BUFORD CITY COMMISSION MEETING  September 5, 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 August 7, 2023 regular meeting and  the special called meeting.  4. Change October meeting to October 9, 2023.  5. Recognize Michael Maynard and David Braselton for their twenty (20): years  of service. PUBLIC HEARINGS 6. Special Use Permits: I# #SUP-23-17  US Auto Moto, LLC 1651 Horizon Parkway 7-218-084 Zoning: Commercial (C-2)  Requesting a special use permit to allow motorcycle sales and service.  P&Z - Recommendation  #SUP-23-17: US Auto Moto, LLC requested a special use permit for the property located at 1651 Horizon Parkway. The special use permit requested is to allow motorcycle sales and service. David Williams spoke on behalfofthe applicant and explained the request to the Board. He stated they would be occupying Suites 600, 700 and 800. There would not be any overnight outside storage or outside repairs.    There were: no objections from the audience. Motion by Wayne Johnson and seconded by Amy Reed to recommend approval of the special use permit as  requested with the following conditions:  1. Approval ofthis 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 ofthe special use permit does not provide approval of variances or alterations to any local, state or federal regulations. 3. No accumulations ofjunk vehicles and mechanical repairs shall be done 4. All outdoor parking ofmotorcycle inventory shall be on asphalt or concrete  inside.  in designated parking areas.  Ayes-4 Nays-0 II. #SUP-23-19  Capitalist Ventures, Inc. 3829 Buford Drive 7-219-102 Zoning: Commercial (C-2)  Requesting a special use permit to allow a drive-thru restaurant.  PaZRecommendation  #SUP-23-19: Capitalist Ventures, Inc. requested 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 behalfofthe applicant and stated the drive-thru restaurant was Starbucks. This would be a drive-thru service only with a walk-up window. He requested several variances concerning parking and architectural features. There were: no objections from the audience. Motion by Wayne Johnson and seconded by Jeff Pirkle to recommend approval of the special  use permit as requested 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 ofthis special use permit does not provide reliefor any requirements oft the Zoning Ordinance and Development Regulations. 3. The required parking shall be reduced from 13 spaces to 11 spaces.  2    4. 73% oft the parking areas shall be allowed in the front oft the building. 5. The building shall have a flat roof design instead ofa a pitched roof design. 6. The final architectural plans shall be submitted for review and approval by the Planning Director and City Manager for metal accents, canopy and 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  cornice design.  Buford Zoning Ordinance.  Ayes-4 Nays-0 II. #SUP-23-20 David Kirk 1605 Buford Highway 7-259-261 1.25 acres Zoning: Commercial (C-2)  Requesting a special use permit to allow a drive-thru restaurant.  P8ZRecommendation  #SUP-23-20: David Kirk requested 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, spoke and explained the request to the Board. He stated this would be ad drive-thru service only with a walk-up window. He also stated there would be an outdoor seating area. He requested several variances concerning setbacks, parking, retaining wall and dumpster location, and architectural features. There were: no objections from the audience. Motion by Amy Reed and seconded by Wayne Johnson to recommend approval of the special use permit as requested with the  following conditions:  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 oft this special use permit does not provide reliefofany requirements oft the Zoning Ordinance or Development Regulations beyond the requested reliefs listed in the application letter ofintent. 3. The front setback shall be reduced from 75 feet to 22 feet.  3    4. In order to provide effective screening of the car stacking lanes, dumpster, order signs and canopy, the applicant shall provide an enhanced landscape plan along the frontage ofBuford 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 of a variety of evergreen trees and shrubs. Evergreen trees to bea a minimum of 6-foot high at the time of planting and evergreen shrubs to be a minimum of 18-inches high at the time ofplanting. The final enhanced landscape plan shall be approved by the Planning Director. 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 oft the existing trees. Trees found to be in distress or decline are tol be removed, including grinding the stumps, and replaced with heat tolerant hardwood trees (i.e. Willow Oaks) at 35-foot on center. 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 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 b. Parking requirements for the overall shopping center shall be reduced from the current 346 spaces to 204 spaces, resulting in a parking ratio of 2.7 spaces/1000 square feet of retail floor space, on the remaining portion . The proposed retaining wall shall be placed in the area as shown on the site plan. The retaining wall shall not encroach into the right-of-way of Buford Highway. The retaining wall shall be a decorative brick or stone d. The installation of 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 isr 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 ofparking located to the side of a freestanding building containing less than 7500 square feet ofs space from twenty (20) percent to one hundred (100) percent is g. The requested variance to place the dumpster and enclosure within the front yard is recommended for approval. Dumpster screening shall consist of three (3) solid walls ofbrick or stucco construction, at least six  the Planning Director.  isr recommended for approval.  ofthe shopping center.  tor match the architecture of the building.  recommended for approval.  4    (6) feet in height, with one hundred (100) percent solid metal gates. The dumpster shall be fully screened with evergreen trees and shrubs facing Buford Highway. The final dumpster enclosure plan shall be reviewed  and approved by the Planning Director.  Ayes-4 Nays-0  7. Zoning Modification  I# #ZM-23-06: Clair Investment Properties & Interior Designs, LLC  2251,2253, 2255: and 2257 Buford Dam Road  Request to modify condition #2 ofthe zoning conditions approved on September 6, 2016 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.  END OF PUBLICHEARINGS  8. Approve final plat and road dedication for Saia Motor Freight Line, LLC. 9. Authorize City Manager to sign gas line relocation agreement with Rowen  Foundation, Inc.  10. Approve purchase of properties located at 710 Bona Road, being parcel R7296 106, in the amount of $375,000.00 and 755 Bona Road, being parcel R27296  075, in the amount of $850,000.00.  11. Authorize City Manager and City Attorney to purchase property as presented. 12. Authorize City Manager to negotiate with Buford Housing Authority for  purchase of property on Forest Street.  13. Authorize release of pledged funds with Peoples Bank & Trust.  14. Adopt Georgia Department ofTransportation's (GDOT) Procurement Policies and Procedures for engineering and design related services when using Federal Aid Highway Program (FAHP) funds as it applies to local governments  5    certified through GDOT's! LAP program.  15. Authorize payment of Invoice #18137-18 in the amount of $234,293.69 1 to Breaux & Associates for new. Buford High School stadium project. 16. Authorize payment #3 in the amount of $173,163.69t0F.S. Scarbrough for 17. Authorize payment #2 in the amount of $2,419.20, payment #3 (retainage) in the amount of$10,073.29 and payment #4 in the amount of $9,132.10to Glosson Enterprises, LLC for Shadburn Ferry Road sidewalk improvements.  Southside WPCP filter replacement project.  18. Authorize payment #4 in the amount of $123,081.17 to Backbone Infrastructure, LLC for West Moreno Street improvements project. 19. Authorize payment #27 in the amount of $106,475.21 to Ruby Collins, Inc. for water plant expansion project and payment ofI Invoice #2454-23 in the amount of $36,000.00 to Global Control Systems, Inc. for specialized  controls and instrumentation.  20. Authorize payment ofInvoice #13 in the amount ofs $183,557.56 to Charles Black Construction Company, Inc. for passive park at Harris Street project. 21. Authorize payment #7 in the amount of$571,642.00 to Charles Black Construction Company, Inc. for Buford Senior. Academy addition project. 22. Authorize payment #11 in the amount of$155,469.00 to Charles Black Construction Company, Inc. for Buford Middle School addition and  renovations project.  23. 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.  24. 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.  6    25. Authorize Invoice #10 in the amount of $1,771.00 to Charles Black  Construction Company, Inc. for New Street relocation project relocation project  and utilize SPLOST funds and general funds.  26. City Manager's Report. 27. City Attorney's! Report.  NOTE: TheCity ofBuford does noto discriminate ont thel basis ofdisability int thea admission ora access to, ort treatment ore employment in, 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 concerning the provisions ofthe Americans withl Disabilities Act, andt ther rights providedt thereunder, are availablei 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 tof fully participate in any open meeting, program, or activity oft the City should be directed to the ADA Coordinator, Bryan Kerlin,  23001 Buford Highway, Buford, Georgia, 770-945-6761.  7