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FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARINGS
JUNE 7, 2012
On Thursday, June 7, 2012 at 5:02 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: Jim Boff Chairman, Patrick B. Bell Vice Chairman, Todd Levent Secretary, Brian R. Tam Member, Doug Derrer County Manager, Chris Hamilton Jarrard & Davis and Sonya Bush Clerk.
Commissioner Amos was absent.
AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, JUNE 7, 2012 @ 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) Regular Meeting of May 17, 2012
(2) Work Session and Executive Session of May 22, 2012
(3) Special Called Meeting of May 24, 2012
VII. Consent Agenda:
(1) Adoption of Resolution authorizing Affidavit concerning Executive Session of May 22, 2012.
(2) Ratification of the following items that were discussed and unanimously approved at a Work Session held on May 22, 2012:
(A) Board authorization to proceed with Public Hearings regarding modifications to the Forsyth County Solid Waste Ordinance (Ordinance #84) Manager of Environmental Programs/County Attorney.
(B) Board authorization to proceed with Public Hearings regarding modifications to the Forsyth County Sign Ordinance (Ordinance #74) Director of Planning & Community Development.
VIII. Public Hearings:
(1) Request approval of Alcohol Licenses as follows: (Director of Planning & Community Development)
(A) Patloc, LLC d/b/a Local Kitchen & Tap, Named Licensee is Michael J. Patota, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises AL120565 District #2
(B) Mexicano Grill, Inc. d/b/a Fresh Mexicano Grill, Named Licensee is Yhan J. Moreno, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises AL120566 District #2
(C) Resh Nik, LLC d/b/a Liquor, Named Licensee is Sonia Mir, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine by the Package AL120567 District #2
(2) Second reading of proposed amendments to the Forsyth County Records Retention Ordinance (Ordinance #90) specifically to update to the 2010 Records Retention Schedules promulgated by the Secretary of State, Division of Archives and History County Attorney.
(The first Public Hearing was held 05/03/12).
(3) First reading of proposed modifications to the Forsyth County Alcohol Ordinance (Ordinance #68) regarding sanctions for employee sales permits County Attorney.
(4) First reading of proposed modifications to the Forsyth County Alcohol Ordinance (Ordinance #68) regarding discounted drink sales County Attorney.
(5) First reading of proposed modifications to the Forsyth County Sign Ordinance (Ordinance #74) regarding banners, nonconforming signs, monument signs as well as signage lighting in residential zoning districts Director of Planning & Community Development.
(6) Proposed modifications to the Forsyth County Unified Development Code (UDC) regarding Chapter 16, Accessory Structures in residential districts - Director of Planning & Community Development.
(The Planning Commission held a Public Hearing on March 7, 2012 and again on April 24, 2012).
(7) Request by SR Companies, LLC for a variance to the Forsyth County Unified Development Code (UDC), Table 11.2(b) to allow lots 12, 13, 18, 19 and 20 in The Gables at Stoney Point Subdivision to have front yard setbacks of 20 feet instead of the required 30 feet VA120022 District #2 Director of Planning & Community Development.
(8) Request by Jeramy Ragsdale to amend zoning conditions placed on ZA3450 (Outer Marker Properties, LLC) AZ120007 - District #2 Director of Planning & Community Development.
(9) Request by Rochester & Associates, Inc. for approval of a Sketch Plat for 13 residential lots on 71.07 acres currently zoned R2R SP110004 - District #5 Director of Planning & Community Development.
(10) County initiated request to rezone property owned by James S. Mashburn Trust and Mashburn Farms, L.P., ZA3595, from RES4 to RES6 (Map 252, Parcel 010) District #4 Director of Planning & Community Development.
(Postponed from 05/03/12 Agenda Commissioner Amos recused).
(11) County initiated request to rezone property owned by Jeff Cross, ZA3596, from A1 to NS (Map 119, Parcel 014) District #4 Director of Planning & Community Development.
IX. Old Business:
None
X. New Business:
(1) Request approval of General Release and Settlement Agreement between James S. Mashburn Trust and Mashburn Farms, L.P. and Buckhorn Ventures, L.L.C. and Forsyth County County Attorney.
XI. Administrative Hearings:
(1) Administrative Hearings in reference to violations to the Forsyth County Alcohol Ordinance as follows: (Director of Planning & Community Development/County Attorney)
(A) Thunderbird Lanes, LLC d/b/a Stars and Strikes located @ 133 Merchants Square, Cumming District #1:
(i) Administrative Hearing for Casey M. Canouse, Named Employee
(Postponed from 04/05/12 Agenda).
(B) Cork & Barrel, Inc. d/b/a Cork & Barrel located @ 5525 Bannister Road, Cumming District #4:
(i) Administrative Hearing for Austin Wehunt, Named Employee
(Postponed from 05/03/12 Agenda).
(ii) Administrative Hearing for Hunter Wehunt, Named Licensee
(Postponed from 05/03/12 Agenda).
(C) El Porton of Midway, Inc. d/b/a El Porton Mexican Restaurant #13 located @ 4902 Atlanta Highway, Alpharetta District #3:
(i) Administrative Hearing for Laura Stallings, Named Employee
(ii) Administrative Hearing for Rafael Munoz, Named Licensee
(D) War Hill Investments, Inc. d/b/a Noors Mini Mart located @ 8585 Browns Bridge Road, Gainesville District #4:
(i) Administrative Hearing for Noor Jan, Named Licensee
(E) KIS Investments, Inc. d/b/a Quick Stop #1 located @ 2383 Canton Highway, Cumming District #1:
(i) Administrative Hearing for Srinivas Varaganti, Named Licensee
(2) Administrative Hearing involving the Amelia Bay Company appeal of Notice of Violation and appeal of Cease and Desist Order related to the Forsyth County Sewer Use Ordinance County Attorney.
XII. Recess Regular Meeting
XIII. Executive Session if Needed
XIV. Adjournment
Chairman Boff recognized a quorum and called the meeting to order.
The Invocation and Pledge of Allegiance were given by Chairman Boff.
The Board also observed a moment of silence in honor of Veterans.
ADOPTION OF AGENDA
CONSENT AGENDA
There was a motion by Commissioner Bell and a second by Commissioner Tam to move Consent Agenda, Item #2A (Board authorization to proceed with Public Hearings regarding modifications to the Forsyth County Solid Waste Ordinance - Ordinance #84) to New Business, Item #2. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
PUBLIC HEARINGS
There was a motion by Commissioner Bell and a second by Commissioner Tam to postpone Public Hearing, Item #10 (County initiated request to rezone property owned by James S. Mashburn Trust and Mashburn Farms, L.P., ZA3595, from RES4 to RES6 (Map 252, Parcel 010) District #4) to the Regular Meeting/Public Hearings of July 5, 2012 at the request of Chris Hamilton. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
NEW BUSINESS
There was a motion by Commissioner Bell and a second by Commissioner Tam to postpone New Business, Item #1 (Request approval of General Release and Settlement Agreement between James S. Mashburn Trust and Mashburn Farms, L.P. and Buckhorn Ventures, L.L.C. and Forsyth County) to the Regular Meeting/Public Hearings of July 5, 2012 for a Public Hearing at the request of Chris Hamilton. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
The County Manager requested clarification if New Business, Item #1 was being postponed for a Public Hearing or if it would be considered under Old Business.
There was a motion by Commissioner Bell and a second by Commissioner Boff to postpone New Business, Item #1 (Request approval of General Release and Settlement Agreement between James S. Mashburn Trust and Mashburn Farms, L.P. and Buckhorn Ventures, L.L.C. and Forsyth County) to the Regular Meeting/Public Hearings of July 5, 2012 where it will become an Old Business item. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Bell and a second by Commissioner Levent to postpone New Business, Item #2 (Board authorization to proceed with Public Hearings regarding modifications to the Forsyth County Solid Waste Ordinance - Ordinance #84) to the Work Session of June 26, 2012 for further discussion. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
ADMINISTRATIVE HEARINGS
There was a motion by Commissioner Bell and a second by Commissioner Levent to postpone Administrative Hearing, Item #2 (Administrative Hearing involving the Amelia Bay Company appeal of Notice of Violation and appeal of Cease and Desist Order related to the Forsyth County Sewer Use Ordinance) to the Regular Meeting of June 21, 2012 at the request of the appellant. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Levent and a second by Commissioner Bell to postpone Administrative Hearing, Item #1(C)(ii) (Administrative Hearing for Rafael Munoz, Named Licensee, El Porton of Midway, Inc. d/b/a El Porton Mexican Restaurant #13 located @ 4902 Atlanta Highway, Alpharetta District #3) to the Regular Meeting/Public Hearings of July 5, 2012. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Bell and a second by Commissioner Tam to postpone Administrative Hearing, Item #1(A)(i) (Administrative Hearing for Casey M. Canouse, Named Employee, Thunderbird Lanes, LLC d/b/a Stars and Strikes located @ 133 Merchants Square, Cumming District #1) to the Regular Meeting/Public Hearings of July 5, 2012. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Bell and a second by Commissioner Levent to adopt the agenda as amended. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:
Mason Lord, a recent graduate of Riverwatch Middle School, presented his speech on leadership.
Commissioner Tam read into the record and presented a Resolution of recognition and commendation to Mason Lord for his outstanding leadership and community involvement.
UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:
None
UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:
Regular Meeting of May 17, 2012
There was a motion by Commissioner Levent and a second by Commissioner Bell to adopt the minutes of the Regular Meeting of May 17, 2012. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Work Session & Executive Session of May 22, 2012
There was a motion by Commissioner Bell and a second by Commissioner Levent to adopt the minutes of the Work Session & Executive Session of May 22, 2012. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Special Called Meeting of May 24, 2012
There was a motion by Commissioner Bell and a second by Commissioner Levent to adopt the minutes of the Special Called Meeting of May 24, 2012. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
CONSENT AGENDA
There was a motion by Commissioner Bell and a second by Commissioner Tam to approve the Consent Agenda as follows:
Adoption of Resolution authorizing Affidavit concerning Executive Session of May 22, 2012.
Ratification of the following items that were discussed and unanimously approved at a Work Session held on May 22, 2012:
(A) Board authorization to proceed with Public Hearings regarding modifications to the Forsyth County Sign Ordinance (Ordinance #74) Director of Planning & Community Development.
Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:
Request for the issuance of an Alcohol License by Patloc, LLC d/b/a Local Kitchen & Tap, Named Licensee is Michael J. Patota, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises AL120565 District #2
There was a motion by Commissioner Tam and a second by Commissioner Bell to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
No one spoke in favor or opposition.
There was a motion by Commissioner Tam and a second by Commissioner Bell to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Tam and a second by Commissioner Levent to approve the request for the issuance of an Alcohol License by Patloc, LLC d/b/a Local Kitchen & Tap, Named Licensee is Michael J. Patota, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises (AL120565). Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Request for the issuance of an Alcohol License by Mexicano Grill, Inc. d/b/a Fresh Mexicano Grill, Named Licensee is Yhan J. Moreno, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises AL120566 District #2
There was a motion by Commissioner Levent and a second by Commissioner Tam to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
No one spoke in favor or opposition.
There was a motion by Commissioner Levent and a second by Commissioner Tam to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Tam and a second by Commissioner Levent to approve the request for the issuance of an Alcohol License by Mexicano Grill, Inc. d/b/a Fresh Mexicano
Grill, Named Licensee is Yhan J. Moreno, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises (AL120566). Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Request for the issuance of an Alcohol License by Resh Nik, LLC d/b/a Liquor, Named Licensee is Sonia Mir, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine by the Package AL120567 District #2
There was a motion by Commissioner Bell and a second by Commissioner Tam to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Speaking in favor:
Ethan Underwood
Speaking in opposition:
None
There was a motion by Commissioner Levent and a second by Commissioner Tam to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Tam and a second by Commissioner Levent to approve the request for the issuance of an Alcohol License by Resh Nik, LLC d/b/a Liquor, Named Licensee is Sonia Mir, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine by the Package (AL120567). Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Second reading of proposed amendments to the Forsyth County Records Retention Ordinance (Ordinance #90) specifically to update to the 2010 Records Retention Schedules promulgated by the Secretary of State, Division of Archives and History
There was a motion by Commissioner Tam and a second by Commissioner Bell to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
No one spoke in favor or opposition.
There was a motion by Commissioner Levent and a second by Commissioner Tam to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Bell and a second by Commissioner Tam to approve the amendments to the Forsyth County Records Retention Ordinance (Ordinance #90) specifically to update to the 2010 Records Retention Schedules promulgated by the Secretary of State, Division of Archives and History as presented by the County Attorney. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
First reading of proposed modifications to the Forsyth County Alcohol Ordinance (Ordinance #68) regarding sanctions for employee sales permits
There was a motion by Commissioner Levent and a second by Commissioner Tam to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
No one spoke in favor or opposition.
There was a motion by Commissioner Levent and a second by Commissioner Bell to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
A second Public Hearing is scheduled for Thursday, June 21, 2012.
First reading of proposed modifications to the Forsyth County Alcohol Ordinance (Ordinance #68) regarding discounted drink sales
There was a motion by Commissioner Levent and a second by Commissioner Tam to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
No one spoke in favor or opposition.
There was a motion by Commissioner Levent and a second by Commissioner Tam to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
A second Public Hearing is scheduled for Thursday, June 21, 2012.
First reading of proposed modifications to the Forsyth County Sign Ordinance (Ordinance #74) regarding banners, nonconforming signs, monument signs as well as signage lighting in residential zoning districts
There was a motion by Commissioner Tam and a second by Commissioner Bell to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
No one spoke in favor or opposition.
There was a motion by Commissioner Tam and a second by Commissioner Bell to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
A second Public Hearing is required.
Proposed modifications to the Forsyth County Unified Development Code (UDC) regarding Chapter 16, Accessory Structures in residential districts
There was a motion by Commissioner Tam and a second by Commissioner Levent to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Speaking in favor:
None
Speaking in opposition:
Ethan Underwood
Chester Kramarski
There was a motion by Commissioner Bell and a second by Commissioner Tam to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Tam and a second by Commissioner Boff to postpone this item to the Work Session of June 26, 2012 for further discussion. Motion carried with three members in favor (Boff, Levent and Tam), one member in opposition (Bell) and one member absent (Amos).
Request by SR Companies, LLC for a variance to the Forsyth County Unified Development Code (UDC), Table 11.2(b) to allow lots 12, 13, 18, 19 and 20 in The Gables at Stoney Point Subdivision to have front yard setbacks of 20 feet instead of the required 30 feet VA120022 District #2
There was a motion by Commissioner Tam and a second by Commissioner Bell to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Speaking in favor:
John Santander
Speaking in opposition:
None
There was a motion by Commissioner Tam and a second by Commissioner Bell to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Tam and a second by Commissioner Levent to grant a variance to the Unified Development Code (UDC), Table 11.2(b) to allow lots 12, 13, 18, 19 and 20 only in The Gables at Stoney Point Subdivision to have front yard setbacks of 20 feet (VA120022). Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Request by Jeramy Ragsdale to amend zoning conditions placed on ZA3450 (Outer Marker Properties, LLC) AZ120007 - District #2
There was a motion by Commissioner Tam and a second by Commissioner Bell to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Speaking in favor:
Alan Moise
Speaking in opposition:
None
There was a motion by Commissioner Levent and a second by Commissioner Tam to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Tam and a second by Commissioner Bell to approve the request by Jeramy Ragsdale to amend zoning conditions placed on ZA3450 (Outer Marker Properties, LLC) AZ120007 as displayed which reads as follows:
Modify Condition #16 to read: Assisted living shall not exceed 34,000 square feet in building area and have no more than 54 beds.
Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Request by Rochester & Associates, Inc. for approval of a Sketch Plat for 13 residential lots on 71.07 acres currently zoned R2R SP110004 - District #5
There was a motion by Commissioner Bell and a second by Commissioner Levent to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Speaking in favor:
Kedrick Scott
Speaking in opposition:
Cornelis Lichtveld
Jim Callison
Brian Rochester, Rochester & Associates, Inc. addressed the Board.
There was a motion by Commissioner Bell and a second by Commissioner Tam to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
See Page #14 for additional action taken on this item.
County initiated request to rezone property owned by Jeff Cross, ZA3596, from A1 to NS (Map 119, Parcel 014) District #4
There was a motion by Commissioner Bell and a second by Commissioner Levent to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
No one spoke in favor or opposition.
There was a motion by Commissioner Bell and a second by Commissioner Levent to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Bell and a second by Commissioner Levent to approve the rezoning of property owned by Jeff Cross, ZA3596, from A1 to NS (Map 119, Parcel 014) as presented. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
None
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
None
UNDER ADMINISTRATIVE HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Austin Wehunt, Named Employee, Cork & Barrel, Inc. d/b/a Cork & Barrel located @ 5525 Bannister Road, Cumming District #4
There was a motion by Commissioner Bell and a second by Commissioner Levent to open the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Deputy Alan Seabolt addressed the Board.
Austin Wehunt, Named Employee, addressed the Board.
There was a motion by Commissioner Bell and a second by Commissioner Levent to close the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Bell and a second by Commissioner Levent to suspend the Alcohol Sales Permit of Austin Wehunt for a period of 30 days beginning June 7, 2012. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Hunter Wehunt, Named Licensee, Cork & Barrel, Inc. d/b/a Cork & Barrel located @ 5525 Bannister Road, Cumming District #4
There was a motion by Commissioner Tam and a second by Commissioner Bell to open the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Hunter Wehunt, Named Licensee, addressed the Board.
There was a motion by Commissioner Bell and a second by Commissioner Levent to close the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Bell and a second by Commissioner Levent to place a warning letter in the file. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Laura Stallings, Named Employee, El Porton of Midway, Inc. d/b/a El Porton Mexican Restaurant #13 located @ 4902 Atlanta Highway, Alpharetta District #3
There was a motion by Commissioner Tam and a second by Commissioner Bell to open the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Giovanni Diaz, on behalf of Laura Stallings, addressed the Board.
There was a motion by Commissioner Levent and a second by Commissioner Tam to close the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Levent to suspend the Alcohol Sales Permit of Laura Stallings for a period of 30 days. Motion was withdrawn and restated.
There was a motion by Commissioner Levent and a second by Commissioner Bell to suspend the Alcohol Sales Permit of Laura Stallings for a period of 30 days; the employee may choose the 30 days of suspension as long as they are consecutive and must be within the next 90 days and the employee must notify the Director of Planning & Community Development with the dates by Monday, June 11. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Noor Jan, Named Licensee, War Hill Investments, Inc. d/b/a Noors Mini Mart located @ 8585 Browns Bridge Road, Gainesville District #4
There was a motion by Commissioner Tam and a second by Commissioner Bell to open the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Noor Jan, Named Licensee, addressed the Board.
There was a motion by Commissioner Bell and a second by Commissioner Levent to close the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Bell and a second by Commissioner Levent to place a warning letter in the file and that a copy be sent to Mr. Jan. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Srinivas Varaganti, Named Licensee, KIS Investments, Inc. d/b/a Quick Stop #1 located @ 2383 Canton Highway, Cumming District #1
There was a motion by Commissioner Tam and a second by Commissioner Levent to open the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Srinivas Varaganti, Named Licensee, addressed the Board.
There was a motion by Commissioner Levent and a second by Commissioner Tam to close the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Tam to postpone this item to the next meeting. Motion died due to lack of a second.
There was a motion by Commissioner Bell and a second by Commissioner Tam to place a warning letter in the file. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
The Board returned to Public Hearing, Item #9.
Request by Rochester & Associates, Inc. for approval of a Sketch Plat for 13 residential lots on 71.07 acres currently zoned R2R SP110004 - District #5
There was a motion by Commissioner Levent and a second by Commissioner Bell to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
Brian Rochester, Rochester & Associates, Inc. addressed the Board.
Jim Callison addressed the Board.
Without exception, the time was extended for 2 minutes.
Cornelis Lichtveld addressed the Board.
There was a motion by Commissioner Bell and a second by Commissioner Boff to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Boff and a second by Commissioner Bell to approve the request by Rochester & Associates, Inc. for approval of a Sketch Plat for 13 residential lots on 71.07 acres currently zoned R2R (SP110004) with the following conditions:
1. Houses to be a minimum of 2,000 heated square feet.
2. On the rear of Lot #8 there will be a rear yard building setback of 75 feet and a buffer of 25 feet. Within that 25 buffer area there will be no grading, no heavy equipment and no cutting of trees with a diameter breast height of six inches (6) or larger. Allowed to manage underbrush. Allowed to conduct activities involving limbing of trees up to the ceiling of the main level of the house projected outwards. To be recorded on the deed for Lot #8.
Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Tam and a second by Commissioner Levent to adjourn. Motion and second were withdrawn.
There was a motion by Commissioner Boff and a second by Commissioner Levent that Public Hearing, Item #9 (Request by Rochester & Associates, Inc. for approval of a Sketch Plat for 13 residential lots on 71.07 acres currently zoned R2R SP110004) is approved with the conditions previously stated as well as the conditions that were displayed. The conditions displayed read as follows:
PLANNING CONDITIONS:
1. This sketch plat is for the approval of 13 lots on 71.07 acres. Any future splits to any of the thirteen tracts will need additional approval from the Forsyth County Board of Commissioners.
WATER & SEWER CONDITIONS:
1. The development must meet fire flows of 750 gpm, or irrigation demands, or maximum ISO Needed Fire Flow, whichever is greater. All improvements to the County water system that are required to serve this development by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.
ENGINEERING CONDITIONS:
1. Developer shall dedicate right of way 25 feet from centerline on Et Cetera Lane.
2. Developer shall construct improvements as required by Department of Engineering based upon final configuration of site plan.
Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
There was a motion by Commissioner Bell and a second by Commissioner Levent to adjourn. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member absent (Amos).
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Clerk/Deputy Clerk of Commission
The above and foregoing Minutes are hereby certified as being correct and ordered
recorded.
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JIM BOFF, CHAIRMAN
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PATRICK B. BELL, VICE CHAIRMAN
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TODD LEVENT, SECRETARY
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RALPH J. AMOS, MEMBER
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BRIAN R. TAM, 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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