Meetings

Adopted Board of Commissioners meeting minutes in a searchable format are available through the MCCi Online Library (click here for link).

Board of Commissioners 2017 Meeting Schedule (click here for link). 

Archived meeting videos can be viewed online (click here for link).

Thursday, February 2, 2017 5:00 PM

Board of Commissioners - Regular Meeting/Public Hearings

Location

Administration Building
110 E Main Street
Cumming, GA 30040

Meeting Video

   BOOKMARKS
07:40
Announcements and Reports
15:40
Public Comments
25:00
Adoption of Minutes
25:10
Consent Agenda
25:30
Capital Improvement Element Amendment
28:12
Park and Rec Impact Fee Ordinance
32:02
UDC Modifications for places of worship
39:55
Consideration of Amendment to Forsyth Alcohol Ordinance Number 68
43:25
Proposed revisions to Chapter 50 of the Code of Ordinances, sections 50-6 and 50-7
49:50
Consideration of Extension until June 2, 2017 of moratorium adopted on January 10, 2017 on acceptance of applications to the CR2, RES3, and MPD zoning
58:40
VA150027- AZ160018- Request by Christopher Light on behalf of McGinnis Ferry Owner, LLC to amend zoning conditions
01:08:35
AZ160025- request by Emory Lipscomb on behalf of LIDL US Operations, Inc. to amend zoning conditions placed on ZA3444
01:21:01
AZ160026- CMCR Investments, LLC to amend zoning conditions placed on ZA3390
01:25:44
request by Kenneth A. Wright to amend zoning conditions placed on ZA2147 (Atlantic Gulf Communities Corporation)- AZ160028
01:31:35
Consideration of county-initiated rezoning of 8.206 acres from A1 to RES3 and a variance of 25 ft to the Stream Buffer
01:42:45
Consideration of a county-initiated rezoning to rezone 61.998 acres from A1 and RES6 to RES6 and a variance of 25 ft. to the Stream Buffer
02:08:45
Rescission of ZA3768, a December 15, 2016 Board approval of a zoning of property from CBD and A1 to MPD.
02:46:27
Public Comments
02:56:50
Request by the Forsyth County BOC to amend zoning conditions placed on ZA3370 (Wellstone, LLC) - AZ160024
03:06:37
AZ160023- Board consideration request by Josh Scoggins on behalf of Beazer Homes, LLC to amend zoning conditions placed on ZA3270 (Ruby Forrest, Inc.
03:08:28
Consideration of a Resolution establishing the scope of authority of proposed Forsyth County Citizen Advocates
03:10:55
Administrative Hearing in reference to a violation of the Forsyth County Alcohol Ordinance for GBB Forsyth SGS, LLC. d/b/a Grub Burger Bar

Documents

PUBLIC NOTICE

 

The Forsyth County Board of Commissioners will hold their Regular Meeting/Public Hearings on Thursday, February 2, 2017 @ 5:00 p.m. in the Commissioners’ Meeting Room, Suite 220 in the Forsyth County Administration Building located @ 110 East Main Street, Cumming, Georgia 30040. 

 

All interested persons are encouraged to attend.

 

Forsyth County is committed to providing all persons with equal access to its services, programs, activities, education and employment regardless of race, color, national origin, religion, sex, familial status, disability or age. Persons with special needs relating to handicapped accessibility or foreign language may contact the Title VI Coordinator at 770-781-2101 a minimum of 48 hours prior to the meeting date/time. The Title VI Coordinator is located at 110 East Main Street, Suite 255, Cumming, Georgia between the hours of 8:30 AM and 5 PM, Monday through Friday, except holidays. Persons with hearing disabilities can contact us using the Georgia Relay Service, at (TDD) 1-800-255-0056 or (Voice) 1-800-255-0135, and asking to connect to 770-781-2101. 

 

 

Doug Derrer

County Manager

01/23/17

 

 

AGENDA

FORSYTH COUNTY BOARD OF COMMISSIONERS

THURSDAY, FEBRUARY 2, 2017 @ 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)        A Public Hearing regarding an Alcohol License to sell Malt Beverage (Beer) and Wine for Consumption on the Premises for Maki Sushi, LLC (AL160720) was postponed to the February 2nd agenda.  However, the Public Hearing will not be held this evening due to the required legal advertisement not being published.

 

V.        Public Comments

 

VI.       Adoption of Minutes:

 

(1)        Regular Meeting/Public Hearing of January 19, 2017

 

(2)        Work Session and Executive Session of January 24, 2017

 

VII.      Consent Agenda:

 

(1)          Adoption of Resolution authorizing an Affidavit concerning the Executive Session of January 24, 2017

 

(2)          Adoption of Proclamation proclaiming February 15, 2017 as Plastic Pollution Awareness Day in Forsyth County – Commissioner Mills

 

(3)          Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Lake Laurel Drive, Laurel Lake Pointe and all other dedicated property and property rights as shown on subdivision plat for Lakeview at Laurel Springs recorded in Plat Book 163, Pages 170-181, Forsyth County, Georgia Records – District #2 – Director of Engineering

 

(4)          Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Tobiano Trail, Sorrel Walk, Roan Run, Sabino Bend and all other dedicated property and property rights as shown on subdivision plat for Castleberry Heights, Phase 2A recorded in Plat Book 163, Pages 157-169, Forsyth County, Georgie Records – District #3 – Director of Engineering

 

 

 

 

(5)          Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Dahlia Drive, Geranium Lane and all other dedicated property and property rights as shown on subdivision plat for The Landing at Kelly Mill, Phase 2, recorded in Plat Book 163, Pages 196-216 – District #3 – Director of Engineering

 

(6)          Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Old Camp Landing, Summerdown Court and all other dedicated property and property rights as shown on subdivision plat for West Oaks, Phase 2D, recorded in Plat Book 163, Pages 219-224, Forsyth County, Georgia Records – District #3 – Director of Engineering

 

(7)          Acceptance of Purchasing Card and Credit Card User Agreements for the following elected officials: (Procurement Director)

 

·         Ron Freeman – Sheriff

·         Lauren McDonald – Coroner

·         Laura Semanson – Commissioner

·         Rick Swope - Commissioner

 

(8)          Board ratification of the following items that were discussed and unanimously voted on at a Work Session held on January 24, 2017:

 

(A)       Board approval of FY2017 Budget Amendment for 5% merit increase for County and Library personnel – Budget Manager

 

(B)       Board approval to award RFP 16-141-3150 for providing Environmental Monitoring and Watershed Support Services to Jacobs Engineering Group, Inc. in the amount of $295,286.00 – Procurement Director

 

(C)       Board approval of Task Order Amendment with Brown and Caldwell for additional engineering services for the Jot’em Down Booster Pump Station and water main improvements – Procurement Director

 

(D)       Board approval of Task Order with Brown and Caldwell for Engineering Services for a new Water Storage Tank – Procurement Director

 

(E)       Board approval of the 2017 Utilities Protection Center, Inc. Agreement in the amount of $56,115.47 – Procurement Director

 

(F)       Board approval of the purchase and installation of WAIS Communications Equipment for the E-911 Emergency Communications Trailers through JPS Interoperability Solutions for the E-911 Center in an amount not to exceed $68,431.25 – Procurement Director

 

(G)       Board approval to renew the following agreements for calendar year 2017: (Procurement Director)

 

·         Parker Traffic Markings, Inc.

·         TMDE Calibration Labs, Inc.

·         Atlantic Coast Consulting

·         Universal Engineering Science

·         CityScape Consultants, Inc.

·         Wolverton & Associates

·         United Consulting

·         Mill Creek Environmental, LLC

·         VSC Fire & Security

·         Swiftreach Networks, Inc.

·         Piedmont Geotechnical

·         Janus Title Works, Inc.

·         ESG Operations

·         Latham Home Sanitation

·         Banks Septic

·         Penn Credit Corporation

·         Southwest Call Center

·         Townley Construction

·         TY Lin International

·         Steve Piefke & Assoc., Inc.

·         Martin Contracting

·         CH2M Hill

·         Greg Malcom & Associates

·         Bluegrass Materials

·         Constantine Engineering

·         Scoreboard Services

·         R. E. Appraisals Group

·         Blount Construction

·         Spanglish Bilingual Agency, Inc.

·         Law Enforcement Supply

·         J & T Smith, Inc.

·         Russell Phillips & Associates

·         Martin Robins Fence Co., Inc.

·         Moreland Altobelli Associates

·         TriScapes, Inc.

·         West Georgia Lighting

·         Brown & Caldwell

·         Pond & Company

·         Summers Roofing Co., Inc.

·         Frazier Appraisal Services

·         DSI Medical Services, Inc.

·         South Eastern Road Treatment

·         Teca American S.E., LLC

·         Hayes James & Associates

·         LMI Systems Inc.

·         Imperial Landscape Design, Inc.

·         Black & Veatch

 

(H)       Board approval of a proposed Access Agreement between Forsyth County and Eagle Point Landfill, LLC – Deputy County Manager

 

 

 

(I)         Board approval to advertise for Public Hearings for citizen input regarding proposed sun-setting language to the UDC and proposed options in the UDC regarding LLC/corporation (applicant) disclosure affidavits in the rezoning/land use process as presented by the County Attorney – Levent/Semanson

 

(J)        Board ratification of threat of condemnation letter involving Jot-Em-Down property acquisition – County Attorney

 

(K)       Board approval to proceed with a county-initiated rezoning to remove the condition regarding a minimum 10,000 sq.ft. lots with respect to REO Funding Solution, II, LLC for the Lakes at Franklin Goldmine, Phase 2 for 111 lots – Amos/Levent

 

(L)        Board approval to move the February 7th Special Called Meeting to February 2, 2017 @ 10:30 a.m. – County Attorney

 

(M)       Board approval to start the process to modify the UDC to terminate/remove the Subarea Planning Commission – County Attorney

 

(N)       Board approval to authorize the County Attorney’s Office to terminate the contracts for properties located at 7505 Stripland and 7425 Browns Bridge Road and to release the due diligence documents – County Attorney                                                                                                                           

 

(O)       Board approval of a request by Emory Lipscomb on behalf of Lennar Georgia, Inc. to amend zoning conditions and the Master Planned District placed on ZA3008 (Homecraft Design, LLC) – District #4 - with a variance to the UDC, Section 20B-2.2 (AZ160010) reducing the percentage of commercial to 0%, as follows: (Director of Planning & Community Development)

 

·         Modify Condition #4 to read:  Only those retaining walls visible from the street shall be constructed of architectural masonry.

 

·         Modify Condition #7 to read:  Every townhouse unit shall have a two-car garage and separate driveway, with the driveway of a length such as will permit two vehicles parked side by side in the driveway with no portion of the vehicles protruding into the street.

 

·         Modify Condition #9 to read:  Setbacks shall be measured from the foundations in accordance with the distances shown in the MPD book. Decks and patios shall conform to the Forsyth County standards.

 

·         Modify Condition #17 to read:  Developer shall construct a deceleration lane on Namon Wallace Road at Neisler Road. Developer shall grant a temporary easement to permit the advertisement of the collective sale of properties by the James A. Neisler Estate, Kim Heard, Stacey and Jonathan Holbrook, Chris Rollins and Christy Rollins until the closing of the properties. Upon the collective properties being developed, a temporary easement for a directional/marketing sign will be granted to the future owner until the development is built out. These conditions notwithstanding, the County is not authorized to and may not enforce any particular message that is displayed within the easements referenced above.

 

·         Modify Condition #18 to read:  Developer shall upgrade, overlay and construct a cul-de-sac at the end of Neisler Road, at the point where the County right-of-way ends at the eastern boundary of developer’s property. Developer shall provide two 12 foot wide curb cuts for the Holbrook and Heard property and one 20 foot wide curb cut at the end of Neisler Road.

 

·         Modify Condition #20 to read:  There shall be no subdivision access to Neisler Road unless curb and gutter is installed within the community. The existing Neisler Road right-of-way within the community shall be swapped for the new right-of-way as shown on the approved site plan dated 9/19/2016. Neisler Road will not have any stop signs or speed breakers on it other than the stop sign at its intersection with Namon Wallace. Lots 45, 46, 47, 48 and 49 of the Developer’s Subdivision adjacent to Neisler Road shall have a ten foot (10’) wide landscape buffer planted to the buffer standards in the Forsyth County Unified Development Code. There shall be no more than 8 lots that will have driveways off Neisler Road, as per the approved site plan dated 9/19/2016.

 

·         Delete Condition #21 in its entirety.

 

·         Modify Condition #26 to read:  In the Villages, homes shall have not less than 1800 sq. ft. of heated floor space for attached homes. In Parkside, which will be age-targeted, homes will be single-family and have not less than 2200 sq. ft., exclusive of garages, basements and porches of heated floor space. In The Manor homes will be single-family homes and have not less than 2500 sq. ft., exclusive of garages, basements and porches. All other requirements are as described in MPD book page 14, with exception of square footages, as set forth in this condition.

 

·         Modify Condition #29 to read:  (Residential) Exterior lighting poles 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 long the boundary of the property.

 

·         Modify Condition #32 to read:  Membership in homeowners association shall be required for the maintenance of the landscaped entrance areas, open space, parks, trails and the amenity area. Adjacent properties outside of the subdivision shall not be a part of the homeowners association.

 

·         Modify Condition #36 to read:  For single-family detached units, street facing garages should be recessed or even with the primary front façade (not including porches, bay windows, or other minor projections).  In no case shall street facing garages extend more than with (8) feet beyond the primary front façade (not including porches, bay windows, or other minor projections), except for corner lots.

·         Delete Condition #37 in its entirety.

 

·         Modify Condition #38 to read:  All garages and exterior finishes shall be described and depicted in the MPD book, page 14.

 

·         Modify Condition #41 to read:  There shall be an amenities area consisting of a swimming pool, tennis courts and club house.

 

·         Modify Condition #43 to read:  Along the common boundary with Heardmont there shall be a 50’ landscaped buffer, this buffer is to have a berm and to be planted.  Any utility crossing of this 50’ buffer shall be replanted as allowed by such utility.

 

·         Modify Condition #46 to read:  A 6 foot wooden opaque fence shall be installed along the properties common property line with Heardmont subdivision except hog wire fence shall be installed along Lot 12 common property line to the north line of Land Lot 387, there shall be no fencing in the stream buffer.

 

·         Modify Condition #47 to read:  With the exception of stream crossings, all walking paths shall be set back a minimum of twenty-five (25) feet from the top of the bank of any state water.  Disturbance for walking paths shall be limited to clearing of minor underbrush or as determined by Engineering staff.

 

·         Modify Condition #50 to read:  The residential portion of the property shall be limited to 123 single family detached homes and 88 townhomes

 

·         Delete Zoning Condition designated with an asterisk which reads:  Approving the site plan dated 3/31/08 showing setback from right-of-way of five (5) feet for single family homes alley entry and five (5) feet for attached townhomes alley entry.

 

·         Add Condition #51 to read:  There shall be a 10’ wide paved sidewalk system as shown on the site plan approved by the Board of Commissioners dated 9/19/2016.  At the request of the Board of Commissioners, the sidewalk system shall be accessible to a Public Greenway System if and when Forsyth County brings such Greenway System to a point adjacent to the sidewalk system for the subject property.

 

·         Add Condition #52 to read:  The design of all improvements within the development with frontage along Hwy 369, to include that first row or section of residential units/homes that directly abut the commercial along Hwy 369 or Bannister, shall conform to those overlay requirements and design standards mandated by the Coal Mountain Overlay.  If the developer’s LDP application is ready for submission prior to implementation of the Overlay, the developer agrees to ensure improvements along Hwy 369, to include that first row or section of residential units/homes that directly abut the commercial along Hwy 369 or Bannister, shall contain design features consistent with the Coal Mountain Overlay with the district commissioner having final approval of same.

        

VIII.     Capital Improvement Element Amendment:

 

(1)       Board consideration and approval of a Resolution to adopt an amended Capital Improvement Element – County Attorney

 

IX.       Public Hearings:

 

(1)        Public Hearing and consideration of a consolidated Forsyth County Impact Fee Ordinance to include the proposed Park and Recreation Impact Fee Ordinance amendment consolidated and combined with the previously approved April 7, 2016 Impact Fee Ordinance – County Attorney

            (Public Hearings were held 10/06/16, 11/03/16 and 01/05/17).

 

(2)        Public Hearing and consideration of proposed Unified Development Code (UDC) modifications for churches (places of Worship) updated in Chapters 3, 11, 12, 14, 15, 16, 17, 20, 20b, 21 – Director of Planning & Community Development

(Public Hearing was previously held 12/01/16).

 

(3)        Public Hearing and consideration of an amendment to the Forsyth County Alcohol Ordinance Number 68 (Chapter 6 of the Code of Forsyth County, Georgia) concerning proposed revisions that will provide that violations of those regulations concerning non-traditional tobacco paraphernalia shall serve as grounds for imposing penalties, to include alcohol license revocation – County Attorney

 

(4)        Public hearing and consideration of proposed revisions to Chapter 50 of the Code of Ordinances (“Offenses and Miscellaneous Provisions”), Sections 50-6 and 50-7, to regulate the sale of non-traditional tobacco paraphernalia, e-cigarettes, and alternative nicotine products; to provide for further licensing and screening requirements for the sale of non-traditional tobacco paraphernalia; to provide for additional licensing requirements for the sale of non-traditional tobacco paraphernalia and to provide for licensing requirements for the sale of alternative nicotine products; to provide for signage requirements relating to the sale of alternative nicotine products; to provide for limitations on the sale of non-traditional tobacco paraphernalia and alternative nicotine products in premises that are in or within 100 yards of any church building or in or within 200 yards of any school building, educational building, school grounds, or college campus; to provide for severability; to repeal conflicting ordinances; and for other purposes - County Attorney.

            (Public Hearings were previously held 11/03/16, 12/01/16 and 01/05/17).

 

(5)        Public Hearing and consideration of possible extension, until June 2, 2017, of the moratorium adopted on January 10, 2017, on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD zoning districts – County Attorney

 

(6)        Public Hearing and consideration of request by Christopher Light on behalf of McGinnis Ferry Owner, LLC to amend zoning conditions placed on VA150027 – AZ160018 – District #2 – Director of Planning & Community Development

            (Postponed from 12/01/16 and 01/05/17 Agendas).

 

(7)          Public Hearing and consideration of request by Josh Scoggins on behalf of FrontDoor Communities, LLC to amend the existing Master Planned District zoning in accordance with the site plan and Master Plan Book filed on December 9, 2016 and approved with ZA3411 (Paces Battle Properties, LLC) – AZ160022 – District #3 – Director of Planning & Community Development

(Postponed from 01/05/17 Agenda).

 

(8)          Public Hearing and consideration of request by Emory Lipscomb on behalf of LIDL US Operations, Inc. to amend zoning conditions placed on ZA3444 (The Harold E. Crye Living Trust) and a variance to the UDC, Table 12.2 – AZ160025 – District #5 – Director of Planning & Community Development

 

(9)          Public Hearing and consideration of request by CMCR Investments, LLC to amend zoning conditions placed on ZA3390 (CMCR Investments, LLC) – AZ160026 – District #3 – Director of Planning & Community Development

 

(10)        Public Hearing and consideration of request by Ethan Underwood on behalf of Furkids, Inc. to amend zoning conditions placed on CP040065 (Small Dog Rescue & Humane Society, Inc.) – AZ160027 – District #2 – Director of Planning & Community Development

 

(11)        Public Hearing and consideration of request by Kenneth A. Wright to amend zoning conditions placed on ZA2147 (Atlantic Gulf Communities Corporation) – AZ160028 – District #5 – Director of Planning & Community Development

 

(12)        Public Hearing and consideration of a county-initiated rezoning to rezone 8.206 acres from A1 to RES3 and a variance of 25 feet to the Stream Buffer (UDC, Section 18-11.2(B)) – ZA3843 – District #4 – Director of Planning & Community Development

 

(13)        Public Hearing and consideration of a county-initiated rezoning to rezone 61.998 acres from A1 and RES6 to RES6 and a variance of 25 feet to the Stream Buffer (UDC, Section 18-11.2(B)) – ZA3845 – District #4 – Director of Planning & Community Development

 

(14)      Public Hearing and consideration of proposed Board rescission of ZA3768, a December 15, 2016 Board approval of a zoning of property from Commercial Business District (CBD) and Agricultural District (A1 to Master Planned District (MPD).  If rescission of the prior zoning approval does occur, the Board will immediately take up ZA3768 for further action – Chairman Levent

 

X.      Public Comments

 

 

 

 

XI.     Old Business:

 

(1)          Further consideration of ZA3768, if the motion to rescind in Public Hearing #14 is successful – Chairman Levent

 

(2)          Public Hearing and consideration of a County-initiated request by the Forsyth County Board of Commissioners to amend zoning conditions placed on ZA3370 (Wellstone, LLC) – AZ160024 – District #5 – Director of Planning & Community Development

(Public Hearing was held 01/05/17.  Decision was postponed to 02/02/17).

           

(3)          Board consideration of request by Josh Scoggins on behalf of Beazer Homes, LLC to amend zoning conditions placed on ZA3270 (Ruby Forrest, Inc.) – AZ160023 – District #3 – Director of Planning & Community Development

(Public Hearing was held 01/05/17. Decision was postponed from 01/19/17 Agenda).

 

XII.    New Business:

 

(1)          Board consideration of a Resolution establishing the scope of authority of the proposed position of Forsyth County Citizen Advocates – County Attorney

(Due to a 3-2 vote at the 01/24/17 Work Session, this item has been placed on the Agenda as New Business).

 

XIlI.    Administrative Hearing:

 

(1)          Administrative Hearing in reference to a violation of the Forsyth County Alcohol Ordinance for GBB Forsyth SGS, LLC d/b/a Grub Burger Bar located @ 410 Peachtree Parkway, Suite 204, Cumming, Georgia – Named Licensee is Curt Steinlage – District #2 – Director of Planning & Community Development

 

XIV.   Recess Regular Meeting

 

XV.    Executive Session (if needed)

 

XVI.   Adjournment

Members Present:

Todd Levent, Chairman; Rick Swope, Vice Chairman; Laura Semanson, Secretary; Ralph J. Amos, Member; Cindy J. Mills, Member

MEETING SUMMARY

AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, FEBRUARY 2, 2017 @ 5:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
CUMMING, GEORGIA 30040

I. Call Meeting to Order
Called to Order @ 5:01 p.m.

II. Invocation and Pledge of Allegiance
Rabbi Levi Mentz, Beth Israel, gave the Invocation and led the Pledge of Allegiance.

III. Adoption of Agenda
The Board voted unanimously to adopt the Agenda as amended:

• Postponed Public Hearing #7 to 03/02/17
• Postponed Public Hearing #10 to 03/02/17

IV. Announcements and Reports:

(1) A Public Hearing regarding an Alcohol License to sell Malt Beverage (Beer) and Wine for Consumption on the Premises for Maki Sushi, LLC (AL160720) was postponed to the February 2nd agenda. However, the Public Hearing will not be held this evening due to the required legal advertisement not being published.

(2) Commissioner Mills read into the record a Proclamation proclaiming February 15th as Plastic Pollution Awareness Day in Forsyth County. The Board of Commissioners presented the Proclamation to Hannah Testa, who then addressed the Board.

V. Public Comments
Two (2) speakers.

VI. Adoption of Minutes:

(1) Regular Meeting/Public Hearing of January 19, 2017
The Board voted unanimously to adopt the minutes.

(2) Work Session and Executive Session of January 24, 2017
The Board voted unanimously to adopt the minutes.

VII. Consent Agenda:

The Board voted unanimously to adopt the Consent Agenda.

(1) Adoption of Resolution authorizing an Affidavit concerning the Executive Session of January 24, 2017

(2) Adoption of Proclamation proclaiming February 15, 2017 as Plastic Pollution Awareness Day in Forsyth County – Commissioner Mills

(3) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Lake Laurel Drive, Laurel Lake Pointe and all other dedicated property and property rights as shown on subdivision plat for Lakeview at Laurel Springs recorded in Plat Book 163, Pages 170-181, Forsyth County, Georgia Records – District #2 – Director of Engineering

(4) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Tobiano Trail, Sorrel Walk, Roan Run, Sabino Bend and all other dedicated property and property rights as shown on subdivision plat for Castleberry Heights, Phase 2A recorded in Plat Book 163, Pages 157-169, Forsyth County, Georgie Records – District #3 – Director of Engineering

(5) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Dahlia Drive, Geranium Lane and all other dedicated property and property rights as shown on subdivision plat for The Landing at Kelly Mill, Phase 2, recorded in Plat Book 163, Pages 196-216 – District #3 – Director of Engineering

(6) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Old Camp Landing, Summerdown Court and all other dedicated property and property rights as shown on subdivision plat for West Oaks, Phase 2D, recorded in Plat Book 163, Pages 219-224, Forsyth County, Georgia Records – District #3 – Director of Engineering

(7) Acceptance of Purchasing Card and Credit Card User Agreements for the following elected officials: (Procurement Director)

• Ron Freeman – Sheriff
• Lauren McDonald – Coroner
• Laura Semanson – Commissioner
• Rick Swope - Commissioner

(8) Board ratification of the following items that were discussed and unanimously voted on at a Work Session held on January 24, 2017:

(A) Board approval of FY2017 Budget Amendment for 5% merit increase for County and Library personnel – Budget Manager

(B) Board approval to award RFP 16-141-3150 for providing Environmental Monitoring and Watershed Support Services to Jacobs Engineering Group, Inc. in the amount of $295,286.00 – Procurement Director

(C) Board approval of Task Order Amendment with Brown and Caldwell for additional engineering services for the Jot’em Down Booster Pump Station and water main improvements – Procurement Director

(D) Board approval of Task Order with Brown and Caldwell for Engineering Services for a new Water Storage Tank – Procurement Director

(E) Board approval of the 2017 Utilities Protection Center, Inc. Agreement in the amount of $56,115.47 – Procurement Director

(F) Board approval of the purchase and installation of WAIS Communications Equipment for the E-911 Emergency Communications Trailers through JPS Interoperability Solutions for the E-911 Center in an amount not to exceed $68,431.25 – Procurement Director

(G) Board approval to renew the following agreements for calendar year 2017: (Procurement Director)

• Parker Traffic Markings, Inc.
• TMDE Calibration Labs, Inc.
• Atlantic Coast Consulting
• Universal Engineering Science
• CityScape Consultants, Inc.
• Wolverton & Associates
• United Consulting
• Mill Creek Environmental, LLC
• VSC Fire & Security
• Swiftreach Networks, Inc.
• Piedmont Geotechnical
• Janus Title Works, Inc.
• ESG Operations
• Latham Home Sanitation
• Banks Septic
• Penn Credit Corporation
• Southwest Call Center
• Townley Construction
• TY Lin International
• Steve Piefke & Assoc., Inc.
• Martin Contracting
• CH2M Hill
• Greg Malcom & Associates
• Bluegrass Materials
• Constantine Engineering
• Scoreboard Services
• R. E. Appraisals Group
• Blount Construction
• Spanglish Bilingual Agency, Inc.
• Law Enforcement Supply
• J & T Smith, Inc.
• Russell Phillips & Associates
• Martin Robins Fence Co., Inc.
• Moreland Altobelli Associates
• TriScapes, Inc.
• West Georgia Lighting
• Brown & Caldwell
• Pond & Company
• Summers Roofing Co., Inc.
• Frazier Appraisal Services
• DSI Medical Services, Inc.
• South Eastern Road Treatment
• Teca American S.E., LLC
• Hayes James & Associates
• LMI Systems Inc.
• Imperial Landscape Design, Inc.
• Black & Veatch

(H) Board approval of a proposed Access Agreement between Forsyth County and Eagle Point Landfill, LLC – Deputy County Manager

(I) Board approval to advertise for Public Hearings for citizen input regarding proposed sun-setting language to the UDC and proposed options in the UDC regarding LLC/corporation (applicant) disclosure affidavits in the rezoning/land use process as presented by the County Attorney – Levent/Semanson

(J) Board ratification of threat of condemnation letter involving Jot-Em-Down property acquisition – County Attorney

(K) Board approval to proceed with a county-initiated rezoning to remove the condition regarding a minimum 10,000 sq.ft. lots with respect to REO Funding Solution, II, LLC for the Lakes at Franklin Goldmine, Phase 2 for 111 lots – Amos/Levent

(L) Board approval to move the February 7th Special Called Meeting to February 2, 2017 @ 10:30 a.m. – County Attorney

(M) Board approval to start the process to modify the UDC to terminate/remove the Subarea Planning Commission – County Attorney

(N) Board approval to authorize the County Attorney’s Office to terminate the contracts for properties located at 7505 Stripland and 7425 Browns Bridge Road and to release the due diligence documents – County Attorney

(O) Board approval of a request by Emory Lipscomb on behalf of Lennar Georgia, Inc. to amend zoning conditions and the Master Planned District placed on ZA3008 (Homecraft Design, LLC) – District #4 - with a variance to the UDC, Section 20B-2.2 (AZ160010) reducing the percentage of commercial to 0%, as follows: (Director of Planning & Community Development)

• Modify Condition #4 to read: Only those retaining walls visible from the street shall be constructed of architectural masonry.

• Modify Condition #7 to read: Every townhouse unit shall have a two-car garage and separate driveway, with the driveway of a length such as will permit two vehicles parked side by side in the driveway with no portion of the vehicles protruding into the street.

• Modify Condition #9 to read: Setbacks shall be measured from the foundations in accordance with the distances shown in the MPD book. Decks and patios shall conform to the Forsyth County standards.

• Modify Condition #17 to read: Developer shall construct a deceleration lane on Namon Wallace Road at Neisler Road. Developer shall grant a temporary easement to permit the advertisement of the collective sale of properties by the James A. Neisler Estate, Kim Heard, Stacey and Jonathan Holbrook, Chris Rollins and Christy Rollins until the closing of the properties. Upon the collective properties being developed, a temporary easement for a directional/marketing sign will be granted to the future owner until the development is built out. These conditions notwithstanding, the County is not authorized to and may not enforce any particular message that is displayed within the easements referenced above.

• Modify Condition #18 to read: Developer shall upgrade, overlay and construct a cul-de-sac at the end of Neisler Road, at the point where the County right-of-way ends at the eastern boundary of developer’s property. Developer shall provide two 12 foot wide curb cuts for the Holbrook and Heard property and one 20 foot wide curb cut at the end of Neisler Road.

• Modify Condition #20 to read: There shall be no subdivision access to Neisler Road unless curb and gutter is installed within the community. The existing Neisler Road right-of-way within the community shall be swapped for the new right-of-way as shown on the approved site plan dated 9/19/2016. Neisler Road will not have any stop signs or speed breakers on it other than the stop sign at its intersection with Namon Wallace. Lots 45, 46, 47, 48 and 49 of the Developer’s Subdivision adjacent to Neisler Road shall have a ten foot (10’) wide landscape buffer planted to the buffer standards in the Forsyth County Unified Development Code. There shall be no more than 8 lots that will have driveways off Neisler Road, as per the approved site plan dated 9/19/2016.

• Delete Condition #21 in its entirety.

• Modify Condition #26 to read: In the Villages, homes shall have not less than 1800 sq. ft. of heated floor space for attached homes. In Parkside, which will be age-targeted, homes will be single-family and have not less than 2200 sq. ft., exclusive of garages, basements and porches of heated floor space. In The Manor homes will be single-family homes and have not less than 2500 sq. ft., exclusive of garages, basements and porches. All other requirements are as described in MPD book page 14, with exception of square footages, as set forth in this condition.

• Modify Condition #29 to read: (Residential) Exterior lighting poles 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 long the boundary of the property.

• Modify Condition #32 to read: Membership in homeowners association shall be required for the maintenance of the landscaped entrance areas, open space, parks, trails and the amenity area. Adjacent properties outside of the subdivision shall not be a part of the homeowners association.

• Modify Condition #36 to read: For single-family detached units, street facing garages should be recessed or even with the primary front façade (not including porches, bay windows, or other minor projections). In no case shall street facing garages extend more than with (8) feet beyond the primary front façade (not including porches, bay windows, or other minor projections), except for corner lots.

• Delete Condition #37 in its entirety.

• Modify Condition #38 to read: All garages and exterior finishes shall be described and depicted in the MPD book, page 14.

• Modify Condition #41 to read: There shall be an amenities area consisting of a swimming pool, tennis courts and club house.

• Modify Condition #43 to read: Along the common boundary with Heardmont there shall be a 50’ landscaped buffer, this buffer is to have a berm and to be planted. Any utility crossing of this 50’ buffer shall be replanted as allowed by such utility.

• Modify Condition #46 to read: A 6 foot wooden opaque fence shall be installed along the properties common property line with Heardmont subdivision except hog wire fence shall be installed along Lot 12 common property line to the north line of Land Lot 387, there shall be no fencing in the stream buffer.

• Modify Condition #47 to read: With the exception of stream crossings, all walking paths shall be set back a minimum of twenty-five (25) feet from the top of the bank of any state water. Disturbance for walking paths shall be limited to clearing of minor underbrush or as determined by Engineering staff.

• Modify Condition #50 to read: The residential portion of the property shall be limited to 123 single family detached homes and 88 townhomes


• Delete Zoning Condition designated with an asterisk which reads: Approving the site plan dated 3/31/08 showing setback from right-of-way of five (5) feet for single family homes alley entry and five (5) feet for attached townhomes alley entry.

• Add Condition #51 to read: There shall be a 10’ wide paved sidewalk system as shown on the site plan approved by the Board of Commissioners dated 9/19/2016. At the request of the Board of Commissioners, the sidewalk system shall be accessible to a Public Greenway System if and when Forsyth County brings such Greenway System to a point adjacent to the sidewalk system for the subject property.

• Add Condition #52 to read: The design of all improvements within the development with frontage along Hwy 369, to include that first row or section of residential units/homes that directly abut the commercial along Hwy 369 or Bannister, shall conform to those overlay requirements and design standards mandated by the Coal Mountain Overlay. If the developer’s LDP application is ready for submission prior to implementation of the Overlay, the developer agrees to ensure improvements along Hwy 369, to include that first row or section of residential units/homes that directly abut the commercial along Hwy 369 or Bannister, shall contain design features consistent with the Coal Mountain Overlay with the district commissioner having final approval of same.

VIII. Capital Improvement Element Amendment:

(1) Board consideration and approval of a Resolution to adopt an amended Capital Improvement Element – County Attorney
Note: Commissioner Amos was recused from this item.
The Board voted 4-0-1 (Commissioner Amos recused) to adopt the Resolution as presented by the County Attorney and as shown in the agenda books.

IX. Public Hearings:

(1) Public Hearing and consideration of a consolidated Forsyth County Impact Fee Ordinance to include the proposed Park and Recreation Impact Fee Ordinance amendment consolidated and combined with the previously approved April 7, 2016 Impact Fee Ordinance – County Attorney
(Public Hearings were held 10/06/16, 11/03/16 and 01/05/17).
Note: Commissioner Amos was recused from this item.
The Public Hearing was held. The Board voted 4-0-1 (Commissioner Amos recused) to adopt the Resolution to amend the Code of Forsyth County (Chapter 47 - Impact Fees) as presented in the Agenda Books.

(2) Public Hearing and consideration of proposed Unified Development Code (UDC) modifications for churches (places of Worship) updated in Chapters 3, 11, 12, 14, 15, 16, 17, 20, 20b, 21 – Director of Planning & Community Development
(Public Hearing was previously held 12/01/16).
The Public Hearing was held. The Board voted unanimously to approve the proposed changes as stated by the Planning staff.
(3) Public Hearing and consideration of an amendment to the Forsyth County Alcohol Ordinance Number 68 (Chapter 6 of the Code of Forsyth County, Georgia) concerning proposed revisions that will provide that violations of those regulations concerning non-traditional tobacco paraphernalia shall serve as grounds for imposing penalties, to include alcohol license revocation – County Attorney
The Public Hearing was held. A second Public Hearing will be held 03/02/17. No action was taken.

(4) Public hearing and consideration of proposed revisions to Chapter 50 of the Code of Ordinances (“Offenses and Miscellaneous Provisions”), Sections 50-6 and 50-7, to regulate the sale of non-traditional tobacco paraphernalia, e-cigarettes, and alternative nicotine products; to provide for further licensing and screening requirements for the sale of non-traditional tobacco paraphernalia; to provide for additional licensing requirements for the sale of non-traditional tobacco paraphernalia and to provide for licensing requirements for the sale of alternative nicotine products; to provide for signage requirements relating to the sale of alternative nicotine products; to provide for limitations on the sale of non-traditional tobacco paraphernalia and alternative nicotine products in premises that are in or within 100 yards of any church building or in or within 200 yards of any school building, educational building, school grounds, or college campus; to provide for severability; to repeal conflicting ordinances; and for other purposes - County Attorney.
(Public Hearings were previously held 11/03/16, 12/01/16 and 01/05/17).
The Public Hearing was held. The Board voted unanimously to adopt the Resolution as presented by Counsel and as shown in the Agenda Books.

(5) Public Hearing and consideration of possible extension, until June 2, 2017, of the moratorium adopted on January 10, 2017, on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD zoning districts – County Attorney
The Public Hearing was held. The Board voted unanimously to adopt a Resolution as presented in the Agenda Books.

(6) Public Hearing and consideration of request by Christopher Light on behalf of McGinnis Ferry Owner, LLC to amend zoning conditions placed on VA150027 – AZ160018 – District #2 – Director of Planning & Community Development
(Postponed from 12/01/16 and 01/05/17 Agendas).
The Public Hearing was held. The Board voted unanimously to approve with the conditions as displayed.

(7) Public Hearing and consideration of request by Josh Scoggins on behalf of FrontDoor Communities, LLC to amend the existing Master Planned District zoning in accordance with the site plan and Master Plan Book filed on December 9, 2016 and approved with ZA3411 (Paces Battle Properties, LLC) – AZ160022 – District #3 – Director of Planning & Community Development
(Postponed from 01/05/17 Agenda).
Postponed to 03/02/17.

(8) Public Hearing and consideration of request by Emory Lipscomb on behalf of LIDL US Operations, Inc. to amend zoning conditions placed on ZA3444 (The Harold E. Crye Living Trust) and a variance to the UDC, Table 12.2 – AZ160025 – District #5 – Director of Planning & Community Development
The Pubic Hearing was held. The Board voted unanimously to approve with the conditions as shown and amended by Counsel by adding language to Condition #10 stating “Condition #9 notwithstanding”.

(9) Public Hearing and consideration of request by CMCR Investments, LLC to amend zoning conditions placed on ZA3390 (CMCR Investments, LLC) – AZ160026 – District #3 – Director of Planning & Community Development
The Public Hearing was held. The Board voted unanimously to approve with the conditions as displayed.

(10) Public Hearing and consideration of request by Ethan Underwood on behalf of Furkids, Inc. to amend zoning conditions placed on CP040065 (Small Dog Rescue & Humane Society, Inc.) – AZ160027 – District #2 – Director of Planning & Community Development
Postponed to 03/02/17.

(11) Public Hearing and consideration of request by Kenneth A. Wright to amend zoning conditions placed on ZA2147 (Atlantic Gulf Communities Corporation) – AZ160028 – District #5 – Director of Planning & Community Development
The Public Hearing was held. The Board voted unanimously to approve with the variance as shown.

(12) Public Hearing and consideration of a county-initiated rezoning to rezone 8.206 acres from A1 to RES3 and a variance of 25 feet to the Stream Buffer (UDC, Section 18-11.2(B)) – ZA3843 – District #4 – Director of Planning & Community Development
The Public Hearing was held. The Board voted unanimously to approve with the conditions as shown and with the variance and taking out any reference to golf carts.

(13) Public Hearing and consideration of a county-initiated rezoning to rezone 61.998 acres from A1 and RES6 to RES6 and a variance of 25 feet to the Stream Buffer (UDC, Section 18-11.2(B)) – ZA3845 – District #4 – Director of Planning & Community Development
The Public Hearing was held. The Board voted unanimously to approve with the conditions as shown and with the variance and taking out any reference to golf carts.

(14) Public Hearing and consideration of proposed Board rescission of ZA3768, a December 15, 2016 Board approval of a zoning of property from Commercial Business District (CBD) and Agricultural District (A1 to Master Planned District (MPD). If rescission of the prior zoning approval does occur, the Board will immediately take up ZA3768 for further action – Chairman Levent
The Public Hearing was held. The Board voted 3-2 (Commissioners Amos and Semanson opposed) to not rescind ZA3768.

X. Public Comments
Three (3) speakers.

XI. Old Business:

(1) Further consideration of ZA3768, if the motion to rescind in Public Hearing #14 is successful – Chairman Levent
No action taken, based upon the outcome of Public Hearing 14.

(2) Public Hearing and consideration of a County-initiated request by the Forsyth County Board of Commissioners to amend zoning conditions placed on ZA3370 (Wellstone, LLC) – AZ160024 – District #5 – Director of Planning & Community Development
(Public Hearing was held 01/05/17. Decision was postponed to 02/02/17).
No Public Hearing was held as the required Public Hearing occurred January 5, 2017, and no Public Hearing was advertised for tonight’s meeting.
The Board voted unanimously to approve with the conditions as displayed.

(3) Board consideration of request by Josh Scoggins on behalf of Beazer Homes, LLC to amend zoning conditions placed on ZA3270 (Ruby Forrest, Inc.) – AZ160023 – District #3 – Director of Planning & Community Development
(Public Hearing was held 01/05/17. Decision was postponed from 01/19/17 Agenda).
The Board voted unanimously to approve with the conditions as displayed.

XII. New Business:

(1) Board consideration of a Resolution establishing the scope of authority of the proposed position of Forsyth County Citizen Advocates – County Attorney
(Due to a 3-2 vote at the 01/24/17 Work Session, this item has been placed on the Agenda as New Business).
The Board voted unanimously to adopt the resolution as discussed at the Work Session and as presented in the Agenda Books.

XIlI. Administrative Hearing:

(1) Administrative Hearing in reference to a violation of the Forsyth County Alcohol Ordinance for GBB Forsyth SGS, LLC d/b/a Grub Burger Bar located @ 410 Peachtree Parkway, Suite 204, Cumming, Georgia – Named Licensee is Curt Steinlage – District #2 – Director of Planning & Community Development
The Administrative Hearing was held. The Board voted unanimously to issue a warning letter and place a copy in the file.

XIV. Recess Regular Meeting

XV. Executive Session (if needed)

XVI. Adjournment
The Board voted unanimously to adjourn the meeting @ 8:19 p.m.

FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARINGS
FEBRUARY 2, 2017

On Thursday, February 2, 2017 at 5:01 p.m., in the Commissioners’ Meeting Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Regular Meeting/Public Hearings with the following persons present: Todd Levent – Chairman, Rick Swope – Vice Chairman, Laura Semanson – Secretary, Ralph J. Amos – Member, Cindy Jones Mills – Member, Doug Derrer – County Manager, Tim Merritt – Deputy County Manager, Ken Jarrard – County Attorney and Sonya Bush – Clerk.

AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, FEBRUARY 2, 2017 @ 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) A Public Hearing regarding an Alcohol License to sell Malt Beverage (Beer) and Wine for Consumption on the Premises for Maki Sushi, LLC (AL160720) was postponed to the February 2nd agenda. However, the Public Hearing will not be held this evening due to the required legal advertisement not being published.

V. Public Comments

VI. Adoption of Minutes:

(1) Regular Meeting/Public Hearing of January 19, 2017

(2) Work Session and Executive Session of January 24, 2017

VII. Consent Agenda:

(1) Adoption of Resolution authorizing an Affidavit concerning the Executive Session of January 24, 2017

(2) Adoption of Proclamation proclaiming February 15, 2017 as Plastic Pollution Awareness Day in Forsyth County – Commissioner Mills

(3) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Lake Laurel Drive, Laurel Lake Pointe and all other dedicated property and property rights as shown on subdivision plat for Lakeview at Laurel Springs recorded in Plat Book 163, Pages 170-181, Forsyth County, Georgia Records – District #2 – Director of Engineering

(4) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Tobiano Trail, Sorrel Walk, Roan Run, Sabino Bend and all other dedicated property and property rights as shown on subdivision plat for Castleberry Heights, Phase 2A recorded in Plat Book 163, Pages 157-169, Forsyth County, Georgie Records – District #3 – Director of Engineering

(5) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Dahlia Drive, Geranium Lane and all other dedicated property and property rights as shown on subdivision plat for The Landing at Kelly Mill, Phase 2, recorded in Plat Book 163, Pages 196-216 – District #3 – Director of Engineering

(6) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Old Camp Landing, Summerdown Court and all other dedicated property and property rights as shown on subdivision plat for West Oaks, Phase 2D, recorded in Plat Book 163, Pages 219-224, Forsyth County, Georgia Records – District #3 – Director of Engineering

(7) Acceptance of Purchasing Card and Credit Card User Agreements for the following elected officials: (Procurement Director)

• Ron Freeman – Sheriff
• Lauren McDonald – Coroner
• Laura Semanson – Commissioner
• Rick Swope - Commissioner

(8) Board ratification of the following items that were discussed and unanimously voted on at a Work Session held on January 24, 2017:

(A) Board approval of FY2017 Budget Amendment for 5% merit increase for County and Library personnel – Budget Manager

(B) Board approval to award RFP 16-141-3150 for providing Environmental Monitoring and Watershed Support Services to Jacobs Engineering Group, Inc. in the amount of $295,286.00 – Procurement Director

(C) Board approval of Task Order Amendment with Brown and Caldwell for additional engineering services for the Jot’em Down Booster Pump Station and water main improvements – Procurement Director

(D) Board approval of Task Order with Brown and Caldwell for Engineering Services for a new Water Storage Tank – Procurement Director

(E) Board approval of the 2017 Utilities Protection Center, Inc. Agreement in the amount of $56,115.47 – Procurement Director

(F) Board approval of the purchase and installation of WAIS Communications Equipment for the E-911 Emergency Communications Trailers through JPS Interoperability Solutions for the E-911 Center in an amount not to exceed $68,431.25 – Procurement Director

(G) Board approval to renew the following agreements for calendar year 2017: (Procurement Director)

• Parker Traffic Markings, Inc.
• TMDE Calibration Labs, Inc.
• Atlantic Coast Consulting
• Universal Engineering Science
• CityScape Consultants, Inc.
• Wolverton & Associates
• United Consulting
• Mill Creek Environmental, LLC
• VSC Fire & Security
• Swiftreach Networks, Inc.
• Piedmont Geotechnical
• Janus Title Works, Inc.
• ESG Operations
• Latham Home Sanitation
• Banks Septic
• Penn Credit Corporation
• Southwest Call Center
• Townley Construction
• TY Lin International
• Steve Piefke & Assoc., Inc.
• Martin Contracting
• CH2M Hill
• Greg Malcom & Associates
• Bluegrass Materials
• Constantine Engineering
• Scoreboard Services
• R. E. Appraisals Group
• Blount Construction
• Spanglish Bilingual Agency, Inc.
• Law Enforcement Supply
• J & T Smith, Inc.
• Russell Phillips & Associates
• Martin Robins Fence Co., Inc.
• Moreland Altobelli Associates
• TriScapes, Inc.
• West Georgia Lighting
• Brown & Caldwell
• Pond & Company
• Summers Roofing Co., Inc.
• Frazier Appraisal Services
• DSI Medical Services, Inc.
• South Eastern Road Treatment
• Teca American S.E., LLC
• Hayes James & Associates
• LMI Systems Inc.
• Imperial Landscape Design, Inc.
• Black & Veatch

(H) Board approval of a proposed Access Agreement between Forsyth County and Eagle Point Landfill, LLC – Deputy County Manager

(I) Board approval to advertise for Public Hearings for citizen input regarding proposed sun-setting language to the UDC and proposed options in the UDC regarding LLC/corporation (applicant) disclosure affidavits in the rezoning/land use process as presented by the County Attorney – Levent/Semanson

(J) Board ratification of threat of condemnation letter involving Jot-Em-Down property acquisition – County Attorney

(K) Board approval to proceed with a county-initiated rezoning to remove the condition regarding a minimum 10,000 sq.ft. lots with respect to REO Funding Solution, II, LLC for the Lakes at Franklin Goldmine, Phase 2 for 111 lots – Amos/Levent

(L) Board approval to move the February 7th Special Called Meeting to February 2, 2017 @ 10:30 a.m. – County Attorney

(M) Board approval to start the process to modify the UDC to terminate/remove the Subarea Planning Commission – County Attorney

(N) Board approval to authorize the County Attorney’s Office to terminate the contracts for properties located at 7505 Stripland and 7425 Browns Bridge Road and to release the due diligence documents – County Attorney

(O) Board approval of a request by Emory Lipscomb on behalf of Lennar Georgia, Inc. to amend zoning conditions and the Master Planned District placed on ZA3008 (Homecraft Design, LLC) – District #4 - with a variance to the UDC, Section 20B-2.2 (AZ160010) reducing the percentage of commercial to 0%, as follows: (Director of Planning & Community Development)

• Modify Condition #4 to read: Only those retaining walls visible from the street shall be constructed of architectural masonry.

• Modify Condition #7 to read: Every townhouse unit shall have a two-car garage and separate driveway, with the driveway of a length such as will permit two vehicles parked side by side in the driveway with no portion of the vehicles protruding into the street.

• Modify Condition #9 to read: Setbacks shall be measured from the foundations in accordance with the distances shown in the MPD book. Decks and patios shall conform to the Forsyth County standards.

• Modify Condition #17 to read: Developer shall construct a deceleration lane on Namon Wallace Road at Neisler Road. Developer shall grant a temporary easement to permit the advertisement of the collective sale of properties by the James A. Neisler Estate, Kim Heard, Stacey and Jonathan Holbrook, Chris Rollins and Christy Rollins until the closing of the properties. Upon the collective properties being developed, a temporary easement for a directional/marketing sign will be granted to the future owner until the development is built out. These conditions notwithstanding, the County is not authorized to and may not enforce any particular message that is displayed within the easements referenced above.

• Modify Condition #18 to read: Developer shall upgrade, overlay and construct a cul-de-sac at the end of Neisler Road, at the point where the County right-of-way ends at the eastern boundary of developer’s property. Developer shall provide two 12 foot wide curb cuts for the Holbrook and Heard property and one 20 foot wide curb cut at the end of Neisler Road.

• Modify Condition #20 to read: There shall be no subdivision access to Neisler Road unless curb and gutter is installed within the community. The existing Neisler Road right-of-way within the community shall be swapped for the new right-of-way as shown on the approved site plan dated 9/19/2016. Neisler Road will not have any stop signs or speed breakers on it other than the stop sign at its intersection with Namon Wallace. Lots 45, 46, 47, 48 and 49 of the Developer’s Subdivision adjacent to Neisler Road shall have a ten foot (10’) wide landscape buffer planted to the buffer standards in the Forsyth County Unified Development Code. There shall be no more than 8 lots that will have driveways off Neisler Road, as per the approved site plan dated 9/19/2016.

• Delete Condition #21 in its entirety.

• Modify Condition #26 to read: In the Villages, homes shall have not less than 1800 sq. ft. of heated floor space for attached homes. In Parkside, which will be age-targeted, homes will be single-family and have not less than 2200 sq. ft., exclusive of garages, basements and porches of heated floor space. In The Manor homes will be single-family homes and have not less than 2500 sq. ft., exclusive of garages, basements and porches. All other requirements are as described in MPD book page 14, with exception of square footages, as set forth in this condition.

• Modify Condition #29 to read: (Residential) Exterior lighting poles 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 long the boundary of the property.

• Modify Condition #32 to read: Membership in homeowners association shall be required for the maintenance of the landscaped entrance areas, open space, parks, trails and the amenity area. Adjacent properties outside of the subdivision shall not be a part of the homeowners association.

• Modify Condition #36 to read: For single-family detached units, street facing garages should be recessed or even with the primary front façade (not including porches, bay windows, or other minor projections). In no case shall street facing garages extend more than with (8) feet beyond the primary front

façade (not including porches, bay windows, or other minor projections), except for corner lots.

• Delete Condition #37 in its entirety.

• Modify Condition #38 to read: All garages and exterior finishes shall be described and depicted in the MPD book, page 14.

• Modify Condition #41 to read: There shall be an amenities area consisting of a swimming pool, tennis courts and club house.

• Modify Condition #43 to read: Along the common boundary with Heardmont there shall be a 50’ landscaped buffer, this buffer is to have a berm and to be planted. Any utility crossing of this 50’ buffer shall be replanted as allowed by such utility.

• Modify Condition #46 to read: A 6 foot wooden opaque fence shall be installed along the properties common property line with Heardmont subdivision except hog wire fence shall be installed along Lot 12 common property line to the north line of Land Lot 387, there shall be no fencing in the stream buffer.

• Modify Condition #47 to read: With the exception of stream crossings, all walking paths shall be set back a minimum of twenty-five (25) feet from the top of the bank of any state water. Disturbance for walking paths shall be limited to clearing of minor underbrush or as determined by Engineering staff.

• Modify Condition #50 to read: The residential portion of the property shall be limited to 123 single family detached homes and 88 townhomes.

• Delete Zoning Condition designated with an asterisk which reads: Approving the site plan dated 3/31/08 showing setback from right-of-way of five (5) feet for single family homes alley entry and five (5) feet for attached townhomes alley entry.

• Add Condition #51 to read: There shall be a 10’ wide paved sidewalk system as shown on the site plan approved by the Board of Commissioners dated 9/19/2016. At the request of the Board of Commissioners, the sidewalk system shall be accessible to a Public Greenway System if and when Forsyth County brings such Greenway System to a point adjacent to the sidewalk system for the subject property.

• Add Condition #52 to read: The design of all improvements within the development with frontage along Hwy 369, to include that first row or section of residential units/homes that directly abut the commercial along Hwy 369 or Bannister, shall conform to those overlay requirements and design standards mandated by the Coal Mountain Overlay. If the developer’s LDP application is ready for submission prior to implementation of the Overlay, the developer agrees to ensure improvements along Hwy 369, to include that first row or section of residential units/homes that directly abut the commercial along Hwy 369 or Bannister, shall contain design features consistent with the Coal Mountain Overlay with the district commissioner having final approval of same.

VIII. Capital Improvement Element Amendment:

(1) Board consideration and approval of a Resolution to adopt an amended Capital Improvement Element – County Attorney

IX. Public Hearings:

(1) Public Hearing and consideration of a consolidated Forsyth County Impact Fee Ordinance to include the proposed Park and Recreation Impact Fee Ordinance amendment consolidated and combined with the previously approved April 7, 2016 Impact Fee Ordinance – County Attorney
(Public Hearings were held 10/06/16, 11/03/16 and 01/05/17).

(2) Public Hearing and consideration of proposed Unified Development Code (UDC) modifications for churches (places of Worship) updated in Chapters 3, 11, 12, 14, 15, 16, 17, 20, 20b, 21 – Director of Planning & Community Development
(Public Hearing was previously held 12/01/16).

(3) Public Hearing and consideration of an amendment to the Forsyth County Alcohol Ordinance Number 68 (Chapter 6 of the Code of Forsyth County, Georgia) concerning proposed revisions that will provide that violations of those regulations concerning non-traditional tobacco paraphernalia shall serve as grounds for imposing penalties, to include alcohol license revocation – County Attorney

(4) Public hearing and consideration of proposed revisions to Chapter 50 of the Code of Ordinances (“Offenses and Miscellaneous Provisions”), Sections 50-6 and 50-7, to regulate the sale of non-traditional tobacco paraphernalia, e-cigarettes, and alternative nicotine products; to provide for further licensing and screening requirements for the sale of non-traditional tobacco paraphernalia; to provide for additional licensing requirements for the sale of non-traditional tobacco paraphernalia and to provide for licensing requirements for the sale of alternative nicotine products; to provide for signage requirements relating to the sale of alternative nicotine products; to provide for limitations on the sale of non-traditional tobacco paraphernalia and alternative nicotine products in premises that are in or within 100 yards of any church building or in or within 200 yards of any school building, educational building, school grounds, or college campus; to provide for severability; to repeal conflicting ordinances; and for other purposes - County Attorney.
(Public Hearings were previously held 11/03/16, 12/01/16 and 01/05/17).

(5) Public Hearing and consideration of possible extension, until June 2, 2017, of the moratorium adopted on January 10, 2017, on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD zoning districts – County Attorney

(6) Public Hearing and consideration of request by Christopher Light on behalf of McGinnis Ferry Owner, LLC to amend zoning conditions placed on VA150027 – AZ160018 – District #2 – Director of Planning & Community Development
(Postponed from 12/01/16 and 01/05/17 Agendas).

(7) Public Hearing and consideration of request by Josh Scoggins on behalf of FrontDoor Communities, LLC to amend the existing Master Planned District zoning in accordance with the site plan and Master Plan Book filed on December 9, 2016 and approved with ZA3411 (Paces Battle Properties, LLC) – AZ160022 – District #3 – Director of Planning & Community Development
(Postponed from 01/05/17 Agenda).

(8) Public Hearing and consideration of request by Emory Lipscomb on behalf of LIDL US Operations, Inc. to amend zoning conditions placed on ZA3444 (The Harold E. Crye Living Trust) and a variance to the UDC, Table 12.2 – AZ160025 – District #5 – Director of Planning & Community Development

(9) Public Hearing and consideration of request by CMCR Investments, LLC to amend zoning conditions placed on ZA3390 (CMCR Investments, LLC) – AZ160026 – District #3 – Director of Planning & Community Development

(10) Public Hearing and consideration of request by Ethan Underwood on behalf of Furkids, Inc. to amend zoning conditions placed on CP040065 (Small Dog Rescue & Humane Society, Inc.) – AZ160027 – District #2 – Director of Planning & Community Development

(11) Public Hearing and consideration of request by Kenneth A. Wright to amend zoning conditions placed on ZA2147 (Atlantic Gulf Communities Corporation) – AZ160028 – District #5 – Director of Planning & Community Development

(12) Public Hearing and consideration of a county-initiated rezoning to rezone 8.206 acres from A1 to RES3 and a variance of 25 feet to the Stream Buffer (UDC, Section 18-11.2(B)) – ZA3843 – District #4 – Director of Planning & Community Development

(13) Public Hearing and consideration of a county-initiated rezoning to rezone 61.998 acres from A1 and RES6 to RES6 and a variance of 25 feet to the Stream Buffer (UDC, Section 18-11.2(B)) – ZA3845 – District #4 – Director of Planning & Community Development

(14) Public Hearing and consideration of proposed Board rescission of ZA3768, a December 15, 2016 Board approval of a zoning of property from Commercial Business District (CBD) and Agricultural District (A1 to Master Planned District (MPD). If rescission of the prior zoning approval does occur, the Board will immediately take up ZA3768 for further action – Chairman Levent

X. Public Comments

XI. Old Business:

(1) Further consideration of ZA3768, if the motion to rescind in Public Hearing #14 is successful – Chairman Levent

(2) Public Hearing and consideration of a County-initiated request by the Forsyth County Board of Commissioners to amend zoning conditions placed on ZA3370 (Wellstone, LLC) – AZ160024 – District #5 – Director of Planning & Community Development
(Public Hearing was held 01/05/17. Decision was postponed to 02/02/17).

(3) Board consideration of request by Josh Scoggins on behalf of Beazer Homes, LLC to amend zoning conditions placed on ZA3270 (Ruby Forrest, Inc.) – AZ160023 – District #3 – Director of Planning & Community Development
(Public Hearing was held 01/05/17. Decision was postponed from 01/19/17 Agenda).

XII. New Business:

(1) Board consideration of a Resolution establishing the scope of authority of the proposed position of Forsyth County Citizen Advocates – County Attorney
(Due to a 3-2 vote at the 01/24/17 Work Session, this item has been placed on the Agenda as New Business).

XIlI. Administrative Hearing:

(1) Administrative Hearing in reference to a violation of the Forsyth County Alcohol Ordinance for GBB Forsyth SGS, LLC d/b/a Grub Burger Bar located @ 410 Peachtree Parkway, Suite 204, Cumming, Georgia – Named Licensee is Curt Steinlage – District #2 – Director of Planning & Community Development

XIV. Recess Regular Meeting

XV. Executive Session (if needed)

XVI. Adjournment


Chairman Levent recognized a quorum and called the meeting to order.

The Invocation and Pledge of Allegiance were led by Rabbi Levi Mentz, Beth Israel.

ADOPTION OF AGENDA

PUBLIC HEARINGS

There was a motion by Commissioner Swope and a second by Commissioner Levent to postpone Public Hearing, Item #10 (Public Hearing and consideration of request by Ethan Underwood on behalf of Furkids, Inc. to amend zoning conditions placed on CP040065 (Small Dog Rescue & Humane Society, Inc.) – AZ160027 – District #2) to the Regular Meeting/Public Hearings of March 2, 2017. Motion carried unanimously.

There was a motion by Commissioner Levent and a second by Commissioner Mills to postpone Public Hearing, Item #7 (Public Hearing and consideration of request by Josh Scoggins on behalf of FrontDoor Communities, LLC to amend the existing Master Planned District zoning in accordance with the site plan and Master Plan Book filed on December 9, 2016 and approved with ZA3411 (Paces Battle Properties, LLC) – AZ160022 – District #3) to the Regular Meeting/Public Hearings of March 2, 2017 at the request of the applicant. Motion carried unanimously.

There was a motion by Commissioner Mills and a second by Commissioner Swope to adopt the agenda as amended. Motion carried unanimously.

UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:

Jodi Gardner, Director of Communications, announced that a Public Hearing regarding an Alcohol License to sell Malt Beverage (Beer) and Wine for Consumption on the Premises for Maki Sushi, LLC (AL160720) was postponed to the February 2nd agenda. However, the Public Hearing will not be held this evening due to the required legal advertisement not being published. The Public Hearing will be held on Thursday, February 16, 2017 at 5:00 p.m.

Commissioner Mills read into the record a Proclamation proclaiming February 15, 2017 as Plastic Pollution Awareness Day in Forsyth County. The Board of Commissioners presented the Proclamation to Hannah Testa, who then addressed the Board.

UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:

Bill Gunby
Maryann Westfall

UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:

(1) Regular Meeting/Public Hearing of January 19, 2017

There was a motion by Commissioner Mills and a second by Commissioner Semanson to adopt the minutes of the Regular Meeting/Public Hearing of January 19, 2017. Motion carried unanimously.

(2) Work Session & Executive Session of January 24, 2017

There was a motion by Commissioner Mills and a second by Commissioner Semanson to adopt the minutes of the Work Session & Executive Session of January 24, 2017. Motion carried unanimously.

CONSENT AGENDA

There was a motion by Commissioner Mills and a second by Commissioner Semanson to approve the Consent Agenda as follows:

(1) Adoption of Resolution authorizing an Affidavit concerning the Executive Session of January 24, 2017

(2) Adoption of Proclamation proclaiming February 15, 2017 as Plastic Pollution Awareness Day in Forsyth County – Commissioner Mills

(3) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Lake Laurel Drive, Laurel Lake Pointe and all other dedicated property and property rights as shown on subdivision plat for Lakeview at Laurel Springs recorded in Plat Book 163, Pages 170-181, Forsyth County, Georgia Records – District #2 – Director of Engineering

(4) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Tobiano Trail, Sorrel Walk, Roan Run, Sabino Bend and all other dedicated property and property rights as shown on subdivision plat for Castleberry Heights, Phase 2A recorded in Plat Book 163, Pages 157-169, Forsyth County, Georgie Records – District #3 – Director of Engineering

(5) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Dahlia Drive, Geranium Lane and all other dedicated property and property rights as shown on subdivision plat for The Landing at Kelly Mill, Phase 2, recorded in Plat Book 163, Pages 196-216 – District #3 – Director of Engineering

(6) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Old Camp Landing, Summerdown Court and all other dedicated property and property rights as shown on subdivision plat for West Oaks, Phase 2D, recorded in Plat Book 163, Pages 219-224, Forsyth County, Georgia Records – District #3 – Director of Engineering

(7) Acceptance of Purchasing Card and Credit Card User Agreements for the following elected officials: (Procurement Director)

• Ron Freeman – Sheriff
• Lauren McDonald – Coroner
• Laura Semanson – Commissioner
• Rick Swope - Commissioner

(8) Board ratification of the following items that were discussed and unanimously voted on at a Work Session held on January 24, 2017:

(A) Board approval of FY2017 Budget Amendment for 5% merit increase for County and Library personnel – Budget Manager

(B) Board approval to award RFP 16-141-3150 for providing Environmental Monitoring and Watershed Support Services to Jacobs Engineering Group, Inc. in the amount of $295,286.00 – Procurement Director

(C) Board approval of Task Order Amendment with Brown and Caldwell for additional engineering services for the Jot’em Down Booster Pump Station and water main improvements – Procurement Director

(D) Board approval of Task Order with Brown and Caldwell for Engineering Services for a new Water Storage Tank – Procurement Director

(E) Board approval of the 2017 Utilities Protection Center, Inc. Agreement in the amount of $56,115.47 – Procurement Director

(F) Board approval of the purchase and installation of WAIS Communications Equipment for the E-911 Emergency Communications Trailers through JPS Interoperability Solutions for the E-911 Center in an amount not to exceed $68,431.25 – Procurement Director

(G) Board approval to renew the following agreements for calendar year 2017: (Procurement Director)

• Parker Traffic Markings, Inc.
• TMDE Calibration Labs, Inc.
• Atlantic Coast Consulting
• Universal Engineering Science
• CityScape Consultants, Inc.
• Wolverton & Associates
• United Consulting
• Mill Creek Environmental, LLC
• VSC Fire & Security
• Swiftreach Networks, Inc.
• Piedmont Geotechnical
• Janus Title Works, Inc.
• ESG Operations
• Latham Home Sanitation
• Banks Septic
• Penn Credit Corporation
• Southwest Call Center
• Townley Construction
• TY Lin International
• Steve Piefke & Assoc., Inc.
• Martin Contracting
• CH2M Hill
• Greg Malcom & Associates
• Bluegrass Materials
• Constantine Engineering
• Scoreboard Services
• R. E. Appraisals Group
• Blount Construction
• Spanglish Bilingual Agency, Inc.
• Law Enforcement Supply
• J & T Smith, Inc.
• Russell Phillips & Associates
• Martin Robins Fence Co., Inc.
• Moreland Altobelli Associates
• TriScapes, Inc.
• West Georgia Lighting
• Brown & Caldwell
• Pond & Company
• Summers Roofing Co., Inc.
• Frazier Appraisal Services
• DSI Medical Services, Inc.
• South Eastern Road Treatment
• Teca American S.E., LLC
• Hayes James & Associates
• LMI Systems Inc.
• Imperial Landscape Design, Inc.
• Black & Veatch

(H) Board approval of a proposed Access Agreement between Forsyth County and Eagle Point Landfill, LLC – Deputy County Manager

(I) Board approval to advertise for Public Hearings for citizen input regarding proposed sun-setting language to the UDC and proposed options in the UDC regarding LLC/corporation (applicant) disclosure affidavits in the rezoning/land use process as presented by the County Attorney – Levent/Semanson

(J) Board ratification of threat of condemnation letter involving Jot-Em-Down property acquisition – County Attorney

(K) Board approval to proceed with a county-initiated rezoning to remove the condition regarding a minimum 10,000 sq.ft. lots with respect to REO Funding Solution, II, LLC for the Lakes at Franklin Goldmine, Phase 2 for 111 lots – Amos/Levent

(L) Board approval to move the February 7th Special Called Meeting to February 2, 2017 @ 10:30 a.m. – County Attorney

(M) Board approval to start the process to modify the UDC to terminate/remove the Subarea Planning Commission – County Attorney

(N) Board approval to authorize the County Attorney’s Office to terminate the contracts for properties located at 7505 Stripland and 7425 Browns Bridge Road and to release the due diligence documents – County Attorney

(O) Board approval of a request by Emory Lipscomb on behalf of Lennar Georgia, Inc. to amend zoning conditions and the Master Planned District placed on ZA3008 (Homecraft Design, LLC) – District #4 - with a variance to the UDC, Section 20B-2.2 (AZ160010) reducing the percentage of commercial to 0%, as follows: (Director of Planning & Community Development)

• Modify Condition #4 to read: Only those retaining walls visible from the street shall be constructed of architectural masonry.

• Modify Condition #7 to read: Every townhouse unit shall have a two-car garage and separate driveway, with the driveway of a length such as will permit two vehicles parked side by side in the driveway with no portion of the vehicles protruding into the street.

• Modify Condition #9 to read: Setbacks shall be measured from the foundations in accordance with the distances shown in the MPD book. Decks and patios shall conform to the Forsyth County standards.

• Modify Condition #17 to read: Developer shall construct a deceleration lane on Namon Wallace Road at Neisler Road. Developer shall grant a temporary easement to permit the advertisement of the collective sale of properties by the James A. Neisler Estate, Kim Heard, Stacey and Jonathan Holbrook, Chris Rollins and Christy Rollins until the closing of the properties. Upon the collective properties being developed, a temporary easement for a directional/marketing sign will be granted to the future owner until the development is built out. These conditions notwithstanding, the County is not authorized to and may not enforce any particular message that is displayed within the easements referenced above.

• Modify Condition #18 to read: Developer shall upgrade, overlay and construct a cul-de-sac at the end of Neisler Road, at the point where the County right-of-way ends at the eastern boundary of developer’s property. Developer shall provide two 12 foot wide curb cuts for the Holbrook and Heard property and one 20 foot wide curb cut at the end of Neisler Road.

• Modify Condition #20 to read: There shall be no subdivision access to Neisler Road unless curb and gutter is installed within the community. The existing Neisler Road right-of-way within the community shall be swapped for the new right-of-way as shown on the approved site plan dated 9/19/2016. Neisler Road will not have any stop signs or speed breakers on it other than the stop sign at its intersection with Namon Wallace. Lots 45, 46, 47, 48 and 49 of the Developer’s Subdivision adjacent to Neisler Road shall have a ten foot (10’) wide landscape buffer planted to the buffer standards in the Forsyth County Unified Development Code. There shall be no more than 8 lots that will have driveways off Neisler Road, as per the approved site plan dated 9/19/2016.

• Delete Condition #21 in its entirety.

• Modify Condition #26 to read: In the Villages, homes shall have not less than 1800 sq. ft. of heated floor space for attached homes. In Parkside, which will be age-targeted, homes will be single-family and have not less than 2200 sq. ft., exclusive of garages, basements and porches of heated floor space. In The Manor homes will be single-family homes and have not less than 2500 sq. ft., exclusive of garages, basements and porches. All other requirements are as described in MPD book page 14, with exception of square footages, as set forth in this condition.

• Modify Condition #29 to read: (Residential) Exterior lighting poles 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 long the boundary of the property.

• Modify Condition #32 to read: Membership in homeowners association shall be required for the maintenance of the landscaped entrance areas, open space, parks, trails and the amenity area. Adjacent properties outside of the subdivision shall not be a part of the homeowners association.

• Modify Condition #36 to read: For single-family detached units, street facing garages should be recessed or even with the primary front façade (not including porches, bay windows, or other minor projections). In no case shall street facing garages extend more than with (8) feet beyond the primary front

façade (not including porches, bay windows, or other minor projections), except for corner lots.

• Delete Condition #37 in its entirety.

• Modify Condition #38 to read: All garages and exterior finishes shall be described and depicted in the MPD book, page 14.

• Modify Condition #41 to read: There shall be an amenities area consisting of a swimming pool, tennis courts and club house.

• Modify Condition #43 to read: Along the common boundary with Heardmont there shall be a 50’ landscaped buffer, this buffer is to have a berm and to be planted. Any utility crossing of this 50’ buffer shall be replanted as allowed by such utility.

• Modify Condition #46 to read: A 6 foot wooden opaque fence shall be installed along the properties common property line with Heardmont subdivision except hog wire fence shall be installed along Lot 12 common property line to the north line of Land Lot 387, there shall be no fencing in the stream buffer.

• Modify Condition #47 to read: With the exception of stream crossings, all walking paths shall be set back a minimum of twenty-five (25) feet from the top of the bank of any state water. Disturbance for walking paths shall be limited to clearing of minor underbrush or as determined by Engineering staff.

• Modify Condition #50 to read: The residential portion of the property shall be limited to 123 single family detached homes and 88 townhomes.

• Delete Zoning Condition designated with an asterisk which reads: Approving the site plan dated 3/31/08 showing setback from right-of-way of five (5) feet for single family homes alley entry and five (5) feet for attached townhomes alley entry.

• Add Condition #51 to read: There shall be a 10’ wide paved sidewalk system as shown on the site plan approved by the Board of Commissioners dated 9/19/2016. At the request of the Board of Commissioners, the sidewalk system shall be accessible to a Public Greenway System if and when Forsyth County brings such Greenway System to a point adjacent to the sidewalk system for the subject property.

• Add Condition #52 to read: The design of all improvements within the development with frontage along Hwy 369, to include that first row or section

of residential units/homes that directly abut the commercial along Hwy 369 or Bannister, shall conform to those overlay requirements and design standards mandated by the Coal Mountain Overlay. If the developer’s LDP application is ready for submission prior to implementation of the Overlay, the developer agrees to ensure improvements along Hwy 369, to include that first row or section of residential units/homes that directly abut the commercial along Hwy 369 or Bannister, shall contain design features consistent with the Coal Mountain Overlay with the district commissioner having final approval of same.

Motion carried unanimously.

UNDER CAPITAL IMPROVEMENT ELEMENT AMENDMENT THE FOLLOWING ACTIONS WERE TAKEN:

(1) Board consideration and approval of a Resolution to adopt an amended Capital Improvement Element

Commissioner Amos was recused from any discussion/vote on this item.

There was a motion by Commissioner Mills and a second by Commissioner Swope to approve the Resolution to adopt an amended Capital Improvement Element as presented by the County Attorney and as included in the agenda books. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member recused (Amos).

UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:

(1) Public Hearing and consideration of a consolidated Forsyth County Impact Fee Ordinance to include the proposed Park and Recreation Impact Fee Ordinance amendment consolidated and combined with the previously approved April 7, 2016 Impact Fee Ordinance

Commissioner Amos was recused from any discussion/vote on this item.

There was a motion by Commissioner Mills and a second by Commissioner Swope to open the Public Hearing. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member recused (Amos).

Speaking in favor:
Kirk Wintersteen

Speaking in opposition:
None

There was a motion by Commissioner Mills and a second by Commissioner Swope to close the Public Hearing. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member recused (Amos).

There was a motion by Commissioner Mills and a second by Commissioner Levent to adopt the Resolution to amend the Code of Forsyth County (Chapter 47 – Impact Fees) as presented in the agenda books. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member recused (Amos).

(2) Public Hearing and consideration of proposed Unified Development Code (UDC) modifications for churches (places of Worship) updated in Chapters 3, 11, 12, 14, 15, 16, 17, 20, 20b, 21

There was a motion by Commissioner Amos and a second by Commissioner Mills to open the Public Hearing. Motion carried unanimously.

Speaking in favor:
Robert Hoyt

Speaking in opposition:
None

There was a motion by Commissioner Mills and a second by Commissioner Semanson to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Amos and a second by Commissioner Semanson to approve the proposed Unified Development Code (UDC) modifications for churches (places of Worship) updated in Chapters 3, 11, 12, 14, 15, 16, 17, 20, 20b, 21 as presented by the staff of the Department of Planning & Community Development. Motion carried unanimously.

(3) Public Hearing and consideration of an amendment to the Forsyth County Alcohol Ordinance Number 68 (Chapter 6 of the Code of Forsyth County, Georgia) concerning proposed revisions that will provide that violations of those regulations concerning non-traditional tobacco paraphernalia shall serve as grounds for imposing penalties, to include alcohol license revocation

There was a motion by Commissioner Swope and a second by Commissioner Mills to open the Public Hearing. Motion carried unanimously.

No one spoke in favor or opposition.

There was a motion by Commissioner Swope and a second by Commissioner Mills to close the Public Hearing. Motion carried unanimously.

There was no action taken. An additional Public Hearing will be held on Thursday, March 2, 2017.

(4) Public hearing and consideration of proposed revisions to Chapter 50 of the Code of Ordinances (“Offenses and Miscellaneous Provisions”), Sections 50-6 and 50-7, to regulate the sale of non-traditional tobacco paraphernalia, e-cigarettes, and alternative nicotine products; to provide for further licensing and screening requirements for the sale of non-traditional tobacco paraphernalia; to provide for additional licensing requirements for the sale of non-traditional tobacco paraphernalia and to provide for licensing requirements for the sale of alternative nicotine products; to provide for signage requirements relating to the sale of alternative nicotine products; to provide for limitations on the sale of non-traditional tobacco paraphernalia and alternative nicotine products in premises that are in or within 100 yards of any church building or in or within 200 yards of any school building, educational building, school grounds, or college campus; to provide for severability; to repeal conflicting ordinances; and for other purposes

There was a motion by Commissioner Semanson and a second by Commissioner Mills to open the Public Hearing. Motion carried unanimously.

No one spoke in favor or opposition.

There was a motion by Commissioner Mills and a second by Commissioner Swope to close the Public Hearing. Motion carried unanimously.

The County Attorney requested that a news article titled “Vape Shop May Force Youth Center to Close” be placed into the record. A copy of the news article is on file in the minute folder.

There was a motion by Commissioner Mills and a second by Commissioner Swope to adopt the Resolution as presented by the County Attorney and as included in the agenda books. Motion carried unanimously.

(5) Public Hearing and consideration of possible extension, until June 2, 2017, of the moratorium adopted on January 10, 2017, on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD zoning districts

There was a motion by Commissioner Swope and a second by Commissioner Mills to open the Public Hearing. Motion carried unanimously.

Speaking in favor:
Kirk Wintersteen

Speaking in opposition:
None

There was a motion by Commissioner Mills and a second by Commissioner Semanson to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Semanson and a second by Commissioner Levent to adopt the Resolution of the Forsyth County Board of Commissioners extending until June 2, 2017, an existing moratorium on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD Districts as presented by the County Attorney and as included in the agenda books. Motion carried unanimously.

(6) Public Hearing and consideration of request by Christopher Light on behalf of McGinnis Ferry Owner, LLC to amend zoning conditions placed on VA150027 – AZ160018 – District #2

There was a motion by Commissioner Swope and a second by Commissioner Mills to open the Public Hearing. Motion carried unanimously.

Speaking in favor:
Christopher Light

Speaking in opposition:
None

There was a motion by Commissioner Semanson and a second by Commissioner Mills to close the Public Hearing. Motion carried unanimously.

Vice Chairman Swope stated, for the record, that the 8’ wall was agreed upon unless, for whatever reason, there is specific opposition by the WBCA (which they have agreed to the 6’ wall). Christopher Light responded that the WBCA had agreed to a 6’ wall and had submitted a letter to the Board. He feels he will need to submit another plan to them showing the 8’ wall. He requested that if the Board does pass this amendment that it be contingent upon approval by the WBCA of the 8’ wall.

There was a motion by Commissioner Swope and a second by Commissioner Semanson to approve the request by Christopher Light on behalf of McGinnis Ferry Owner, LLC to amend zoning conditions placed on VA150027 (AZ160018) as presented which reads as follows:

Modify Condition #1 to read: Outside storage of personal property is prohibited except for passenger vehicles, boats, and recreational vehicles, and then only if the property is gated and screened from view of the public right of way as depicted on Exhibit “A” and existing tree/landscape buffers are maintained around the perimeter of the property to minimize impact on adjacent properties. The storage of unregistered vehicles or unregistered boats, junk vehicles, construction vehicles and equipment, commercial trailers, and commercial vehicles with a Gross Vehicle Weight Rating exceeding 6,000 lbs., is prohibited.

Walls adjoining gates shall be eight (8) feet tall and shall be constructed of material to match that of the building.

Motion carried unanimously.

(7) Public Hearing and consideration of request by Josh Scoggins on behalf of FrontDoor Communities, LLC to amend the existing Master Planned District zoning in accordance with the site plan and Master Plan Book filed on December 9, 2016 and approved with ZA3411 (Paces Battle Properties, LLC) – AZ160022 – District #3 – Postponed to Regular Meeting/Public Hearings of March 2, 2017

(8) Public Hearing and consideration of request by Emory Lipscomb on behalf of LIDL US Operations, Inc. to amend zoning conditions placed on ZA3444 (The Harold E. Crye Living Trust) and a variance to the UDC, Table 12.2 – AZ160025 – District #5

There was a motion by Commissioner Semanson and a second by Commissioner Levent to open the Public Hearing. Motion carried unanimously.

Speaking in favor:
Emory Lipscomb – announced that the request for a variance had been withdrawn

Speaking in opposition:
None

There was a motion by Commissioner Semanson and a second by Commissioner Swope to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Semanson to approve the request by Emory Lipscomb on behalf of LIDL US Operations, Inc. to amend zoning conditions placed on ZA3444 (The Harold E. Crye Living Trust) – AZ160025 – as displayed (red-lined version). Motion was withdrawn.

Another version of the proposed conditions was displayed.

There was a motion by Commissioner Semanson and a second by Commissioner Amos to approve the request by Emory Lipscomb on behalf of LIDL US Operations, Inc. to amend zoning conditions placed on ZA3444 (The Harold E. Crye Living Trust) – AZ160025 – as displayed with the deletion of Condition #10. The conditions read as follows:

1. Developer shall dedicate right of way 75 feet from the centerline on SR 306 (Keith Bridge Road).
2. Developer shall construct improvements on S.R. 306 as required by Georgia DOT and/or Department of Engineering based on final configuration of site plan.
3. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.
4. Hours for garbage pick-up shall be limited to the hours between 7:00 a.m. and 9:00 p.m. Trucks shall turn off their engines during deliveries except for trucks with refrigeration units.
5. Hours of operation will be no earlier than 6:00 a.m. and no later than 12:00 p.m.
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) Theaters.
(e) Electronic game playing centers.
(f) Adult novelty stores.
(g) Adult entertainment centers.
(h) Pawn shops.
(i) Pool halls.
(j) Tattoo parlors.

7. Exterior building materials shall consist of a minimum of seventy-five (75%) percent per vertical wall pane of brick, natural or pre-cast stone, and/or glass. Accent wall materials shall not exceed twenty-five (25%) percent per vertical wall pane and shall include, but are not limited to, exterior finish insulation systems, stucco, and painted dimension wood.

8. Any signage installed on the subject property shall conform to the following:


(a) Freestanding sign structures and base materials for commercial establishments shall match the principal building material.
(b) Where there is more than one sign on a site, signs shall be complementary to each other in shape and related components and type of construction materials.
(c) Any exterior light source shall be completely shielded and directed solely on the sign and not upon any other object or adjacent properties.
(d) Wall mounted raceways shall be painted to match the adjoining wall surface.
(e) Tarps and/or Banner signs shall not be permitted.
(f) Electronic message boards and automated changeable copy signs are prohibited.
9. Developer shall have eighteen 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.
Motion and second were withdrawn.
There was a motion by Commissioner Semanson and a second by Commissioner Amos to approve the request by Emory Lipscomb on behalf of LIDL US Operations, Inc. to amend zoning conditions placed on ZA3444 (The Harold E. Crye Living Trust) – AZ160025 – as displayed and with a modification to Condition #10. The final conditions read as follows:

1. Developer shall dedicate right of way 75 feet from the centerline on SR 306 (Keith Bridge Road).

2. Developer shall construct improvements on S.R. 306 as required by Georgia DOT and/or Department of Engineering based on final configuration of site plan.

3. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.
4. Hours for garbage pick-up shall be limited to the hours between 7:00 a.m. and 9:00 p.m. Trucks shall turn off their engines during deliveries except for trucks with refrigeration units.
5. Hours of operation will be no earlier than 6:00 a.m. and no later than 12:00 p.m.
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) Theaters.
(e) Electronic game playing centers.
(f) Adult novelty stores.
(g) Adult entertainment centers.
(h) Pawn shops.
(i) Pool halls.
(j) Tattoo parlors.

7. Exterior building materials shall consist of a minimum of seventy-five (75%) percent per vertical wall pane of brick, natural or pre-cast stone, and/or glass. Accent wall materials shall not exceed twenty-five (25%) percent per vertical wall pane and shall include, but are not limited to, exterior finish insulation systems, stucco, and painted dimension wood.
8. Any signage installed on the subject property shall conform to the following:
(a) Freestanding sign structures and base materials for commercial establishments shall match the principal building material.
(b) Where there is more than one sign on a site, signs shall be complementary to each other in shape and related components and type of construction materials.
(c) Any exterior light source shall be completely shielded and directed solely on the sign and not upon any other object or adjacent properties.
(d) Wall mounted raceways shall be painted to match the adjoining wall surface.
(e) Tarps and/or Banner signs shall not be permitted.
(f) Electronic message boards and automated changeable copy signs are prohibited.

9. Developer shall have eighteen 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.
10. Condition #9 notwithstanding, the zoning conditions approved as a part of this Zoning Condition Amendment Application (AZ160025) shall control; however, where these conditions conflict with the Coal Mountain Overlay District, the Applicant shall make reasonable good faith efforts to adhere to the Coal Mountain Overlay District.
Motion carried unanimously.

(9) Public Hearing and consideration of request by CMCR Investments, LLC to amend zoning conditions placed on ZA3390 (CMCR Investments, LLC) – AZ160026 – District #3

There was a motion by Commissioner Swope and a second by Commissioner Levent to open the Public Hearing. Motion carried unanimously.

Speaking in favor:
Howard Carson

Speaking in opposition:
None

There was a motion by Commissioner Amos and a second by Commissioner Mills to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Levent and a second by Commissioner Swope to approve the request by CMCR Investments, LLC to amend zoning conditions placed on ZA3390 (CMCR Investments, LLC) – AZ160026 – as displayed which reads as follows:

Modify Condition #16 to read: The rear building setback for the north property line adjacent to Whittington shall be fifty (50’) feet, along that portion if the property to be developed as a storage facility.

Modify Condition #17 to read: Developer shall use its best efforts to minimize light spillage onto Whittington property, shall abide by the lighting requirements of the Forsyth County Unified Development Code and building codes. In all cases the lighting shall be downward facing except for that lighting that will be used to light the signs at the entrances on Tidwell Drive and McGinnis Ferry Road. Developer agrees that all buildings shall be single story, except the self storage facility shall be three stories with only one story above grade on

the side closest to Whittington with two stories below grade. Day lighting on the sides closest to Tidwell Drive.

Motion carried unanimously.

(10) Public Hearing and consideration of request by Ethan Underwood on behalf of Furkids, Inc. to amend zoning conditions placed on CP040065 (Small Dog Rescue & Humane Society, Inc.) – AZ160027 – District #2 – Postponed to Regular Meeting/Public Hearings of March 2, 2017

(11) Public Hearing and consideration of request by Kenneth A. Wright to amend zoning conditions placed on ZA2147 (Atlantic Gulf Communities Corporation) – AZ160028 – District #5

There was a motion by Commissioner Semanson and a second by Commissioner Amos to open the Public Hearing. Motion carried unanimously.

Speaking in favor:
Kenneth Wright

Speaking in opposition:
None

There was a motion by Commissioner Swope and a second by Commissioner Mills to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Semanson and a second by Commissioner Amos to approve the request by Kenneth A. Wright to amend zoning conditions placed on ZA2147 (Atlantic Gulf Communities Corporation) – AZ160028 – as displayed which reads as follows:

Modify Condition #7 to read: A variance to the performance standards for Lot #276 in Windermere Subdivision, 6320 Colwyn Court is granted to allow a 27 foot exterior setback, instead of the required 50 feet, for the construction of a private residential swimming pool. A variance to the performance standards for Lot #445 in Windermere Subdivision, 1027 Windermere Crossing is granted to allow a 5 foot rear setback, instead of the required 25 feet, for the construction of a private residential swimming pool. A variance to the performance standards for Lot #542 in Windermere Subdivision, 1604 Heathrow Drive is granted to allow a 10 foot rear setback, instead of the required 25 feet, for the construction of a private residential swimming pool. A variance to the performance standards for Lot #447 in Windermere Subdivision, 1031 Farrington Way is granted to allow a 5 foot rear setback, instead of the required 25 feet, for the construction of a private residential swimming pool. A variance to the performance standards for Lot #735 in Windermere Subdivision, 2059 Windermere Crossing is granted to allow a 10 foot rear setback, instead of the required 25 feet, to allow for the construction of a roof on the existing porch. A variance to the performance standards for Lot #84 in Windermere Subdivision, 8710 Ardsley Trace is granted to allow a 15 foot rear setback, instead of the required 50 feet, for the construction of a private residential swimming pool.

Motion carried unanimously.

(12) Public Hearing and consideration of a county-initiated rezoning to rezone 8.206 acres from A1 to RES3 and a variance of 25 feet to the Stream Buffer (UDC, Section 18-11.2(B)) – ZA3843 – District #4

There was a motion by Commissioner Mills and a second by Commissioner Swope to open the Public Hearing. Motion carried unanimously.

Speaking in favor:
Kendall King

Speaking in opposition:
None

There was a motion by Commissioner Swope and a second by Commissioner Mills to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Mills and a second by Commissioner Amos to approve the county-initiated rezoning to rezone 8.206 acres from A1 to RES3 and a variance of 25 feet to the Stream Buffer (UDC, Section 18-11.2(B)) – ZA3843 – as displayed with a modification to remove any verbiage in reference to golf carts. The final variance and conditions read as follows:

VARIANCE:

1. UDC Section 18-11.2(B) - A variance of 25 feet to the stream buffer shall be granted.

CONDITIONS:

1. The proposed development shall be age restricted to property owners and residents 55 and older to the extent allowable under existing federal, state and local laws, rules, regulations and ordinances.

2. Development shall tie onto Forsyth County sewer system by gravity. The gravity sewer outfall shall follow natural contours in order to minimize depth.

3. Sewer access must be provided to all upstream properties.

4. Sewer capacity is not guaranteed for this property. All sewer capacity agreements must be approved by the Forsyth County Board of Commissioners.

5. Any improvements to the water and/or systems required to meet fire flow or other requirements shall be done at the developer’s expense.

6. There shall be a 10-foot minimum setback from all Utility Easements to any building, unless otherwise approved by the Director of Water & Sewer.

7. There shall be no trees planted within the right-of-way or in utility easements.

8. All development, including access and utility easements, must comply with Forsyth County Standards.

9. The sanitary sewer outfall shall not encroach into the 50-foot Forsyth County stream buffer, unless a variance is approved by the Forsyth County Director of Water & Sewer.

10. Owner/Developer shall dedicate right of way 60’ from centerline of S.R. 9 (Dahlonega Highway) as part of site development or when needed for road improvement project as determined by GDOT or Forsyth County Department of Engineering.

11. Owner/Developer shall dedicate right of way 40’ from centerline of Martin Road as part of site development or when needed for road improvement project as determined by Forsyth County Department of Engineering.

12. All proposed streets shall be designed and constructed in accordance with Forsyth County Ordinance #101.

13. 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 and other similar techniques to provide a more pleasing appearance to the subdivision.

14. Ownership in individual units will be fee simple, but the common areas and front and side yards will be managed through the homeowners association.

15. Any open space shown on the submitted site plan along creeks shall remain undisturbed, with the exception that the developer can disturb up to ten feet beyond the lot line for grading and slopes as well as for the use of walking/natural trails throughout the community as shown on the site plan.

16. 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.

17. Membership in a homeowners association shall be required for the maintenance of the landscaped entrance area and all common areas.

18. Maximum number of lots is 12.

19. Each home in the development shall have not less than a two-car garage. Carriage style garage doors shall be required. The width of the garage doors shall not exceed 50% of the width of the entire home except for side entry garages.

20. There shall be five (5) foot sidewalks constructed to serve the neighborhood that will be behind a two (2) foot planted “beauty strip”.

21. Homes shall have four sides that are 75% or greater brick, stone, stucco or shake siding with the remainder of the materials being HardiePlank Fiber Cement Lap Siding or another similar product.

22. Homes shall have a minimum heated floor area of 2,200 square feet.

23. The roofing material used on all homes shall be cedar shake, architectural / dimensional style asphalt shingles or metal as appropriate to the architectural style of each home as determined by the builder.

24. The amenities shall consist of a clubhouse and one (1) outdoor pool incorporating an outdoor entertainment area and patio, fire pit, a dog park, walking/nature trails, and pocket parks. The clubhouse shall consist of an exercise room with equipment and a game room. The clubhouse area will be landscaped on all sides with premium landscaping of various sizes.

25. Walking/nature trails shall be constructed in the development separate from the sidewalks and should be maintained by the Homeowners Association.

26. The project shall be developed in substantial compliance with the submitted site plan.

27. Developer and builder shall comply with Forsyth County Ordinance regarding working hours.

28. Lighting shall consist of old world style lamp posts and no 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. The lights shall be the black downward facing type currently available from Sawnee EMC.

29. The side of the project on Dahlonega Highway shall be landscaped with a combination of trees, shrubs and flowers. A landscape plan will be submitted to Forsyth County for approval.

30. The developer shall record a covenant on the property that no more than ten percent (10%) of the homes on the subject property may be rental units.

31. The design of all improvements within the development with frontage along Dahlonega Highway and Settingdown Road shall conform to those overlay requirements and design standards mandated by the Coal Mountain Overlay. If the developer’s LDP application is ready for submission prior to implementation of the Overlay, the developer agrees to ensure improvements along Dahlonega

Highway and Settingdown Road shall contain design features consistent with the Coal Mountain Overlay with the District 4 Commissioner having final approval of same.

Motion carried unanimously.

(13) Public Hearing and consideration of a county-initiated rezoning to rezone 61.998 acres from A1 and RES6 to RES6 and a variance of 25 feet to the Stream Buffer (UDC, Section 18-11.2(B)) – ZA3845 – District #4

There was a motion by Commissioner Mills and a second by Commissioner Semanson to open the Public Hearing. Motion carried unanimously.

Speaking in favor:
Kendall King

Speaking in opposition:

Jim Simmonds
Susan Martin
Judy Martin

There was a motion by Commissioner Semanson and a second by Commissioner Mills to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Mills and a second by Commissioner Swope to approve the county-initiated rezoning to rezone 61.998 acres from A1 and RES6 to RES6 and a variance of 25 feet to the Stream Buffer (UDC, Section 18-11.2(B)) – ZA3845 – as displayed with a modification to remove any verbiage in reference to golf carts. The final variance and conditions read as follows:

VARIANCE:

1. UDC Section 18-11.2(B) - A variance of 25 feet to the stream buffer shall be granted.

CONDITIONS:

1. The proposed development shall be age restricted to property owners and residents 55 and older to the extent allowable under existing federal, state and local laws, rules, regulations and ordinances.

2. Ownership in individual units will be fee simple, but the common areas and front and side yards will be managed through the homeowners association.

3. Any open space shown on the submitted site plan along creeks shall remain undisturbed, with the exception that the developer can disturb up to ten feet beyond the lot line for grading and slopes as well as for the use of walking/natural trails throughout the community as shown on the site plan.

4. 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.

5. Development shall tie onto Forsyth County sewer system by gravity. The gravity sewer outfall shall follow natural contours in order to minimize depth.

6. Sewer access must be provided to all upstream properties.

7. Sewer capacity is not guaranteed for this property. All sewer capacity agreements must be approved by the Forsyth County Board of Commissioners.

8. Any improvements to the water and/or systems required to meet fire flow or other requirements shall be done at the developer’s expense.

9. There shall be a 10-foot minimum setback from all Utility Easements to any building, unless otherwise approved by the Director of Water & Sewer.

10. There shall be no trees planted within the right-of-way or in utility easements.

11. All development, including access and utility easements, must comply with Forsyth County Standards.

12. The sanitary sewer outfall shall not encroach into the 50-foot Forsyth County stream buffer, unless a variance is approved by the Forsyth County Director of Water & Sewer.

13. All proposed streets shall be designed and constructed in accordance with Forsyth County Ordinance #101, whether the streets are public or private.

14. Owner/Developer shall dedicate right of way 40’ from centerline of Settingdown Road as part of site development or when needed for road improvement project as determined by Forsyth County Department of Engineering.

15. The units within the project that are quadriplex will have a minimum of 1,875 square feet. The townhomes will have a minimum of 2,000 square feet. Each unit shall have an enclosed, two car garage, carriage style.

16. There shall be a maximum of 236 units.

17. All homes that abut Settingdown Road shall be a combination of brick and stacked stone on all four sides. The clubhouse will be a combination of 50% brick and stacked stone with an open gable design with cedar beams, cedar shutters, window trim and cedar shake siding.

18. On homes that do not abut Settingdown Road, exterior building materials shall on all sides consist of combinations of brick, stacked stone, masonry based cedar shake, masonry based lap siding or other similar materials. The same quality windows used on the front of the house will be used on the rest of the house.

19. A variety of exterior brick, stone and roof tones shall be utilized to avoid a monotonous appearance.

20. The entrance to the project on Settingdown Road shall consist of a combination of walls, fencing, and heavily landscaped berms, planted with trees, shrubs and flowers. Perennial beds and annual beds (for seasonal color) shall also be incorporated along the road frontage. A landscape plan will be submitted to Forsyth County for approval.

21. The fencing on Settingdown Road will be four-board black fencing with brick columns.

22. The amenities shall consist of a clubhouse and one (1) outdoor pool incorporating an outdoor entertainment area and patio, fire pit, a dog park, walking/nature trails, and pocket parks. The clubhouse shall consist of an exercise room with equipment and a game room. The clubhouse area will be landscaped on all sides with premium landscaping of various sizes.

23. Walking/nature trails shall be constructed in the development separate from the sidewalks and should be maintained by the Homeowners Association.

24. At least one four (4) inch caliper hardwood tree will be planted within the project for each unit within the project (236 units will result in a minimum of 236 trees). The developer is to work with the Forsyth County Arborist on this project.

25. There shall be five (5) foot sidewalks constructed to serve the neighborhood that will be behind a two (2) foot planted “beauty strip”.

26. The development shall put a stub out for pedestrian interconnectivity between tax parcel 216-043 or 216-037.

27. All homes shall have a bedroom and bath on the main floor with easy living accessibility including wider doorways and no more than a four inch step up or ramp into the homes.

28. There shall be a mandatory homeowners association, which shall be responsible for the upkeep of all common areas, front and side yards.

29. The project shall be developed in substantial compliance with the submitted site plan.

30. Developer and builder shall comply with Forsyth County Ordinance regarding working hours.

31. Lighting shall consist of old world style lamp posts and no 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. The lights shall be the black downward facing type currently available from Sawnee EMC.

32. The entire road frontage of the project along Settingdown Road will be landscaped with a berm, plantings, monument, and fence in substantial accordance with the landscape plan.

33. The developer shall record a covenant on the property that no more than ten percent (10%) of the homes on the subject property may be rental units.

34. The design of all improvements within the development with frontage along Dahlonega Highway and Settingdown Road shall conform to those overlay requirements and design standards mandated by the Coal Mountain Overlay. If the developer’s LDP application is ready for submission prior to implementation of the Overlay, the developer agrees to ensure improvements along Dahlonega Highway and Settingdown Road shall contain design features consistent with the Coal Mountain Overlay with the District 4 Commissioner having final approval of same.

Motion carried unanimously.

(14) Public Hearing and consideration of proposed Board rescission of ZA3768, a December 15, 2016 Board approval of a zoning of property from Commercial Business District (CBD) and Agricultural District (A1 to Master Planned District (MPD). If rescission of the prior zoning approval does occur, the Board will immediately take up ZA3768 for further action

The County Attorney advised the Board that there has been an application for a Land Disturbance Permit filed by this applicant to the county. At this point, the County Attorney believes that taking away their right to have their application considered based upon the zoning that was approved would be improper and he does not feel that rescission this evening would be appropriate. It was noted that the sewer capacity has also been purchased.

There was a motion by Commissioner Swope and a second by Commissioner Amos to open the Public Hearing. Motion carried unanimously.

Speaking in support of rescission:
Maryann Westfall
Dean Smith
Robert Patnude
Robert Hoyt
Carolyn Smith

Speaking in opposition of rescission:
Josh Scoggins
Amanda Hood Cowart
Amy Ridgway
Betty Allen
Mary Greer

There was a motion by Commissioner Mills and a second by Commissioner Swope to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Levent and a second by Commissioner Mills not to rescind ZA3768. Motion carried with three members in favor (Levent, Mills and Swope) and two members in opposition (Semanson and Amos).

UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:

Fred Viele
Stephen Jenn
Maryann Westfall

UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

(1) Further consideration of ZA3768, if the motion to rescind in Public Hearing #14 is successful

There was no action taken based upon the outcome of Public Hearing, Item #14.

(2) Public Hearing and consideration of a County-initiated request by the Forsyth County Board of Commissioners to amend zoning conditions placed on ZA3370 (Wellstone, LLC) – AZ160024 – District #5

No Public Hearing was held at this meeting as the required Public Hearing occurred on January 5, 2017 and no Public Hearing was advertised for tonight’s meeting. This item was placed on the agenda for decision only.

There was a motion by Commissioner Semanson and a second by Commissioner Levent to approve the County-initiated request by the Forsyth County Board of Commissioners to amend zoning conditions placed on ZA3370 (Wellstone, LLC) – AZ160024 – as displayed which reads as follows:

MPD Portion of ZA3370

1. The parcel of land designated as Tract 3 on that certain ALTA Survey for Lennar Georgia, Inc. dated 7/31/15, last revised 7/22/16, prepared by Rochester and Associates attached hereto as Exhibit B shall be included as part of the development of the MPD portion of ZA3370 with said parcel sharing common ownership with the common area of the MPD-zoned property.

RES2 Portion of ZA3370

1. Prior to the recordation of the final plat for the RES2 section of ZA3370 that includes the area containing the Habersham sewer lines the developer shall
deposit within a ‘sewer line repair’ sinking fund the amount of $50,000.00. The purpose of the sewer line repair sinking fund shall be the repair of any sewer lines owned by the Habersham sewer plant located within the property boundary of the development. The developer shall prepare and duly record covenants for the development establishing a homeowners’ association, property owners’ association or like entity that will be established for the development (the “HOA”). The HOA shall be responsible for maintaining and administering the sewer line repair sinking fund. If a sewer line within the development, owned by the Habersham Sewer plant, fails, the covenants shall provide that this sinking fund may be used to effectuate a lawful repair of such line. In no event shall the developer or the HOA be required to contribute additional funds in excess of the initial $50,000 deposit nor be required to replenish any portion of the funds that may be used to make any repairs contemplated in this condition. In no event shall this condition, the anticipated covenants, the sinking fund, or any repair of failed or breached sewer lines result in the developer, the homeowners association, or any resident being considered or deemed a de facto owner or otherwise responsible for said sewer lines. The covenants may provide that the sinking fund anticipated by this condition shall terminate, with all funds transferred to the homeowners’ association general fund, if the sewer lines are decommissioned or if a local government entity assumes ownership of Habersham sewer plant. The covenants may also state that the City of Cumming is the Trustee of the Habersham sewer plant as evidenced by that certain Trust Indenture entered into between Habersham Action Committee, Inc. and the City of Cumming, dated September 1, 2006.

Motion carried unanimously.

(3) Board consideration of request by Josh Scoggins on behalf of Beazer Homes, LLC to amend zoning conditions placed on ZA3270 (Ruby Forrest, Inc.) – AZ160023 – District #3

There was a motion by Commissioner Levent and a second by Commissioner Amos to approve the request by Josh Scoggins on behalf of Beazer Homes, LLC to amend zoning conditions placed on ZA3270 (Ruby Forrest, Inc.) – AZ160023 – as displayed which reads as follows:

Modify Condition #3 to read: The main level of all one-story homes in the development must have at least 2,000 square feet of heated floor space, exclusive of garages and unfinished basements. Irrespective of any defined terms in the International Residential Code, heated floor areas above the main level (e.g. attics and lofts) that are less than 800 sq. ft. in area will not be deemed a second story. Two-story homes in the development must have at least 2,800 square feet of heated floor space, exclusive of garages and unfinished basements.

Modify Condition #4 to read: Each home in the development shall have not less than a two (2) car, enclosed garage and garage doors shall have carriage style or other decorative fixtures.

Request to amend Condition #11 was withdrawn.

Modify Condition #15 to read: The development shall have a passive amenity area that includes a covered pavilion or gazebo, no less than 500 sq. ft. in area, plus an outdoor fireplace and a trail and access from the amenity area to the Big Creek Greenway (collectively, the “Passive Amenity Option”). The access trail will be no less than 6 feet wide and made of cement or boardwalk material. The trail will follow contours of the earth to control a safe degree of slope. The developer will work with the Forsyth County Engineering Department and the Parks and Recreation Department to obtain access and a safe slope. In the alternative, the developer may opt to build a pool, tennis courts and clubhouse in lieu of the Passive Amenity Option.

Modify Condition #16 to read: Developer shall have twelve (12) months from the date of approval of AZ160023 to apply for the initial Land Disturbance Permit (LDP) based upon those County development standards existing at the time the AZ160023 was initially filed. If no LDP is sought within twelve (12) months after approval of AZ160023, unless otherwise permitted by law, the developer shall comply with those County development standards in existence at the time of LDP application submittal.

Motion carried unanimously.

UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

(1) Board consideration of a Resolution establishing the scope of authority of the proposed position of Forsyth County Citizen Advocates

There was a motion by Commissioner Swope and a second by Commissioner Semanson to adopt the Resolution of the Board of Commissioners Creating Citizen Stakeholders in the Five Board Districts as discussed at the Work Session and as presented tonight. Motion carried unanimously.

UNDER ADMINISTRATIVE HEARING THE FOLLOWING ACTIONS WERE TAKEN:

(1) Administrative Hearing in reference to a violation of the Forsyth County Alcohol Ordinance for GBB Forsyth SGS, LLC d/b/a Grub Burger Bar located @ 410 Peachtree Parkway, Suite 204, Cumming, Georgia – Named Licensee is Curt Steinlage – District #2

There was a motion by Commissioner Swope and a second by Commissioner Amos to open the Administrative Hearing. Motion carried unanimously.

Tim Houser, Managing Partner, addressed the Board.

Deputy Vazquez addressed the Board.

There was a motion by Commissioner Swope and a second by Commissioner Mills to close the Administrative Hearing. Motion carried unanimously.

There was a motion by Commissioner Swope and a second by Commissioner Levent to place a warning letter in the file of GBB Forsyth SGS, LLC d/b/a Grub Burger Bar located

@ 410 Peachtree Parkway, Suite 204, Cumming, Georgia – Named Licensee is Curt Steinlage. Motion carried unanimously.

There was a motion by Commissioner Swope and a second by Commissioner Mills to adjourn. Motion carried unanimously.


____________________________________
Clerk/Deputy Clerk of Commission

The above and foregoing Minutes are hereby certified as being correct and ordered
recorded.

____________________________________________
TODD LEVENT, CHAIRMAN


____________________________________________
RICK SWOPE, VICE CHAIRMAN


____________________________________________
LAURA SEMANSON, SECRETARY


____________________________________________
RALPH J. AMOS, MEMBER


____________________________________________
CINDY J. MILLS, MEMBER

For detailed information concerning this meeting please reference the streaming video located on the Forsyth County Web site at www.forsythco.com.

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