BUFORD CITY COMMISSION MEETING February 5, 2024 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 January 2, 2024 meeting. 4. Recognize Jimmy Kyle and Daniel Hyatt for their twenty (20): years of service. PUBLIC HEARINGS 5. Rezonings: I. #Z-24-01: Mike Phelps Broadmoor Boulevard Acres: 5.96 Parcel: Outof7-270-044 (Applicant requested to postpone.) Requesting rezoning from M-1 (Industrial) to R-100 (Single Family Residential). PaZRecommendation: #Z-24-01: Mike Phelps requested rezoning for the property located on Broadmoor Boulevard, out ofparcel 7-270-044, çontaining 5.96 acres from M-1 to R-100. The applicant was present. He stated because of the topography and stormwater issues they could get 161 buildable lots that would be 60 feet wide and would need smaller houses to fit on the lots. The Board stated they would like to see the lots developed per the code with 75-foot-wide lots. Mr. Phelps stated he could only get 13 or 14 lots at 75-foot wide. Mr. Phelps also stated that they would be upgrading and improving the road conditions on Adams Street as much as possible. Tommy 1 Thompson, 590 South Street spoke against the request stating this will increase traffic problems for the neighbors and school buses. He stated he would like to see upgraded road improvements for Elliott Street and Smokey Road. Alicia Payne, 449 West Park Street, stated she has the same concerns with increased traffic, infrastructure improvements to the roads, wetlands, wildlife issues and quality of life issues. After a brief discussion, motion by Wayne Johnson and seconded by Harley Bennett to recommend approval oft the rezoning request to R-100 with the following conditions: 1. The applicant shall submit subdivision development plans in conformance to Development Regulations Article 10 Section 10.2 and follow plan and plat specification in Development Regulations Section 10.3 for final plat approval when appropriate in the development process. 2. Each lot adjacent to the existing stream and having stream buffers and impervious setbacks within the lots shall be required to provide a residential drainage plan (RDP) prior to the issuance ofbuilding permits in conformance to Development Regulations Sections 10.5.1 and 10.5.2. 3. The approval ofthe zoning application provides no variances to the City of Buford Zoning Ordinance or Development Regulations with concern to code, construction specifications or procedures. Any variance request shall proceed as required by the City ofBuford Zoning Ordinance filing the proper variance application, demonstrating hardships and approved under a 4. Minimum gross heated floor area for the proposed residential home(s) shall be a minimum of 2000 square feet for a ranch, 2800 square feet for a 2-story, which shall exclude basement both finished and unfinished. The home shall 5. All homes shall be constructed with three (3) sides brick or stone with accents not to exceed 40% on the front, side and rear elevations. Accents shall include brick, stucco, rock, shakes, hardiplank, and concrete siding as 6. The development shall consist ofa minimum of 13 or 14 lots and minimum lot size shall be 7500 square feet and 75 feet in width subject to the approval 7. The front setback shall be a minimum of25 feet or 50 feet on collector roads and the rear setback shall be a minimum of30 feet. The side setback shall separate public hearing. have a minimum 2-car garage. approved by the Planning Director. ofthe Downtown Development Authority (DDA). be a minimum of 10 feet. 8. The driveway shall be a minimum of 18 feet in width. 9. Each lot shall have sodded front yards. 2 10.Each lot shall have two (2) ornamental trees planted in the front yard. The trees shall be a species approved by the City of Buford and shall bea a 11.In accordance with this ordinance, substandard street improvement plans for Adams Street and Heraeus Boulevard/Smokey Road shall be approved and installation oft the street improvements per the ordinance, including curb and gutter and binder course prior to the issuance ofbuilding permits. minimum of3" caliper. Ayes-4 Nays-0 II. #Z-24-02: Chris Brown 5571 Shadburn Ferry Road Parcel 7-327-013 Residential) PaZRecommendation: Requesting rezoning from C-2 (Commercial) to R-100 (Single Family #Z-24-02: Chris Brown requested rezoning for the property located at 5571 Shadburn Ferry Road from C-2 to R-100. The applicant was present and stated he would like to remove the existing house and build a new single-family residential home. The home would be approximately 5000 square feet with a proposed 4-car garage. There were no objections from the audience. Motion by Harley Bennett and seconded by Amy Reed to recommend approval oft the rezoning request to R- 100 with the following conditions: 1. The proposed new home 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 2. All front, side and rear yards shall be sodded and shall have two (2) 3-inch 3. The new home shall have a minimum gross heated floor area of3400 square feet exclusive of garages or basements. The new home shall have a approved by the Planning Director. ornamental trees planted in the front yard. minimum 2-car garage. 4. The driveway shall be a minimum width of 18 feet. 5. Per sections 1400 and 1401 ofthe City ofBuford Zoning Ordinance, all the lot widths, setbacks and lot areas shall comply with the R-100 standards. 3 Ayes-4 Nays-0 II. #L-24-03/SUP-24-0: Lew Hudson Family LTD Partnership 2185 Peachtree Industrial Boulevard Parcel: 7-302-075 Requesting rezoning from C-2/M-1 Commercia/industrial to C-2 (Commercial) with a special use permit to allow equipment Rental services with outdoor storage. PaZResommendation: Z-24-03/SUP-24-0: Lew Hudson Family LTD Partnership request rezoning for the property located at 2185 Peachtree Industrial Boulevard from C-2/M-1 to C-2 with a special use permit to allow equipment rental, equipment service and outdoor storage. Don Clerici spoke on behalf of the applicant and explained the request to the Board. He stated this would be Sunbelt Rentals. They would only have four (4) pieces of equipment on the property such as man-lifts and fork-lifts. There will be no bulldozers or heavy equipment on the property. The rental equipment will be stored behind the building with customer parking up front. He asked for condition #2 from the Bowman report to be reduced to al 10' enhanced landscape strip along the roadway due to the power lines. He also asked to eliminate the sidewalk and curb and gutter along the entire frontage of] Peachtree Industrial Boulevard and Tuggle Greer Drive and to provide these improvements along the deceleration lane only. The Board stated they could reduce the landscape strip to 10f feet, but they would not eliminate the sidewalk and curb and gutter along Peachtree Industrial Boulevard and Tuggle Greer Drive. There were no objections from the audience. Motion by Wayne Johnson and seconded by Amy Reed to recommend approval of the rezoning and special use permit as requested with the following conditions: 1. Rezoning case Z-24-03 and special use permit SUP-24-01 do not include concurrent variances to the City ofBuford Zoning Code where the provided site plan is not in conformity unless specifically addressed. 2. The site shall include a 10' enhanced landscape strip adjacent to Tuggle Greer Drive and Peachtree Industrial Boulevard. The landscape strip shall 4 screen the site with various evergreen trees and shrubs. The Planning Director shall approve the enhanced landscape plan sealed by a Georgia Registered! Landscape Architect. Landscape strips shall not be encroached with walls, easements, parking, curb and gutter, retaining walls or any other site improvements. The entrances can encroach the landscape strip as close 3. Sidewalks and curb and gutter are required to be located adjacent to the full amount ofr road frontage at Tuggle Greer Drive and Peachtree Industrial 4. All parking, storage and interior driveway surfaces shall be in conformance 5. Outdoor storage ofjunk equipment or material shall be prohibited. 7. The final site plan shall be approved by the Planning Director. to perpendicular as possible. Boulevard. with City ofl Buford codes and ordinances. 6. No outdoor repair of equipment or vehicles. Ayes-4 Nays-0 6. Special Use Permits: I.# #SUP-23-29: Doug Weston II/U-Haul Parcel: 7-302-183 trailer rentals. PaZResommendation: Peachtree Industrial Blvd and Cole Road Requesting a special use permit to allow self-storage and truck and #SUP-23-29: Doug Weston III/U-Haul requested a special use permit for the property located on Peachtree Industrial Boulevard and Cole Road, being parcel 7- 302-183. The special use permit requested is to allow self-storage and truck and trailer rentals. The applicant was present and explained the request to the Board. He stated this would be a self-storage facility with truck and trailer rentals for U- Haul. He stated this facility would have low traffic volume and would not require al lot of parking spaces. He asked for relief on the road improvements along Peachtree Industrial Boulevard and Cole Road. The Board stated the road improvements would be required per the code and they would reduce the parking to 50 spaces. Mr. Kerlin requested the truck rentals be located to the back ofthe lot and allow the building to front the road. The applicant agreed. There were 5 objections from the audience. Motion by Wayne Johnson and seconded by Amy Reed to recommend approval the special use permit with the following conditions: 1. Approval oft this special use permit is for U-Haul moving and storage and 2. Cole Road and Peachtree Industrial Boulevard shall be improved to minimal road standards including right-of-way dedication where needed to install all 4. The approval ofa a special use permit does not provide approval of variances 5. The road frontage shall have a 15-foot enhanced landscape strip directly adjacent to Cole Road and Peachtree Industrial Boulevard planted with a variety ofevergreen trees and shrubs. The final plan is to be approved by 6. No accumulation ofjunk vehicles or storage items and mechanical repairs 7. All parking and driveway surfaces to be asphalt or concrete with curb and gutter meeting the minimal standards oft the City of] Buford Development 8. Ifai fence and gate is proposed along the frontage ofl Peachtree Industrial Boulevard and Cole Road, it shall be located behind the 15' 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-coated chain link fence. Final design and location shall be approved by the Planning 9. All drive isles shall be no less than 24 feet in width after minimal parking is 10.The corporate colors of green and orange shall be allowed on the building 11.The parking area for truck and trailer rentals shall be located at the rear of the property and rear ofbuilding with the building fronting the roads. will expire should the current owner vacate the site. improvements. 3. The required parking spaces shall be reduced to 50 spaces. oralternations to any local, state or federal regulations. the Planning Director. shall be prohibited on site. Regulations. Director. provided. elevations. Ayes-4 Nays-0 6 II. #SUP-24-02: Legacy Land Holding II, LLC 46241 Friendship Road Parcel: 08-156-002191 Requesting a special use permit to allow a 3-story self-storage facility. P8ZRerommemdation: #SUP-24-02: Legacy Land Holding II, LLC requested a special use permit for the property located at 4624 Friendship Road. The special use permit requested is for as self-storage facility. Gabrielle Schaller spoke on behalf ofthe applicant. She stated this was the same self-storage facility that was proposed in 2022, but with a different owner, and has expired. There were no objections from the audience. Motion by Harley Bennett and seconded by Wayne Johnson to recommend approval ofthe special use permit as requested with the following conditions: 1. Special use permit SUP-24-02 does not include concurrent variances to City ofBuford Zoning Ordinance where the provided site plan is not in 2. The site shall include a 15' enhanced landscape strip adjacent to Friendship Road. The landscape strip shall screen the site with various evergreen trees and shrubs. The Planning Director shall approve the enhanced landscape strip sealed by a Georgia Registered Landscape Architect. The landscape strip shall not be encroached with walls, easements, parking, curb and gutter, retaining walls or any other site improvements. The entrance can encroach 3. Sidewalks and curb and gutter are required to be located adjacent to the full conformity unless specifically addressed. the landscape strip as close to perpendicular as possible. amount of road frontage at Friendship Road. 4. Outdoor storage shall be prohibited. 5. The final site plan shall be approved by the Planning Director. Ayes-4 Nays-0 7 7. Annexations: I. Plat#685: (WITHDRAWN) Applicant/Owner: Chris Watford & Amy Barfield 205 Shadowbrook Drive Roswell, GA 30075 Property: 4470 Bennett Road, Hall County Parcel: 08-153-000001 Acres: 30.98 Zoned From: S-S/AR-IIII Zoned To: C-2 PaZRerommendation: Plat #685/#Z-24-04: Chris Watford and Amy Barfield request annexation and rezoning for the property located at 4470 Bennett Road from SS/AR-III to C-2. Chris Watford was present and stated he would like his property to be in the City and that the current lease holder, Buford Corn Maze, could operate until 2027 when the lease would terminate. Jerome Beggs, owner ofBuford Corn Maze, was present and asked about taxes for the property in the City. There were no objections from the audience. Motion by Wayne Johnson and seconded by Amy Reed to recommend approval ofthe annexation and rezoning to C-2 with the following condition: 1. Ats such time site improvements are proposed and the site is to be reviewed for City ofBuford Zoning Ordinance and Development Regulations. Ayes-4 Nays-0 8. Zoning Modifications: I# #ZM-24-01: Ammeraal Beltech, LLC 4627 Distribution Parkway Request to modify conditions from Commission meeting on October 3. Prior to start of the permitted RTO (Regenerative thermal Oxidizer) Ammeraal Beltech agrees to install a noise barrier acoustical wall at a 9,2023: 8 location to be determined by an acoustical engineer and the City of Buford toi remediate the noise and to provide an alternative means of discharging 4. Installation ofthe acoustical panels or similar to mitigate the noise and an alternative means of discharging exhaust shall be accomplished with four exhaust to remediate the odors as approved by the City. (4) months. To: 1. And to allow the height ofthe noise barrier wall to be up to 10 feet. 2. And to allow the noise barrier wall to be located within the zoning buffer. 3. And to extend the completion date imposed of four (4) months to May 31, 2024. II. #ZM-24-02: AES Restaurant Group 4966 Lanier Islands Parkway, Tract A, containing 1.618 acres Arby's Request to modify condition from Commission meeting on October 3, 2022: 2. Landscape and architectural design shall follow section 1316.1-1 Design Requirements, Buford Zoning Ordinance. To: 1. And to allow metal on the building. 2. And to eliminate the cornice. END OF PUBLICHEARINGS 9. Authorize Chairman and City Attorney to proceed with local legislation for 10. Appoint Chairman Beard and Bryan Kerlin as authorized signatories for 11. Amend Buford Downtown Development Authority boundary map. additional Homestead Exemption for property tax relief. MEAG Power Municipal Competitive Trust. 9 12. Authorize transfer of parcel 7-270-044, portion thereof9.77 acres +/, to the 13. Approve renewal of Workers Compensation for 2024-2025 with Summit 14. Authorize renewal of2024-2025 general liability and property insurance policy package with Sterling, Seacrest & Pritchard. /Pritchard Insurance Buford Downtown Development Authority. Insurance Company. Agency. 15. Approve State of Georgia Statewide Mutual Assistance agreement. 16. Consider approval of special event permit with conditions on Buford Community Center lawn for Holiday Antique and Arts Market on November 13-17, 2024. 17. Consider approval ofi request to change the speed limit on North Richland Creek Road from 35 mph to 25 mph and notify Gwinnett County Department ofTransportation oft the change. 18. Authorize release of pledged funds with Peoples Bank & Trust. 19. Adopt model ordinance to require car washes to recycle water. 20. Approve restatement ofDefined Benefit Retirement Plan through the Georgia Municipal Employees Benefit System in compliance with IRS rules and restate vesting schedule and benefit calculations. 21. Authorize final payment in the amount of $614,144.50 for 2017 Gwinnett County City/County joint SPLOST project on Thompson Mill Road. 22. Authorize payment of Invoice #24-012 in the amount of $77,524.26 for Buford City Gym additional parking project. 23. Authorize payment of] Invoice #18137-23 in the amount of $33,062.17to 24. Authorize payment ofl Invoice #23107-09 in the amount of $412.84 to Breaux & Associates for Buford High School Baseball Concessions project. Breaux & Associates for City ofBuford stadium project. 10 25. Authorize payment #7 in the amount 0fS41,800.00I0F.S. Scarbrough for 26. Authorize payment #4 in the amount of $25,577.97 to Allied Paving 27. Authorize payment #4 in the amount of $129,010.85 to Backbone Infrastructure, LLC for Bona Road sidewalk project. Southside WPCP filter replacement project. Contractors, Inc. for 2023 LMIG paving project. 28. Authorize payment #12 in the amount of$ $244,384.00 to Charles Black Construction Company, Inc. for Buford Senior Academy addition project. 29. Authorize payment #14 in the amount of $1,411,760.00 to Charles Black Construction Company, Inc. for Buford City Stadium project. 30. Authorize payment #15 in the amount of $92,061.00 to Charles Black Construction Company, Inc. for New Street relocation project and utilize SPLOST funds and general funds. 31. Authorize payment of Invoice #6 in the amount of $278,166.86 to Charles Black Construction Company, Inc. for Buford High School bleachers and concessions - Phase II project. 32. Authorize payment #1 in the amount of $1,464,394.00 to Charles Black Construction Company, Inc. for Buford Youth Football Field Renovation project. 33. City Manager's Report. 34. City Attorney's! Report. NOTE: The City ofBuford does noto discriminate ont theb basis ofdisabilityi int the: admission ora access to, ort treatment ore employmenti in,i itsp or activities per the. Americans with) Disabilities. Act of 1992. Bryan Kerlin, City Manager, 770-945-6761, has been designated to coordinate programs compliance with the non-discrimination requirements contained in Section 35.107 of the Department of. Justice Regulations. Information concerning thep provisions oft the Americans with) Disabilities Act, andt the rights providedt thereunder, are available fromi 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 City should be directed to the ADA Coordinator, Bryan Kerlin, 23001 Buford Highway, Buford, Georgia, 770-945-6761. 11