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FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JANUARY 24, 2005
On Monday, January 24, 2005 at 5:10 p.m., in the Commissioners’ Meeting Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Regular Meeting with the following persons present: Jack Conway – Chairman, Brian R. Tam – Vice Chairman, Linda K. Ledbetter – Secretary, Charles Laughinghouse – Member, David W. Richard – Member, David Armstrong – County Manager, Jeff Quesenberry – Chief Financial Officer, Ken Jarrard – County Attorney, Carol Haag – Aide to Chairman, Shawn Scott – Aide to Vice Chairman and Sonya Bush – Clerk.
AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
MONDAY, JANUARY 24, 2005 @ 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) The Public Hearing Meeting that was scheduled for Monday, January 17, 2005 has been rescheduled to Monday, January 31, 2005 due to the Martin Luther King Holiday – Chairman Conway.
(2) The Regular Meeting scheduled for Monday, February 14, 2005 has been rescheduled to Monday, February 7, 2005 due to the ACCG Legislative Conference – Chairman Conway.
V. Adoption of Minutes:
(1) Called Meeting/Work Session and Executive Session of December 22, 2004.
(2) Regular Meeting and Executive Session of January 10, 2005.
VI. Consent Agenda:
(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of December 22, 2004 and January 10, 2005.
(2) Adoption of Resolution in recognition of the achievements of the Forsyth Central High School Drama Troupe – Commissioner Ledbetter.
(3) Adoption of the Cheek Settlement Agreement – County Attorney.
(4) Approval of the exchange of approximately 0.270 acres of land located at 585 Dahlonega Street in Cumming for real property of equal or greater value owned by Louise Mashburn to provide for expansion by the Forsyth County Library System and authorization for the Chairman to execute the deed associated with the property exchange – County Attorney.
(5) Adoption of Resolution approving Administrative Order 04-10 for the purpose of establishing the annual salary for the Judge of the Forsyth County Juvenile Court – Director of Human Resources.
(6) Reappointment of George Pirkle as a member to the Board of Ethics as the Civil Service Board representative – County Manager.
VII. Old Business:
(1) Rezoning requests: (Director of Planning & Development)
(A) 369 Corner, LLC, ZA# 2987, A1 to CBD – District #1.
(Postponed from November 22, 2004 Agenda).
(B) Douglas Sorrells, ZA# 2945, A1 to CBD with a Conditional Use Permit to allow the proposed use/development of a car wash, open storage, mini warehouse and other permitted CBD uses – District #1.
(Postponed from November 22, 2004 and December 13, 2004 Agendas).
(C) Bennett Partners, LLLP, CUP #04-060 issuance of a Conditional Use Permit for the purpose of an open storage yard, warehouse and storage building on property currently zoned CBD – District #3.
(Postponed from August 23, 2004 and September 27, 2004 Agendas).
APPLICANT HAS REQUESTED POSTPONEMENT TO FEBRUARY 21, 2005.
(D) Larry and Kathy Kennemore, ZA# 2944, A1 to HB – District #3.
(Postponed from August 23, 2004 Agenda).
APPLICLANT HAS REQUESTED POSTPONEMENT TO MARCH 21, 2005.
(2) Committee appointments for 2005 – Chairman Conway.
(3) Approval of insurance appointment – Chief Financial Officer.
(Postponed from December 20, 2004 and January 10, 2005 Agendas).
(4) Discussion of Water & Sewer Bond Issue – Chief Financial Officer.
(Postponed from December 20, 2004 and January 10, 2005 Agendas).
(5) Acceptance/rejection of Bid #04-58-3150 for the construction of Mathis Airport Road – Procurement Director.
(Postponed from December 20, 2004, December 22, 2004 and January 10, 2005 Agendas).
VIII. New Business:
(1) Rezoning requests: (Director of Planning & Development)
(A) Wayne F. Orr, CUP# 04-052, issuance of a Conditional Use Permit for the purpose of a helipad on property currently zoned M1 – District #2.
(B) Patricia Wood, CUP# 04-067, issuance of a Conditional Use Permit for the purpose of a dog kennel and dog training facility on property currently zoned A1 – District #3.
(C) Fox Creek Properties, Inc., ZA# 2982, A1 to RES-4 with variances to the buffer and setback requirements – District #2.
(D) Yost Communities, Inc., ZA# 3010, M1 to RES-6 – District #3.
(E) Yost Communities, Inc., ZA# 2985, A1/R1 to NS – District #3.
(F) Kirk Alan McConnell, ZA# 3002, A1 to CBD with variances to buffer, setback and parking requirements – District #4.
(G) Kelly’s Crossing, LLC, ZA# 3005, A1 to RES-6 – District #3.
(H) Paragon Development Group, LLC, ZA# 3011, A1 to RES-3 – District #3.
(The Planning Commission recommends approval to RES-2 as Conservation).
(I) D & S Commons, LLC, ZA# 3013, CBD to HB with a Conditional Use Permit to allow the proposed use/development of a veterinary clinic, kennel and animal hospital – District #5.
(Applicant has requested withdrawal).
(J) Nuckolls Park Development, ZA# 3016, A1 to NS with a variance to buffer requirements – District #1.
(Applicant has requested postponement to February 28, 2005).
(K) Candy Hammond, ZA# 3017, A1 to CBD with a variance to setback and buffer requirements – District #4.
(2) Acceptance of Change Order with Townley Construction to add waterline on Sharon Circle – Procurement Director.
(3) Approval of purchase of Pictometry Software – Procurement Director.
(4) Approval of an annual contract for a period of one (1) year with an option to renew for two (2) years with Decatur Electronics for the purchase of In-car Camera Video Systems for the Sheriff’s Office – Procurement Director.
(5) Appointment of member to the Planning Commission for District #4 (Mack Sheddan will resign effective at the close of the January 25, 2005 Planning Commission Meeting) – County Manager.
(6) Appointment/reappointment of member to the Parks & Recreation Board for District #4 (the term of Cindy J. Mills has expired) – County Manager.
(7) Appointment/reappointment of member to the Parks & Recreation Board for District #2 (the term of Mark Majors has expired) – County Manager.
(8) Approval of Parking Lot Lease Contract – Chief Financial Officer.
(9) Adoption of Rules and Procedures for 2005 – Chairman Conway.
(10) Resolution in Support of Post Voting, Reduction of Districts, and an At-large Chairman – Chairman Conway.
(11) Request to approve the new classification of Lt. Colonel (0543) grade 30 and the addition of two (2) new positions, increasing from 318 to 320 total positions in the 2005 Sheriff’s Office budget – Director of Human Resources/Sheriff’s Office.
IX. Public Comments
X. Recess Regular Meeting
XI. Executive Session if Needed
XII. Adjournment
Chairman Conway recognized a quorum and called the meeting to order.
Invocation and Pledge of Allegiance were given by Commissioner Laughinghouse.
ADOPTION OF AGENDA
CONSENT AGENDA
There was a motion by Commissioner Conway and a second by Commissioner Laughinghouse to add Consent Agenda, Item #7 (Approval to submit Grant to GEMA for 911 Microwave Links). Motion carried unanimously.
OLD BUSINESS
There was a motion by Commissioner Laughinghouse and a second by Commissioner Conway to postpone Old Business, Item #1A (369 Corner, LLC, ZA# 2987, A1 to CBD) to the February 28, 2005 meeting at the request of the applicant. Motion carried unanimously.
There was a motion by Commissioner Conway and a second by Commissioner Laughinghouse to postpone Old Business, Item #1C (Bennett Partners, LLLP, CUP# 04-060, issuance of a Conditional Use Permit for the purpose of an open storage yard, warehouse and storage building on property currently zoned CBD) to the February 17, 2005 meeting. Motion carried unanimously.
There was a motion by Commissioner Conway and a second by Commissioner Laughinghouse to postpone Old Business, Item #1D (Larry and Kathy Kennemore, ZA# 2944, A1 to HB) to the March 21, 2005 meeting at the request of the applicant. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Conway to postpone Old Business, Item #2 (Committee appointments for 2005) to the February 28, 2005 meeting. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Conway to postpone Old Business, Item #3 (Approval of insurance appointment) to the February 28, 2005 meeting. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Conway to postpone Old Business, Item #5 (Acceptance/rejection of Bid #04-58-3150 for the construction of Mathis Airport Road) to the February 7, 2005 meeting. Motion carried unanimously.
NEW BUSINESS
There was a motion by Commissioner Tam and a second by Commissioner Conway to postpone New Business, Item #1A (Wayne F. Orr, CUP# 04-052, issuance of a Conditional Use Permit for the purpose of a helipad on property currently zoned M1) to the March 14, 2005 meeting. Motion carried unanimously.
There was a motion by Commissioner Conway and a second by Commissioner Tam to postpone New Business, Item #1B (Patricia Wood, CUP# 04-067, issuance of a Conditional Use Permit for the purpose of a dog kennel and dog training facility on property currently zoned A1) to the February 7, 2005 meeting.
There was a motion by Commissioner Conway and a second by Commissioner Tam to postpone New Business, Item #1G (Kelly’s Crossing, LLC, ZA# 3005, A1 to RES-6) to the March 28, 2005 meeting. Motion carried unanimously.
There was a motion by Commissioner Ledbetter and a second by Commissioner Conway to allow New Business, Item #1I (D & S Commons, LLC, ZA# 3013, CBD to HB with a Conditional Use Permit to allow the proposed use/development of a veterinary clinic, kennel and animal hospital) to be withdrawn. Motion carried unanimously.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Conway to postpone New Business, Item #1J (Nuckolls Park Development, ZA# 3016, A1 to NS with a variance to buffer requirements) to the February 28, 2005 meeting at the request of the applicant. Motion carried unanimously.
There was a motion by Commissioner Conway and a second by Commissioner Richard to postpone New Business, Item #9 (Adoption of Rules and Procedures for 2005) to the February 7, 2005 meeting.
There was a motion by Commissioner Tam and a second by Commissioner Conway to postpone New Business, Item #10 (Resolution in support of Post Voting, Reduction of Districts and an At-large Chairman) to the January 31, 2005 Public Hearing meeting. Motion carried unanimously.
There was a motion by Commissioner Conway and a second by Commissioner Ledbetter to postpone New Business, Item #11 (Request to approve the new classification of Lt. Colonel (0543) grade 30 and the addition of two (2) new positions, increasing from 318 to 320 total positions in the 2005 Sheriff’s Office budget) to the February 7, 2005 meeting.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Tam to adopt the agenda as amended. Motion carried unanimously.
UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:
Commissioner Ledbetter read and presented a Resolution in recognition of the achievements of the Forsyth Central High School Drama Troupe.
Chairman Conway announced that the Public Hearing Meeting that was scheduled for Monday, January 17, 2005 has been rescheduled to Monday, January 31, 2005 due to the Martin Luther King Holiday.
Chairman Conway announced that the Regular Meeting scheduled for Monday, February 14, 2005 has been rescheduled to Monday, February 7, 2005 due to the ACCG Legislative Conference.
Chairman Conway announced that the Fire Prevention Ordinance will not be heard at the January 31, 2005 Public Hearing meeting.
Chairman Conway announced the Public Hearing meeting scheduled for Monday, February 21, 2005 has been rescheduled to Thursday, February 17, 2005.
Commissioner Richard announced that he intends at the February 7, 2005 regularly scheduled meeting to move for rescission of the Board’s action on October 25, 2004 to award the Sign Kiosk program to Lang Signs. This action is taken, not for any issue with the company who has been awarded the contract, but with the overall program in general.
UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:
Called Meeting/Work Session and Executive Session of December 22, 2004
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to adopt the minutes of the Called Meeting/Work Session and Executive Session of December 22, 2004. Motion carried unanimously.
Regular Meeting and Executive Session of January 10, 2005
There was a motion by Commissioner Tam and a second by Commissioner Laughinghouse to adopt the minutes of the Regular Meeting and Executive Session of January 10, 2005. Motion carried unanimously.
CONSENT AGENDA
There was a motion by Commissioner Laughinghouse and a second by Commissioner Tam to approve the Consent Agenda as follows:
The adoption of Resolutions authorizing Affidavits concerning Executive Sessions of December 22, 2004 and January 10, 2005.
The adoption of Resolution in recognition of the achievements of the Forsyth Central High School Drama Troupe.
The adoption of the Cheek Settlement Agreement.
The approval of the exchange of approximately 0.270 acres of land located at 585 Dahlonega Street in Cumming for real property of equal or greater value owned by Louise Mashburn to provide for expansion by the Forsyth County Library System and authorization for the Chairman to execute the deed associated with the property exchange.
The adoption of Resolution approving Administrative Order 04-10 for the purpose of establishing the annual salary for the Judge of the Forsyth County Juvenile Court.
The reappointment of George Pirkle as a member to the Board of Ethics as the Civil Service Board representative.
The approval to submit grant to GEMA for 911 Microwave Links.
Motion carried unanimously.
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Douglas Sorrells, ZA# 2945, A1 to CBD with a Conditional Use Permit to allow the proposed use/development of a car wash, open storage, mini warehouse and other permitted CBD uses – District #1
There was a motion by Commissioner Laughinghouse and a second by Commissioner Ledbetter to approve the rezoning request by Douglas Sorrells, ZA# 2945, A1 to CBD with a Conditional Use Permit to allow the proposed use/development of a car wash, open storage, mini warehouse and other permitted CBD uses with the following conditions:
1. The mini-storage and outside storage must meet all UDC requirements, Ch. 16-4.22.
2. The development must meet fire flows of 750 gpm, or irrigation demands, whichever is greater. All improvements to the County water and sewer systems 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 gravity sewer lines installed must be sized to serve the entire basin. Line sizes and materials must be in accordance with the Forsyth County Sewer Master Plan. 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. If road widening is required as part of the project, such as addition of a left turn lane or deceleration lane, any necessary water main relocation (as determined by Forsyth County) will be done at the developer's expense.
5. All improvements shall conform to Forsyth County Construction Standards and Specifications, latest edition.
6. Developer shall dedicate right of way 60 feet from the centerline on SR 369. Dedication shall occur within sixty (60) days of zoning approval.
7. Developer shall obtain an entrance permit from Georgia DOT and construct all improvements on SR 369 as required by Georgia DOT and/or Department of Engineering based on final configuration of site plan.
8. Developer shall comply with Ordinance 75, Stormwater Management. If pervious paving material can be utilized to offset retention requirements it can be used.
9. Show all flood plain on site plan and comply with Ordinance 55, Flood Damage Prevention. There shall be no encroachment in flood plain except as approved by Department of Engineering.
10. All streams shall have a minimum 35 foot undisturbed buffer measured from the top of the bank. If federal, state, or local law requires a greater buffer and/or impervious setback, such as buffers required by the Part V criteria, the greater buffer and impervious setback shall apply.
11. Stream buffer encroachments shall be permitted for perpendicular road and utility crossings only. Any other encroachment will require a variance from EPD.
12. Developer shall have all jurisdictional waters identified. There shall be no encroachment in these areas except as permitted by the Corps of Engineers and EPD.
13. Exterior lighting fixtures shall be the box type and situated so that light is directed only downward. The fixtures shall be not closer than 5 feet of the perimeter of a parking lot. Fixtures shall be no more than 25 feet high and shall be designed so as to minimize light spillage to no more than 1 foot candle along the boundary of the property.
14. There shall be a landscaped entrance with a monument sign located on Highway 369. The monument sign shall be constructed of brick or stone and shall not exceed ten (10) feet in height.
15. The exterior of all new structures shall be of brick or stone with no more than 25% stucco, tile, or masonry based plank as accent. There shall be no metal or vinyl siding.
16. No less than seventy-five (75) percent of the open storage area shall be utilized for RV and boat storage.
17. Developer will construct a six (6) foot high chain link fence along the perimeter of the subject CUP property except those areas where the Forsyth County Board of Education has erected a fence along their property line.
18. Except for the entrance to the property, there shall be a ten (10) foot landscaped buffer along Highway 369. The buffer shall comply with Forsyth County buffer standards and shall be planted prior to the issuance of a CO for any new commercial building on the property.
19. The following uses shall not be permitted on the subject property:
(a) Convenience stores, with or without gasoline pumps
(b) 24 hour businesses
(c) Bars, lounges or night clubs
(d) Hotels or motels
(e) Theaters
(f) Electronic game playing centers
(g) Adult entertainment centers
(h) Adult novelty stores
(i) Pawn shops
(j) Pool halls
(k) Tattoo parlors and
(l) Schools
20. Exterior construction hours including grading and site preparation shall be limited to 7:00 am to 7:00 pm, Monday through Friday and 8:00 am to 6:00 pm on Saturday. There shall be no outside construction on Sunday.
21. No variances shall be granted concurrent with this zoning.
22. Final site plan shall be submitted to the District 1 Commissioner for approval.
23. Developer will remove all zoning signs within three (3) days of a decision by the Board of Commissioners. There will be a penalty of $100 per sign per day for non compliance.
Motion carried unanimously.
Discussion of Water & Sewer Bond Issue
Chairman Conway recused himself from this item and turned the meeting over to the Vice Chairman.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Ledbetter to approve a Fixed Rate Bond in the amount of $20,000,000 to CitiGroup and a Variable Rate Bond in the amount of $30,000,000 to Morgan Stanley as recommended by the Chief Financial Officer. Motion carried with four members in favor (Tam, Ledbetter, Laughinghouse and Richard) and one member abstaining (Conway).
Chairman Conway returned to the meeting.
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Fox Creek Properties, Inc., ZA# 2982, A1 to RES-4 with variances to the buffer and setback requirements – District #2
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to approve the rezoning request by Fox Creek Properties, Inc., ZA# 2982, A1 to RES-4 with variances to the buffer and setback requirements with the following conditions:
1. The submitted site plan shall be used as a conceptual plan only and the construction plans comply with all the requirements of the Forsyth County Unified Development Code without the need for any variances.
2. A 5' sidewalk shall be installed on at least one side of the interior streets and along the entire frontage of Majors Road.
3. All streams shall have a minimum 50 foot undisturbed buffer and 75 foot impervious setback measured from the top of the bank. If federal, state or local law requires a greater buffer and/or impervious setback, such as buffers required by the Part V criteria, the greater buffer and impervious setback shall apply.
4. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water and sewer systems 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.
5. This development shall tie on to the Forsyth County public sanitary sewer system.
6. It will be the responsibility of the developer to extend gravity sewer to serve this development. Any gravity sewer lines installed must be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. 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.
7. If road widening is required as part of the project, such as addition of a left turn lane or deceleration lane, any necessary water main relocation (as determined by Forsyth County) will be done at the developer's expense.
8. All improvements shall conform to Forsyth County Construction Standards and Specifications, latest edition.
9. Developer shall dedicate right of way per Moreland Altobelli plans for the widening of Majors Road. Contact Moreland Altobelli for proposed right of way location.
10. Developer shall construct all improvements on Majors Road as required by Department of Engineering based on final configuration of site plan.
11. Developer shall comply with Ordinance 75, Stormwater Management.
12. Show all flood plain on site plan and comply with Ordinance 55, Flood Damage Prevention. There shall be no encroachment in flood plain except as approved by Department of Engineering.
13. Developer shall have all jurisdictional waters identified and shown on site plan. There shall be no encroachment in these areas except as permitted by Corp. of Engineers and EPD.
14. Homes shall have not less than 1,800 square feet of heated floor space exclusive of garages, basements and porches.
15. Homes shall have at a minimum two-car garages.
16. All utilities shall be underground.
17. There shall be no more than 72 homes permitted on the subject property, which shall provide for an overall density not to exceed 3.2 units per acre.
18. Exterior lighting fixtures shall be of a type and situated so that light is directed only downward. Fixtures shall be no more than 15 feet high and shall be designed so as to minimize light spillage to no more than 1 foot candle along the boundary of the property.
19. 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 exteriors, setbacks or other similar techniques to provide a more pleasing appearance to the subdivision. No vinyl siding shall be allowed.
20. There shall be a landscaped entrance with a monument type sign.
21. Membership in a homeowners association shall be required for the maintenance of the landscaped entrance area.
22. The Open Space shown on the attached site plan between the creek running along the southern boundary of the property and the rear of the lots shall remain undisturbed, with the exception that the developer can disturb up to ten feet beyond the lot line for grading and slopes. If the ten feet is disturbed, it shall be replanted. Developer agrees to provide Jane Jones with a copy of the Final Grading Plan once it is complete.
23. Developer will immediately seek the approval by the Forsyth County Water and Sewer Department for the sewer serving the property to flow to the northwest corner of the property and not along the creek.
24. Silt fencing shall begin at the "Grading Limit".
25. The 25 foot buffer running along Majors Road will not be mass cleared for a replanted berm. The existing trees that are located in the buffer and are located "At Final Grade" as described in condition #26 below shall not be disturbed; trees that are not "At Final Grade" and have to be removed shall be replanted in accordance with Forsyth County Buffer Standards. At the option of the developer, the 25' buffer may be augmented with additional plantings and/or fencing. The sidewalk described in condition number 2 may be incorporated into the buffer.
26. During the clearing and grading operation, if there is an opportunity to save trees that are "At Grade" with the "Final Grade" and are outside the Clearing Limits, the developer shall actively monitor the grading contractor to save those trees; assuming there is adequate root structure to serve the tree.
27. All streetlights installed shall be "brown hue" direction down lights with baffles.
28. Developer agrees during construction to install metal "No Trespassing" signs and posts along the property line contiguous with the Jane Jones property. Said signs shall be installed in accordance with the Forsyth County Ordinance and/or other such Ga. Ordinance that specifies sign height and spacing.
29. Developer, successor or assignee will notify Jane Jones of the status of the above conditions throughout the rezoning process.
30. Homes shall be constructed with a mix of stone, brick and masonry siding.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Tam to amend the original motion to modify Condition #9 to add the following sentence: The dedication of right-of-way shall occur within thirty (30) days following closing on the property. Motion to amend carried unanimously.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to amend the original motion to add the following condition:
31. The developer will remove all zoning signs within three (3) days of decision of Board of Commissioners. There will be a penalty of $100 per sign, per day for non-compliance.
Motion to amend denied with two members in favor (Laughinghouse and Richard) and three members in opposition (Conway, Tam and Ledbetter).
Original motion, as amended, carried with four members in favor (Conway, Tam, Ledbetter and Richard) and one member in opposition (Laughinghouse).
Yost Communities, Inc., ZA# 3010, M1 to RES-6 – District #3
There was a motion by Commissioner Conway and a second by Commissioner Ledbetter to approve the rezoning request by Yost Communities, Inc., ZA# 3010, M1 to RES-6 with the following conditions:
1. To avoid monotony in townhomes designs:
(a) The front setbacks will vary from unit to unit, a minimum of 20', with a maximum 5' setback variance.
(b) A four unit building shall contain at least two (2) different floor plans, and a six-unit building shall contain at least three (3) different floor plans.
(c) Repetitive floor plans should be alternatively reversed, if used in consecutive units.
(d) Exterior elevations, and roof planes shall vary from unit to unit. Submittal of architectural elevations shall be required prior to the issuance of any land disturbance.
(e) Exterior front facades shall vary from unit to unit, mixing a combination of brick, hardiplank, cedar shakes or stucco. Remaining sides may be of any of the above materials. No vinyl siding shall be allowed.
2. Each unit shall have at least a one-car garage.
3. A passive recreation area and a pervious surface nature trail shall be established within the required open space.
4. All streams shall have a minimum 50 foot undisturbed buffer and 75 foot impervious setback measured from the top of the bank. If federal, state or local law requires a greater buffer and/or impervious setback, such as buffers required by the Part V criteria, the greater buffer and impervious setback shall apply.
5. The development must meet fire flows of 750 gpm or irrigation demands, whichever is greater. All improvements to the County water and sewer systems 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.
6. Any gravity sewer lines installed must be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. 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.
7. If road widening is required as part of the project, such as addition of a left turn lane or deceleration lane, any necessary water main relocation (as determined by Forsyth County) will be done at the developer's expense.
8. All improvements shall conform to Forsyth County Construction Standards and Specifications, latest edition.
9. Developer shall dedicate right of way 60 feet from the centerline of SR 9.
10. Developer shall construct a left turn lane on SR 9 at proposed entrance.
11. Developer shall obtain an entrance permit from Georgia DOT and construct all improvements on SR 9 as required by Georgia DOT and/or Department of Engineering based on final configuration of site plan.
12. Developer shall comply with Ordinance 75, Stormwater Management.
13. Show all flood plain on site plan and comply with Ordinance 55, Flood Damage Prevention. There shall be no encroachment in flood plain except as approved by Department of Engineering.
14. Developer shall have all jurisdictional waters identified and shown on site plan. There shall be no encroachment in these areas except as permitted by Corp. of Engineers and EPD.
15. This site shall contain a maximum of six (6) units per acre for a total of 126 units.
16. Houses will be a minimum of 1400 square feet.
17. There shall be a landscaped entrance with a monument type sign.
18. Membership in a homeowners association shall be required for the maintenance of the landscaped entrance area.
19. Exterior construction hours including grading and site preparation shall be limited to 7:00 am to 7:00 pm, Monday thru Friday and 8:00 am to 6:00 pm on Saturday. There shall be no outside construction on Sunday.
20. All utilities shall be underground.
21. (Residential) Exterior lighting fixtures shall be of a type and situated so that light is directed only downward. Fixtures shall be no more than 15 feet high and shall be designed so as to minimize light spillage to no more than 1-foot candle along the boundary of the property.
22. Fire Code in effect at time of issuance of building permits shall govern.
Motion carried with three members in favor (Conway, Tam and Ledbetter) and two members in opposition (Laughinghouse and Richard).
Yost Communities, Inc., ZA# 2985, A1/R1 to NS – District #3
There was a motion by Commissioner Conway and a second by Commissioner Ledbetter to approve the rezoning request by Yost Communities, Inc., ZA# 2985, A1/R1 to NS with the following conditions:
1. A minimum 20 foot visually impervious buffer be established between this site and the adjacent rear property. The 20’ impervious buffer can be located on either the subject property or the property which is the subject of ZA# 3010 which adjoins.
2. All streams shall have a minimum 50 foot undisturbed buffer and 75 foot impervious setback measured from the top of the bank. If federal, state or local law requires a greater buffer and/or impervious setback, such as buffers required by the Part V criteria, the greater buffer and impervious setback shall apply.
3. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water and sewer systems 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. This development shall tie on to the Forsyth County public sanitary sewer system.
5. It will be the responsibility of the developer to extend gravity sewer to serve this development. Any gravity sewer lines installed must be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. 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.
6. If road widening is required as part of the project, such as addition of a left turn lane or deceleration lane, any necessary water main relocation (as determined by Forsyth County) will be done at the developer's expense.
7. All improvements shall conform to Forsyth County Construction Standards and Specifications, latest edition
8. Developer shall dedicate right of way 60 feet from the centerline of SR 9. Developer shall construct a left turn lane on the main entrance shared by the subject property and the property covered by ZA# 3010. The secondary entrance to the subject property shall be right in and right out only. (This is the recommendation from the traffic study performed by Kimley-Horn and Associates, dated July 29, 2004.)
9. Developer shall obtain an entrance permit from Georgia DOT and construct all improvements on SR 9 as required by Georgia DOT and/or Department of Engineering based on final configuration of site plan.
10. Proposed commercial road shall be designed and constructed in accordance with Forsyth County Standards and Specifications for a commercial road.
11. Developer shall comply with Ordinance 75, Stormwater Management.
12. Show all flood plain on site plan and comply with Ordinance 55, Flood Damage Prevention. There shall be no encroachment in flood plain except as approved by Department of Engineering.
13. Developer shall have all jurisdictional waters identified and shown on site plan. There shall be no encroachment in these areas except as permitted by Corp. of Engineers and EPD.
14. Exterior lighting fixtures shall be of a type and situated so that light is directed only downward. The fixtures shall be not closer than 5 feet of the perimeter of a parking lot. Fixtures shall be no more than 25 feet high and shall be designed so as to minimize light spillage to no more than 1 foot candle along the boundary of the property.
15. There shall be no billboards or signs on poles. All signs will be of monument type not to exceed (10) feet in height.
16. Garbage dumpsters shall be enclosed and gated. All pickup shall be between 6:00 am and 9:00 pm, Monday thru Saturday.
17. Signage shall conform to the latest adopted version of the Forsyth County Sign Ordinance.
18. Exterior construction hours including grading and site preparation shall be limited to 7:00 am to 7:00 pm, Monday thru Friday and 8:00 am to 6:00 pm on Saturday. There shall be no outside construction on Sunday.
19. All utilities shall be underground.
20. 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 but not to exclude a daycare
Motion carried unanimously.
Kirk Alan McConnell, ZA# 3002, A1 to CBD with variances to buffer, setback and parking requirements –District #4
There was a motion by Commissioner Richard and a second by Commissioner Tam to approve the rezoning request by Kirk Alan McConnell, ZA# 3002, A1 to CBD with variances to buffer, setback and parking requirements with the following conditions:
1. All streams shall have a minimum 50 foot undisturbed buffer and 75 foot impervious setback measured from the top of the bank. If federal, state or local law requires a greater buffer and/or impervious setback, such as buffers required by the Part V criteria, the greater buffer and impervious setback shall apply.
2. All improvements shall conform to Forsyth County Construction Standards and Specifications, latest edition.
3. Developer shall dedicate right of way 75 feet from the centerline of SR 306.
4. Developer shall obtain an entrance permit from Georgia DOT and construct all improvements on SR 306 as required by Georgia DOT and/or Department of Engineering based on final configuration of site plan.
5. Developer shall comply with Ordinance 75, Stormwater Management.
6. Show all flood plain on site plan and comply with Ordinance 55, Flood Damage Prevention. There shall be no encroachment in flood plain except as approved by Department of Engineering.
7. Developer shall have all jurisdictional waters identified and shown on site plan. There shall be no encroachment in these areas except as permitted by Corp. of Engineers and EPD.
8. All utilities shall be underground.
9. There shall be a 10 foot landscape strip along Highway 306. There shall be a 10 foot buffer along the east line of subject property which shall be planted with a hedge beginning 60 feet from the northerly right of way line of Highway 306 and extending northerly within such buffer a minimum of 120 feet. Such hedge shall be of a type that will create a visual barrier between subject property and the property adjoining on the east and the developer will consult with the Forsyth County Arborist to determine a type of hedge that will create the desired visual barrier. At such time as Mrs. Hammond no longer resides on the property adjoining subject property on the east, that part of this condition requiring a buffer and hedge along the east line of subject property shall terminate and be of no further force and effect. Until such time as the property adjoining subject property on the west is zoned Commercial Business District, there shall be a 10 foot planted buffer along the west line of subject property.
10. Exterior lighting fixtures shall be of the box type and situated so that light is directed only downward. The fixtures shall be not closer than 5 feet of the perimeter of a parking lot. Fixtures shall be no more than 25 feet high and shall be designed so as to minimize light spillage to no more than 1 foot candle along the boundary of the property.
11. There shall be no billboards or signs on poles. All signs will be of monument type not to exceed (15) feet in height.
12. Garbage dumpsters shall be enclosed and gated. All pickup shall be between 6:00 am and 9:00 pm, Monday thru Saturday.
13. Hours of operation will be no earlier than 6:00 am and no later than 11:00 pm Sunday through Thursday and 6:00 am to 12pm on Friday and Saturday.
14. The following uses shall not be permitted on the subject property:
(a) Convenience stores, with or without gasoline pumps;
(b) 24 hour businesses;
(c) bars, lounges or nightclubs;
(d) hotels or motels;
(e) theaters;
(f) electronic game playing centers;
(g) adult entertainment centers;
(h) adult novelty stores;
(i) pawn shops;
(j) pool halls;
(k) tattoo parlors;
(l) schools
Variances Requested:
Reduction in parking spaces from 33 to 19
Reduction in buffer along west line (side yard) from 40 feet to 10 feet.
Permit encroachment by septic tank drain field into rear buffer.
Motion carried unanimously.
Paragon Development Group, LLC, ZA# 3011, A1 to RES-3 –District #3
There was a motion by Commissioner Conway and a second by Commissioner Tam to approve the rezoning request by Paragon Development Group, LLC, ZA# 3011, A1 to RES-2 as Conservation with the following conditions (addition to existing subdivision which is ZA# 2771):
1. All streams shall have a minimum 50 foot undisturbed buffer and 75 foot impervious setback measured from the top of the bank. If federal, state or local law requires a greater buffer and/or impervious setback, such as buffers required by the Part V criteria, the greater buffer and impervious setback shall apply.
2. This property shall be zoned to RES-2 with conservation if incorporated with the development for ZA# 2771.
3. All conditions associated with ZA# 2771 shall apply to this project except that the sewer service will be furnished by an oversized pump station as approved by Forsyth County Sewer Department which will serve the development as well as the Wyngate development at the Developer’s expense. The wet well will be sized to serve the entire basin and paid for by the Developer. The phase out fee will be waived because the Centex pump station off Mullinax Road will be phased out upon the installation of the pump station to serve this development and Wyngate.
4. The development must meet fire flows of 750 gpm, or irrigation demands, whichever is greater. All improvements to the County water and sewer systems 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.
5. Any gravity sewer lines installed must be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. 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.
6. If road widening is required as part of the project, such as addition of a left turn lane or deceleration lane, any necessary water main relocation (as determined by Forsyth County) will be done at the developer's expense.
7. All improvements shall conform to Forsyth County Construction Standards and Specifications, latest edition.
8. Developer shall comply with Ordinance 75, Stormwater Management.
9. Show all flood plain on site plan and comply with Ordinance 55, Flood Damage Prevention. There shall be no encroachment in flood plain except as approved by Department of Engineering.
10. Developer shall have all jurisdictional waters identified and shown on site plan. There shall be no encroachment in these areas except as permitted by Corp. of Engineers and EPD.
11. This property shall be limited to a maximum of 14 lots.
12. The homes shall have not less than 2,400 square feet of heated floor space, exclusive of garages, basements and porches.
13. Homes shall have at a minimum 2 car enclosed garages.
14. All homes shall have exterior wall faces consisting of rock, brick or masonry based materials, such as hardiplank. Front shall have brick or stone accents.
15. All utilities must be underground.
16. There shall be a mandatory homeowners association to maintain the landscape entrance, fences and buffers.
17. Exterior construction hours including grading and site preparation shall be limited to 7:00 am to 7:00 pm, Monday thru Friday and 8:00 am to 6:00 pm on Saturday. There shall be no outside construction on Sunday.
18. No variances shall be granted concurrent with this zoning.
19. Developer and/or sellers of the lot shall notify all residents and/or purchases prior to closing that they are adjacent to A1 zoned property at Tax Map 062, Parcel 014 which has animals located thereon which may produce dust, smell or noise.
20. The property covered by this zoning shall be combined with the property previously zoned for the applicant in ZA# 2771.
21. Required open space shall be calculated by using the combined acreage of ZA# 2771 and ZA# 3011.
22. If there is a conflict between these conditions and those for ZA#2771 these conditions shall control.
Motion carried unanimously.
Candy Hammond, ZA# 3017, A1 to CBD with a variance to setback and buffer requirements – District #4
There was a motion by Commissioner Richard and a second by Commissioner Conway to approve the rezoning request by Candy Hammond, ZA# 3017, A1 to CBD with a variance to setback and buffer requirements with the following conditions:
1. All streams shall have a minimum 50 foot undisturbed buffer and 75 foot impervious setback measured from the top of the bank. If federal, state or local law requires a greater buffer and/or impervious setback, such as buffers required by the Part V criteria, the greater buffer and impervious setback shall apply.
2. Variances are granted as follows: Side yard reduced from 50 feet to 10 feet, rear yard reduced from 50 feet to 25 feet, eliminate buffer from 40 feet to 0 feet along side and rear gravel rather than paved parking for boat storage.
3. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water and sewer systems 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 gravity sewer lines installed must be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. 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. If road widening is required as part of the project, such as addition of a left turn lane or deceleration lane, any necessary water main relocation (as determined by Forsyth County) will be done at the developer's expense.
6. All improvements shall conform to Forsyth County Construction Standards and Specifications, latest edition.
7. Developer shall obtain an entrance permit from Georgia DOT and construct all improvements on SR 369 as required by Georgia DOT and/or Department of Engineering based on final configuration of site plan.
8. Developer shall comply with Ordinance 75, Stormwater Management.
9. Show all flood plain on site plan and comply with Ordinance 55, Flood Damage Prevention. There shall be no encroachment in flood plain except as approved by Department of Engineering.
10. Developer shall have all jurisdictional waters identified and shown on site plan. There shall be no encroachment in these areas except as permitted by Corp. of Engineers and EPD.
11. All utilities shall be underground.
12. The applicant will tie onto County Sewer Service when it becomes available to property.
13. There shall be a fifty (50) foot undisturbed buffer measured from the top of the bank along all streams.
14. Exterior lighting fixtures shall be of the box type and situated so that light is directed only downward. The fixtures shall be not closer than 5 feet of the perimeter of a parking lot. Fixtures shall be no more than 25 feet high and shall be designed so as to minimize light spillage to no more than 1 foot candle along the boundary of the property.
15. There shall be no billboards or signs on poles. All signs will be of monument type not to exceed (10) feet in height.
16. Garbage dumpsters shall be enclosed and gated. All pickup shall be between 6:00 am and 9:00 pm, Monday thru Saturday.
17. Hours of operation shall be no earlier than 6:00 am and no later than 11:00 pm.
18. The basic business use and site plan shall not vary from that currently submitted to the Planning Commission. Any changes must be approved by the Planning Commission.
19. Prior to any construction permits being issued a final site plan shall be submitted to the Forsyth County Commission, District 4 for approval. The final site plan shall show the type or types of businesses proposed, hours of operation, landscaping, building exterior finish descriptions with colors and any other items deemed appropriate by the Commissioner.
20. The following uses shall not be permitted on the subject property:
(a) 24 hour businesses;
(b) bars, lounges or nightclubs;
(c) hotels or motels;
(d) theaters;
(e) electronic game playing centers;
(f) adult entertainment centers;
(g) adult novelty stores;
(h) pawn shops;
(i) pool halls;
(j) tattoo parlors;
(k) schools
There was a motion by Commissioner Laughinghouse to amend the original motion to remove the deletion of Condition #7 and reinstate to read as follows: Developer shall dedicate right of way 60 feet from the centerline of SR 369. Motion to amend died due to lack of a second.
Original motion carried with four members in favor (Conway, Tam, Ledbetter and Richard) and one member in opposition (Laughinghouse).
Acceptance of Change Order with Townley Construction to add waterline on Sharon Circle
There was a motion by Commissioner Tam and a second by Commissioner Conway to accept the Change Order with Townley Construction to add waterline on Sharon Circle (addition of 1940 linear feet of 6” waterline and two hydrants and tying in all customers on Sharon Circle, total cost $87,620). Motion carried unanimously.
Approval of purchase of Pictometry Software
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to accept the recommendation of staff to award a contract for 2005 in an amount not to exceed $58,500 to Pictometry. Motion carried unanimously.
Approval of an annual contract for a period of one (1) year with an option to renew for two (2) years with Decatur Electronics for the purchase of In-car Camera Video Systems for the Sheriff’s Office (Bid #05-02-2210)
There was a motion by Commissioner Tam and a second by Commissioner Laughinghouse to approve the annual contract for a period of one (1 year) with an option to renew for two (2) years with Decatur Electronics for the purchase of In-car Camera Video Systems for the Sheriff’s Office (Bid #05-02-2210) in an amount not to exceed $93,510 as recommended by staff. Motion carried unanimously.
Appointment of member to the Planning Commission for District #4 (Mack Sheddan will resign effective at the close of the January 25, 2005 Planning Commission Meeting)
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to appoint Jim Custer as a member to the Planning Commission for District #4. Motion denied with two members in favor (Laughinghouse and Richard) and three members in opposition (Conway, Tam and Ledbetter).
Appointment/reappointment of member to the Parks & Recreation Board for District #4 (the term of Cindy J. Mills has expired)
There was a motion by Commissioner Richard and a second by Commissioner Tam to reappoint Cindy J. Mills as a member to the Parks & Recreation Board for District #4. Motion carried unanimously.
Appointment/reappointment of member to the Parks & Recreation Board for District #2 (the term of Mark Majors has expired)
There was a motion by Commissioner Tam and a second by Commissioner Conway to appoint John Godfrey as a member to the Parks & Recreation Board for District #2. Motion carried unanimously.
Approval of Parking Lot Lease Contract
There was a motion by Commissioner Tam and a second by Commissioner Conway to proceed with the drafting of the Parking Lot Lease Contract which will be brought back before the Board of Commissioners for final approval. Motion carried unanimously.
UNDER PUBLIC COMMENTS THE FOLLOWING PERSON ADDRESSED THE BOARD:
Glen Pruitt
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to reconsider New Business, Item #5 (Appointment of member to the Planning Commission for District #4).
There was a motion by Commissioner Ledbetter and a second by Commissioner Tam to adjourn. Motion carried with three members in favor (Conway, Tam and Ledbetter) and two members in opposition (Laughinghouse and Richard). NOTE: The motion to adjourn takes precedence over any motion on the floor.
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Clerk/Deputy Clerk of Commission
The above and foregoing Minutes are hereby certified as being correct and ordered
recorded.
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JACK CONWAY, CHAIRMAN
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BRIAN R. TAM, VICE CHAIRMAN
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LINDA K. LEDBETTER, SECRETARY
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CHARLES LAUGHINGHOUSE, MEMBER
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DAVID W. RICHARD, MEMBER
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