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FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JUNE 21, 2007
On Thursday, June 21, 2007 at 5:04 p.m., in the Commissioners’ Meeting Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Regular Meeting/Public Hearings with the following persons present: Charles Laughinghouse – Chairman, David W. Richard – Vice Chairman, Jim Harrell – Secretary, Dr. Linda K. Ledbetter – Member, Brian R. Tam – Member, Rhonda O’Connor – Interim County Manager, Ken Jarrard – County Attorney and Sonya Bush – Clerk.
AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, JUNE 21, 2007 @ 5:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
CUMMING, GEORGIA 30040
I. Call Meeting to Order
II. Invocation and Pledge of Allegiance
III. Adoption of Agenda
IV. Announcements and Reports:
(1) Presentation of funds from the Georgia Public Defender Standards Council by the Indigent Defense Tripartite Committee – Connie Brooker.
V. Public Comments
VI. Adoption of Minutes:
(1) Executive Session of May 31, 2007.
(2) Regular Meeting/Public Hearings and Executive Session of June 7, 2007.
VII. Consent Agenda:
(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of May 31, 2007 and June 7, 2007.
(2) Adoption of Resolution in recognition of Alexander Z. Miller for attaining the rank of Eagle Scout – Commissioner Tam.
(3) Adoption of Proclamation proclaiming the month of July as “Get Fit Forsyth” – Director of Parks & Recreation.
(4) Approval of Sewer Reservation Agreement with Oaks at Post Road, LLC – Fowler WRF – Director of Water & Sewer.
(5) Approval signature on six (6) month Georgia Department of Transportation, (01/01/07 – 06/30/07) Operating Contract for the Dial-A-Ride Program. Grant fund terms per State project application Section 5311 – Director of Fleet Maintenance.
(6) Approval of Legacy Link, Inc. Local Share Commitment Letter for FY 2008 in an amount not to exceed $7,450.00 – Senior Center Director.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
(7) Approval of Bid No. 07-61-2210 for the purchase of Panasonic Toughbook Computers – Procurement Director.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
(8) Adoption of Resolution approving the MGE EPS 2000 UPS 60 KVA System as surplus property – Director of Information Technology.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
(9) Unum Group Fund settlement terms and general release agreement in which Forsyth County is entitled to a payment of $4,095.96 – Director of Personnel Services.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
(10) Adoption of Resolution to amend the Forsyth County Civil Service Handbook by clarifying Policy 2, Section 2 pertaining to those specific County elected officials authorized to cast a vote for the “elected official” representative on the Forsyth County Civil Service Board – Director of Personnel Services.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
(11) Request permission to accept Wellness Program Incentive Grant in the amount of $3,000 from the ACCG-GHBP Wellness Program (no matching funds are required) – Director of Personnel Services.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
(12) Ratification of Resolution by the Forsyth County Board of Commissioners for the purchase of two (2) tracks of real property – Interim County Manager/County Attorney.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
VIII. Old Business:
(1) Rezoning requests: (Director of Planning & Development)
(A) James A. Otwell, III, ZA# 3296, A1/CBD to RES-6 – District #4.
(Postponed from 04/19/07 Agenda).
(B) Ruby Forrest, Inc., ZA# 3409, A1/R1 to CBD – District #3.
(Postponed from 05/17/07 Agenda).
(2) Request by Easlan Capital of Atlanta, Inc. to amend zoning conditions placed on ZA# 2956 (Wayne McPherson) – ZCA# AZ070013 – District #3 – Director of Planning & Development.
(Public Hearing held 06/07/07 – postponed decision to 06/21/07).
(3) Request by Daniel Castro to amend zoning conditions placed on ZA# 2242 and a variance to the UDC, Table 12.2 – ZCA# AZ070021 – District #5 – Director of Planning & Development.
(Public Hearing held 06/07/07 – postponed decision to 06/21/07).
(4) Request by Land Solutions Group to amend zoning conditions placed on ZA# 3098 (The Goddard School) and a variance to the UDC, Table 12.2 – ZCA# AZ070020 – District #3 – Director of Planning & Development.
(Public Hearing held 05/03/07 – postponed decision to 06/07/07 and again to 06/21/07).
(5) Request approval of Amendment Number Five Sewer Cooperation Agreement between Fulton County and Forsyth County for Big Creek and Johns Creek Drainage Basins – Director of Water & Sewer.
(Postponed from 06/07/07 Agenda).
(6) Adoption of Resolution for expressing intent of Forsyth County with respect to Fulton County sewer capacity – County Attorney.
(7) Request by Beazer Homes to purchase sewer capacity in the Johns Creek Basin for a 132 unit townhome community & recreation area, 35,910 gpd – Director of Water & Sewer.
(Discussed at a Called Meeting/Work Session held on 01/09/07).
(Postponed from 06/07/07 Agenda).
(8) Approval of Employment Agreement between Shawn Scott and Forsyth County – County Attorney.
(Discussed and approved at a Called Meeting/Work Session held on 6/12/07).
IX. New Business:
(1) Adoption of the 2006 Impact Fee Program Annual Report – Impact Fees Administrator.
(2) Request approval for the addition of a new position and classification of Assistant Director of Voter Registration (0795), grade 26, to Cost Center 1400 (Voter Registration) – Director of Personnel Services.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
(3) Rezoning requests: (Director of Planning & Development)
(A) Joe and Ann Beach, CP060009, issuance of a Conditional Use Permit for the purpose of a dog kennel on property currently zoned M1 – District #3.
(B) Tripple R. Realty and Investments, Inc., ZA# 3318, A1 to RES-3 – District #3.
(C) Dr. Kevin Short, ZA# 3377, A1 to CBD – District #4.
(D) Donald and Laura Brown, ZA# 3380, A1 to RES-3 – District #2.
(E) Georgia Commercial Developers, LLC, ZA# 3381, A1 to RES-3 – District #4.
(Planning Commission recommends approval from A1 to RES-2)
(F) Watercrest Development, Inc., ZA# 3384, A1 to RES-3 – District #5.
(G) Watercrest Development, Inc., ZA# 3385, A1 to RES-4 – District #5.
(H) Ransom Financial Group, Inc., ZA# 3393, A1 to RES-3 – District #1.
(Applicant has requested postponement to 07/19/07).
(I) Wise Investment Realty, LLC, ZA# 3396, A1 to RES-2 with a variance to the sewer requirements – District #4.
(J) Stanton, LLC, ZA# 3398, R1 to RES-2 – District #1.
(K) Charles S. Saunders, ZA# 3400, A1 to CBD – District #3.
(L) Hurricane Shoals Partners, LLC, ZA# 3403, A1 to CBD – District #2.
(M) Stenger’s Crossties & Landscape Material, Inc., ZA# 3408, A1 to M1 – District #3.
(4) Hearing in reference to alleged alcohol ordinance violation by Peckenpaugh’s Fine Food, Named Licensee is Robert Anthony Corliss – District #3 - Interim County Manager/County Attorney.
(5) Hearing in reference to alleged alcohol ordinance violation by Wilkes Bottle Shopp, Named Licensee is Cretzer Wilkes – District #4 – Interim County Manager/County Attorney.
X. Old Business Continued:
(1) Request by Hurricane Shoals Partners, LLC to amend zoning conditions placed on ZA# 3343 – ZCA# AZ070023 - District #2 – Director of Planning & Development.
(Public Hearing held 06/07/07 - postponed decision to 06/21/07).
Note: This request has been moved to the end of the Agenda in anticipation of Board action on ZA# 3403.
XI. Recess Regular Meeting
XII. Executive Session if Needed
XIII. Adjournment
Chairman Laughinghouse recognized a quorum and called the meeting to order.
Invocation and Pledge of Allegiance were given by Reverend Mark Harrison, Pastor of Cumming Baptist Church.
ADOPTION OF AGENDA
CONSENT AGENDA
There was a motion by Commissioner Richard and a second by Commissioner Ledbetter to add under Consent Agenda an Emergency Resolution (Adoption of Resolution in honor of Ken Jarrard). Motion carried unanimously.
OLD BUSINESS
There was a motion by Commissioner Richard and a second by Commissioner Tam to postpone Old Business, Item #1A (James A. Otwell, III, ZA# 3296, A1/CBD to RES-6) to the July 19, 2007 meeting at the request of the applicant. Motion carried unanimously.
There was a motion by Commissioner Harrell and a second by Commissioner Richard to postpone Old Business, Item #1B (Ruby Forrest, Inc., ZA# 3409, A1/R1 to CBD) to the July 5, 2007 meeting at the request of the applicant. Motion carried unanimously.
There was a motion by Commissioner Ledbetter and a second by Commissioner Richard to postpone Old Business, Item #3 (Request by Daniel Castro to amend zoning conditions placed on ZA# 2242 and a variance to the UDC, Table 12.2 – ZCA# AZ070021) to the July 5, 2007 meeting at the request of the applicant. Motion carried unanimously.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to postpone Old Business, Item #5 (Request approval of Amendment Number Five Sewer Cooperation Agreement between Fulton County and Forsyth County for Big Creek and Johns Creek Drainage Basins) to the July 5, 2007 meeting.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to postpone Old Business, Item #7 (Request by Beazer Homes to purchase sewer capacity in the Johns Creek Basin for a 132 unit townhome community & recreation area, 35,910 gpd) to the July 5, 2007 meeting.
NEW BUSINESS
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to postpone New Business, Item #1 (Adoption of the 2006 Impact Fee Program Annual Report) to the July 5, 2007 meeting.
There was a motion by Commissioner Harrell and a second by Commissioner Richard to postpone New Business, Item #3B (Tripple R. Realty and Investments, Inc., ZA# 3318, A1 to RES-3) to the July 5, 2007 meeting at the request of the applicant.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to postpone New Business, Item #3H (Ransom Financial Group, Inc., ZA# 3393, A1 to RES-3) to the July 19, 2007 meeting. Motion carried unanimously.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to postpone New Business, Item #3J (Stanton, LLC, ZA# 3398, R1 to RES-2) to the July 5, 2007 meeting.
There was a motion by Commissioner Harrell and a second by Commissioner Richard to postpone New Business, Item #3M (Stenger’s Crossties & Landscape Material, Inc., ZA# 3408, A1 to M1) to the July 5, 2007 meeting at the request of the applicant.
There was a motion by Commissioner Richard and a second by Commissioner Ledbetter to postpone New Business, Item #5 (Hearing in reference to alleged alcohol ordinance violation by Wilkes Bottle Shoppe, Named Licensee is Cretzer Wilkes) to the July 19, 2007 meeting at the request of the licensee. Motion carried unanimously.
Commissioner Tam requested that New Business, Item #3D (Donald & Laura Brown, ZA# 3380, A1 to RES-3) be moved to the end of New Business in order to clarify an issue. Without exception, this item was moved to the end of New Business.
There was a motion by Commissioner Richard and a second by Commissioner Harrell to adopt the agenda as amended. Motion carried unanimously.
UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:
The Board read and presented a Resolution to Ken Jarrard.
Commissioner Tam read and presented a Resolution of recognition to Alexander Miller for attaining the rank of Eagle Scout.
Chairman Laughinghouse read and presented a Proclamation to the Director of Parks & Recreation proclaiming July as “Get Fit Forsyth”.
The Indigent Defense Tripartite Committee presented a check in the amount of $111,194.
UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:
Terry Sweeney
Brent Lee
UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:
Executive Session of May 31, 2007
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to adopt the minutes of the Executive Session of May 31, 2007. Motion carried unanimously.
Regular Meeting/Public Hearings & Executive Session of June 7, 2007
There was a motion by Commissioner Richard and a second by Commissioner Harrell to adopt the minutes of the Regular Meeting/Public Hearings & Executive Session of June 7, 2007. Motion carried unanimously.
CONSENT AGENDA
There was a motion by Commissioner Tam and a second by Commissioner Richard to approve the Consent Agenda as follows:
The adoption of Resolutions authorizing Affidavits concerning Executive Sessions of May 31, 2007 and June 7, 2007.
The adoption of Resolution in recognition of Alexander Z. Miller for attaining the rank of Eagle Scout.
The adoption of Proclamation proclaiming the month of July as “Get Fit Forsyth”.
The approval of Sewer Reservation Agreement with Oaks at Post Road, LLC – Fowler WRF.
The approval signature on six (6) month Georgia Department of Transportation, (01/01/07 – 06/30/07) Operating Contract for the Dial-A-Ride Program. Grant fund terms per State project application Section 5311.
The approval of Legacy Link, Inc. Local Share Commitment Letter for FY 2008 in an amount not to exceed $7,450.00.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
The approval of Bid No. 07-61-2210 for the purchase of Panasonic Toughbook Computers.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
The adoption of Resolution approving the MGE EPS 2000 UPS 60 KVA System as surplus property.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
The approval of Unum Group Fund settlement terms and general release agreement in which Forsyth County is entitled to a payment of $4,095.96.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
The adoption of Resolution to amend the Forsyth County Civil Service Handbook by clarifying Policy 2, Section 2 pertaining to those specific County elected officials authorized to cast a vote for the “elected official” representative on the Forsyth County Civil Service Board.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
Permission to accept Wellness Program Incentive Grant in the amount of $3,000 from the ACCG-GHBP Wellness Program (no matching funds are required).
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
The ratification of Resolution by the Forsyth County Board of Commissioners for the purchase of two (2) tracks of real property.
(Discussed and approved at a Called Meeting/Work Session held on 06/12/07).
The adoption of Resolution in honor of Ken Jarrard.
Motion carried unanimously.
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Request by Easlan Capital of Atlanta, Inc. to amend zoning conditions placed on ZA# 2956 (Wayne McPherson) – ZCA# AZ070013 – District #3
There was a motion by Commissioner Harrell and a second by Commissioner Richard to approve the request by Easlan Capital of Atlanta, Inc. to amend zoning conditions placed on ZA# 2956 (Wayne McPherson), ZCA# AZ070013 as displayed which read as follows:
Delete Condition #17 in its entirety.
Modify Condition #18 to read as follows: The development of this tract shall follow drawing CSP-04-2 (Conceptual Site Plan) with potential adjustments as outlined in Condition #31(e).
Add Condition #31 to read: CSP 04-2, the agreed-to site plan has the following qualifiers:
(a) Maximum size of building on Outparcel (“OP”) #1 shall be 7,000 square feet and one story.
(b) The two O&I buildings at 6000 square feet each are for professional occupations as permitted by the UDC and could potentially include: a bank, a medical office, a veterinarian, or similar.
(c) The O&I building closest to the CVS store may be two stories with a total of 6,000 square feet.
(d) Retail building B will not be a fast food establishment.
(e) Conceptual Site Plan CSP 04-2 is without the benefit of detailed engineering and the following potential changes may occur:
• Retail building A may be re-oriented on the south side angled towards Bethelview Road.
• Length and width of each building may change by 20% as long as the square footage shown on CSP-04-2 for each building is maintained.
• The position of each building on the tract may be adjusted up to 35 feet.
• The roads from Castleberry Road and Bethelview Road may shift up to 35 feet at the egress points.
(f) Any changes that occur to the four buildings shown on the site plan CSP 04-2 will be made so that the total development will be no larger than 44,000 square feet, plus up to 7,000 square feet on OP #1.
Motion carried unanimously.
Request by Land Solutions Group to amend zoning conditions placed on ZA# 3098 (The Goddard School) and a variance to the UDC, Table 12.2 – ZCA# AZ070020 – District #3
There was a motion by Commissioner Harrell and a second by Commissioner Richard to approve the request by Land Solutions Group to amend zoning conditions placed on ZA# 3098 (The Goddard School), ZCA# AZ070020, as displayed which read as follows:
Modify Condition #12 to add: The following uses shall not be permitted on the subject property:
(m) Car washes.
Modify Condition #20 to read: On the parcel depicted as supporting “Misc. Retail: on the attached zoning site plan, there shall be a 10 foot buffer on the northwest property boundary. This 10 foot buffer does not include the 10 ft. strip of A1 zoned property on the northwest property line terminating at Bethelview Road, which shall be considered an additional 10 ft. buffer. There shall also be a 10 ft. buffer on the southwest boundary adjacent to the residentially zoned property. The buffer designated and set forth in this condition shall not expire or be altered except through the zoning process.
Add Condition #21 to read: Any development to occur on the property shall strictly conform to the Forsyth County Noise Ordinance.
Motion carried unanimously.
Adoption of Resolution for expressing intent of Forsyth County with respect to Fulton County sewer capacity
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to adopt the Resolution by the Forsyth County Board of Commissioners expressing intent with respect to acquiring additional Fulton County sewer capacity in the Big Creek and Johns Creek basins. Motion carried unanimously.
Approval of Employment Agreement between Shawn Scott and Forsyth County
There was a motion by Commissioner Tam and a second by Commissioner Harrell to approve the Employment Agreement between Shawn Scott and Forsyth County as presented this evening. Motion carried with four members in favor (Laughinghouse, Richard, Harrell and Tam) and one member in opposition (Ledbetter).
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Request approval for the addition of a new position and classification of Assistant Director of Voter Registration (0795), Grade 26, to Cost Center 1400 (Voter Registration)
There was a motion by Commissioner Richard and a second by Commissioner Harrell to approve the request for the addition of a new position and classification of Assistant Director of Voter Registration (0795), Grade 26, to Cost Center 1400 (Voter Registration). Motion carried unanimously.
Joe and Ann Beach, CP060009, issuance of a Conditional Use Permit for the purpose of a dog kennel on property currently zoned M1 – District #3
There was a motion by Commissioner Harrell and a second by Commissioner Richard to deny the request by Joe and Ann Beach, CP060009, issuance of a Conditional Use Permit for the purpose of a dog kennel on property currently zoned M1. Motion carried unanimously.
Dr. Kevin Short, ZA# 3377, A1 to CBD – District #4
There was a motion by Commissioner Richard and a second by Commissioner Harrell to approve the rezoning request by Dr. Kevin Short, ZA# 3377, A1 to CBD with the conditions as displayed which read as follows:
1. The following uses shall not be permitted on the subject property:
(a) Automobile Service and Sales.
(b) Bars, Lounges or nightclubs provided this shall not preclude a restaurant such as, but not limited to, Applebee's from having a bar.
(c) 24-hour businesses.
(d) Hotels or Motels.
(e) Theaters.
(f) Electronic game playing centers.
(g) Adult novelty stores.
(h) Adult entertainment centers.
(i) Machine Shops.
(j) Outdoor commercial recreation.
(k) Pawn shops.
(l) Pool halls.
(m) Tattoo parlors.
(n) Mini-warehouses.
(o) Shooting range.
2. Development of the parcel shall not encroach into a forty (40) foot buffer along the southern boundary (Golden Oaks Subdivision and ZA# 1797), except for construction and maintenance of utilities.
3. No single tenant building shall be larger than 15,000 sq. ft.
4. A multi-story building shall have a foot print of no larger than 10,000 sq. ft. with no more than 20,000 sq. ft. total permitted.
5. No building developed on the subject property may be more than two (2) stories.
6. All exterior lighting fixtures shall be setback a minimum of 40 feet from residentially zoned parcels; and those that face residential properties shall be of a type that directs light only downward. Exterior structural fixtures shall be designed so as to minimize light spillage to not more than 1-foot candle along the boundary of the adjacent property.
7. Developer shall dedicate right of way of 60 feet from centerline of SR 369 (Matt Highway).
8. Developer shall construct improvements as required by GA DOT and/or Department of Engineering based upon final configuration of site plan.
9. Garbage dumpster pickup shall be between 6:00 a.m. and 9:00 p.m., Monday thru Saturday.
10. Hours of operation will be no earlier than 6:00 a.m. and no later than 11:00 p.m. Sunday through Thursday and 6:00 a.m. to 12 a.m. on Friday and Saturday.
11. All commercial building facades visible shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardi plank, may be used as accent material only, not to exceed 10% of surface area. Remainder of exterior may consist of brick, precast concrete, split block, stone, or glass. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel.
12. Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.
13. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).
Motion carried unanimously.
Donald & Laura Brown, ZA# 3380, A1 to RES-3 – District #2
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to postpone the rezoning request by Donald & Laura Brown, ZA# 3380, A1 to RES-3 to the July 5, 2007 meeting at the request of the applicant. Motion carried unanimously.
Georgia Commercial Developers, LLC, ZA# 3381, A1 to RES-3 – District #4
There was a motion by Commissioner Richard and a second by Commissioner Harrell to approve the rezoning request by Georgia Commercial Developers, LLC, ZA# 3381, A1 to RES-3 with the conditions as displayed which read as follows:
1. No mass grading.
2. The development must meet fire flows of 750 gpm, or irrigation demands, whichever is greater. All improvements to the County water system that are
required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.
3. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. Sewer access must be provided to all upstream properties. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.
4. Developer would be responsible for any easement acquisition. Sewer Capacity is not guaranteed for this site.
5. Developer shall dedicate right of way of 40' from centerline of Hopewell Road.
6. Developer shall construct improvements as required by Department of Engineering based upon final configuration of site plan.
7. Homes shall have not less than 1800 sq. ft. of heated floor space exclusive of garages, basements and porches.
8. Homes shall have at minimum two-car garages.
9. Exteriors of homes constructed on the subject property must be of brick, stone or a cement-based material such as, but not limited to, hardi-plank.
10. Developer shall have nine (9) months from the date of zoning approval to apply for the initial Land Disturbance Permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within nine (9) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with those County development standards in existence at the time of LDP application submittal.
11. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).
12. The density of the development shall not exceed 2.14 units to the acre.
Motion carried with three members in favor (Richard, Harrell and Tam) and two members in opposition (Laughinghouse and Ledbetter).
Watercrest Development, Inc., ZA# 3384, A1 to RES-3 – District #5
There was a motion by Commissioner Ledbetter and a second by Commissioner Richard to approve the rezoning request by Watercrest Development, Inc., ZA# 3384, A1 to RES-3 with the conditions as displayed which read as follows:
1. This overall project shall provide a 25' exterior buffer which meets Forsyth County Buffer Standards.
2. The overall development shall include a walking trail connecting open space areas to ensure that open space areas are accessible and available for recreational use by all residents.
3. There shall be no mass grading on the site.
4. The overall density of ZA# 3203, ZA# 3384 and ZA# 3385 shall not exceed 1.6 units per acre.
5. This property lies within the City of Cumming's water and sewer service area. The developer shall provide off-site improvements as required to provide adequate water and sewer service to this project.
6. Sanitary sewer easements shall be extended to all adjacent property owners. Easements, as required, shall be conveyed to the City of Cumming.
7. Developer shall donate right-of-way through its property and cooperate with the City of Cumming in the extension of water mains from Samples Road to Echols Road.
8. Sanitary sewer capacity should be purchased at the City of Cumming Department of Utilities. Capacity is limited and is assigned by the Mayor and City Council on a case-by-case basis.
9. All proposed utilities shall meet the technical specifications and construction standards of the City of Cumming Department of Utilities.
10. Developer shall dedicate 30' from centerline and additional right of way as necessary for road improvements on Echols Road.
11. Developer shall provide sidewalk access along Echols Road to school property.
12. Developer shall construct improvements as required by Department of Engineering based upon final configuration of site plan.
13. Homes shall have not less than 2,200 sq. ft. of heated floor space exclusive of garages, basements and porches.
14. Homes shall have at minimum two-car garages.
15. The developer shall use a variety of techniques to avoid the monotonous appearance of identical homes. Such techniques may employ among others the use of differing front elevations, architectural styles, building exterior, setbacks or other similar techniques to provide a more pleasing appearance to the subdivision. Exteriors of homes constructed on the subject property must be of brick, stone or a cementious material such as, but not limited to, hardi-plank. There shall be no vinyl siding.
16. On any internal subdivision street, sidewalks shall be required on one side of the street.
17. Exterior lighting fixtures shall be of a type and situated so that light is directed only downward. The fixtures shall be not closer than five (5) feet off the perimeter of any parking lot. Fixtures shall be no more than twenty-five (25) feet high and shall be designed so as to minimize light spillage to not more than one (1) foot candle along the boundary of the property.
18. There shall be no walking trails north of the Georgia Transmission Power Line adjacent to the Delmar Subdivision.
19. The amenities area shall be located in a location adjacent to the entrance to the subdivision on Echols Road.
20. Developer shall have nine (9) months from the date of zoning approval to apply for the initial Land Disturbance Permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within nine (9) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with those County development standards in existence at the time of LDP application submittal.
21. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).
Motion carried unanimously.
Watercrest Development, Inc., ZA# 3385, A1 to RES-4 – District #5
There was a motion by Commissioner Ledbetter and a second by Commissioner Tam to approve the rezoning request by Watercrest Development, Inc., ZA# 3385, A1 to RES-4 with the conditions as displayed and modified which read as follows:
1. The overall density of ZA# 3203, ZA# 3384 and ZA# 3385 shall not exceed 1.54999 units per acre.
2. This overall project shall provide a 25' exterior buffer which meets Forsyth County Buffer Standards.
3. The overall development shall include a walking trail connecting open space areas to ensure that open space areas are accessible and available for recreational use by all residents.
4. There shall be no mass grading on the site.
5. This property lies within the City of Cumming's water and sewer service area. The developer shall provide off-site improvements as required to provide adequate water and sewer service to this project.
6. Sanitary sewer easements shall be extended to all adjacent property owners. Easements, as required, shall be conveyed to the City of Cumming.
7. Developer shall donate right-of-way through its property and cooperate with the City of Cumming in the extension of a water main from Samples Road to Echols Road.
8. Sanitary sewer capacity should be purchased at the City of Cumming Department of Utilities. Capacity is limited and is assigned by the Mayor and City Council on a case-by-case basis.
9. All proposed utilities shall meet the technical specifications and construction standards of the City of Cumming Department of Utilities.
10. Developer shall dedicate right of way as per Georgia DOT road improvement project on S.R. 20 (Buford Hwy.).
11. Developer shall construct main access drive to commercial driveway standards from S.R. 20 to southwestern project boundary.
12. Developer shall construct improvements on S.R. 20 (Buford Hwy.) as required by Georgia DOT and/or Department of Engineering based on final configuration of site plan.
13. Homes shall have not less than 1,800 sq. ft. of heated floor space exclusive of garages, basements and porches.
14. The developer shall use a variety of techniques to avoid the monotonous appearance of identical homes. Such techniques may employ among others the use of differing front elevations, architectural styles, building exterior, setbacks or other similar techniques to provide a more pleasing appearance to the subdivision. Exteriors of homes constructed on the subject property must be of brick, stone or a cementious material such as, but not limited to, hardi-plank. There will be no vinyl siding.
15. On any internal subdivision street, sidewalks shall be required on one side of the street.
16. Homes shall have at minimum two-car garages.
17. Developer shall have nine (9) months from the date of zoning approval to apply for the initial Land Disturbance Permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within nine (9) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with those County development standards in existence at the time of LDP application submittal.
18. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).
19. All walking trails shall be south of the stream buffer of Haw Creek.
20. There shall be a landscaped entrance with a monument type sign consistent with the requirements of the Forsyth County Sign Code.
21. There will be no attached homes. All homes shall be detached.
Motion carried unanimously.
Wise Investment Realty, LLC, ZA# 3396, A1 to RES-2 with a variance to the sewer requirements – District #4
There was a motion by Commissioner Richard and a second by Commissioner Ledbetter to approve the rezoning request by Wise Investment Realty, LLC, ZA# 3396, A1 to RES-2 with a variance to the sewer requirements with the conditions as displayed which read as follows:
1. A minimum of ten percent (10%) contiguous open space be designated and located within Land Lot 420.
2. The development must meet fire flows of 750 gpm, or irrigation demands, whichever is greater. All improvements to the County water system that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.
3. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. Sewer access must be provided to all upstream properties. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.
4. Developer shall dedicate right of way 30 feet from the centerline on Kirby Drive.
5. Developer shall construct a right turn decel lane on Wallace Tatum Road at Kirby Drive.
6. Developer shall dedicate right of way a minimum of 10 feet behind curb of decel lane on Wallace Tatum Road.
7. Developer shall construct improvements as required by Department of Engineering based on final configuration of site plan.
8. Developer shall construct a six foot (6’) high privacy fence on the property of Plat Book 21, Page 108 along the common boundary with the subject property. The fence will be conveyed to the owner of Plat Book 21, Page 108 within the first sixty (60) days after issuance of a Land Disturbance Permit.
9. Homes shall have at minimum two-car garages.
10. Exteriors of homes constructed on the subject property must be of brick, stone or a cementious material such as, but not limited to, hardi-plank.
11. Developer shall have nine (9) months from the date of zoning approval to apply for the initial Land Disturbance Permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within nine (9) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with those County development standards in existence at the time of LDP application submittal.
12. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).
13. The density of the development shall not exceed 1.5 units to the acre.
14. The variance to sewer is granted.
Motion carried unanimously.
Charles S. Saunders, ZA# 3400, A1 to CBD – District #3
There was a motion by Commissioner Harrell and a second by Commissioner Richard to deny the rezoning request by Charles S. Saunders, ZA# 3400, A1 to CBD. Motion carried unanimously.
Hurricane Shoals Partners, LLC, ZA# 3403, A1 to CBD – District #2
There was a motion by Commissioner Tam and a second by Commissioner Richard to approve the rezoning request by Hurricane Shoals Partners, LLC, ZA# 3403, A1 to CBD with the conditions as displayed which read as follows:
1. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water system that are
required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.
2. Any sewer lines installed to serve this development will be sized to serve the entire basin, in accordance with the Forsyth County Sewer Master Plan. Sewer access must be provided to all upstream properties.
3. Sewer capacity is not guaranteed for this property. All sewer capacity agreements must be approved by the Forsyth County Board of Commissioners.
4. Developer shall dedicate right of way of 60' from centerline of Old Atlanta Road.
5. Developer shall follow Forsyth County road abandonment procedures to abandon Mathis Airport Road within property limits prior to obtaining a land disturbance permit.
6. Developer shall construct a decel lane on Mathis Airport Parkway at proposed entrance.
7. Developer shall construct improvements as required by Department of Engineering based on final configuration of site plan.
8. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.
9. No Commercial deliveries or garbage pick-up will occur between the hours of 9:00 p.m. and 6:00 a.m.
10. Exterior lighting fixtures shall be of a type and situated so that light is directed only downward. The fixtures shall be not closer than five (5) feet of the perimeter of a parking lot. Fixtures shall be no more than twenty-five (25) feet high and shall be designed so as to minimize light spillage to not more than one (1) foot candle along the boundary of the property.
11. Developer shall have eighteen (18) months from the date of zoning approval, or until sewer capacity is available to serve the subject property to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval and sewer capacity is available thereafter, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.
12. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).
13. Proposed entrance on Oakleaf Trail shall be reconfigured along entire project frontage on Oakleaf Trail and Oakleaf Trail shall be upgraded to commercial road standards up to the entrance of Oakridge Farms Subdivision. Subject to Forsyth County approval, entrance off Mathis Airport Road and onto Oakleaf Trail shall be configured as shown in Exhibit A attached or Forsyth County Standards, whichever is more stringent.
14. Hours of operation will be no earlier than 6:00 a.m. and no later than 11:00 p.m., seven (7) days a week.
15. The following uses shall not be permitted on the subject property:
(a) Convenience stores, with or without gasoline pumps.
(b) Gas Stations.
(c) Bars, Lounges, or nightclubs provided this shall not preclude a restaurant such as, but not limited to, Applebee’s from having a bar.
(d) 24-hour businesses.
(e) Hotels or Motels.
(f) Theaters.
(g) Electronic game playing centers.
(h) Adult novelty stores.
(i) Adult entertainment centers.
(j) Pawn shops.
(k) Pool halls.
(l) Tattoo parlors.
(m) Drive thru restaurants.
(n) Adult book stores.
(o) Sales of any amount of adult magazines, videos or adult themed items.
(p) Car washes.
(q) Auto repair facilities, oil change facilities or stores geared exclusively to the sale of auto parts.
(r) Tire stores.
(s) Liquor stores.
16. Architecture shall be in accordance with the architectural rendering attached as Exhibit B or Forsyth County Ordinance, whichever is more stringent.
17. All signs shall be ground based monument signs. All signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.
18. Prior to construction of any structures or pouring of footers, the developer shall:
(a) Complete the road improvements for Oakleaf Trail along the project frontage.
(b) Install street sign on Oakleaf Trail prior to the entrance to the Oakridge Farms Subdivision indicating Residential Drive, No-Thru Traffic-subject to Forsyth County approval.
(c) Install a monument type sign on each side of Oakleaf Trail at the new entrance to Oakridge Farms more or less in accordance with the architectural rendering attached as Exhibit C, subject to Forsyth County approval.
(d) Install an approximately six (6) foot tall by one hundred ten (110) foot long wood fence, or equivalent as requested by property owner (Jeffrey Roberts), in the yard of the first residential lot off Mathis Airport Road along its frontage with Oak Leaf Trail.
(e) Repair the existing potholes on Oak Leaf Trail near the rear of the neighborhood.
19. Unless otherwise requested by the developer, the Forsyth County Alcohol Ordinance in effect at the time of the initial rezoning approval shall apply to the subject property.
20. A fifty (50) foot landscape buffer shall be located along the southern property line of Property adjacent to the northernmost lot on Oakleaf Trail. Said buffer shall contain landscaping as indicated on the landscape plan attached as Exhibit A, or Forsyth County Ordinance, whichever is more stringent, subject to approval by the Forsyth County Arborist.
21. A twenty-five (25) foot landscaped strip shall be located along the entire project frontage on Oakleaf Trail west of the commercial entrance off Oakleaf Trail. Strip shall contain landscaping as indicated on Exhibit A, subject to approval by the Forsyth County Arborist. Landscape strip shall include a six (6) foot tall masonry wall located ten (10) feet off the right-of-way of Oak Leaf Trail. Said wall shall be constructed in accordance with Exhibit D.
22. All dumpsters shall be fully enclosed and treated with an architectural treatment of brick, stone, stucco, EIFS or IFS.
23. All HVAC units shall be screened or surrounded by an architectural treatment.
24. Developer will not add any additional lots from Oakridge Farms to the proposed development.
25. Stormwater management for proposed development to be built in accordance with Forsyth County and the State of Georgia engineering standards to prevent any additional water run-off to lots on Oak Leaf Trail. Development plan contemplates stormwater discharge to the southwest of the property. In this regard, Developer will minimize impact to zoning buffer for storm water discharge, where possible.
26. Developer to plant one (1) row of Leyland Cypress trees along the entire project frontage with Old Atlanta Commons Subdivision. Trees to be planted along the forty (40) foot buffer and may be planted just inside the buffer, subject to approval by Forsyth County Arborist and provided no other trees are disturbed.
27. Developer to construct a six (6) foot wooden fence along the edge of the detention pond facing the Old Atlanta Commons Subdivision.
28. Developer to construct a six (6) foot wooden fence along the edge of the detention pond facing the shopping center. Wooden fence to be placed as close to edge of curb of the development as possible.
29. No outdoor speakers in the development shall be audible from adjoining properties.
30. Anchor tenant shall be a grocer.
Motion carried unanimously.
The Board took a recess.
The Board came out of recess and reconvened the Regular Meeting.
Hearing in reference to alleged Alcohol Ordinance violation by Peckenpaugh’s Fine Food, Named Licensee is Robert Anthony Corliss – District #3
Ken Jarrard, County Attorney, informed the Board that Peckenpaugh’s Fine Food was issued an Alcohol License on October 5, 2006. The license expired on December 31, 2006 as all alcohol licenses do. There was delay in their getting a new license. The renewal did not become effective until February 1, 2007. Nonetheless, six months after October (when the license was originally granted) they had not opened yet. Two other events have now occurred. They have requested the name on the license be changed and that the address be changed because they moved within Vickery Village from one area to another. Mr. Jarrard stated that this is an unprecedented situation because there was a discernable gap between January 1 and February when they did not have a license at all. Then they had a renewal that became effective February 1. Mr. Jarrard feels that the six month period should begin on February 1 and that they should be open by August 1.
Elliott Smith addressed the Board.
There was a motion by Commissioner Harrell and a second by Commissioner Richard to change the address to 5810 Bond Street and that the name be changed back to Peckenpaugh’s Fine Foods, LLC. Motion carried unanimously.
UNDER OLD BUSINESS CONTINUED THE FOLLOWING ACTIONS WERE TAKEN:
Request by Hurricane Shoals Partners, LLC to amend zoning conditions placed on ZA# 3343 – ZCA# AZ070023 – District #2
There was a motion by Commissioner Tam and a second by Commissioner Richard to approve the request by Hurricane Shoals Partners, LLC to amend zoning conditions placed on ZA# 3343 (ZCA# AZ070023) as displayed which read as follows:
Modify Condition #5 to read: Proposed entrance on Oakleaf Trail shall be reconfigured along entire project frontage on Oakleaf Trail and Oakleaf Trail shall be upgraded to commercial road standards up to the entrance of Oakridge Farms Subdivision. Subject to Forsyth County approval, entrance off Mathis Airport Road and onto Oakleaf Trail shall be configured as shown in Exhibit A attached, or Forsyth County Standards, whichever is more stringent.
Modify Condition #9 to read: Hours of operation will be no earlier than 6:00 a.m. and no later than 11:00 p.m. seven (7) days a week.
Modify Condition #10 to read: The following uses shall not be permitted on the subject property:
(a) Convenience stores, with or without gasoline pumps.
(b) Gas Stations.
(c) Bars, Lounges, or nightclubs provided this shall not preclude a restaurant such as, but not limited to, Applebee’s from having a bar.
(d) 24-hour businesses.
(e) Hotels or Motels.
(f) Theaters.
(g) Electronic game playing centers.
(h) Adult novelty stores.
(i) Adult entertainment centers.
(j) Pawn shops.
(k) Pool halls.
(l) Tattoo parlors.
(m) Drive thru restaurants.
(n) Adult book stores.
(o) Sales of any amount of adult magazines, videos or adult themed items.
(p) Car washes.
(q) Auto repair facilities, oil change facilities or stores geared exclusively to the sale of auto parts.
(r) Tire stores.
(s) Liquor stores.
Modify Condition #11 to read: Architecture shall be in accordance with the architectural rendering attached as Exhibit B, or Forsyth County Standards, whichever is more stringent.
Modify Condition #12 to read: All signs shall be ground-based monument signs. All signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.
Modify Condition #15 to read: Prior to construction of any structures or pouring of footers, the developer shall:
(a) Complete the road improvements for Oakleaf Trail along the project frontage.
(b) Install street sign on Oakleaf Trail prior to the entrance to the Oakridge Farms subdivision indicating Residential Drive, No Thru-Traffic – subject to Forsyth County approval.
(c) Install a monument type sign on each side of Oakleaf Trail at the new entrance to Oakridge Farms more or less in accordance with the architectural rendering attached as Exhibit C, subject to Forsyth County approval.
(d) Install an approximately 6 foot tall by 110 foot long wood fence, or equivalent as requested by property owner (Jeffrey Roberts), in the yard of the first residential lot off Mathis Airport Road along its frontage with Oak Leaf Trail.
(e) Repair the existing potholes on Oak Leaf Trail near the rear of the neighborhood.
Add Condition #18 to read: Unless otherwise requested by the developer, the Forsyth County Alcohol Ordinance in effect at the time of the initial rezoning approval shall apply to the subject property.
Add Condition #19 to read: A 50 foot landscape buffer shall be located along the southern property line of Property adjacent to the northernmost lot on Oakleaf Trail. Said buffer shall contain landscaping as indicated on the Landscape plan attached as Exhibit A, or Forsyth County Ordinance, whichever is more stringent, subject to approval by the Forsyth County Arborist.
Add Condition #20 to read: A 25-foot landscaped strip shall be located along the entire project frontage on Oakleaf Trail west of the commercial entrance off Oakleaf Trail. Strip shall contain landscaping as indicated on Exhibit A, subject to approval by the Forsyth County Arborist. Landscape strip shall include a 6 foot tall masonry wall located 10 feet off the right-of-way of Oak Leaf Trail. Said wall shall be constructed in accordance with Exhibit D.
Add Condition #21 to read: All dumpsters shall be fully enclosed and treated with an architectural treatment of brick, stone, stucco, EIFS or IFS.
Add Condition #22 to read: All HVAC units shall be screened or surrounded by an architectural treatment.
Add Condition #23 to read: Developer will not add any additional lots from Oakridge Farms to the proposed development.
Add Condition #24 to read: Storm water management for proposed development to be built in accordance with Forsyth County and the State of Georgia engineering standards to prevent any additional water run-off to lots on Oak Leaf Trail. Development plan contemplates storm water discharge to the southwest of the property. In this regard, Developer will minimize impact to zoning buffer for storm water discharge, where possible.
Add Condition #25 to read: Developer to plant one row of Leyland Cypress trees along the entire project frontage with Old Atlanta Commons subdivision. Trees to be planted along the 40 foot buffer and may be planted just inside the buffer, subject to approval by Forsyth County arborist and provided no other trees are disturbed.
Add Condition #26 to read: Developer to construct a six (6) foot wooden fence along the edge of the detention pond facing the Old Atlanta Commons subdivision.
Add Condition #27 to read: Developer to construct a six (6) foot wooden fence along the edge of the detention pond facing the shopping center. Wooden fence to be placed as close to edge of curb of the development as possible.
Add Condition #28 to read: No outdoor speakers in the development shall be audible from adjoining properties.
Add Condition #29 to read: Anchor tenant shall be a grocer.
Motion carried unanimously.
There was a motion by Commissioner Richard and a second by Commissioner Tam to adjourn. Motion carried unanimously.
____________________________________
Clerk/Deputy Clerk of Commission
The above and foregoing Minutes are hereby certified as being correct and ordered
recorded.
____________________________________________
CHARLES LAUGHINGHOUSE, CHAIRMAN
____________________________________________
DAVID W. RICHARD, VICE CHAIRMAN
____________________________________________
JIM HARRELL, SECRETARY
____________________________________________
DR. LINDA K. LEDBETTER, MEMBER
____________________________________________
BRIAN R. TAM, MEMBER
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