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FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING
JULY 24, 2007
PLANNING COMMISSION MEMBERS PRESENT:
Pam Livesay, Mary Helen McGruder, Bettina Hammond and Brant Meadows
PLANNING COMMISSION MEMBERS ABSENT:
Barry Russell
BOARD OF COMMISSIONER MEMBERS PRESENT:
Charles Laughinghouse, David W. Richard, Dr. Linda Ledbetter and Jim Harrell
BOARD OF COMMISSIONER MEMBERS ABSENT:
Brian Tam
ALSO PRESENT:
Tom Brown, Assistant Director of Planning and Development, Teressa M. Cox, Planner II, Crystal R. Clemens, Planner Technician, Renee Hoge, Engineering Department and Ben House, Water Department
MEETING CALLED TO ORDER:
Pam Livesay called the meeting to order and led the pledge of allegiance.
REVIEW OF MEETING RULES AND PROCEDURES
Teressa M. Cox read the meeting rules and procedures.
UNDER ADOPTION OF MINUTES THE FOLLOWING ACTION WAS TAKEN:
There was a motion by Bettina Hammond and a second by Mary Helen McGruder to adopt the minutes of the June 26, 2007 Regular Meeting and the July 17, 2007 Work Session Meeting.
VOTE: Unanimous
UNDER ANNOUNCEMENTS THE FOLLOWING ACTIONS WERE TAKEN:
There was a motion by Bettina Hammond and a second by Mary Helen McGruder to grant the following requests:
1. At the June 26, 2007 Planning Commission meeting, the applicant of ZA3356 (Charles and Marjorie Mann Charitable Foundation, Inc.) was granted a postponement until the September 25, 2007 meeting.
2. The Planning Commission is postponing ZA3370 (Wellstone, LLC) until the August 28, 2007 meeting due to the need to re-advertise this application.
3. The applicant of ZA3376 (Joey K. Heard) has requested a postponement until the August 28, 2007 meeting.
4. The applicant of ZA3394 (BG&W Construction) has requested a postponement until the August 28, 2007 meeting.
5. The applicant of ZA3399 (Anne Marie Lockwood) has requested a postponement until the August 28, 2007 meeting.
6. At the May 22, 2007 meeting, the Planning Commission postponed ZA3401 (Merganser Enterprises, Inc.) until the August 28, 2007 meeting.
7. The applicant of ZA3412 (John Wieland Homes and Neighborhoods, Inc.) has requested a postponement until the August 28, 2007 meeting.
8. The applicant of ZA3413 (John Wieland Homes and Neighborhoods, Inc.) has requested a postponement until the August 28, 2007 meeting.
9. The Planning Commission is postponing ZA3414 (Mercury Real Estate Partners, LLC) until the August 28, 2007 meeting due to the public notification sign not being posted.
10. The applicant of ZA3418 (McFarland Greens, LLC) has withdrawn the rezoning application without prejudice.
11. The applicant of ZA3420 (Cumming Exchange, LLC) has withdrawn the rezoning application without prejudice.
12. The Planning Commission is postponing ZA3421 (Meyers Brothers Properties, LLC) until the August 28, 2007 meeting due to the DRI report not having been received.
13. The applicant of ZA3423 (Ransom Financial Group) has requested a postponement until the August 28, 2007 meeting.
14. The Planning Commission is postponing ZA3424 (Mivon, Inc.) until the August 28, 2007 meeting due to the title opinion not having been filed.
15. The applicant of ZA3425 (Terra Sea Development) has requested a postponement until the August 28, 2007 meeting.
16. The Planning Commission is postponing ZA3427 (TABAS, Inc.) until the August 28, 2007 meeting in order for the applicant to
17. At the June 26, 2007 meeting, the Planning Commission postponed ZA3430 (North Georgia Land Group, LLC) until the August 28, 2007 meeting.
18. The applicant of ZA3433 (Tony E. Tate) has requested a postponement until the August 28, 2007 meeting.
19. The applicant of ZA3437 (Lanier Exterminating Service) has requested a postponement until the August 28, 2007 meeting.
UNDER ADDITIONAL REQUESTS:
At this time, Brant Meadows made an announcement that it had come to his attention that a discrepancy may have existed as to the application of UDC Rule 8-2.12. In an effort to achieve consistency, he wanted to advise all current applications after this evening that are before this Planning Commission they will be expected to follow UDC Rule 8-2.12. He wanted to encourage staff to adhere to UDC Rule 8-2.12 regarding title insurance.
1. There was a motion by Bettina Hammond and a second by Mary Helen McGruder to postpone SP070012 (Concept Development, LLC) until the September 25, 2007 meeting.
Motion carried unanimously.
2. There was a motion by Bettina Hammond and a second by Mary Helen McGruder to postpone ZA3431 (Anthony Failla) until the September 25, 2007 meeting.
Motion carried unanimously.
3. There was a motion by Pam Livesay and a second by Mary Helen McGruder to postponed ZA3417 (Adriana Munoz) until the August 28, 2007 meeting.
Motion carried unanimously.
UNDER OLD BUSINESS THE FOLLOWING ACTION WAS TAKEN:
1. Sprint/Nextel CP070003 Commission District #1
This request involves the issuance of a Conditional Use Permit for the purpose of construction of a 199 foot tall monopole cellular communications tower within 127.44 acres on property currently zoned as an Agricultural District (A2). This property is located on the north and south side of Spot Road approximately 2,800 feet west of the intersection with Mountain Road. The public hearing for this Conditional Use Permit was held on May 22, 2007. There was a motion by Brant Meadows and a second by Bettina Hammond to send this request to the Board of Commissioners with a recommendation of APPROVAL of the Conditional Use Permit with the following conditions:
1. The height of the tower shall be 198 feet.
Motion carried unanimously.
UNDER NEW BUSINESS THE FOLLOWING ACTION WAS TAKEN:
None.
UNDER PUBLIC HEARINGS FOR HOME OCCUPATION PERMITS THE FOLLOWING ACTION WAS TAKEN:
None
UNDER PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS THE FOLLOWING ACTIONS WERE TAKEN:
None
UNDER PUBLIC HEARINGS FOR SKETCH PLATS THE FOLLOWING ACTION WAS TAKEN:
1. Stephen N. Manning SP070010 Commission District #5
The applicant is requesting the development of a residential subdivision of eight (8) lots on 10 acres of property zoned as a Single Family Residential District (R1). This property is located on the east side of Buford Highway (S.R. 20) approximately 600 feet northwest from the intersection with James Burgess Road. There was a motion by Brant Meadows and a second by Mary Helen McGruder to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on July 24, 2007 speaking in opposition to this request. There was a motion by Mary Helen McGruder and a second by Bettina Hammond to close the Public Hearing. Motion carried unanimously. There was a motion by Mary Helen McGruder and a second by Bettina Hammond to APPROVE this Sketch Plat with the following conditions:
1. Developer shall dedicate right of way as per Georgia DOT road improvement project on SR 20 (Buford Hwy.).
2. Developer shall construct the road fronting Tracts A, B and C to Forsyth County commercial road standards.
3. 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.
Motion carried unanimously.
At this time, Bettina Hammond, recused herself from this sketch plat and left the meeting.
2. Hammond Properties, Inc. SP070011 Commission District #5
The applicant is requesting the development of retail and an office complex of 84,000 square feet on 6.58 acres of property zoned as a Commercial Business District (CBD). This property is located on the south side of Keith Bridge Road approximately 400 feet southwest from the intersection with Browns Bridge Road. There was a motion by Mary Helen McGruder and a second by Brant Meadows to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on July 24, 2007 speaking in opposition to this request. There was a motion by Mary Helen McGruder and a second by Brant Meadows to close the Public Hearing. Motion carried unanimously. There was a motion by Mary Helen McGruder and a second by Brant Meadows to APPROVE this Sketch Plat with the following conditions:
1. Developer shall dedicate right of way on S.R. 306 (Keith Bridge Road) as per Georgia DOT road intersection improvement project.
2. Developer shall construct improvements as required by Georgia DOT and/or Department of Engineering based upon final configuration of site plan.
Motion carried unanimously.
At this time, Bettina Hammond returned to the meeting.
3. Premium Investments Properties, LLC SP070013 Commission District #1
The applicant is requesting the development of 81,600 square feet of office and retail space on 8.35 acres of property zoned as a Commercial Business District (CBD). This property is located on the east side of Atlanta Highway (S.R. 9) across from Anthem Parkway. There was a motion by Brant Meadows and a second by Bettina Hammond to open the Public Hearing. Motion carried unanimously. There was one person present at the Public Hearing held on July 24, 2007 speaking in opposition to this request. There was a motion by Brant Meadows and a second by Bettina Hammond to close the Public Hearing. Motion carried unanimously. There was a motion by Brant Meadows and a second by Bettina Hammond to APPROVE this Sketch Plat with the following conditions:
1. A 16 inch watermain will be required along the road frontage of Highway 9 outside of the proposed roadway widening.
2. An 8 inch watermain will be required along Valley Circle Road.
3. Gravity sewer shall be constructed from the nearest point of connection.
4. Sanitary sewer service shall be extended to Highway 9 and made available to all adjacent properties.
5. Developer shall dedicate right of way 60' feet from centerline of S.R. 9 (Atlanta Highway).
6. Developer shall dedicate right of way 30' feet from centerline of Valley Circle Road.
7. Developer shall upgrade Valley Circle Road to the intersection with S.R. 9 (Atlanta Highway) to current Forsyth County commercial road construction standards.
8. Developer shall construct a left turn lane on S.R. 9 (Atlanta Highway) at Valley Circle Road.
9. Developer shall construct improvements as required by Georgia DOT and/or Department of Engineering based upon final configuration of site plan.
Motion carried unanimously.
4. Premium Investments Properties, LLC SP070014 Commission District #1
The applicant is requesting the development of 110,000 square feet of office and retail space on 10.85 acres of property zoned as a Neighborhood Shopping District (NS). This property is located on the west side of Canton Highway (S. R. 20) at the intersection with Greenwood Acres Drive and on the south side of Greenwood Acres Drive at the intersection with Canton Highway (S.R. 20). There was a motion by Brant Meadows and a second by Bettina Hammond to open the Public Hearing. Motion carried unanimously. There were two people present at the Public Hearing held on July 24, 2007 speaking in opposition to this request. There was a motion by Brant Meadows and a second by Bettina Hammond to close the Public Hearing. Motion carried unanimously. There was a motion by Brant Meadows and a second by Bettina Hammond to APPROVE this Sketch Plat with the following conditions:
1. Buffers and Setback shown on site plan dated 4-20-07 shall be required as submitted along the adjoining property with Greenwood Acres Subdivision.
2. Watermain shall be extended from across Highway 20. An 8 inch watermain will be required along the road frontage of Highway 20. An 8 inch watermain will be required along Greenwood Acres Drive.
3. Sanitary sewer service shall be made available to all adjacent properties.
4. Sanitary sewer pump station shall be designed in accordance with City of Cumming standards and specifications.
5. Sanitary sewer pump station shall be designed large enough to serve the upstream drainage area.
6. Developer shall dedicate right of way 60 feet from centerline of S.R. 20 (Canton Highway).
7. Developer shall dedicate right of way 30 feet from centerline of Greenwood Acres Drive.
8. Developer shall construct a right turn lane on Greenwood Acres Drive at S.R. 20 (Canton Highway).
9. Developer shall upgrade to current Forsyth County standards Greenwood Acres Drive from entire property frontage north to S.R. 20 (Canton Highway).
10. Developer shall construct improvements as required by Georgia DOT and/or Department of Engineering based upon final configuration of site plan.
Motion carried unanimously.
UNDER PUBLIC HEARINGS FOR REZONINGS THE FOLLOWING ACTIONS WERE TAKEN:
1. Damon Rose ZA #3388 Commission District #4
This request involves rezoning 1.08 acres from a Lake Residential District (LR) to a Commercial Business District (CBD) to allow the proposed use/development of retail space on this property. This property is located on the north side of Browns Bridge Road (S. R. 369) across from the intersection with Diana Circle. There was a motion by Brant Meadows and a second by Bettina Hammond to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on July 24, 2007 speaking in opposition to this request. There was a motion by Brant Meadows and a second by Bettina Hammond to close the Public Hearing. Motion carried unanimously. There was a motion by Bettina Hammond and a second by Brant Meadows to send this request to the Board of Commissioners with a recommendation of APPROVAL FROM LR TO CBD WITH THE FOLLOWING CONDITIONS:
1. The development shall be limited to 25% impervious surface coverage.
2. 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.
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 of 60' from centerline of SR 369 (Browns Bridge Road).
5. Developer shall show future right of way on SR 369 (Browns Bridge Road) as per GDOT 369 concept plan and show building setbacks measured from the future right of way.
6. Developer shall construct improvements as required by GA DOT and/or Department of Engineering based upon final configuration of site plan.
7. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.
8. Garbage dumpster pickup shall be between 6:00 a.m. and 9:00 p.m., Monday thru Saturday.
9. 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.
10. 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) Hotels or Motels.
(e) Theaters.
(f) Electronic game playing centers.
(g) Adult novelty stores.
(h) Adult entertainment centers.
(i) Pawn shops.
(j) Pool halls.
(k) Tattoo parlors.
(l) Schools.
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. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.
13. No Commercial deliveries or garbage pick-up will occur between the hours of 9:00 p.m. and 7:00 a.m.
14. 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.
15. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).
Motion carried unanimously.
2. Bentley Investment Properties, LLC ZA #3432 Commission District #4
This request involves rezoning 12 acres from an Agricultural District (A1) to a Single Family Residential Two Units Per Acre District (Res2) to allow the proposed use/development of single family homes on this property. This property is located on the south side of Jot-Em-Down Road approximately 800 feet west of the intersection with Grindle Road. There was a motion by Brant Meadows and a second by Bettina Hammond to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on July 24, 2007 speaking in opposition to this request. There was a motion by Brant Meadows and a second by Bettina Hammond to close the Public Hearing. Motion carried unanimously. There was a motion by Bettina Hammond and a second by Brant Meadows to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM A1 TO RES2 WITH THE FOLLOWING CONDITIONS:
1. The subject property shall be developed as Res2 with a density no higher than 1.5 units/acre or lot sizes at least 30,000 sq. ft.
2. There shall be no mass grading on site.
3. 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.
4. 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.
5. Sewer capacity is not guaranteed for this property. All sewer capacity agreements must be approved by the Forsyth County Board of Commissioners.
6. Developer shall dedicate right of way 50 feet from the centerline on Jot Em Down Road.
7. Developer shall construct improvements on Jot Em Down Road as required by Department of Engineering based upon final configuration of site plan.
8. Homes shall have not less than 1800 sq. ft. of heated floor space exclusive of garages, basements and porches.
9. Homes shall have at minimum two-car garages.
10. 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.
11. There shall be a landscaped entrance with a monument type sign consistent with the requirements of the Forsyth County Sign Code.
12. 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.
13. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).
14. Along the common boundary of the subject property in tax parcel 278-032, currently owned by Ricky D. Barrett, that is located north of the common boundary line of Land Lot 381 and 382, the developer will install a ten foot (10’) deep landscape strip planted with Leyland Cypress trees and to the Forsyth County Buffer Standards and along the common boundary of the subject property in tax parcel 278-032, that is located south of the common boundary line of Land Lots 381 and 382, the developer will maintain a twenty-five foot (25’) deep zoning buffer.
Motion carried unanimously.
3. Lisa Fingar ZA #3434 Commission District #5
This request involves rezoning .694 acres from a Lake Residential District (LR) to an Office Residential District (OR) to allow the proposed use/development of a realty office on this property. This property is located on the north side of Browns Bridge Road approximately 52 feet east from the intersection with Charleston Park Road. There was a motion by Mary Helen McGruder and a second by Bettina Hammond to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on July 24, 2007 speaking in opposition to this request. There was a motion by Mary Helen McGruder and a second by Bettina Hammond to close the Public Hearing. Motion carried unanimously. There was a motion by Mary Helen McGruder and a second by Bettina Hammond to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM LR TO OR WITH THE FOLLOWING CONDITIONS:
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. 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.
3. Developer shall dedicate right of way 60 feet from the centerline on S.R. 369 (Browns Bridge Road) and any additional right of way as may be required by the Georgia DOT widening project for S.R. 369. Contact LPA Group, Inc. for right of way information.
4. Developer shall construct improvements on S.R 369 (Browns Bridge Road) as required by Georgia DOT and/or Department of Engineering based upon final configuration of site plan.
5. 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.
6. 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) Schools.
Motion carried unanimously.
4. Ira Herbert Dailey ZA #3435 Commission District #2
This request involves rezoning 4.233 acres from a Single Family Residential District (R1) to a Commercial Business District (CBD) to allow the proposed use/development of office and retail space on this property. This property is located on the east side of Peachtree Parkway (S.R. 141) approximately 100 feet south of the intersection with Diplomat Drive. There was a motion by Bettina Hammond and a second by Mary Helen McGruder to open the Public Hearing. Motion carried unanimously. There was one person present at the Public Hearing held on July 24, 2007 speaking in opposition to this request. There was a motion by Mary Helen McGruder and a second by Bettina Hammond to close the Public Hearing. Motion carried unanimously. There was a motion by Pam Livesay and a second by Mary Helen McGruder to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM R1 TO CBD WITH THE FOLLOWING CONDITIONS:
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. 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.
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 construct improvements as required by Georgia DOT and/or Department of Engineering based on final configuration of site plan.
5. 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.
6. 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) Schools.
7. 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.
8. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.
9. No Commercial deliveries or garbage pick-up will occur between the hours of 9:00 p.m. and 7:00 a.m.
10. The developer shall maintain a forty foot (40’) required buffer adjacent to Longlake Subdivision and Peachtree Court Subdivision.
Motion carried unanimously.
5. Doxtader Holdings Group, LLC ZA #3436 Commission District #2
This request involves rezoning 2.996 acres from a Single Family Residential Four Units Per Acre District (Res4) to a Restricted Industrial District (M1) with a variance to the buffer requirements and a variance to the setback requirements to allow the proposed use/development of office and warehouse space on this property. This property is located on the west side of Meadow Lane approximately 400 feet north from the intersection with Old Alpharetta Road. There was a motion by Bettina Hammond and a second by Mary Helen McGruder to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on July 24, 2007 speaking in opposition to this request. There was a motion by Bettina Hammond and a second by Mary Helen McGruder to close the Public Hearing. There was a motion by Pam Livesay and a second by Mary Helen McGruder to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM RES4 TO M1 WITH A VARIANCE TO THE BUFFER REQUIREMENTS, A VARIANCE TO THE SETBACK REQUIREMENTS AND WITH THE FOLLOWING CONDITIONS:
1. Development shall have the same appeal in building design and landscaping as the Meadows Industrial Park.
2. 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.
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. Sewer capacity is not guaranteed for this property. All sewer capacity agreements must be approved by the Forsyth County Board of Commissioners.
5. Developer shall construct improvements as required by Department of Engineering based on final configuration of site plan.
6. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.
7. Garbage dumpster pickup shall be between 6:00 a.m. and 9:00 p.m., Monday thru Saturday.
8. 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.
9. 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) Schools.
10. 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.
11. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.
12. No commercial deliveries will occur between the hours of 9:00 p.m. and 7:00 a.m.
13. 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.
14. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).
Motion carried unanimously.
UNDER ADJOURNMENT
There was a motion by Pam Livesay to adjourn the meeting. Mary Helen McGruder seconded the motion and it carried unanimously.
Adopted August 28, 2007
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Pam Livesay, Chairperson
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Mary Helen McGruder, Vice-Chairperson
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Bettina Hammond, Secretary
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Brant Meadows, Member
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