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 16, 2017 5:00 PM

Board of Commissioners - Regular Meeting/Public Hearings

Location

Administration Building
110 E Main Street
Cumming, GA 30040

Meeting Video

   BOOKMARKS
02:45
Adoption of Agenda
15:15
Public Comments
22:50
Adoption of Minutes
23:15
AL170720 Maki Sushi, LLC
26:00
AL170728 Brooke Roe, LLC
28:22
AL170729 KBJ Nido, LLC
30:55
AL170701 HZ, Inc, d/b/a Village Italian
35:27
Public Hearings and consideration of 2017 pawn shop license renewals
36:20
PW170005 Eagle Pawn & Jewelry, LLC
37:30
PW170002 Five Star Pawn, Inc.
38:26
PW170026 Auto Cash of Buford Drive, LLC
39:40
PW170028 Auto Cash of Coal Mountain, LLC
40:40
PW170032 Rubin Brothers of Georgia, Inc.
41:44
PW170033 Georgia Auto Pawn, Inc.
42:45
PW170036 RK & CO Luxury Lending, LLC.
43:45
AZ170001 County Initiated zoning condition amendment related to ZA3768
56:00
AZ170002 related to ZA3199, Franklin Goldmine, LLC. (now REO Funding Solutions II, LLC)
01:02:37
Public Comments
01:18:26
Board Consideration of Comprehensive Plan Transmittal to the state for regional review
01:28:34
Dispute over Old Atlanta Rd. phases 4 & 5 and McFarland/Shiloh Road Sidewalk Project
01:31:00
CP160010 Sumalatha Satoor and Salik, LLC.
01:35:26
ZA3822 4087 Post Sosebee, LLC. A1 to RES3
01:37:55
Board consideration and appointment of member to the Board of Assessors representing Commission District #5
01:39:10
Possible ratification of an agreement for Sale of Realty between Ralph Gravitt, Marilyn Durand, and Brenda Gravitt and Forsyth County
01:42:00
Adjournment

Documents

PUBLIC NOTICE

 

The Forsyth County Board of Commissioners will hold their Regular Meeting/Public Hearings on Thursday, February 16, 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

02/06/17



AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, FEBRUARY 16, 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

V. Public Comments

VI. Adoption of Minutes:

(1) Special Called Meeting and Executive Session of February 2, 2017

(2) Regular Meeting/Public Hearings of February 2, 2017

(3) Work Session and Executive Session of February 7, 2017

VII. Consent Agenda:

(1) Adoption of Resolutions authorizing Affidavits concerning the Executive Sessions of February 2, 2017 and February 7, 2017

(2) Acceptance of Right of Way as County maintained with a speed limit of 35 MPH on Chamblee Gap Road and all other dedicated property and property rights as shown on subdivision plat for Mountain Crest, Phase 1 recorded in Plat Book 164, Pages 51-72, Forsyth County, Georgia Records – District #1 – Director of Engineering

(3) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Beckham Street and all other dedicated property and property rights as shown on subdivision plat for Daves Creek Reserve, Phase 2B recorded in Plat Book 164, Pages 42-47, Forsyth County, Georgia Records – District #3 – Director of Engineering

(4) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Bristlecone Pine Way, Autrian Pine Court, Lacebark Pine Court and all other dedicated property and property rights as shown on subdivision plat for Westerleigh Commons, Phase 1 recorded in Plat Book 163, Pages 225-231, Forsyth County, Georgia Records – District #1 – Director of Engineering

(5) Adoption of Resolution to correct scrivener’s error in February 2, 2017 Resolution to amend the Code of Forsyth County, Georgia, Chapter 47 – Impact Fees – County Attorney

(6) Board ratification of the following items that were discussed and unanimously voted on at a Work Session held on February 7, 2017:

(A) Board authorization to proceed with offering the same Employee Appreciation Effort for 2017 as previously offered last year regarding fair tickets – County Manager/Director of Communications

(B) Board approval to award Bid 16-158-3150 for construction of turn lanes on S.R.53 at Dogwood Path to Colwell Construction Company, Inc. in the amount of $874,101.72 – Procurement Director

(C) Board approval to award Bid C17-04-1500 for the purchase of nine (9) new Ford F-150’s and one (1) new Ford F-250 for the Water & Sewer Department and the Engineering Department to Billy Howell Ford in the amount of $237,300.00 – Procurement Director

(D) Board approval to award Bid C17-01-5211 for the purchase of five (5) 2017 Ford F-150’s and two (2) 2017 Ford Transit Passenger Vans for the Parks & Recreation Department to Billy Howell Ford in the amount of $186,225.00 – Procurement Director

(E) Board approval of Moreland Altobelli’s Work Authorization to proceed with the Right of Way Negotiations for SR 369 Widening/Interchanges Project – Director of Engineering

(F) Board approval to proceed with a County-initiated down-zoning from RES3 to A1 for Tax Parcel 117-017 (Owner: Loyd Pendley) – Mills/Swope

(G) Board approval of resolutions to quitclaim property interests in connection with the intersection project at SR 369, Old Federal Road, and Mt. Tabor Road as follows: (County Attorney)

(i) 0.022 acres of fee simple right of way and 6,976.48 square feet of permanent drainage easement (Parcel 5 – Bannister Creek #2, LLC)

(ii) 694.60 square feet of permanent drainage easement (Parcel 6 – Henry B. Garmon)

(H) Board ratification of settlement agreement between Amanda Funkhouser and Forsyth County and the Forsyth County Sheriff – County Attorney



VIII. Public Hearings:

(1) Public Hearings and consideration of the following Alcohol Licenses: (Director of Planning & Community Development

(A) Maki Sushi, LLC, Named Licensee is Min Suk Lee, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL170720 – District #3
(Postponed from 12/01/16 and 01/05/17 Agendas)

(B) Brooke Roe, LLC d/b/a Pinspiration, Named Licensee is Brooke Roe, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL170728 – District #3

(C) KBJ Nido, LLC d/b/a Nido Café, Named Licensee is James A. Crawford, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL170729 – District #3

(2) Public Hearing and consideration of request by HZ, Inc., d/b/a Village Italian to add Distilled Spirits for Consumption on the Premises to an existing license to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – Named Licensee is David Datlof – AL170701 – District #3 – Director of Planning & Community Development

(3) Public Hearings and consideration of 2017 Pawn Shop License renewals for the following: (Director of Planning & Community Development)

(A) Eagle Pawn & Jewelry, LLC – Named Licensee is Stephen Jensen – PW170005 – District #1

(B) Five Star Pawn, Inc. – Named Licensee is Joel Sean Smith – PW170002 – District #1

(C) Auto Cash of Buford Drive, LLC – Named Licensee is Judson S. Browne – PW170026 – District #5

(D) Auto Cash of Coal Mountain, LLC – Named Licensee is Judson S. Browne – PW170028 – District #4

(E) Rubin Brothers of Georgia, Inc. d/b/a Rubin Brothers – Named Licensee is Harvey Rubin – PW170032 – District #3

(F) Georgia Auto Pawn, Inc. – Named Licensee is Robert I. Reich – PW170033 – District #3

(G) RK & CO Luxury Lending, LLC – Named Licensee is Reza Khalaj – PW170036 – District #2

(4) Public Hearing regarding County-initiated zoning condition amendment (AZ170001), which is a proposed condition amendment related to ZA3768, a December 15, 2016 zoning approval for Planners and Engineers Collaborative, Inc., rezoning certain property near Brannon Road from A1 and CBD to MPD. The proposed zoning amendments may address connectivity, cross-walk signalization, greenspace/open space requirements, updated MPD site concept plan, age restricted versus age targeted requirements, residential density, and design standards – District #3 – Director of Planning & Community Development/County Attorney

(5) Public Hearing and Board consideration of a County-initiated zoning condition amendment (AZ170002) related to ZA3199, Franklin Goldmine, LLC (now REO Funding Solutions II, LLC) related to amending (via deletion) of zoning condition 20 that authorized a 10,000 sq.ft. minimum lot size - District #1 – Director of Planning & Community Development/County Attorney

IX. Public Comments

X. Old Business:

(1) Board consideration of Comprehensive Plan Transmittal to the state for regional review - Jacobs in collaboration with Kimley-Horn

(2) Board consideration of request by Emory Lipscomb on behalf of 58NW, LLC to amend zoning conditions placed on ZA3285 (Eubanks & Gibson Investments, LLC) – AZ150037 – District #4 – Director of Planning & Community Development
(A Public Hearing was held 11/03/16 - Decision was postponed from 11/17/16, 12/15/16 and 01/19/17 Agendas).

(3) Board consideration of a Settlement Agreement between Forsyth County and Gresham, Smith & Partners (LP) regarding contractual dispute over Old Atlanta Road Phases 4 & 5 and McFarland/Shiloh Road Sidewalk Project – County Attorney
(Postponed from 12/15/16, 01/05/17 and 01/19/27 Agendas)

XI. New Business:

(1) Rezoning requests: (Director of Planning & Community Development)

(A) Sumalatha Satoor and Sailak, LLC, CP160010, issuance of a Conditional Use Permit for the purpose to build a religious facility (temple) with 109 parking spaces and a priest residence on property currently zoned R2R – District #5

(B) Meritage Homes of Georgia, Inc., ZA3791, A1 and CBD to MPD with a variance to reduce the commercial component from 25% to 6% (UDC 20B-2.2 – District #3

(C) Ashton Atlanta Residential, LLC, ZA3812, A1 to RES3 – District #2

(D) Glenn Levent, ZA3816, A1 to HB with a Conditional Use Permit for a night watchman residence and proposed office buildings with 15 parking spaces and the following variances: (1) variance to reduce the zoning buffer abutting A1 property from 40 ft. to 0 ft. along the eastern property boundary (UDC Table 12.2); (2) variance to reduce the zoning setback abutting A1 property from 50 ft. to 5 ft. along the eastern property boundary (UDC Table 12.2); and (3) variance to reduce the zoning buffer abutting the City of Milton (AG-1) property from 40 ft. to 20 ft. along the western boundary (UDC Table 12.2) – District #3

(E) Glenn Levent, ZA3818, A1 to M1 for proposed office/warehouse buildings with 22 parking spaces and the following variances: (1) variance to reduce the zoning buffer from 60 ft. to 20 ft. along the western boundary (UDC Table 14.2); (2) variance to reduce the required setback abutting A1 property from 75 ft. to 50 ft. along the eastern boundary (UDC Table 14.2); and, (3) variance to reduce the zoning buffer abutting A1 property from 60 ft. to 40 ft. along the eastern boundary (UDC Table 14.2) – District #3

(F) 4087 Post Sosebee, LLC, ZA3822, A1 to RES3 – District #1

(2) Board consideration and appointment of member to the Board of Assessors representing Commission District #5 – County Manager

(3) Discussion of Development at McGinnis Ferry and Tidwell – Levent/Swope
(Postponed from 02/07/17 Work Session Agenda).

(4) Board consideration and possible ratification of an agreement for Sale of Realty between Ralph Gravitt, Marilyn Durand, and Brenda Gravitt and Forsyth County, related to the County’s acquisition of 1.719 acres, tax parcel 268-049, for $225,000 – County Attorney

XII. Administrative Hearing:

(1) Administrative Hearing in reference to a violation(s) of the Massage and Spa Ordinance for Healing Touch Enterprises, LLC d/b/a Healing Touch – Named Licensee is Jeoung G. Shin – L201600251 – District #2 – Director of Planning & Community Development

XIII. Recess Regular Meeting

XIV. Executive Session (if needed)

XV. 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 16, 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 @ 5:05 p.m.

II. Invocation and Pledge of Allegiance
The Invocation and Pledge of Allegiance were led by Fire Chief Danny Bowman.

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

• The Board voted unanimously to postpone New Business 1-C to 03/02/17

• The Board voted 4-0-1 (Chairman Levent recused) to postpone New Business 1-D to 03/16/17

• The Board voted 4-0-1 (Chairman Levent recused) to postpone New Business 1-E to 03/16/17

• The Board voted unanimously to postpone New Business 1-B to 03/16/17

• The Board voted unanimously to postpone Consent Agenda #4 to 03/02/17

• The Board voted unanimously to postpone Old Business #2 to the first regular meeting agenda following the vested rights decision by the County Attorney and the Director of Planning & Community Development

• The Board voted unanimously to move New Business #3 to the 02/21/17 Work Session Agenda

• The Board voted unanimously to postpone the Administrative Hearing #1 to 03/16/17

IV. Announcements and Reports
There were no announcements or reports.

V. Public Comments
Three (3) speakers.



VI. Adoption of Minutes:

(1) Special Called Meeting and Executive Session of February 2, 2017
The Board voted unanimously to adopt the minutes.

(2) Regular Meeting/Public Hearings of February 2, 2017
The Board voted unanimously to adopt the minutes.

(3) Work Session and Executive Session of February 7, 2017
The Board voted unanimously to adopt the minutes.

VII. Consent Agenda:
The Board voted unanimously to adopt the Consent Agenda as amended.
(Consent Agenda item #4 was postponed to 03/02/17.

(1) Adoption of Resolutions authorizing Affidavits concerning the Executive Sessions of February 2, 2017 and February 7, 2017

(2) Acceptance of Right of Way as County maintained with a speed limit of 35 MPH on Chamblee Gap Road and all other dedicated property and property rights as shown on subdivision plat for Mountain Crest, Phase 1 recorded in Plat Book 164, Pages 51-72, Forsyth County, Georgia Records – District #1 – Director of Engineering

(3) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Beckham Street and all other dedicated property and property rights as shown on subdivision plat for Daves Creek Reserve, Phase 2B recorded in Plat Book 164, Pages 42-47, Forsyth County, Georgia Records – District #3 – Director of Engineering

(4) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Bristlecone Pine Way, Autrian Pine Court, Lacebark Pine Court and all other dedicated property and property rights as shown on subdivision plat for Westerleigh Commons, Phase 1 recorded in Plat Book 163, Pages 225-231, Forsyth County, Georgia Records – District #1 – Director of Engineering
This item was postponed to 03/02/17 Agenda.

(5) Adoption of Resolution to correct scrivener’s error in February 2, 2017 Resolution to amend the Code of Forsyth County, Georgia, Chapter 47 – Impact Fees – County Attorney

(6) Board ratification of the following items that were discussed and unanimously voted on at a Work Session held on February 7, 2017:

(A) Board authorization to proceed with offering the same Employee Appreciation Effort for 2017 as previously offered last year regarding fair tickets – County Manager/Director of Communications

(B) Board approval to award Bid 16-158-3150 for construction of turn lanes on S.R.53 at Dogwood Path to Colwell Construction Company, Inc. in the amount of $874,101.72 – Procurement Director

(C) Board approval to award Bid C17-04-1500 for the purchase of nine (9) new Ford F-150’s and one (1) new Ford F-250 for the Water & Sewer Department and the Engineering Department to Billy Howell Ford in the amount of $237,300.00 – Procurement Director

(D) Board approval to award Bid C17-01-5211 for the purchase of five (5) 2017 Ford F-150’s and two (2) 2017 Ford Transit Passenger Vans for the Parks & Recreation Department to Billy Howell Ford in the amount of $186,225.00 – Procurement Director

(E) Board approval of Moreland Altobelli’s Work Authorization to proceed with the Right of Way Negotiations for SR 369 Widening/Interchanges Project – Director of Engineering

(F) Board approval to proceed with a County-initiated down-zoning from RES3 to A1 for Tax Parcel 117-017 (Owner: Loyd Pendley) – Mills/Swope

(G) Board approval of resolutions to quitclaim property interests in connection with the intersection project at SR 369, Old Federal Road, and Mt. Tabor Road as follows: (County Attorney)

(i) 0.022 acres of fee simple right of way and 6,976.48 square feet of permanent drainage easement (Parcel 5 – Bannister Creek #2, LLC)

(ii) 694.60 square feet of permanent drainage easement (Parcel 6 – Henry B. Garmon)

(H) Board ratification of settlement agreement between Amanda Funkhouser and Forsyth County and the Forsyth County Sheriff – County Attorney

VIII. Public Hearings:

(1) Public Hearings and consideration of the following Alcohol Licenses: (Director of Planning & Community Development

(A) Maki Sushi, LLC, Named Licensee is Min Suk Lee, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL170720 – District #3
(Postponed from 12/01/16 and 01/05/17 Agendas)
The Public Hearing was held. The Board voted unanimously to approve.

(B) Brooke Roe, LLC d/b/a Pinspiration, Named Licensee is Brooke Roe, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL170728 – District #3
The Public Hearing was held. The Board voted unanimously to postpone to 03/16/17 for another Public Hearing.

(C) KBJ Nido, LLC d/b/a Nido Café, Named Licensee is James A. Crawford, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL170729 – District #3
The Public Hearing was held. The Board voted unanimously to approve.

(2) Public Hearing and consideration of request by HZ, Inc., d/b/a Village Italian to add Distilled Spirits for Consumption on the Premises to an existing license to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – Named Licensee is David Datlof – AL170701 – District #3 – Director of Planning & Community Development
The Public Hearing was held. The Board voted unanimously to approve.

(3) Public Hearings and consideration of 2017 Pawn Shop License renewals for the following: (Director of Planning & Community Development)

(A) Eagle Pawn & Jewelry, LLC – Named Licensee is Stephen Jensen – PW170005 – District #1
The Public Hearing was held. The Board voted unanimously to renew the Pawn Shop License.

(B) Five Star Pawn, Inc. – Named Licensee is Joel Sean Smith – PW170002 – District #1
The Public Hearing was held. The Board voted unanimously to renew the Pawn Shop License.

(C) Auto Cash of Buford Drive, LLC – Named Licensee is Judson S. Browne – PW170026 – District #5
The Public Hearing was held. The Board voted unanimously to renew the Pawn Shop License.

(D) Auto Cash of Coal Mountain, LLC – Named Licensee is Judson S. Browne – PW170028 – District #4
The Public Hearing was held. The Board voted unanimously to renew the Pawn Shop License.

(E) Rubin Brothers of Georgia, Inc. d/b/a Rubin Brothers – Named Licensee is Harvey Rubin – PW170032 – District #3
The Public Hearing was held. The Board voted unanimously to renew the Pawn Shop License.

(F) Georgia Auto Pawn, Inc. – Named Licensee is Robert I. Reich – PW170033 – District #3
The Public Hearing was held. The Board voted unanimously to renew the Pawn Shop License.
(G) RK & CO Luxury Lending, LLC – Named Licensee is Reza Khalaj – PW170036 – District #2
The Public Hearing was held. The Board voted unanimously to renew the Pawn Shop License.

(4) Public Hearing regarding County-initiated zoning condition amendment (AZ170001), which is a proposed condition amendment related to ZA3768, a December 15, 2016 zoning approval for Planners and Engineers Collaborative, Inc., rezoning certain property near Brannon Road from A1 and CBD to MPD. The proposed zoning amendments may address connectivity, cross-walk signalization, greenspace/open space requirements, updated MPD site concept plan, age restricted versus age targeted requirements, residential density, and design standards – District #3 – Director of Planning & Community Development/County Attorney
The Public Hearing was held. The Board voted unanimously to approve with the conditions as displayed and discussed.

(5) Public Hearing and Board consideration of a County-initiated zoning condition amendment (AZ170002) related to ZA3199, Franklin Goldmine, LLC (now REO Funding Solutions II, LLC) related to amending (via deletion) of zoning condition 20 that authorized a 10,000 sq.ft. minimum lot size - District #1 – Director of Planning & Community Development/County Attorney
The Public Hearing was held. The Board voted unanimously to approve with the conditions as displayed and with the site plan as shown.

IX. Public Comments
Five (5) speakers.

X. Old Business:

(1) Board consideration of Comprehensive Plan Transmittal to the state for regional review - Jacobs in collaboration with Kimley-Horn
The Board voted unanimously to postpone to 03/02/17.

(2) Board consideration of request by Emory Lipscomb on behalf of 58NW, LLC to amend zoning conditions placed on ZA3285 (Eubanks & Gibson Investments, LLC) – AZ150037 – District #4 – Director of Planning & Community Development
(A Public Hearing was held 11/03/16 - Decision was postponed from 11/17/16, 12/15/16 and 01/19/17 Agendas).
Due to the applicant’s request for a vested rights determination, this item has been postponed to the first regular meeting agenda following a decision by the County Attorney and the Director of Planning & Community Development regarding the vested rights decision.

(3) Board consideration of a Settlement Agreement between Forsyth County and Gresham, Smith & Partners (LP) regarding contractual dispute over Old Atlanta Road Phases 4 & 5 and McFarland/Shiloh Road Sidewalk Project – County Attorney
(Postponed from 12/15/16, 01/05/17 and 01/19/27 Agendas)
The Board voted unanimously to approve the Settlement Agreement.

XI. New Business:

(1) Rezoning requests: (Director of Planning & Community Development)

(A) Sumalatha Satoor and Sailak, LLC, CP160010, issuance of a Conditional Use Permit for the purpose to build a religious facility (temple) with 109 parking spaces and a priest residence on property currently zoned R2R – District #5
The Board voted unanimously to deny.

(B) Meritage Homes of Georgia, Inc., ZA3791, A1 and CBD to MPD with a variance to reduce the commercial component from 25% to 6% (UDC 20B-2.2 – District #3
Postponed to 03/16/17.

(C) Ashton Atlanta Residential, LLC, ZA3812, A1 to RES3 – District #2
Postponed to 03/02/17.

(D) Glenn Levent, ZA3816, A1 to HB with a Conditional Use Permit for a night watchman residence and proposed office buildings with 15 parking spaces and the following variances: (1) variance to reduce the zoning buffer abutting A1 property from 40 ft. to 0 ft. along the eastern property boundary (UDC Table 12.2); (2) variance to reduce the zoning setback abutting A1 property from 50 ft. to 5 ft. along the eastern property boundary (UDC Table 12.2); and (3) variance to reduce the zoning buffer abutting the City of Milton (AG-1) property from 40 ft. to 20 ft. along the western boundary (UDC Table 12.2) – District #3
Postponed to 03/16/17.

(E) Glenn Levent, ZA3818, A1 to M1 for proposed office/warehouse buildings with 22 parking spaces and the following variances: (1) variance to reduce the zoning buffer from 60 ft. to 20 ft. along the western boundary (UDC Table 14.2); (2) variance to reduce the required setback abutting A1 property from 75 ft. to 50 ft. along the eastern boundary (UDC Table 14.2); and, (3) variance to reduce the zoning buffer abutting A1 property from 60 ft. to 40 ft. along the eastern boundary (UDC Table 14.2) – District #3
Postponed to 03/16/17.

(F) 4087 Post Sosebee, LLC, ZA3822, A1 to RES3 – District #1
The Board voted unanimously to approve with the conditions as shown.

(2) Board consideration and appointment of member to the Board of Assessors representing Commission District #5 – County Manager
The Board voted unanimously to appoint Gerald Sullivan to the Board of Assessors.


(3) Discussion of Development at McGinnis Ferry and Tidwell – Levent/Swope
(Postponed from 02/07/17 Work Session Agenda).
This item was moved to the 02/21/17 Work Session Agenda.

(4) Board consideration and possible ratification of an agreement for Sale of Realty between Ralph Gravitt, Marilyn Durand, and Brenda Gravitt and Forsyth County, related to the County’s acquisition of 1.719 acres, tax parcel 268-049, for $225,000 – County Attorney
The Board voted unanimously to approve the agreement.

XII. Administrative Hearing:

(1) Administrative Hearing in reference to a violation(s) of the Massage and Spa Ordinance for Healing Touch Enterprises, LLC d/b/a Healing Touch – Named Licensee is Jeoung G. Shin – L201600251 – District #2 – Director of Planning & Community Development
Postponed to 03/16/17.

XIII. Recess Regular Meeting

XIV. Executive Session (if needed)

XV. Adjournment
The Board voted unanimously to adjourn the meeting at 6:46 p.m.

FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARINGS
FEBRUARY 16, 2017

On Thursday, February 16, 2017 at 5:05 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 16, 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

V. Public Comments

VI. Adoption of Minutes:

(1) Special Called Meeting and Executive Session of February 2, 2017

(2) Regular Meeting/Public Hearings of February 2, 2017

(3) Work Session and Executive Session of February 7, 2017

VII. Consent Agenda:

(1) Adoption of Resolutions authorizing Affidavits concerning the Executive Sessions of February 2, 2017 and February 7, 2017

(2) Acceptance of Right of Way as County maintained with a speed limit of 35 MPH on Chamblee Gap Road and all other dedicated property and property rights as shown on subdivision plat for Mountain Crest, Phase 1 recorded in Plat Book 164, Pages 51-72, Forsyth County, Georgia Records – District #1 – Director of Engineering

(3) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Beckham Street and all other dedicated property and property rights as shown on subdivision plat for Daves Creek Reserve, Phase 2B recorded in Plat Book 164, Pages 42-47, Forsyth County, Georgia Records – District #3 – Director of Engineering

(4) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Bristlecone Pine Way, Autrian Pine Court, Lacebark Pine Court and all other dedicated property and property rights as shown on subdivision plat for Westerleigh Commons, Phase 1 recorded in Plat Book 163, Pages 225-231, Forsyth County, Georgia Records – District #1 – Director of Engineering

(5) Adoption of Resolution to correct scrivener’s error in February 2, 2017 Resolution to amend the Code of Forsyth County, Georgia, Chapter 47 – Impact Fees – County Attorney

(6) Board ratification of the following items that were discussed and unanimously voted on at a Work Session held on February 7, 2017:

(A) Board authorization to proceed with offering the same Employee Appreciation Effort for 2017 as previously offered last year regarding fair tickets – County Manager/Director of Communications

(B) Board approval to award Bid 16-158-3150 for construction of turn lanes on S.R.53 at Dogwood Path to Colwell Construction Company, Inc. in the amount of $874,101.72 – Procurement Director

(C) Board approval to award Bid C17-04-1500 for the purchase of nine (9) new Ford F-150’s and one (1) new Ford F-250 for the Water & Sewer Department and the Engineering Department to Billy Howell Ford in the amount of $237,300.00 – Procurement Director

(D) Board approval to award Bid C17-01-5211 for the purchase of five (5) 2017 Ford F-150’s and two (2) 2017 Ford Transit Passenger Vans for the Parks & Recreation Department to Billy Howell Ford in the amount of $186,225.00 – Procurement Director

(E) Board approval of Moreland Altobelli’s Work Authorization to proceed with the Right of Way Negotiations for SR 369 Widening/Interchanges Project – Director of Engineering

(F) Board approval to proceed with a County-initiated down-zoning from RES3 to A1 for Tax Parcel 117-017 (Owner: Loyd Pendley) – Mills/Swope

(G) Board approval of resolutions to quitclaim property interests in connection with the intersection project at SR 369, Old Federal Road, and Mt. Tabor Road as follows: (County Attorney)

(i) 0.022 acres of fee simple right of way and 6,976.48 square feet of permanent drainage easement (Parcel 5 – Bannister Creek #2, LLC)

(ii) 694.60 square feet of permanent drainage easement (Parcel 6 – Henry B. Garmon)

(H) Board ratification of settlement agreement between Amanda Funkhouser and Forsyth County and the Forsyth County Sheriff – County Attorney
VIII. Public Hearings:

(1) Public Hearings and consideration of the following Alcohol Licenses: (Director of Planning & Community Development

(A) Maki Sushi, LLC, Named Licensee is Min Suk Lee, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL170720 – District #3
(Postponed from 12/01/16 and 01/05/17 Agendas)

(B) Brooke Roe, LLC d/b/a Pinspiration, Named Licensee is Brooke Roe, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL170728 – District #3

(C) KBJ Nido, LLC d/b/a Nido Café, Named Licensee is James A. Crawford, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL170729 – District #3

(2) Public Hearing and consideration of request by HZ, Inc., d/b/a Village Italian to add Distilled Spirits for Consumption on the Premises to an existing license to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – Named Licensee is David Datlof – AL170701 – District #3 – Director of Planning & Community Development

(3) Public Hearings and consideration of 2017 Pawn Shop License renewals for the following: (Director of Planning & Community Development)

(A) Eagle Pawn & Jewelry, LLC – Named Licensee is Stephen Jensen – PW170005 – District #1

(B) Five Star Pawn, Inc. – Named Licensee is Joel Sean Smith – PW170002 – District #1

(C) Auto Cash of Buford Drive, LLC – Named Licensee is Judson S. Browne – PW170026 – District #5

(D) Auto Cash of Coal Mountain, LLC – Named Licensee is Judson S. Browne – PW170028 – District #4

(E) Rubin Brothers of Georgia, Inc. d/b/a Rubin Brothers – Named Licensee is Harvey Rubin – PW170032 – District #3

(F) Georgia Auto Pawn, Inc. – Named Licensee is Robert I. Reich – PW170033 – District #3

(G) RK & CO Luxury Lending, LLC – Named Licensee is Reza Khalaj – PW170036 – District #2

(4) Public Hearing regarding County-initiated zoning condition amendment (AZ170001), which is a proposed condition amendment related to ZA3768, a December 15, 2016 zoning approval for Planners and Engineers Collaborative, Inc., rezoning certain property near Brannon Road from A1 and CBD to MPD. The proposed zoning amendments may address connectivity, cross-walk signalization, greenspace/open space requirements, updated MPD site concept plan, age restricted versus age targeted requirements, residential density, and design standards – District #3 – Director of Planning & Community Development/County Attorney

(5) Public Hearing and Board consideration of a County-initiated zoning condition amendment (AZ170002) related to ZA3199, Franklin Goldmine, LLC (now REO Funding Solutions II, LLC) related to amending (via deletion) of zoning condition 20 that authorized a 10,000 sq.ft. minimum lot size - District #1 – Director of Planning & Community Development/County Attorney

IX. Public Comments

X. Old Business:

(1) Board consideration of Comprehensive Plan Transmittal to the state for regional review - Jacobs in collaboration with Kimley-Horn

(2) Board consideration of request by Emory Lipscomb on behalf of 58NW, LLC to amend zoning conditions placed on ZA3285 (Eubanks & Gibson Investments, LLC) – AZ150037 – District #4 – Director of Planning & Community Development
(A Public Hearing was held 11/03/16 - Decision was postponed from 11/17/16, 12/15/16 and 01/19/17 Agendas).

(3) Board consideration of a Settlement Agreement between Forsyth County and Gresham, Smith & Partners (LP) regarding contractual dispute over Old Atlanta Road Phases 4 & 5 and McFarland/Shiloh Road Sidewalk Project – County Attorney
(Postponed from 12/15/16, 01/05/17 and 01/19/27 Agendas)

XI. New Business:

(1) Rezoning requests: (Director of Planning & Community Development)

(A) Sumalatha Satoor and Sailak, LLC, CP160010, issuance of a Conditional Use Permit for the purpose to build a religious facility (temple) with 109 parking spaces and a priest residence on property currently zoned R2R – District #5

(B) Meritage Homes of Georgia, Inc., ZA3791, A1 and CBD to MPD with a variance to reduce the commercial component from 25% to 6% (UDC 20B-2.2 – District #3

(C) Ashton Atlanta Residential, LLC, ZA3812, A1 to RES3 – District #2

(D) Glenn Levent, ZA3816, A1 to HB with a Conditional Use Permit for a night watchman residence and proposed office buildings with 15 parking spaces and the following variances: (1) variance to reduce the zoning buffer abutting A1 property from 40 ft. to 0 ft. along the eastern property boundary (UDC Table 12.2); (2) variance to reduce the zoning setback abutting A1 property from 50 ft. to 5 ft. along the eastern property boundary (UDC Table 12.2); and (3) variance to reduce the zoning buffer abutting the City of Milton (AG-1) property from 40 ft. to 20 ft. along the western boundary (UDC Table 12.2) – District #3

(E) Glenn Levent, ZA3818, A1 to M1 for proposed office/warehouse buildings with 22 parking spaces and the following variances: (1) variance to reduce the zoning buffer from 60 ft. to 20 ft. along the western boundary (UDC Table 14.2); (2) variance to reduce the required setback abutting A1 property from 75 ft. to 50 ft. along the eastern boundary (UDC Table 14.2); and, (3) variance to reduce the zoning buffer abutting A1 property from 60 ft. to 40 ft. along the eastern boundary (UDC Table 14.2) – District #3

(F) 4087 Post Sosebee, LLC, ZA3822, A1 to RES3 – District #1

(2) Board consideration and appointment of member to the Board of Assessors representing Commission District #5 – County Manager

(3) Discussion of Development at McGinnis Ferry and Tidwell – Levent/Swope
(Postponed from 02/07/17 Work Session Agenda).

(4) Board consideration and possible ratification of an agreement for Sale of Realty between Ralph Gravitt, Marilyn Durand, and Brenda Gravitt and Forsyth County, related to the County’s acquisition of 1.719 acres, tax parcel 268-049, for $225,000 – County Attorney

XII. Administrative Hearing:

(1) Administrative Hearing in reference to a violation(s) of the Massage and Spa Ordinance for Healing Touch Enterprises, LLC d/b/a Healing Touch – Named Licensee is Jeoung G. Shin – L201600251 – District #2 – Director of Planning & Community Development

XIII. Recess Regular Meeting

XIV. Executive Session (if needed)

XV. Adjournment

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

The Invocation and Pledge of Allegiance were led by Fire Chief Danny Bowman.

ADOPTION OF AGENDA

CONSENT AGENDA

There was a motion by Commissioner Levent and a second by Commissioner Swope to postpone Consent Agenda, Item #4 (Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Bristlecone Pine Way, Autrian Pine Court, Lacebark Pine Court and all other dedicated property and property rights as shown on subdivision plat for Westerleigh Commons, Phase 1 recorded in Plat Book 163, Pages 225-231, Forsyth County, Georgia Records – District #1) to the Regular Meeting/Public Hearings of March 2, 2017 at the request of the Director of Engineering. Motion carried unanimously.

OLD BUSINESS

The County Attorney advised the Board that regarding Old Business, Item #2, the applicant has made a request for a vested rights determination. There was a motion by Commissioner Mills and a second by Commissioner Amos to postpone Old Business, Item #2 (Board consideration of request by Emory Lipscomb on behalf of 58NW, LLC to amend zoning conditions placed on ZA3285 (Eubanks & Gibson Investments, LLC) – AZ150037 – District #4) to the first Regular Meeting agenda following a decision by the County Attorney and the Director of Planning & Community Development regarding the vested rights decision. Motion carried unanimously.

NEW BUSINESS

There was a motion by Commissioner Swope and a second by Commissioner Mills to postpone New Business, Item #1C (Ashton Atlanta Residential, LLC, ZA3812, A1 to RES3 – District #2) to the Regular Meeting/Public Hearings of March 2, 2017. Motion carried unanimously.

Chairman Levent announced that he would be recused from any discussion/vote on New Business, Item #1D and New Business, Item #1E. The meeting was turned over to Vice Chairman Swope.

There was a motion by Commissioner Amos and a second by Commissioner Semanson to postpone New Business, Item #1D (Glenn Levent, ZA3816, A1 to HB with a Conditional Use Permit for a night watchman residence and proposed office buildings with 15 parking spaces and the following variances: (1) variance to reduce the zoning buffer abutting A1 property from 40 ft. to 0 ft. along the eastern property boundary (UDC Table 12.2); (2) variance to reduce the zoning setback abutting A1 property from 50 ft. to 5 ft. along the eastern property boundary (UDC Table 12.2); and (3) variance to reduce the zoning buffer abutting the City of Milton (AG-1) property from 40 ft. to 20 ft. along the western boundary (UDC Table 12.2) – District #3) to the Regular Meeting of March 16, 2017. Motion carried with four members in favor (Swope, Semanson, Amos and Mills) and one member recused (Levent).

There was a motion by Commissioner Amos and a second by Commissioner Mills to postpone New Business, Item #1E (Glenn Levent, ZA3818, A1 to M1 for proposed office/warehouse buildings with 22 parking spaces and the following variances: (1) variance to reduce the zoning buffer from 60 ft. to 20 ft. along the western boundary (UDC Table 14.2); (2) variance to reduce the required setback abutting A1 property from 75 ft. to 50 ft. along the eastern boundary (UDC Table 14.2); and, (3) variance to reduce the zoning buffer abutting A1 property from 60 ft. to 40 ft. along the eastern boundary (UDC Table 14.2) – District #3) to the Regular Meeting of March 16, 2017. Motion carried with four members in favor (Swope, Semanson, Amos and Mills) and one member recused (Levent).

The meeting was turned back over to Chairman Levent.

There was a motion by Commissioner Levent and a second by Commissioner Mills to postpone New Business, Item #1B (Meritage Homes of Georgia, Inc., ZA3791, A1 and CBD to MPD with a variance to reduce the commercial component from 25% to 6% (UDC 20B-2.2 – District #3) to the Regular Meeting of March 16, 2017. Motion carried unanimously.

There was a motion by Commissioner Amos and a second by Commissioner Swope to postpone New Business, Item #3 (Discussion of Development at McGinnis Ferry and Tidwell) to the Work Session of February 21, 2017. Motion carried unanimously.

ADMINISTRATIVE HEARING

There was a motion by Commissioner Levent and a second by Commissioner Amos to postpone Administrative Hearing, Item #1 (Administrative Hearing in reference to a violation(s) of the Massage and Spa Ordinance for Healing Touch Enterprises, LLC d/b/a Healing Touch – Named Licensee is Jeoung G. Shin – L201600251 – District #2) to the Regular Meeting of March 16, 2017. Motion carried unanimously.

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

UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:

None

UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:

Robert Brown
Leroy Herman, Sr.
Carter Patterson

UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:

(1) Special Called Meeting & Executive Session of February 2, 2017

There was a motion by Commissioner Mills and a second by Commissioner Semanson to adopt the minutes of the Special Called Meeting & Executive Session of February 2, 2017. Motion carried unanimously.

(2) Regular Meeting/Public Hearings of February 2, 2017

There was a motion by Commissioner Mills and a second by Commissioner Semanson to adopt the minutes of the Regular Meeting/Public Hearings of February 2, 2017. Motion carried unanimously.

(3) Work Session & Executive Session of February 7, 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 February 7, 2017. Motion carried unanimously.

CONSENT AGENDA

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

(1) Adoption of Resolutions authorizing Affidavits concerning the Executive Sessions of February 2, 2017 and February 7, 2017

(2) Acceptance of Right of Way as County maintained with a speed limit of 35 MPH on Chamblee Gap Road and all other dedicated property and property rights as shown on subdivision plat for Mountain Crest, Phase 1 recorded in Plat Book 164, Pages 51-72, Forsyth County, Georgia Records – District #1 – Director of Engineering

(3) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Beckham Street and all other dedicated property and property rights as shown on subdivision plat for Daves Creek Reserve, Phase 2B recorded in Plat Book 164, Pages 42-47, Forsyth County, Georgia Records – District #3 – Director of Engineering

(4) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Bristlecone Pine Way, Autrian Pine Court, Lacebark Pine Court and all other dedicated property and property rights as shown on subdivision plat for Westerleigh Commons, Phase 1 recorded in Plat Book 163, Pages 225-231, Forsyth County, Georgia Records – District #1 – Director of Engineering – Postponed to Regular Meeting/Public Hearings of March 2, 2017

(5) Adoption of Resolution to correct scrivener’s error in February 2, 2017 Resolution to amend the Code of Forsyth County, Georgia, Chapter 47 – Impact Fees – County Attorney

(6) Board ratification of the following items that were discussed and unanimously voted on at a Work Session held on February 7, 2017:

(A) Board authorization to proceed with offering the same Employee Appreciation Effort for 2017 as previously offered last year regarding fair tickets – County Manager/Director of Communications

(B) Board approval to award Bid 16-158-3150 for construction of turn lanes on S.R.53 at Dogwood Path to Colwell Construction Company, Inc. in the amount of $874,101.72 – Procurement Director

(C) Board approval to award Bid C17-04-1500 for the purchase of nine (9) new Ford F-150’s and one (1) new Ford F-250 for the Water & Sewer Department and the Engineering Department to Billy Howell Ford in the amount of $237,300.00 – Procurement Director

(D) Board approval to award Bid C17-01-5211 for the purchase of five (5) 2017 Ford F-150’s and two (2) 2017 Ford Transit Passenger Vans for the Parks & Recreation Department to Billy Howell Ford in the amount of $186,225.00 – Procurement Director

(E) Board approval of Moreland Altobelli’s Work Authorization to proceed with the Right of Way Negotiations for SR 369 Widening/Interchanges Project – Director of Engineering

(F) Board approval to proceed with a County-initiated down-zoning from RES3 to A1 for Tax Parcel 117-017 (Owner: Loyd Pendley) – Mills/Swope

(G) Board approval of resolutions to quitclaim property interests in connection with the intersection project at SR 369, Old Federal Road, and Mt. Tabor Road as follows: (County Attorney)

(i) 0.022 acres of fee simple right of way and 6,976.48 square feet of permanent drainage easement (Parcel 5 – Bannister Creek #2, LLC)

(ii) 694.60 square feet of permanent drainage easement (Parcel 6 – Henry B. Garmon)

(H) Board ratification of settlement agreement between Amanda Funkhouser and Forsyth County and the Forsyth County Sheriff – County Attorney

Motion carried unanimously.

UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:

(1A) Public Hearing and consideration of Alcohol License for Maki Sushi, LLC, Named Licensee is Min Suk Lee, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL170720 – District #3

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

Speaking in favor:
Min Suk Lee
Kristine Choi

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 Levent and a second by Commissioner Swope to approve the request for the issuance of an Alcohol License by Maki Sushi, LLC, Named Licensee is Min Suk Lee, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises (AL170720). Motion carried unanimously.

(1B) Public Hearing and consideration of Alcohol License for Brooke Roe, LLC d/b/a Pinspiration, Named Licensee is Brooke Roe, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL170728 – District #3

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

Speaking in favor:
Tiffany Rudgear

Speaking in opposition:
None

There was a motion by Commissioner Levent 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 Mills to postpone this item to the Regular Meeting of March 16, 2017 for an additional Public Hearing. Motion carried unanimously.

(1C) Public Hearing and consideration of Alcohol License for KBJ Nido, LLC d/b/a Nido Café, Named Licensee is James A. Crawford, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL170729 – District #3

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

Speaking in favor:
James Crawford

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 Levent and a second by Commissioner Swope to approve the request for the issuance of an Alcohol License by KBJ Nido, LLC d/b/a Nido

Café, Named Licensee is James A. Crawford, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises (AL170729). Motion carried unanimously.

(2) Public Hearing and consideration of request by HZ, Inc., d/b/a Village Italian to add Distilled Spirits for Consumption on the Premises to an existing license to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – Named Licensee is David Datlof – AL170701 – District #3

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

Speaking in favor:
David Datlof

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 Levent and a second by Commissioner Swope to approve the request by HZ, Inc., d/b/a Village Italian to add Distilled Spirits for Consumption on the Premises to an existing license to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – Named Licensee is David Datlof (AL170701). Motion carried unanimously.

(3A) Public Hearing and consideration of 2017 Pawn Shop License renewal for Eagle Pawn & Jewelry, LLC – Named Licensee is Stephen Jensen – PW170005 – District #1

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

No one spoke in favor or opposition.

There was a motion by Commissioner Levent 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 Mills to approve the 2017 Pawn Shop License renewal for Eagle Pawn & Jewelry, LLC – Named Licensee is Stephen Jensen – PW170005. Motion carried unanimously.

(3B) Public Hearing and consideration of 2017 Pawn Shop License renewal for Five Star Pawn, Inc. – Named Licensee is Joel Sean Smith – PW170002 – District #1

There was a motion by Commissioner Mills and a second by Commissioner Swope 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.

There was a motion by Commissioner Amos and a second by Commissioner Mills to approve the 2017 Pawn Shop License renewal for Five Star Pawn, Inc. – Named Licensee is Joel Sean Smith – PW170002. Motion carried unanimously.

(3C) Public Hearing and consideration of 2017 Pawn Shop License renewal for Auto Cash of Buford Drive, LLC – Named Licensee is Judson S. Browne – PW170026 – District #5

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

Speaking in favor:
Jeff Thomas

Speaking in opposition:
None

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 Semanson and a second by Commissioner Levent to approve the 2017 Pawn Shop License renewal for Auto Cash of Buford Drive, LLC – Named Licensee is Judson S. Browne – PW170026. Motion carried unanimously.

(3D) Public Hearing and consideration of 2017 Pawn Shop License renewal for Auto Cash of Coal Mountain, LLC – Named Licensee is Judson S. Browne – PW170028 – District #4

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

No one spoke in favor or opposition.

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

There was a motion by Commissioner Mills and a second by Commissioner Swope to approve the 2017 Pawn Shop License renewal for Auto Cash of Coal Mountain, LLC – Named Licensee is Judson S. Browne – PW170028. Motion carried unanimously.

(3E) Public Hearing and consideration of 2017 Pawn Shop License renewal for Rubin Brothers of Georgia, Inc. d/b/a Rubin Brothers – Named Licensee is Harvey Rubin – PW170032 – District #3

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 Levent 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 to approve the 2017 Pawn Shop License renewal for Rubin Brothers of Georgia, Inc. d/b/a Rubin Brothers – Named Licensee is Harvey Rubin – PW170032. Motion carried unanimously.

(3F) Public Hearing and consideration of 2017 Pawn Shop License renewal for Georgia Auto Pawn, Inc. – Named Licensee is Robert I. Reich – PW170033 – District #3

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

No one spoke in favor or opposition.

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 Levent and a second by Commissioner Semanson to approve the 2017 Pawn Shop License renewal for Georgia Auto Pawn, Inc. – Named Licensee is Robert I. Reich – PW170033. Motion carried unanimously.

(3G) Public Hearing and consideration of 2017 Pawn Shop License renewal for RK & CO Luxury Lending, LLC – Named Licensee is Reza Khalaj – PW170036 – District #2

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

There was a motion by Commissioner Swope and a second by Commissioner Mills to approve the 2017 Pawn Shop License renewal for RK & CO Luxury Lending, LLC – Named Licensee is Reza Khalaj – PW170036. Motion carried unanimously.

(4) Public Hearing regarding County-initiated zoning condition amendment (AZ170001), which is a proposed condition amendment related to ZA3768, a December 15, 2016 zoning approval for Planners and Engineers Collaborative, Inc., rezoning certain property near Brannon Road from A1 and CBD to MPD. The proposed zoning amendments may address connectivity, cross-walk signalization, greenspace/open space requirements, updated MPD site concept plan, age restricted versus age targeted requirements, residential density, and design standards – District #3

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

Speaking in favor:
Josh Scoggins
Bob Meier

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 Levent and a second by Commissioner Semanson to approve the County-initiated zoning condition amendment (AZ170001), which is a proposed condition amendment related to ZA3768 (a December 15, 2016 zoning approval for Planners and Engineers Collaborative, Inc., rezoning certain property near Brannon Road from A1 and CBD to MPD) as displayed in the red-lined version of the conditions and as discussed. The final conditions read as follows:

1. There shall be no more than six (6) residential units located adjacent to the Common Park Area outlined on the excerpt drawing attached as Exhibit “G”.

2. Where practically possible, tree cover shall be preserved around proposed amenity area that is adjacent to condominium buildings; detention pond must be developed in an aesthetic manner in order to provide quality open space, which will serve as a passive recreation area.

3. The concept plan shows 44’ wide street right of way, which shall be classified as private streets. All private streets shall comply with Forsyth County Construction standards and specifications with radii and cul-de-sac sizes as shown on the MPD site plan. There shall be a 5 foot wide utility easement on both sides of the 44 foot street right of way giving a total of 54 foot wide utility easement centered on the private street shall be required. If a street is proposed for future interconnectivity to adjacent parcels, a cul-de-sac shall not be required. However, said access points shall be approved by Fire Marshall.

4. Development shall tie onto Forsyth County sewer via the existing Brannon Road pump station. Gravity sewer outfalls shall follow natural contours in order to minimize depth.

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

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

7. Any improvements to the water system required to meet fire flow or other requirements shall be done at developer’s expense.

8. A 12’’ water main shall be extended along Ronald Reagan Blvd. to connect at Brannon Road, and also connected to the existing 12’’ line in front of the adjacent church to provide a looped system.

9. There shall be no trees, fences, walls, monument signs, or other obstructions within the utility easements or R/W.

10. All development, including access and utility easements, must comply with Forsyth County Standards at the time this zoning is approved.

11. Owner/Developer shall dedicate right of way as necessary to construct required road improvements on Brannon Road and Ronald Reagan Boulevard.

12. Owner/developer shall install curb and gutter and sidewalk on Brannon Road south from proposed northwest intersection to proposed southeast intersection on Brannon Road.

RESIDENTIAL COMPONENT:

13. All utilities shall be underground.

14. The developer shall use a variety of techniques to avoid the monotonous appearance of identical homes. Such techniques may employ among others the use of differing front elevations, architectural styles, building exteriors, setbacks and other similar techniques to provide a more pleasing appearance to the subdivision.

15. There shall be a landscaped entrance with a monument type sign.

16. The Developer shall have covenants that require maintenance of the landscaped entrance area, walking trails, pocket parks and open space by a homeowners association. Membership in the homeowners association is mandatory for owners of properties subject to these covenants.

17. The following restrictions shall apply regarding façade design. For purposes of calculating façade area and required building materials, windows and doors will be excluded from such calculation:

a. Exteriors of all homes constructed on the subject property must be brick, stone, hard coat stucco, or a cement-based material such as hardi-board, with accents such as, but not limited to, copper roofing, cedar shake, a cement-based material such as hardi-board, or a combination of such materials, with such accent material not to exceed fifty percent (50%) of the front elevation. The overlap of any lap siding shall have a maximum reveal of six (6) inches. There shall be no vinyl or aluminum siding. Exterior colors shall be earth tone in nature.

b. Unless otherwise stated in these conditions, all detached homes shall include a brick and/or stone water table on all four (4) sides of each home. All water tables shall adhere to the following minimum requirements:

i. On homes with slab elevations, the water table shall cover all exposed foundations and shall be no less than eighteen (18) inches tall.

ii. On homes with basement elevations, the water table shall be no less than the height of the first-floor band board and shall cover all exposed foundation walls on all sides of the home.

18. Each townhome and ranch home in the development shall have not less than a two-car garage.

19. The project shall have a five-foot wide sidewalk along both sides of the street.

20. Pocket parks shall consist of seating such as free standing benches and gazebos, trash receptacles, bicycle racks, or fire pits.

21. Street sign fixtures and street lighting fixtures shall be decorative and shall complement the design of the homes.

22. Developer shall design, install, and landscape any detention pond located on the subject property, in accordance with Forsyth County regulations.

23. For corner lots, the landscaping along the side of the home facing the street shall be comparable to the front yard landscaping installed on other lots in the project.

24. A minimum of one front-yard tree per ranch lot is required. The tree shall be a hardwood tree with a minimum caliper of three inches and shall be planted within 15 feet of the right-of-way. Trees can be counted toward the Tree Ordinance’s required site density factor if a bond is posted for each phase of development and the bond provides adequate time for the County Arborist to verify proper tree planting.

25. There shall be a minimum thirty (30) foot wide landscape strip provided along Ronald Reagan Boulevard and Brannon Road. The landscape strip shall include the following:

a. Two rows of plantings, with colorful plantings in front of the fencing spaced in clusters. These plantings shall include herbaceous perennials, shrubs, and trees and be subject to County Arborist approval.

b. Board fences shall be installed along Ronald Reagan Boulevard and Brannon Road. Fences shall be four board style and shall consist of a minimum 1 inch thick, four (4) inch wide fence board affixed to four (4) inch posts spaces a maximum of ten (10) feet apart. The Board fences shall be a minimum of four (4) feet and a maximum of six (6) feet in height.

26. All landscape strips shall contain a minimum of one over story tree and four shrubs per fifty (50) linear feet of strip length. All proposed shrubs shall be a minimum of three-gallon container size and two (2) feet in height at the time of planting. All proposed overstory trees shall be a minimum three-inch caliper at time of planting. Trees and shrubs may be grouped or staggered and need not be evenly spaced within the strips.

27. Landscape strips shall be located outside utility easements.

28. Said requirements shall not be required in any area where the construction of the landscape strip would require the removal of mature trees as determined by the Forsyth County Arborist.

29. All landscape designs shall incorporate a minimum of forty percent (40%) evergreen plantings (tree, shrubs, and groundcovers). All landscape designs shall also incorporate a minimum of twenty-five (25%) native plant material. Such plant material must be indigenous to the Southeastern U.S. and be approved by the County Arborist.

30. Homes shall have a minimum heated floor area as described in the MPD Book.

31. The roofing material used on all townhomes and ranch 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.

32. Developer shall install a 6 foot high wooden privacy fence adjacent to map and parcel 132-005.

33. Developer shall have twenty-four (24) 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 the rezoning application was initially filed. If no LDP is sought within twenty-four (24) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with those County development standards in existence at the time of LDP application submittal.

34. The Developer shall, and has agreed to, prior to or at the time of recording a final plat, duly record with the Forsyth County Clerk of Court covenants on the property to be duly administered by the Developer, a Property Owner’s Association, or like association, which will establish that no more than 10% of the units in the residential section of the MPD may be leased at any one time.

35. Exterior elevations of the townhomes and ranch homes shall be substantially similar to the elevations attached as (Exhibits A and B). The condos shall be

substantially similar to the attached “Permit Set” (Exhibit C) except the elevation shall be substantially similar to (Exhibit D) as attached with balcony rails being substantially similar in design to the rendering attached as (Exhibit E).

36. All plantings will follow the County Tree Ordinance and the County Arborist signing off.

37. The developer shall add to the covenants that there will be no more than ten percent (10%) of all residential units rented.

38. Greenspace will be no less than twenty-percent (20%) and will comply with the Unified Development Code (UDC).

The developer will landscape at the time that they do their buffers around their project the medians in proximity to their project and will have final approval by the Department of Engineering.

COMMERCIAL COMPONENT:

39. The commercial acreage of this development shall be no less than 25% of the overall MPD acreage.

40. Any signage used for the commercial area shall be faced with brick or stone.

41. Architectural standards for the commercial area of the development shall match/complement the standards described in the MPD Book. Colors shall be earth tone in nature.

42. [No Condition 43 in list].

43. Commercial building entrances shall utilize architectural details such as canopies, overhangs, awnings, recesses, projections, display windows, moldings, integral planters or wing walls that incorporate landscaped or sitting areas.

44. Animated, automated or flashing signs are prohibited.

45. Retaining walls, if present, shall be faced with brick, natural or synthetic stone if seen from the street.

46. Sidewalks and walking paths shall be present as indicated on the site plan and master development plan throughout as well as between the residential and commercial areas.

47. The following uses shall not be permitted on the subject property:

a. Convenience stores, with or without gasoline pumps;
b. 24 hour businesses;
c. Bars, lounges or night clubs not to preclude restaurants such as, but not limited to, Applebee’s from serving alcohol;
d. Hotels or motels;
e. Theaters;
f. Electronic game playing centers;
g. Adult entertainment centers;
h. Adult novelty stores;
i. Pawn shops;
j. Pool halls;
k. Tattoo parlors;
l. Car dealerships;
m. Motorized vehicle businesses.

48. Developer shall install a gated entrance to separate vehicular access to the commercial portion of the property from the residential portion of the development.

49. The access on to Brannon Road shall be limited to exit only with it being a right turn out only.

50. The Developer shall impose a deed restriction on the commercial portion of the property such as will restrict that property’s use to only a dedicated commercial use and that any covenants applicable to the MPD development shall provide that that portion of the property designated as commercial on the zoning concept plan for ZA3768 shall remain dedicated to commercial use, and that a right to enforce the preservation of that property as a commercial use shall lie with all individuals and entities bound by the covenants. Said deed restriction shall be recorded prior to the issuance of any residential building permit. Finally, the site plan to be used for marketing or selling purposes shall reflect the designated commercial area on the site such that those acquiring properties in the development will reasonably rely on that commercial area as an inducement to purchase, with all of the attendant rights such inducement shall provide.

51. Developer shall have twenty-four (24) 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 the rezoning application was initially filed. If no LDP is sought within twenty-four (24) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with those County development standards in existence at the time of LDP application submittal.

52. There shall be a minimum thirty (30) foot wide landscape strip provided along Ronald Reagan Boulevard and Brannon Road. The landscape strip shall include the following:

a. Two rows of plantings, with colorful plantings in front of the fencing spaced in clusters. These plantings shall include herbaceous perennials, shrubs, and trees and be subject to County Arborist approval.

b. Board fences shall be installed along Ronald Reagan Boulevard and Brannon Road. Fences shall be four board style and shall consist of a minimum 1 inch thick, four (4) inch wide fence board affixed to four (4) inch posts spaces a maximum of ten (10) feet apart. The Board fences shall be a minimum of four (4) feet and a maximum of six (6) feet in height.

53. Developer shall install cross-walk signals at the location shown on the Master Site Plan attached hereto as Exhibit “F”.

54. The Master Site Plan attached hereto as Exhibit “F” shall govern the project with the development substantially conforming thereto.

55. All of the homes and condominiums located on the north side of Ronald Reagan Boulevard shall be (“senior”) age restricted in accordance with Federal law, to include pertinent Housing and Urban Development (“HUD”) requirements.

56. Developer shall provide necessary land for construction of a sidewalk connecting the development to South Forsyth High School and will contribute $25,000 for construction of same. Funds shall be tendered prior to any CO’s being issued. Forsyth County shall fund any remaining balance for sidewalk improvement by Impact Fees if appropriate.

Motion carried unanimously.

(5) Public Hearing and Board consideration of a County-initiated zoning condition amendment (AZ170002) related to ZA3199, Franklin Goldmine, LLC (now REO Funding Solutions II, LLC) related to amending (via deletion) of zoning condition 20 that authorized a 10,000 sq.ft. minimum lot size - District #1

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

Speaking in favor:
Scott Grogan
Emory Lipscomb (in favor of a compromise proposal)

Speaking in opposition:
None

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

A site plan was displayed which is the site plan of record.

There was a motion by Commissioner Amos and a second by Commissioner Semanson to approve the County-initiated zoning condition amendment (AZ170002) related to ZA3199, Franklin Goldmine, LLC (now REO Funding Solutions II, LLC) as displayed in the red-lined version of the conditions and that the approval is site plan specific (as displayed). The final condition reads as follows:

Modify Condition #20 to read as follows: The minimum lot size shall be 10,000 square feet, but the average lot size shall be 14,000 square feet. The development shall be site plan specific to the site plan presented and displayed at the February 16, 2017 Board of Commissioner’s meeting. The maximum number of lots shall be 95.

Motion carried unanimously.

UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:

Susan Sanner
Jessica Owens
Eric Bott
Rene Guidry
Robert Hoyt

UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

(1) Board consideration of Comprehensive Plan Transmittal to the state for regional review

There was a motion by Commissioner Levent and a second by Commissioner Semanson to postpone the consideration of the Comprehensive Plan Transmittal to the state for regional review to the Regular Meeting/Public Hearings of March 2, 2017. Motion carried unanimously.

(2) Board consideration of request by Emory Lipscomb on behalf of 58NW, LLC to amend zoning conditions placed on ZA3285 (Eubanks & Gibson Investments, LLC) – AZ150037 – District #4 – Due to applicant’s request for a vested rights determination, this item was postponed to the first Regular Meeting agenda following a decision by the County Attorney and the Director of Planning & Community Development regarding the vested rights decision

(3) Board consideration of a Settlement Agreement between Forsyth County and Gresham, Smith & Partners (LP) regarding contractual dispute over Old Atlanta Road Phases 4 & 5 and McFarland/Shiloh Road Sidewalk Project

There was a motion by Commissioner Levent and a second by Commissioner Amos to approve the Settlement Agreement between Forsyth County and Gresham, Smith & Partners (LP) regarding contractual dispute over Old Atlanta Road Phases 4 & 5 and McFarland/Shiloh Road Sidewalk Project. Motion carried unanimously.

UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

(1A) Sumalatha Satoor and Sailak, LLC, CP160010, issuance of a Conditional Use Permit for the purpose to build a religious facility (temple) with 109 parking spaces and a priest residence on property currently zoned R2R – District #5

There was a motion by Commissioner Semanson and a second by Commissioner Amos to deny the request by Sumalatha Satoor and Sailak, LLC, CP160010, issuance of a Conditional Use Permit for the purpose to build a religious facility (temple) with 109 parking spaces and a priest residence on property currently zoned R2R for the following reasons:

1. This intensive use is inappropriate for development within a residential subdivision;

2. This intensive use is inconsistent with the existing use and zoning of nearby properties;

3. This intensive use will significantly burden adjoining and nearby properties;

4. This intensive use will significantly burden the value of adjoining and nearby properties;

5. This intensive use is prohibited by applicable covenants;

6. This intensive use will burden traffic and roadway safety;

7. The intensive use is inappropriate and inconsistent with other general and special considerations in Section 8-5.5(F)(2)(a) and (b) of the Unified Development Code; and,

8. The Planning Commission unanimously recommended denial.

Motion carried unanimously.

(1B) Meritage Homes of Georgia, Inc., ZA3791, A1 and CBD to MPD with a variance to reduce the commercial component from 25% to 6% (UDC 20B-2.2 – District #3 – Postponed to Regular Meeting of March 16, 2017

(1C) Ashton Atlanta Residential, LLC, ZA3812, A1 to RES3 – District #2 – Postponed to Regular Meeting/Public Hearings of March 2, 2017

(1D) Glenn Levent, ZA3816, A1 to HB with a Conditional Use Permit for a night watchman residence and proposed office buildings with 15 parking spaces and the following variances: (1) variance to reduce the zoning buffer abutting A1 property from 40 ft. to 0 ft. along the eastern property boundary (UDC Table 12.2); (2) variance to reduce the zoning setback abutting A1 property from 50 ft. to 5 ft. along the eastern property boundary (UDC Table 12.2); and (3) variance to reduce the zoning buffer abutting the City of Milton (AG-1) property from 40 ft. to 20 ft. along the western boundary (UDC Table 12.2) – District #3 – Postponed to Regular Meeting of March 16, 2017

(1E) Glenn Levent, ZA3818, A1 to M1 for proposed office/warehouse buildings with 22 parking spaces and the following variances: (1) variance to reduce the zoning buffer from 60 ft. to 20 ft. along the western boundary (UDC Table 14.2); (2) variance to reduce the required setback abutting A1 property from 75 ft. to 50 ft. along the eastern boundary (UDC Table 14.2); and, (3) variance to reduce the zoning buffer abutting A1 property from 60 ft. to 40 ft. along the eastern boundary (UDC Table 14.2) – District #3 – Postponed to Regular Meeting of March 16, 2017

(1F) 4087 Post Sosebee, LLC, ZA3822, A1 to RES3 – District #1

There was a motion by Commissioner Amos and a second by Commissioner Swope to approve the rezoning request by 4087 Post Sosebee, LLC, ZA3822, A1 to RES3 with the conditions as displayed in the red-lined version of the conditions. The final conditions read as follows:

1. Owner/Developer shall dedicate right-of-way 40’ from centerline on Roper Road as part of site development or as required for road improvement as determined by Forsyth County Department of Engineering.

2. Development shall tie onto Forsyth County Sewer system by gravity. Gravity sewer outfalls shall follow natural contours and waterways 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 or sewer systems required to meet fire flow or other requirements shall be done at developer’s expense.

6. There shall be no trees, fences, walls, monument signs, or other obstructions within the utility easement or right of way.

7. All utilities shall be underground.

8. 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.

9. There shall be a landscaped entrance with a monument type sign.

10. Membership in a homeowners association shall be required for the maintenance of the landscaped entrance area.

11. Maximum number of lots is 30.

12. 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.

13. The project shall have a five foot sidewalk along one side of each street.

14. Stormwater ponds shall be screened from view from all existing and proposed roads. If the location of the pond is not sufficient for screening, then adequate space will be provided for the installation of a landscape screen. A fence alone, if required, shall not qualify as adequate screening.

15. Street sign fixtures, street lighting fixtures and mailboxes shall be decorative and shall complement the design of the homes.

16. For corner lots, the landscaping along the side of the home facing the street shall be comparable to the front yard landscaping installed on other lots in the project.

17. All homes shall include a minimum eave of 12 inches.

18. A minimum of one front-yard tree per lot is required. The tree shall be a hardwood tree with a minimum caliper of three inches and shall be planted within 15 feet of the right-of-way.

19. A minimum of 50% of the homes shall include a front façade that is 50% or greater brick, stone, stucco or shake siding with the remainder of the materials being HardiePlank Fiber Cement Lap Siding or another similar product. The remaining homes shall include a front façade that is 30% or greater brick, stone, stucco, or shake siding with the remainder of the materials being HardiePlank Fiber Cement Lap Siding or another similar product.

20. Homes shall have a minimum heated floor area of 2,000 square feet.

21. There shall be a landscape strip and fence along Hyde Road that meets or exceeds the “Shiloh Road Overlay” requirements as outlined in the current edition as of this date of the Forsyth County Unified Development Code. Said requirements shall not be required in any area where the construction of the landscape strip would require the removal of mature trees as determined by the Forsyth County Arborist.

22. All homes shall include a brick and or stone water table on all (4) sides of each home. All water tables shall adhere to the following minimum requirements.

23. On homes with slab elevations, the water table shall cover all exposed foundations and shall be no less than (18) inches tall.

24. On homes with basement elevations, the water table shall be no less than the height of first floor band board and shall cover all exposed foundation walls on all sides of the house.

25. 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.

26. There shall be a 25 foot buffer along the northern boundary of the subject property adjacent to Tallantworth Subdivision. Said buffer may be graded and replanted to Forsyth County Buffer Standards.

27. Minimum lot width of 80 feet.

28. The developer will grade only when necessary for streets, drainage, utilities, home site and amenity construction. There shall be no mass grading.

29. The landscape strip shall contain an undulating berm ranging in height from 2’ to 4’ in height along its entire length of Hyde Road.

30. Developer shall have twelve (12) 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 the rezoning application was initially filed. If no LDP is sought within twelve (12) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with those County development standards in existence at the time of LDP application submittal.

31. Building setback on Hyde Road shall be 75 feet from right away.

32. That there be a sidewalk on one side of each street in the subdivision.

33. The average lot size will be 18,500 square feet.

Motion carried unanimously.

(2) Board consideration and appointment of member to the Board of Assessors representing Commission District #5

There was a motion by Commissioner Semanson and a second by Commissioner Amos to appoint Gerald Sullivan as a member to the Board of Assessors representing Commission District #5. Motion carried unanimously.

(3) Discussion of Development at McGinnis Ferry and Tidwell – This item was moved to the Work Session of February 21, 2017

(4) Board consideration and possible ratification of an agreement for Sale of Realty between Ralph Gravitt, Marilyn Durand, and Brenda Gravitt and Forsyth County, related to the County’s acquisition of 1.719 acres, tax parcel 268-049, for $225,000

There was a motion by Commissioner Amos and a second by Commissioner Swope to approve the agreement for Sale of Realty between Ralph Gravitt, Marilyn Durand, and Brenda Gravitt and Forsyth County, related to the County’s acquisition of 1.719 acres, tax parcel 268-049, for $225,000. Motion carried unanimously.

UNDER ADMINISTRATIVE HEARING THE FOLLOWING ACTIONS WERE TAKEN:

(1) Administrative Hearing in reference to a violation(s) of the Massage and Spa Ordinance for Healing Touch Enterprises, LLC d/b/a Healing Touch – Named Licensee is Jeoung G. Shin – L201600251 – District #2 – Postponed to Regular Meeting of March 16, 2017

There was a motion by Commissioner Mills and a second by Commissioner Swope 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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