a boat and RV storage facility. Torris Babbs spoke on behalf of the applicant and explained the request to the Board. He stated they are proposing a boat and RV storage facility and this development would have an extremely low impact to the area. There were no objections from the audience. Motion by Harley Bennett and seconded by Wayne Johnson to recommend approval oft the special use permit as requested with the following conditions: 5 1. Approval of this special use permit is for al boat and RV storage facility and 2. The approval ofa special use permit does not provide approval of variances 3. The road frontage shall have a 15-foot enhanced landscape strip directly adjacent to Lanier Islands Parkway planted with a variety of evergreen trees and shrubs. The final plan is to be approved by the Planning Director. 4. No accumulation ofjunk boats, vehicle RV's and mechanical repairs shall 5. All parking and driveway surfaces to be asphalt or concrete with curb and gutter meeting the minimal standards of the City of Buford Development 6. The fence and gate along the frontage ofLanier Islands Parkway shall be located behind the 15-foot enhanced landscape strip and be a black metal decorative fence with brick columns. The remaining fence along the sides and rear shall be a black vinyl coated chain link fence. Final design and 8. The final permitting plan shall be substantially similar to the site plan will expire should the use change. or alterations to any local, state, or federal regulations. bej prohibited on site. Regulations. location shall be approved by the Planning Director. 7. All drive isles shall be no less than 24 feet in width. provided with this application. Ayes-4 Nays-0 II. #SUP-23-13: Strike Eagle Investments, LLC 3325 Gravel Springs Road Zoning: Commercial (C-2) 7-186-098 Requesting a special use permit to allow a climate-controlled storage facility. PaZRecommendation: #SUP-23-13: Strike Eagle Investments, LLC: requested a special use permit for the property located at 3325 Gravel Springs Road. The special use permit requested is toa allow a climate- controlled storage facility. Mitch Peevy spoke on behalfofthe applicant and explained the request to the Board. He stated they are proposing two 6 (2) buildings with a reduction in the undisturbed buffer from 75 feet to 50 feet. There were: no objections from the audience. Motion by Harley Bennett and seconded by Jeff] Pirkle to recommend approval oft the special use permit as requested with the following conditions: 1. Approval ofthis special use permit is for a climate-controlled storage facility 2. No outdoor storage ofjunk vehicles is allowed on the site. 3. Landscape and architectural design shall follow Section 1315 - Mall of 4. The applicant shall provide an enhanced 15' landscape strip adjacent to Gravel Springs Road. The landscape plan shall incorporate metal decorative fencing and a variety of evergreen trees and shrubs for an effective screen. The final fence, gate and landscape design shall be reviewed and approved 5. Parking design shall follow the standards outlined in Section 1315.1- 6. The 75' undisturbed buffer shall be reduced to a 50' undisturbed buffer including the construction of retaining walls and retaining wall tie back installation. In areas where the existing vegetation is sparse the applicant shall replant the area with a mixture ofevergreen trees and shrubs. The final landscape plan shall be reviewed and approved by the Planning Director. 7. The final permitting plan shall be substantially similar to the site plan 8. The final plan shall be approved by the Planning Director. and will expire should the use change. Georgia Overlay District requirements. by the Planning Director. Findings and Purposes. provided with this application. 9. Toa allow a black metal decorative fence with brick columns in the front yard along Gravel Springs Road with black vinyl coated chain link fence on the sides and rear with enhanced landscaping ofa variety of evergreen trees to 10.To reduce the required parking spaces from 36j parking spaces to a total of 11.All exterior lighting shall be cut-off luminaries and shall be directed and screen said development from the residential properties. 10 parking spaces (5 parking spaces for each building). shielded SO as to illuminate the development only. Ayes-4 Nays-0 7 II. #SUP-23-14: Thomas & Hutton 4141 & 4151 Gainesville Highway 08-151-002014 & 08-151-002015 Zoning: Commercial (C-2) Requesting a special use permit to allow a boat and RV storage facility. #SUP-23-14: Thomas & Hutton requested a special use permit for the property located at 4141 and 4151 Gainesville Highway. The special use permit requested is to allow a boat & RV storage facility. Tonya Woods spoke on behalfofthe applicant and explained the request to the Board. She stated they are proposing an open boat and RV storage facility and with a reduction in the undisturbed buffer from 75 feet to 50 feet. There were: no adjacent property owners present. There were no objections from the audience. Motion by Wayne Johnson and seconded by Harley Bennett to recommend approval ofthe special use permit as requested Pa/Recommendation: with the following conditions: 1. Approval of this special use permit is for a boat and RV storage facility and 2. The 75' undisturbed buffer shall be reduced to a 50' undisturbed buffer including site construction. In areas where the existing vegetation is sparse the applicant shall replant the area with a mixture of evergreen trees and shrubs. The final landscape plan shall be reviewed and approved by the 3. The approval ofa special use permit does not provide approval of variances 4. The road frontage shall have a 15-foot enhanced landscape strip directly adjacent to Gainesville Highway planted with a variety of evergreen trees and shrubs. The final plan is to be approved by the Planning Director. 5. No accumulation ofjunk boats, vehicle RV's and mechanical repairs shall 6. All parking and driveway surfaces to be asphalt or concrete with curb and gutter meeting the minimal standards oft the City of Buford Development 7. The fence and gate along the frontage of Gainesville Highway shall be located behind the 15-foot landscape strip and be a black metal decorative fence with brick columns. The remaining fence along the sides and rear will expire should the use change. Planning Director. or alterations to any local, state, or federal regulations. be prohibited. Regulations. 00 shall be a black vinyl coated chain link fence. Final design and location 9. The final permitting plan shall be substantially similar to the site plan shall be approved by the Planning Director. 8. All drive isles shall be: no less than 24 feet in width. provided with this application. Ayes-4 Nays-0 IV. #SUP-23-15: David Rothwell 5575 Lanier Islands Parkway 07-329-001003C Zoning: Commercial (C-2) Requesting a special use permit to allow for boat sales. PaZRecommendation: #SUP-23-15: David Rothwell requested a special use permit for the property located at 5575 Lanier Islands Parkway. The special use permit requested is to allow boat sales. The applicant was not present. There were no objections from the audience. Motion by Harley Bennett and seconded by Wayne Johnson to recommend approval oft the special use permit as requested with the following conditions: 1. Approval oft this special use permit is for boat sales and will expire should 2. The approval of a special use permit does not provide approval of variances 3. The road frontage shall have a 15-foot enhanced landscape strip directly adjacent to Lanier Islands Parkway planted with a variety of evergreen trees and shrubs. The final plan is to be approved by the Planning Director. 4. No accumulation ofjunk boats, vehicle RV's and mechanical repairs shall 5. All parking and driveway surfaces to be asphalt or concrete with curb and gutter meeting the minimal standards oft the City of Buford Development 6. The fence and gate along the frontage ofLanier Islands Parkway shall be located behind the 15' enhanced landscape strip and be a black metal the use change. or alterations to any local, state, or federal regulations. be prohibited on site. Regulations. 9 decorative fence with brick columns. Thei remaining fence along the sides and rear shall be a black vinyl coated chain link fence. Final design and 8. The final permitting plan shall be substantially similar to the site plan location shall be approved by the Planning Director. 7. All drive isles shall be no less than 24 feet in width. provided with this application. Ayes-4 Nays-0 6. Annexations: IP Plat# #671: Applicant/Owner: Timothy Scott Autry 2995 Springlake Drive Buford, GA 30519 Property: 2995 Springlake Drive, Gwinnett County Parcel: 7-225-159 Acres: 0.76 Zoned From: R-100 Zoned To: R-100 PaZResommendation: Plat #671: Timothy Scott Autry requests annexation and zoning for the property located at 2995 Springlake Drive from R-100 to R-100. The applicant was present and stated he would like to be in the City. Gwinnett County did not object to this annexation and zoning request and there were: no objections from the audience. Motion by Harley Bennett and seconded by Jeff] Pirkle to recommend approval of the annexation and zoning to R-100 and ift the existing home is removed or any new. home constructed, the new home shall comply with the following conditions: 1.1 Home shall have a minimum gross heated floor area of 2800 square feet exclusive of garage of basement. Shall have a minimum 2-car garage. 2. Home shall be constructed with four (4) sides brick or stone with accents not to exceed 20% on the front, side and rear elevations. Accents shall include brick, stone, stucco, rock, shakes, hardiplank and concrete siding as approved by the Planning Director. 3. The driveway shall be a minimum width of 18 feet. 10 4. The front and side yards shall be sodded. 5. Shall plant two (2) ornamental trees in the front yard. Ayes-4 Nays-0 II. Plat# #672/#Z-23-20: Applicant/Owner: Bogan Enterprises, LLC clo Mitch Peevy 4525 South Lee Street Buford, GA 30518 Property: Plunkett's Road/Blue Ridge Drive, Gwinnett County Parcel: 7-218-100 Acres: 1.15 Zoned From: R-100 Zoned To: 0&I PaZRecommendation: Plat #672/Z-23-20: Bogan Enterprises, LLC: requests annexation and rezoning for the property located at the corner of Plunkett Road and Blue Ridge Drive, being parcel 7-218-100, from R-100 to O-I. Mitch Peevy spoke on behalfofthe applicant and explained the request to the Board. He stated they are proposing a small building for office use. Gwinnett County did not object to this annexation and rezoning request and there were no objections from the audience. Motion by Wayne Johnson and seconded by Harley Bennett to recommend approval ofthe annexation and rezoning to O-I with the following conditions: 1. The final civil site plan shall be substantially similar to the concept plan 2. The final architectural and site plans shall meet the requirements of Article 3. Road improvements including curb and gutter and 5-foot sidewalk is required along Blue Ridge Drive and Plunkett Road. All improvements shall meet the standard of City of] Buford code and ordinances. Right-of- way dedication is required as necessary to construct the required provided with the rezoning application. XIII, Section 1315 Mall of Georgia Overlay District. improvements. Plunkett Road. 4. Sidewalk connectivity shall be required from the building to the sidewalk at 11 5. The proposed retaining wall shall be placed as shown on the concept plan provided with the application. The wall material shall be a decorative stone. Final wall design including material and elevations shall be submitted for 6. The retaining wall shall not encroach into the right-of-way of Blue Ridge 7. During construction there shall be no permanent or temporary encroachment 8. The installation of retaining wall shall have no negative drainage impacts on 9. Front building setback shall be reduced to 15' with the final site plan substantially similar to the concept plan provided with this application. 10.Parking requirements shall be based on 1 parking space per 500 sq. ft. of 11.The 50-foot undisturbed buffer shall be reduced to a 25-foot graded and replanted buffer along the southern side oft the property. The final landscape plan is to be reviewed and approved by the Planning Director. 12.Approval ofthe rezoning or concurrent variances does not provide relief for other areas oft the City of Buford's Zoning Ordinance or Development review and approval by the Planning Director. Drive. into the adjacent properties. downstream neighbors or at the adjacent road. heated floor area. Regulations. Ayes-4 Nays-0 II. Plat#673: Applicant/Owner: Teresa D. Manis 2288 Fox Run Trail Buford, GA 30519 Property: 2288 Fox Run Trail, Gwinnett County Parcel: 7-220-032 Acres: 0.647 Zoned From: R-100 Zoned To: R-100 PaZReommendation: Plat #673: Teresa D. Manis requests annexation and zoning for the property located at 2288 Fox Run Trail from R-100 to R-100. The applicant was present and stated she would like to be in the City and her child to attend the school 12 system. Gwinnett County did not object to this annexation and zoning request and there were no objections from the audience. Chairman Perkins stated this annexation would create an island for service delivery and safety concerns for the public. Motion by Jeff Pirkle and seconded by Harley Bennett to recommend denial. Ayes-4 Nays-0 IV. Plat# #679: Applicant/Owner: Jason Lee 2127 Shoal Creek Road Buford, GA 30518 Property: 2127 Shoal Creek Road, Gwinnett County Parcel: 7-326-079 Acres: 3.63 Zoned From: R-100 Zoned To: R-100 PaZResommendation: Plat #679: Jason Lee requests annexation and zoning for the property located at 2127 Shoal Creek Road from R-100 to. R-100. The applicant was present and stated he would like to be in the City and his child to attend the school system. Gwinnett County did not object to this annexation and zoning request and there were: no objections from the audience. Chairman Perkins stated this parcel was landlocked and had no road frontage on Shoal Creek Road. Motion by Wayne Johnson and seconded by Jeff Pirkle to recommend denial. Ayes-4 Nays-0 13 7. Zoning Modification: #ZM-23-04: N3 Property Advisors, LLC 4445 Nelson Brogdon Blvd. Oil Change Request to modify condition #7 oft the zoning conditions approved on September 6, 2022 to extend the construction completion date to. June 30, 2024. 8. Conduct public hearing for 2023 property tax millage rate rollback and proposed tax increase for Gwinnett and Hall Counties. 9. Conduct public hearing for Fiscal Year 2024 operating budget. END OF PUBLICHEARINGS 10. Amend the Fiscal Year 2023 operating budget to reflect actual expenditures 11. Approve amendment to Alcohol Beverage Code adding Sec. 6-56. Alcohol 12. Authorize Chairman to enter into an Intergovernmental Agreement with Hall County for Transportation Special Purpose Local Option Sales Tax through June 30, 2023. Review Board and to appoint initial members. (TSPLOST), subject to approval of City Attorney. 13. Approve Memorandum of Agreement for participation in the Metro North Planning District Smart Leak Detector Rebate program. (New District Requirement) 14. Consider request by Department of] Public Utilities and Gwinnett County Department ofTransportation to eliminate curb, gutter and sidewalk requirements on road frontage at Lanier Filter Plant due to permitting for plant upgrades. 15. Accept dedication of property from First Pentecostal Church of] Buford. 16. Consider third amendment to the Solar Power Purchase Contract with (Moreno Street detention pond) Municipal Electric Authority of Georgia (MEAG). 14 17. Authorize Chairman to sign an amendment to the Hall County Countywide Safety Plan allowing Buford to serve an additional fourteen (14) lotsina subdivision on Spouts Springs Road. 18. Consider donation ofreal property from New Frontier Investors, LLC. 19. Authorize release of pledged funds with Peoples Bank & Trust. (2.1 acres) 20. Authorize payment ofInvoice #18137-14, Invoice #18137-16 and Invoice #18137-17 totaling $328,799.23 to Breaux & Associates for new Buford High School stadium project. 21. Authorize payment ofInvoice #23107-03 and Invoice #23107-04 totaling $19,886.29 to Breaux & Associates for Buford High School concessions project. 22. Authorize payment #8 in the amount of $37,967.41 to John D. Stephens, Inc. for Waterworks Road water main relocation project and pay for project with funding from the American Rescue Plan Act grant. Southside WPCP filter replacement project. 23. Authorize payment #1 in the amount of $64,800.00 to F.S. Scarbrough for 24. Authorize payment #2 in the amount of $82,313.91 to Backbone Infrastructure, LLC for West Moreno Street improvements project. 25. Authorize payment #25 in the amount of $811,108.77 to Ruby Collins, Inc. 26. Authorize payment #1 in the amount of $88,240.41 to Glosson Enterprises, Inc. for Shadburn Ferry Road sidewalk improvements project. (CDBG) 27. Authorize payment #9 in the amount of $832,586.00 to Charles Black Construction Company, Inc. for Buford Middle School addition and for water plant expansion project. renovations project. 28. Authorize payment #5 in the amount of $836,187.00 to Charles Black Construction Company, Inc. for Buford Senior Academy addition project. 15 29. Authorize payment #4 in the amount of $68,366.00 to Charles Black Construction Company, Inc. for Southside Water Treatment Plant Office Building project. 30. Authorize payment ofInvoice #11 in the amount of$176,940.99 to Charles Black Construction Company, Inc. for passive park at Harris Street project. 31. Authorize Invoice #1 in the amount of$15,928.00 to Charles Black Construction Company, Inc. for Buford Fine Arts Drive Thru repair project. 32. Authorize Invoice #9 in the amount of $288,193.00 to Charles Black Construction Company, Inc. for New Street relocation project and utilize SPLOST funds and general funds. 33. Authorize payment of Invoice #7 in the amount of $130,359.45 to Charles Black Construction Company, Inc. for Buford High School stadium project. 34. City Manager's Report. 35. City Attorney's! Report. NOTE: The City ofBuford does noto discriminate ont theb basis ofd disability int the: admission ora access to, ort treatment ore employment in,i itsp 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 concerningt thej provisions ofthe Americans with] Disabilities. Act, and the rights provided thereunder, are available fromt 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 tof fully participate ina any open meeting, program, ora activity oft the city should! be directed tot the ADA Coordinator, Bryank Kerlin,2 2300 Buford) Highway, Buford, Georgia, 770-945-6761. 16