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FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING
April 27, 2004
(Part 2 of 2)
1. 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.
2. Any gravity sewer lines installed to serve this development will 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.
3. 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.
4. All improvements shall conform to Forsyth County Construction Standards and Specifications, latest edition.
5. Developer shall dedicate right of way thirty (30) feet from the centerline on Hubert Martin Road.
6. Developer shall construct a deceleration lane at proposed entrance and entrance shall be located from Hubert Martin Road right of way.
7. Developer shall construct improvements on Hubert Martin Road as required by Department of Engineering based on final configuration of site plan.
8. Development shall comply with Forsyth County Stormwater Design Manual, latest edition.
9. Show any flood plain on site plan. Elevations shall be established for all Zone “A” floodplain. There shall be no encroachment in flood plain except for perpendicular road crossings and utilities.
10. Show all State waters with thirty-five (35) foot undisturbed buffers on site plan. Stream buffer encroachments shall be permitted for perpendicular road and utility crossings only. Any other encroachment will require a variance from EPD.
11. All utilities must be underground.
12. There shall be no mass grading in the project.
13. There shall be a twenty-five (25) foot buffer and an additional twenty-five (25) foot building setback around the perimeter of the project. The buffer shall be undisturbed in any area that is visually impervious and shall be planted in any area that is not visually impervious. This planting will consist of evergreens with no more than twenty-five per cent (25%) of one variety. In any area where mature trees are located planting shall incorporate said trees. Suggested plantings shall be overseen by the County Arborist.
14. There shall be a fifty (50) foot undisturbed buffer measured from the top of the bank along all streams.
15. Exterior lighting fixtures shall be of the box type and situated so that light is directed only downward. Fixtures shall not be more than fifteen (15) 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.
16. There shall be a landscaped monument type sign, made of brick or stone, at the entrance of the development.
17. All houses shall have a minimum of 2,400 square feet of heated floor space exclusive of basements, garages, and porches.
18. Each unit shall have an enclosed two (2) car garage.
19. Membership in a homeowners association shall be required for the maintenance of the landscaped entrance area.
20. There shall be a six (6) foot wood privacy fence beginning at the western side of the entrance to the subdivision extending northward to the beginning of Lot #14 and extending westward to the intersection of Lots #14 and #15.
21. The entrance to the subject property must come off a County maintained road.
22. Final site plan to be approved by Forsyth County Commissioner, District #4.
VOTE: Unanimous
10. Nicholson Ventures, LLC ZA #2885 Commission District #4
This request involves rezoning 97.012 acres from an Agricultural (A1) Use District to a Single Family Residential Two (2) Units Per Acre (RES-2) Use District to allow the proposed use/development of single family residential on this property. This property is located approximately 8.0 miles north of Cumming on the north side of Nicholson Road approximately 9000 feet northwest of the intersection with Mt. Tabor Road. There was a motion by Michael Gravitt and a second by Pam Livesay to open the Public Hearing. Motion carried unanimously. There was one (1) person present at the Public Hearing held on April 27, 2004 speaking in opposition to this request. There was a motion by Michael Gravitt and a second by Mack Sheddan to close the Public Hearing. Motion carried unanimously. There was a motion by Mack Sheddan and a second by Pete Amos to send this request to the Board of Commissioners with a recommendation of APPROVAL FROM A1 TO RES-2 WITH THE FOLLOWING CONDITIONS:
1. 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.
2. Any gravity sewer lines installed to serve this development will 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.
3. 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.
4. All improvements shall conform to Forsyth County Construction Standards and Specifications, latest edition.
5. Developer shall dedicate right of way necessary to construct required improvements on Nicholson Road.
6. Developer shall construct a deceleration lane at proposed entrance on Nicholson Road.
7. Developer shall construct improvements on Nicholson Road as required by Department of Engineering based on final configuration of site plan.
8. Development shall comply with Forsyth County Stormwater Design Manual, latest edition.
9. Show any flood plain on site plan. Elevations shall be established for all Zone “A” floodplain. There shall be no encroachment in flood plain except for perpendicular road crossings and utilities.
10. Show all State waters with thirty-five (35) foot undisturbed buffers on site plan. Stream buffer encroachments shall be permitted for perpendicular road and utility crossings only. Any other encroachment will require a variance from EPD.
11. All utilities must be underground.
12. There shall be no mass grading of the project.
13. There shall be a twenty-five (25) foot buffer and an additional twenty-five (25) foot building setback around the perimeter of the project. Any planting will consist of evergreens with no more than twenty-five per cent (25%) of one variety. In any area where mature trees are located planting shall incorporate said trees. Suggested plantings shall be overseen by the County Arborist.
14. There shall be a fifty (50) foot undisturbed buffer measured from the top of the bank along all streams.
15. Exterior lighting fixtures shall be of the box type and situated so that light is directed only downward. Fixtures shall not be more than fifteen (15) 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.
16. There shall be a landscaped monument type sign, made of brick or stone, at the entrance of the development.
17. All houses shall have a minimum of 1,800 square feet of heated floor space exclusive of basements, garages, and porches.
18. Each unit shall have an enclosed two (2) car garage.
19. There shall be an amenities package located in the interior of the property consisting of one (1) pool, two (2) tennis courts and a gazebo.
20. Membership in a homeowners association shall be required for the maintenance of the landscaped entrance area.
21. 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 or other techniques to provide a more pleasing appearance to the subdivision.
22. The developer shall upgrade Nicholson Road to Forsyth County standards to twenty (20) feet wide across the entire frontage of the property line of the subject property.
23. The developer and Matthew Posten will meet and work out their mutual fence problem before the Board of Commissioners meeting.
24. Final site plan to be approved by Forsyth County Commissioner, District #4.
VOTE: Unanimous
11. Echols Highway 20 Development, Inc. ZA #2889 Commission District #5
This request involves rezoning 5.794 acres from an Agricultural (A1) Use District to a Single Family Residential Four (4) Units Per Acre (RES4) Use District with a Variance to minimum density requirements to allow the proposed use/development of single family residential on this property. This property is located approximately 2.5 miles southeast of Cumming on the southwest side of Echols Drive approximately 800 feet southeast of the intersection with Echols Road. There was a motion by Michael Gravitt and a second by Pam Livesay to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on April 27, 2004 speaking in opposition to this request. There was a motion by Michael Gravitt and a second by Pam Livesay to close the Public Hearing. Motion carried unanimously. There was a motion by Chuck Perry and a second by Michael Gravitt to send this request to the Board of Commissioners with a recommendation of APPROVAL FROM A1 TO RES-4 WITH A VARIANCE TO MINIMUM DENSITY REQUIREMENTS WITH THE FOLLOWING CONDITIONS:
1. All improvements shall conform to Forsyth County Construction Standards and Specifications, latest edition.
2. Developer shall dedicate right of way one-hundred (100) feet from the centerline on SR 20 and thirty (30) feet from the centerline on Echols Drive.
3. Developer shall construct a deceleration lane on SR 20 at proposed entrance.
4. Developer shall construct improvements on SR 20 as required by Department of Engineering and/or Georgia DOT based on final configuration of site plan.
5. Development shall comply with Forsyth County Stormwater Design Manual, latest edition.
6. Show any flood plain on site plan. Elevations shall be established for all Zone “A” floodplain. There shall be no encroachment in flood plain except as approved by Department of Engineering.
7. Houses shall contain no less than 1,800 square feet of heated floor space.
8. Exterior lighting fixtures shall be situated so that light is directed downward and inward. The fixtures shall not be closer than five (5) feet of the perimeter of the parking lots. The fixtures shall be so as to minimize light spillage to adjacent properties.
9. All houses must have a two (2) car enclosed garage.
10. All utilities shall be underground.
11. There shall be no construction work permitted on Sunday.
VOTE: Four (4) Ayes and One (1) Nay (Pam Livesay)
12. Robert Pilcher ZA #2890 Commission District #4
This request involves rezoning 3.614 acres from Agricultural (A1) and Commercial Business (CBD) Use Districts to a Commercial Business (CBD) Use District to allow the proposed use/development of a metal building on this property. This property is located approximately 5.5 miles north of Cumming on the north side of Matt Highway (SR 369) approximately 250 feet southwest of the intersection with Sexton Road. There was a motion by Michael Gravitt and a second by Pam Livesay to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on April 27, 2004 speaking in opposition to this request. There was a motion by Michael Gravitt and a second by Pam Livesay to close the Public Hearing. Motion carried unanimously. There was a motion by Mack Sheddan and a second by Pam Livesay to send this request to the Board of Commissioners with a recommendation of APPROVAL FROM A1 & CBD 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 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.
2. Any gravity sewer lines installed to serve this development will 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.
3. 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.
4. All improvements shall conform to Forsyth County Construction Standards and Specifications, latest edition.
5. Developer shall dedicate right of way sixty (60) feet from the centerline on SR 369.
6. Developer shall construct a deceleration lane at proposed entrance on SR 369.
7. Developer shall construct improvements on SR 369 as required by Department of Engineering and/or Georgia DOT based on final configuration of site plan.
8. Development shall comply with Forsyth County Stormwater Design Manual, latest edition.
9. Show any flood plain on site plan. Elevations shall be established for all Zone “A” floodplain. There shall be no encroachment in flood plain except as approved by the Department of Engineering.
10. Show all State waters with thirty-five (35) foot undisturbed buffers on site plan. Stream buffer encroachments shall be permitted for perpendicular road and utility crossings only. Any other encroachment will require a variance from EPD.
11. All utilities must be underground.
12. There shall be no mass grading in the project.
13. There shall be a fifty (50) foot buffer along the eastern perimeter of the project. The buffer shall be undisturbed in any area that is visually impervious and shall be planted in any area that is not visually impervious. This planting will consist of evergreens with no more than twenty-five per cent (25%) of one variety. In any area where mature trees are located planting shall incorporate said trees. Suggested plantings shall be overseen by the County Arborist.
14. There shall be a fifty (50) foot buffer landscaped to Forsyth County standards along Stage Route 369.
15. There shall be a fifty (50) foot undisturbed buffer measured from the top of the bank along all streams.
16. Exterior lighting fixtures shall be of the box type and situated so that light is directed only downward. Fixtures shall not be closer to the adjoining properties than within five (5) feet of the perimeter of parking lots. Fixtures shall no be 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.
17. There will be no billboards or signs on poles. All signs will be monument type not to exceed ten (10) feet in height.
18. Garbage dumpsters shall be enclosed and gated. All pickup shall be between 6:00 a.m. and 9:00 p.m., Monday through Saturday.
19. The following uses shall not be permitted on subject property:
1. 24 hour businesses
2. Bars, lounges, or nightclubs
3. Hotels or motels
4. Theaters
5. Electronic game playing centers
6. Adult entertainment centers
7. Adult novelty stores
8. Pawn shops
9. Pool halls
10. Tattoo parlors
11. Schools
20. Prior to any construction permits being issued a final site plan shall be submitted to the Forsyth County Commissioner, District 4 for approval. The final site plan shall show the type of types of businesses proposed, hours of operation, landscaping, building exterior finish descriptions with colors, and any other items deemed appropriate by the Commissioner. Final site plan shall include architectural renderings of anything other than a mini-warehouse.
VOTE: Unanimous
13. ABG Development, LLC ZA #2891 Commission District #3
This request involves rezoning 27.148 acres from an Agricultural (A1) Use District to a Single Family Residential Three (3) Units Per Acre (RES-3) Use District to allow the proposed use/development of single family residential on this property. This property is located approximately 3.5 miles west of Cumming in the northwest corner of Pittman Road and Post Road. There was a motion by Michael Gravitt and a second by Chuck Perry to open the Public Hearing. Motion carried unanimously. There were two (2) persons present at the Public Hearing held on April 27, 2004 speaking in opposition to this request. There was a motion by Chuck Perry and a second by Pam Livesay to close the Public Hearing. Motion carried unanimously. There was a motion by Pete Amos and a second by Mack Sheddan to send this request to the Board of Commissioners with a recommendation of APPROVAL FROM A1 TO RES-3 WITH THE FOLLOWING CONDITIONS:
1. 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.
2. Any gravity sewer lines installed to serve this development will 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.
3. 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.
4. The developer must submit a master water and sewer plan to the Forsyth County Department of Water & Sewer, which must be approved by same, prior to approval of a land disturbance permit.
5. All improvements shall conform to Forsyth County Construction Standards and Specifications, latest edition.
6. Developer shall dedicate right of way fifty (50) feet from the centerline on SR 371 and forty (40) feet from the centerline on Pittman Road.
7. Developer shall construct a deceleration lane at proposed entrance on SR 371.
8. Developer shall construct improvements on SR 371 as required by Department of Engineering and/or Georgia DOT based on final configuration of site plan.
9. Development shall comply with Forsyth County Stormwater Design Manual, latest edition.
10. Show any flood plain on site plan. Elevations shall be established for all Zone “A” floodplain. There shall be no encroachment in flood plain except as approved by the Department of Engineering.
11. Show all State waters with thirty-five (35) foot undisturbed buffers on site plan. 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 provide a stormwater study demonstrating that the proposed on-site detention will adequately control runoff so that the proposed development will not increase the current downstream flooding in the Polo Fields development. Provided the study supports it, a retention pond will be located at the lowest point on the property on the southeast corner of the property at Pittman Road. The rate of flow of runoff will be no less than five to ten percent (5% to 10%) above and beyond the additional ten percent (10%) of what Forsyth County mandates based on final outcome of the stormwater study by BC Engineering.
13. Sidewalks will be provided within the subdivision.
14. Project will be served by Forsyth County sewer service.
15. The minimum square footage shall be 2,000 square feet, exclusive of garages and basements.
16. Exterior lighting fixtures shall be situated so that light is directed downward. The fixtures shall be designed so as to minimize light spillage to adjacent properties.
17. 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. The home fronts shall consist of a variety of materials such as brick, stone, stucco, and wood shakes. No vinyl siding.
18. A community building shall be provided for the residents.
19. Exterior buffer shall be landscaped and a four (4) rail wooden fence will be placed along Post and Pittman Roads with stacked-stone posts dispersed intermittently along the fence line.
20. A seventy-five (75) foot undisturbed buffer shall be provided along the common boundary of the subject property and Tax Map and Parcel #058-260.
21. An undisturbed buffer not less than fifty (50) feet shall be provided along the common boundary of the subject property and Tax Map and Parcel #057-028.
22. An undisturbed buffer shall be increased from fifty (50) feet to a maximum of seventy-five (75) feet or to the rear setback line of each lot, whichever is less.
23. The developer shall install a six (6) foot high dark green vinyl coated chain link fence along the appropriate boundary of Tax Maps and Parcels #057-028 and #058-260. However, the fence may be setback or located off the property line where required to avoid a protected creek area or to save mature trees. In addition, a twenty-five (25) feet of fence adjacent to Pittman Road shall be dark green vinyl coated chain link fence with landscaping along the last two (2) sections.
24. There will be no more than seventy-three (73) lots in the subdivision. Seventy-one (71) building lots plus a community building that will be on the remaining two (2) lots in the subdivision.
25. Mr. Lipscomb shall meet with Mr. Terry Barrett and Mr. Thomas Terry to address their concerns.
VOTE: Unanimous
UNDER ADJOURNMENT
There was a motion by Michael Gravitt to adjourn the meeting. Pam Livesay seconded the motion and it carried unanimously.
Adopted May 25, 2004
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Pete Amos, Chairman
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Pam Livesay, Vice-Chairperson
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Michael Gravitt, Secretary
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Charles (Chuck) Perry, Member
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Mack Sheddan, Member
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