12/21/2006 - Board of Commissioners Regular Meeting/Public Hearings

Beazer Homes, ZA# 3322, A1 to RES-3 – District #2

There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to approve the rezoning request by Beazer Homes, ZA# 3322, A1 to RES-3 with the conditions as displayed which read as follows:

1. The development must meet fire flows of 750 gpm, or irrigation demands, whichever is greater. All improvements to the County water and sewer systems that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.

2. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.




3. All applicable zoning conditions from ZA# 2971 and ZA# 3043 shall apply to ZA# 3322, as it is a contiguous development.

4. Developer shall construct improvements as required by Department of Engineering based upon final configuration of site plan.

5. Homes shall have not less than 2400 sq. ft. of heated floor space exclusive of garages, basements and porches.

6. There shall be no more than two (2) homes built on the subject property.

7. The homes built on the subject property shall be at least three (3) sides brick, stone or stucco with accents not to exceed ten percent (10%) of a cement-based material such as, but not limited to, hardi-plank.

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 exterior, setbacks or other similar techniques to provide a more pleasing appearance to the subdivision. Exteriors of homes constructed on the subject property must be of brick, stone or a cementious material such as, but not limited to, hardi-plank.

9. There shall be a landscaped entrance with a monument type sign consistent with the requirements of the Forsyth County Sign Code. Entrance and sign shall be permitted, constructed and completed before the approval of the final plat.

10. On any internal subdivision street, sidewalks shall be required on one side of the street.

11. Developer shall have nine (9) months from the date of zoning approval to apply for the initial Land Disturbance Permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within nine (9) 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.

12. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

Motion carried unanimously.


Moss Developments, LLC, ZA# 3323, A1 to RES-2 – District #2

There was a motion by Commissioner Tam and a second by Commissioner Laughinghouse to approve the rezoning request by Moss Developments, LLC, ZA# 3323, A1 to RES-2 with the conditions as displayed which read as follows:

1. Limit the number of residential units to thirty nine.

2. Development of the site shall not vary from minimum local and state environmental protection regulations.

3. There shall be no mass grading or mass clearing on the subject property, development will be street graded only. Developer shall make a reasonable attempt to preserve trees which are not identified within the areas of houses, lawns, driveways, pools, decks, patios and walkways.

4. There shall be a 50’ building setback line along the Southwest, West and East boundaries of the subject property, within said setback on the East and West side, there shall be a 25’ undisturbed buffer, said buffer shall be supplemented with planting where sparsely vegetated in accordance with Forsyth County Buffer Standards. Along the Southwestern boundary of the subject property adjacent to and measured from the center of Bradley Trail, with said buffer to remain within the 50’ setback and no closer than 10” of the 50’building setback there shall be a 40’ undisturbed buffer within said 50’ setback.

5. The development must meet fire flows of 750 gpm, or irrigation demands, whichever is greater. All improvements to the County water and sewer systems that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.

6. Low pressure sewer is proposed to serve this property, with no easements through Creekstone Subdivision. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.

7. Developer shall dedicate right of way 40 feet from the centerline on Stoney Point Road.




8. Developer shall follow Forsyth County Road Abandonment procedures to abandon Clubland Trail, with approval of adjacent property owners.

9. Developer shall not prevent vehicular access throughout construction for the residential properties located west and south of site.

10. Developer shall construct improvements as required by Department of Engineering based upon final configuration of site plan.

11. Homes shall have not less than 3,000 sq. ft. of heated floor space exclusive of garages, basements and porches.

12. Homes shall have at minimum two-car garages.

13. The developer shall use a variety of techniques to avoid the monotonous appearance of identical homes. Such techniques may employ among others the use of differing front elevations, architectural styles, building exterior, setbacks or other similar techniques to provide a more pleasing appearance to the subdivision. Exteriors of the front and two sides of the homes constructed on the subject property must be of brick, stone or stucco with accents not to exceed 10% of a cementious material such as, but not limited to, hardi-plank. Remaining side shall be of brick, stone, stucco or a cementious material such as but not limited to hardi-plank.

14. There shall be a landscaped entrance with a monument type sign consistent with the requirements of the Forsyth County Sign Code. Entrance and sign shall be permitted, constructed and completed before the approval of the final plat.

15. On any internal subdivision street, sidewalks shall be required on one side of the street. The subdivision may be gated with private streets with the approval of and following Forsyth County Engineering guidelines. If the subdivision were to be gated with private streets, it shall have a siren activated gate with a Knox box.

16. Developer shall provide easement access to the adjacent Woodcreek Homeowner’s for future tie on to sewer service. Connection to public sewer service will be at the expense of the homeowner.

17. Developer shall upgrade pipe on Bradley Trail, to improve stormwater run-off.

18. Developer shall provide a fire hydrant on Bradley Trail.


19. Developer shall provide access to water, gas and sewer to properties on Bradley Trail. Said access will be at the Homeowner’s expense.

20. There is no variance current with this rezoning. However, the developer may in the future request a variance to the front setbacks to accommodate adjacent homeowner’s.

21. Developer shall convey Bradley Trail to the Bradley Trail HOA. There shall be no motorized access from the subdivision to Bradley Trail.

22. Developer shall have nine (9) months from the date of zoning approval to apply for the initial Land Disturbance Permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within nine (9) 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.

23. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to amend the original motion to include the following: In the event this development is developed using individual low pressure pump stations that it be conditioned that those pumps will be maintained either by the homeowner or by the Homeowners Association and not by the County unless the arrangement is not overridden by State or Federal law. Motion to amend carried unanimously.

Original motion, as amended, carried with three members in favor (Conway, Tam and Laughinghouse) and two members in opposition (Ledbetter and Richard).

Whitlow Business Interests, LLC, ZA# 3326, A1 to RES-3 with a variance to the lot width requirements – District #3

There was a motion by Commissioner Conway and a second by Commissioner Tam to approve the rezoning request by Whitlow Business Interests, LLC, ZA# 3326, A1 to RES-3 with a variance to the lot width requirements with the conditions as displayed which read as follows:

1. Water tie-ins are required from Castleberry Road to Redi Road Industrial Park, Washington Way and Ridgefair Drive.

2. Sanitary sewer shall be extended to the Stonehaven Terrace pump station in order to take the pump station out of service.


3. All proposed utilities shall meet the technical specifications and construction standards of the City of Cumming Department of Utilities.

4. Sanitary sewer capacity should be purchased at the City of Cumming Department of Utilities. Capacity is limited and is assigned by the Mayor and City Council on a case-by-case basis.

5. Developer shall dedicate right of way as shown on the approved right of way plans for Castleberry Road widening project.

6. Developer shall construct improvements as required by Department of Engineering based upon final configuration of site plan.

7. A left turn lane shall be required on Castleberry Road for the proposed development.

8. No less than fifty percent (50%) of the homes shall be no less than 2,200 square feet with the remaining homes having no less than 1,800 square feet of heated floor space exclusive of garages, porches and basements.

9. Homes shall have at minimum two-car garages.

10. There shall be no more than 328 homes on the subject property.

11. Exterior lighting fixtures shall be of a type and situated so that light is directed only downward. Fixtures shall be no more than 15 feet high and shall be designed so as to minimize light spillage to no more than 1-foot candle along the boundary of the property.

12. 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 exterior, setbacks or other similar techniques to provide a more pleasing appearance to the subdivision. Fronts of homes constructed on the subject property must be of brick, stone or stucco with accents not to exceed 20% of a cementious material such as, but not limited to, hardi-plank. Remaining three sides shall be of brick, stone, stucco or a cementious material such as but not limited to hardi plank.

13. There shall be a landscaped entrance with a monument type sign consistent with the requirements of the Forsyth County Sign Code. Entrance and sign shall be permitted, constructed and completed before the approval of the final plat.


14. There shall be a mandatory HOA that shall be responsible for maintaining the monument sign and the open spaces and amenities. Restrictive covenants shall be recorded which regulate among other things: yard maintenance, type of fencing allowed, exterior paint colors, out buildings, no mobile homes, no campers, no boats, or trailers shall be stored on exterior of property.

15. On any internal subdivision street, sidewalks shall be required on one side of the street.

16. 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 of rezoning. 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.

17. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

Motion carried with three members in favor (Conway, Tam and Ledbetter) and two members in opposition (Laughinghouse and Richard).

Michael D. Boyd, ZA# 3329, A1 to CBD – District #4

There was a motion by Commissioner Richard and a second by Commissioner Ledbetter to approve the rezoning request by Michael D. Boyd, ZA# 3329, A1 to CBD with the conditions as displayed which read as follows:

1. The following uses should not be permitted on the subject property:

(a) Automobile Sales.
(b) Convenience stores.
(c) Electronic game centers.
(d) Gas Stations.
(e) Lodging Services.
(f) Machine Shops.
(g) Pawn shops.
(h) Pool halls.
(i) Service Stations.
(j) Tattoo parlor.
(k) Theatres.



2. Development of the site shall not encroach into a forty (40) foot buffer along the north and west property lines. This buffer shall remain undisturbed.

3. The development must meet fire flows of 1500 gpm, or as approved by the Forsyth County Fire Chief or his designee, or irrigation demands, whichever is greater. All improvements to the County water system that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.

4. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.

5. Developer shall dedicate right of way of 60' from centerline of S.R. 9 (Dahlonega Hwy.).

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

7. Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.

8. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

9. Developer shall install a mixing and loading pad substantially in conformance with the design by the University of Georgia Extension service as of July 16, 1992 (See Exhibit “A”). The sump shall utilize an overhead water supply.

Motion carried unanimously.



Louis Bentley, ZA# 3330, R1 to CBD – District #2

There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to approve the rezoning request by Louis Bentley, ZA# 3330, R1 to CBD with the conditions as displayed which read as follows:

1. All landscape strips are required to contain a combination of at least two (2) of the following elements to provide a minimum of three levels of scale: vegetative ground cover, herbaceous ornamentals, and low to mid-level shrubs in addition to a combination of large canopy trees. All proposed shrubs should be a minimum of three (3) gallon size and two (2) feet high at time of planting. Strips must also include large canopy trees with total caliper measurements equivalent to a minimum of six (6) caliper inches per fifty (50) linear feet with a minimum two (2) inch caliper and eight (8) foot height required at time of installation for each tree. Tree placement may be grouped and staggered rather than following a regulated line along the road frontage. Trees shall count towards the tree density requirements as outlined in Ordinance 98 (Tree Protection and Replacement Ordinance).

2. Except for location of vehicular access to subject property developer will plant a twenty five (25) foot deep landscape strip along frontage of Highway 141.

3. The developer shall provide interconnectivity between the subject property and the parcel which abuts the subject property on the north side.

4. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water system that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.

5. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.

6. Developer shall dedicate right of way as required by GDOT for road improvements on S.R. 141 (Peachtree Parkway).



7. Proposed entrance shall be designed and constructed as a right in/right out only.

8. Developer shall construct improvements as required by Georgia DOT and/or Department of Engineering based upon final configuration of site plan.

9. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.

10. Garbage dumpster pickup shall be between 6:00 a.m. and 9:00 p.m., Monday thru Saturday.

11. Hours of operation will be no earlier than 6:00 a.m. and no later than 11:00 p.m. Sunday through Thursday and 6:00 a.m. to 12 a.m. on Friday and Saturday.

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

(a) Convenience stores, with or without gasoline pumps.
(b) Gas Stations.
(c) Bars, Lounges, or nightclubs provided this shall not preclude a restaurant such as but not limited to Applebee’s from having a bar.
(d) 24-hour businesses.
(e) Hotels or Motels.
(f) Theaters.
(g) Electronic game playing centers.
(h) Adult novelty stores.
(i) Adult entertainment centers.
(j) Pawn shops.
(k) Pool halls.
(l) Tattoo parlors.

13. All commercial building facades visible shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardi plank, may be used as accent material only, not to exceed 10% of surface area. Remainder of exterior may consist of brick, precast concrete, split block, stone, or glass. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel.

14. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.


15. No Commercial deliveries will occur between the hours of 9:00 p.m. and 7:00 a.m.

16. Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.

17. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

18. Roof installed HV/AC systems shall have acoustical screening.

19. Garbage dumpsters must be screened and located at least 100 feet from the rear of the subject property.

20. Outdoor lighting must be directed downward and unless required for security or insurance purposes is limited to fifteen (15) feet in height.

Motion carried unanimously.

Louis Bentley, ZA# 3331, R1 to CBD – District #2

There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to approve the rezoning request by Louis Bentley, ZA# 3331, R1 to CBD with the conditions as displayed which read as follows:

1. All landscape strips are required to contain a combination of at least two (2) of the following elements to provide a minimum of three levels of scale: vegetative ground cover, herbaceous ornamentals, and low to mid-level shrubs in addition to a combination of large canopy trees. All proposed shrubs should be a minimum of three (3) gallon size and two (2) feet high at time of planting. Strips must also include large canopy trees with total caliper measurements equivalent to a minimum of six (6) caliper inches per fifty (50) linear feet with a minimum two (2) inch caliper and eight (8) foot height required at time of installation for each tree. Tree placement may be grouped and staggered rather than following a regulated line along the road frontage. Trees shall count towards the tree density requirements as outlined in Ordinance 98 (Tree Protection and Replacement Ordinance).


2. Except for location of vehicular access to subject property developer will plant a twenty five (25) foot deep landscape strip along frontage of Highway 141.

3. The developer shall provide interconnectivity between the subject property and the parcel which abuts the subject property on the south side.

4. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water system that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.

5. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.

6. Developer shall dedicate right of way as required by GDOT for road improvements on S.R. 141 (Peachtree Parkway).

7. Proposed entrance shall be designed and constructed as a right in/right out only.

8. Developer shall construct improvements as required by Georgia DOT and/or Department of Engineering based upon final configuration of site plan.

9. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.

10. Garbage dumpster pickup shall be between 6:00 a.m. and 9:00 p.m., Monday thru Saturday.

11. Hours of operation will be no earlier than 6:00 a.m. and no later than 11:00 p.m. Sunday through Thursday and 6:00 a.m. to 12 a.m. on Friday and Saturday.

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

(a) Convenience stores, with or without gasoline pumps.


(b) Gas Stations.
(c) Bars, Lounges, or nightclubs provided this shall not preclude a restaurant such as but not limited to Applebee’s from having a bar.
(d) 24-hour businesses.
(e) Hotels or Motels.
(f) Theaters.
(g) Electronic game playing centers.
(h) Adult novelty stores.
(i) Adult entertainment centers.
(j) Pawn shops.
(k) Pool halls.
(l) Tattoo parlors.

13. All commercial building facades visible shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardi plank, may be used as accent material only, not to exceed 10% of surface area. Remainder of exterior may consist of brick, precast concrete, split block, stone, or glass. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel.

14. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.

15. No Commercial deliveries will occur between the hours of 9:00 p.m. and 7:00 a.m.

16. Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.

17. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

Motion carried with four members in favor (Conway, Tam, Ledbetter and Richard) and one member in opposition (Laughinghouse).




Mireeae Kim, ZA# 3332, A1 to CBD – District #2

There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to approve the rezoning request by Mireeae Kim, ZA# 3332, A1 to CBD with the conditions as displayed which read as follows:

1. All landscape strips are required to contain a combination of at least two (2) of the following elements to provide a minimum of three levels of scale: vegetative ground cover, herbaceous ornamentals, and low to mid-level shrubs in addition to a combination of large canopy trees. All proposed shrubs should be a minimum of three (3) gallon size and two (2) feet high at time of planting. Strips must also include large canopy trees with total caliper measurements equivalent to a minimum of six (6) caliper inches per fifty (50) linear feet with a minimum two (2) inch caliper and eight (8) foot height required at time of installation for each tree. Tree placement may be grouped and staggered rather than following a regulated line along the road frontage. Trees shall count towards the tree density requirements as outlined in Ordinance 98 (Tree Protection and Replacement Ordinance).

2. Except for location of vehicular access to subject property developer will plant a twenty five (25) foot deep landscape strip along frontage of Highway 141.

3. The building located on the west side of the stream shall be limited to that size which is permitted in the Neighborhood Shopping zoning district (NS).

4. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water system that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.

5. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.

6. Developer shall dedicate right of way as required by GDOT for road improvements on S.R. 141 (Peachtree Parkway).



7. Proposed entrance shall be designed and constructed as a right in/right out only.

8. Developer shall construct improvements as required by Georgia DOT and/or Department of Engineering based upon final configuration of site plan.

9. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.

10. Hours of operation will be no earlier than 6:00 a.m. and no later than 11:00 p.m. Sunday through Thursday and 6:00 a.m. to 12 a.m. on Friday and Saturday. The building located on the west side of the stream shall have hours of operation from 6:00 a.m. to 9:00 p.m. Monday through Saturday.

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

(a) Convenience stores, with or without gasoline pumps.
(b) Gas Stations.
(c) Bars, Lounges, or nightclubs provided this shall not preclude a restaurant such as but not limited to Applebee’s from having a bar.
(d) 24-hour businesses.
(e) Hotels or Motels.
(f) Theaters.
(g) Electronic game playing centers.
(h) Adult novelty stores.
(i) Adult entertainment centers.
(j) Pawn shops.
(k) Pool halls.
(l) Tattoo parlors.

12. All commercial building facades visible shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardi plank, may be used as accent material only, not to exceed 10% of surface area. Remainder of exterior may consist of brick, precast concrete, split block, stone, or glass. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel.

13. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.



14. No Commercial deliveries or garbage pick-up will occur between the hours of 9:00 p.m. and 6:00 a.m.

15. Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.

16. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

17. Along the zoning buffer on the western boundary of the property, Developer shall install an evergreen screen, consisting of six-foot (6’) tall cyptomeria or Leyland Cypress, planted approximately ten (10) feet apart on center.

18. The developer shall provide inter-parcel access between the subject property and the parcel adjacent to the north side of the subject property (Tax Parcel ID# 109-023).

Motion carried with three members in favor (Conway, Tam and Ledbetter) and two members in opposition (Laughinghouse and Richard).

Cain Boat Storage, ZA# 3333, LR to CBD with a Conditional Use Permit for open storage to allow the proposed use/development of boat and camper trailer storage – District #4

There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to approve the rezoning request by Cain Boat Storage, ZA# 3333, LR to CBD with a Conditional Use Permit for open storage to allow the proposed use/development of boat and camper trailer storage with the conditions as displayed which read as follows:

1. This application for zoning shall be an expanded use, combined with the existing boat storage. If this use changes, approval by the Board of Commissioners would be required.

2. The development must meet fire flows of 1500 gpm, or as approved by the Forsyth County Fire Chief or his designee, or irrigation demands, whichever is greater. All improvements to the County water system that are required to serve this development, as determined by the Forsyth

County Water and Sewer Department, shall be designed and constructed at the expense of the developer.

3. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.

4. Developer shall dedicate right of way of 60' from centerline of S.R. 369 (Browns Bridge Road) and additional right of way as may be required for the S.R. 369/Waldrip Road intersection improvement project. Contact Moreland Altobelli (770-781-5507) for right of way information.

5. Developer shall construct improvements as required by GA DOT and/or Department of Engineering based upon final configuration of site plan.

Motion carried unanimously.

The Board took a recess.

The Board came out of recess and reconvened the Regular Meeting.

Elizabeth Husson, ZA# 3335, R1 to CBD – District #1

There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to approve the rezoning request by Elizabeth Husson, ZA# 3335, R1 to CBD with the conditions as displayed which read as follows:

1. This development shall be served by the City of Cumming Water and Sewer Department.

2. The development must meet fire flows of 1500 gpm, or as approved by the Forsyth County Fire Chief or his designee, or irrigation demands, whichever is greater. All improvements to the City water system that are required to serve this development, as determined by the City of Cumming Water and Sewer Department, shall be designed and constructed at the expense of the developer.

3. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the City of Cumming Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement

(permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the City of Cumming Sewer Master Plan.

4. Developer shall dedicate right of way 60' feet from centerline of S.R. 9 (Atlanta Highway).

5. Developer shall dedicate right of way 30' from centerline on Greenfield Drive.

6. Developer shall upgrade to commercial road standards Greenfield Drive from east of eastern entrance on Greenfield Drive to S.R. 9 (Atlanta Highway).

7. Developer shall construct improvements as required by Georgia DOT and/or Department of Engineering based upon final configuration of site plan.

8. Developer shall upgrade Greenfield Drive to commercial road standards from S.R. 9 (Atlanta Highway) to eastern most entrance of development, if any.

9. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.

10. Garbage dumpster pickup shall be between 6:00 a.m. and 9:00 p.m., Monday thru Saturday.

11. Hours of operation will be no earlier than 6:00 a.m. and no later than 11:00 p.m. Sunday through Thursday and 6:00 a.m. to 12 a.m. on Friday and Saturday.

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

(a) Convenience stores, with or without gasoline pumps.
(b) Gas Stations.
(c) Bars, Lounges, or nightclubs provided this shall not preclude a restaurant such as but not limited to Applebee’s from having a bar.
(d) 24-hour businesses except for hotels or motels.
(e) Theaters.
(f) Electronic game playing centers.
(g) Adult novelty stores.
(h) Adult entertainment centers.
(i) Pawn shops.


(j) Pool halls.
(k) Tattoo parlors.

13. All commercial building facades shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardi plank, may be used as accent material only, not to exceed 10% of surface area. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel.

14. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.

15. No Commercial deliveries will occur between the hours of 9:00 p.m. and 7:00 a.m.

16. Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.

17. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

18. No variances shall be granted concurrent with this zoning.

19. Developer will remove all zoning signs within three (3) days of a decision by the Board of Commissioners.

Motion carried unanimously.

Founders Development, LLC, ZA# 3336, A1 to CBD with a variance to the setback requirements and a variance to the buffer requirements – District #1

There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to approve the rezoning request by Founders Development, LLC, ZA# 3336, A1 to CBD with the conditions as displayed which read as follows:

1. This development shall be served by the City of Cumming Water and Sewer Department.


2. The development must meet fire flows of 1500 gpm, or as approved by the Forsyth County Fire Chief or his designee, or irrigation demands, whichever is greater. All improvements to the City water system that are required to serve this development, as determined by the City of Cumming Water and Sewer Department, shall be designed and constructed at the expense of the developer.

3. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the City of Cumming Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the City of Cumming Sewer Master Plan.

4. Developer shall dedicate right of way on Ronald Reagan Boulevard as may be required to construct deceleration lanes on Ronald Reagan Boulevard at proposed entrances.

5. Developer shall follow Forsyth County road abandonment procedures to abandon Horseshoe Court within property limits prior to obtaining a land disturbance permit.

6. Developer shall be required to modify existing traffic signal at proposed southwest intersection.

7. Developer shall construct improvements on Ronald Reagan Boulevard as required by Department of Engineering based on final configuration of site plan.

8. A six (6) foot wooden privacy fence shall be placed along subject property tax parcel 152-048.

9. A forty (40) foot undisturbed buffer remain along the south property line abutting A1 zoning. This area is currently wooded and has potential of being developed as high density residential in the future.

10. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.

11. Garbage dumpster pickup shall be between 6:00 a.m. and 9:00 p.m., Monday thru Saturday.




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

(a) 24-hour businesses except for a hotel or restaurant.
(b) Theaters.
(c) Electronic game playing centers.
(d) Adult novelty stores.
(e) Adult entertainment centers.
(f) Pawn shops.
(g) Pool halls.
(h) Tattoo parlors.

13. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.

14. No Commercial deliveries will occur between the hours of 9:00 p.m. and 7:00 a.m.

15. Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.

16. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

17. No variances shall be granted concurrent with this zoning.

18. Developer will remove all zoning signs within three (3) days of a decision by the Board of Commissioners.

Motion carried unanimously.

John Trammel, ZA# 3337, A1 to UV with a Conditional Use Permit for a drive-thru – District #5

There was a motion by Commissioner Ledbetter and a second by Commissioner Tam to approve the rezoning request by John Trammel, ZA# 3337, A1 to UV with a Conditional Use Permit for a drive-thru with the conditions as displayed which read as follows:

1. The following uses should not be permitted on the subject property:

(a) Convenience stores
(b) Gas Stations

2. Where crosswalks occur through paved parking areas and drives, visually distinct paving material shall be used to accommodate pedestrian safety as well as aesthetics throughout the development.

3. There shall be designated bicycle parking easily accessible from pedestrian connections, residential areas, non-residential areas. Sidewalks shall be as shown on the site plan.

4. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water system that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.

5. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.

6. Developer shall construct improvements as required by Department of Engineering based upon final configuration of site plan.

7. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.

8. Hours of operation will be no earlier than 6:00 a.m. and no later than 11:00 p.m. Sunday through Thursday and 6:00 a.m. to 12 a.m. on Friday and Saturday, excluding pharmacies. Pharmacies will not have to adhere to these hours.

9. All commercial building facades visible shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardi plank, may be used as accent material only, not to exceed 10% of surface area. Remainder of exterior may consist of brick, precast concrete, split block, stone, or glass. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel.




10. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.

11. No Commercial deliveries or garbage pick-up will occur between the hours of 9:00 p.m. and 6:00 a.m.

12. Any outside speaker shall not create an audible sound beyond the property line of the subject property.

13. There shall be a thirty (30) foot undisturbed buffer along the south and north property lines. Due to the existence of disturbance of the west property line and large piles of dirt along that line, the developer shall grade and plant two (2) staggered rows of Leyland Cypress along the western property line in accordance with the Forsyth County Landscape Buffer Standards.

14. Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.

15. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

Motion carried unanimously.

North Georgia Land Group, LLC, ZA# 3338, A1 to NS – District #2

There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to approve the rezoning request by North Georgia Land Group, LLC, ZA# 3338, A1 to NS with the conditions as displayed which read as follows:

1. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water system that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.

2. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County

Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.

3. Developer shall dedicate right of way of 60' from centerline of Old Atlanta Road.

4. Developer shall dedicate right of way as may be required for road improvements on Mathis Airport Parkway.

5. Developer shall construct the northeast entrance on Mathis Airport Parkway as a right turn in/right turn out only.

6. Developer shall construct improvements as required by Department of Engineering based upon final configuration of site plan.

7. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.

8. Lighting shall be low impact (tubular canisters) and shall be placed on the rear of proposed building. Said lighting shall be the minimum height in accordance with the Life Safety Code. In parking lot, bottom of light shall not be higher than 16 feet from the curb. Timers shall be installed to cut down lighting off hours, unless prohibited by safety regulations. (A lighting engineer/consultant will be engaged to develop a dark sky friendly lighting package).

9. The building shall be no closer than 40 feet from the property line closest to Laurel Springs Subdivision, with walls, buffers, and landscaping as depicted on Exhibits A-1, A-2 and A-3 attached hereto to provide visual screening of the building from the adjoining four homes (Tax Parcels 136-218, 136-219, 136-220, 136-221). Location of the retaining wall may be modified if necessary to accommodate for larger trees, but in no event shall be located closer than 20 feet from the adjoining property line. The height of the retaining wall and trees shall be such that the top of the building will be no higher than the middle of the tree top V’s as viewed from the first floor of the homes at installation even if the trees need to be taller than shown on the exhibits. Such trees shall be planted and the fence installed as soon as practically possible after the building walls are erected.



10. No communication towers or antennas visible to the aforementioned homes shall be erected on the property.

11. Fence shall be tied back into Laurel Springs fence (provided approval of Laurel Springs Home Owners Association is obtained). Fence behind rear parking shall parallel the back of the building and shall tie into the fence on the cemetery property line. All fences will be constructed in a superior workmanship manner to maximize durability and will be constructed to provide a total visual screen. The fence shall be painted or stained a durable darker brown color. Trees will be planted appropriately, as per a registered landscape architect’s recommendation, to minimize the view of the fence.

12. Hours of operation will be no earlier than 6:00 a.m. and no later than 11:00 p.m. and no later than 10:00 p.m. for any outside seating.

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

(a) Convenience stores, with or without gasoline pumps.
(b) Gas Stations.
(c) Drive thru restaurants.
(d) Bars, Lounges, or nightclubs, provided this shall not preclude a restaurant such as but not limited to Applebee’s from having a bar.
(e) 24-hour businesses.
(f) Hotels or Motels.
(g) Theaters.
(h) Electronic game playing arcades.
(i) Adult novelty stores.
(j) Adult entertainment centers.
(k) Pawn shops.
(l) Pool halls.
(m) Tattoo parlors.

14. All commercial building facades visible shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardi plank, may be used as accent material only, not to exceed 10% of surface area. Remainder of exterior may consist of brick, precast concrete, split block, stone, or glass. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel.

15. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.


16. No Commercial deliveries will occur between the hours of 9:00 p.m. and 7:00 a.m. on Monday thru Saturday and none on Sunday.

17. All garbage dumpsters and other similar areas devoted to the storage of waste material shall be screened on three (3) sides of said dumpsters or area with a minimum six (6) foot high fence, or wall constructed of materials substantially similar in appearance to the building on site that complies with the architectural requirements of these regulations. In addition, said dumpster shall be gated on the fourth side and the gate shall be architecturally finished. All medical wastes shall be stored in internal secured storage areas or in areas with restricted access, pursuant to all State and federal regulations. If available, all dumpsters located on the subject property shall have rubber lids and rubber bumpers. Dumpsters shall be located on either/or both ends of building. No garbage pickup will occur between the hours of 9:00 p.m. and 9:00 a.m. Monday thru Saturday and none on Sunday.

18. The developer shall screen roof top equipment from the views of the aforementioned adjacent properties.

19. Developer shall use best practice of noise abatement on mechanical equipment.

20. A Property Owners Association shall be created for the purpose of enforcing the restricted covenants and maintaining the common space, entrance and fencing in perpetuity.

21. Out-door loud speakers shall not produce noise which is audible beyond the boundaries of the subject property.

22. Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.

23. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

24. Location of food establishments requiring external exhaust ventilation shall be prohibited from the portion of the building adjacent to the Laurel

Springs residences. In no event shall such external exhaust be located closer than 168 feet from the northern end of the building.

25. Location of any dry cleaner using onsite chemical cleaning plants shall not be located closer than 141 feet from the northern end of the building.

Motion carried unanimously.

Royce Hayes, ZA# 3339, A1 to OR with a variance to the setback requirements – District #3

There was a motion by Commissioner Conway and a second by Commissioner Richard to approve the rezoning request by Royce Hayes, ZA# 3339, A1 to OR with a variance to the setback requirements with the conditions as displayed which read as follows:

1. Variances shall apply only to the existing structure.

2. The development must meet fire flows of 750 gpm, or irrigation demands, whichever is greater. All improvements to the County water system that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.

3. Any new development on this property shall connect to the Forsyth County sewer system. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.

4. Prior to any new development, developer shall dedicate right of way of 50 feet from centerline of Union Hill Rd.

5. Prior to any new development, the developer shall construct improvements as required by Department of Engineering based on final configuration of site plan; if road widening is required as part of the project, such as addition of a left turn lane or deceleration lane, any necessary water main relocation (as determined by Forsyth County) will be done at the developer’s expense.

6. As to any new development, the exterior lighting fixtures shall be the box type and situated so that light is directed only downward. The fixtures shall be not closer than 5 feet of the perimeter of a parking lot. Fixtures

shall be no more than 25 feet high and shall be designed so as to minimize light spillage to not more than 1 foot candle along the boundary of the property.

7. No Commercial deliveries will occur between the hours of 9:00 p.m. and 7:00 a.m. Garbage dumpster pickup shall be between 6:00 a.m. and 9:00 p.m., Monday thru Saturday. There shall be no commercial deliveries other than UPS or other similar type of postal delivery.

8. Hours of operation will be no earlier than 6:00 a.m. and no later than 11:00 p.m. Sunday through Thursday and 6:00 a.m. to 12 a.m. on Friday and Saturday.

9. If a new building is constructed, then all commercial building facades visible shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardi plank, may be used as accent material only, not to exceed 10% of surface area. Remainder of exterior may consist of brick, precast concrete, split block, stone, or glass. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel.

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

(a) Convenience stores, with or without gasoline pumps.
(b) Gas Stations.
(c) Bars, Lounges, or nightclubs provided this shall not preclude a restaurant such as but not limited to Applebee’s from having a bar.
(d) 24-hour businesses.
(e) Hotels or Motels.
(f) Theaters.
(g) Electronic game playing centers.
(h) Adult novelty stores.
(i) Adult entertainment centers.
(j) Pawn shops.
(k) Pool halls.
(l) Tattoo parlors.
(m) Schools.

11. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted. There shall be no billboards or signs on Poles. All signs will be monument type not to exceed 10 feet in height.



12. Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.

13. The site plan for any new construction shall be submitted to the District Commissioner for approval.

Motion carried unanimously.

Crownway Properties, LLC, ZA# 3341, A1 to CBD with a variance to the setback requirements – District #1

Chairman Conway recused himself, turned the meeting over to the Vice Chairman and left the meeting.

There was a motion by Commissioner Tam to approve the rezoning request by Crownway Properties, LLC, ZA# 3341, A1 to CBD with a variance to the setback requirements with the conditions as displayed. Motion was withdrawn.

There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to approve the rezoning request by Crownway Properties, LLC, ZA# 3341, A1 to CBD with the conditions as displayed which read as follows:

1. The development must meet fire flows of 1500 gpm, or as approved by the Forsyth County Fire Chief or his designee, or irrigation demands, whichever is greater. All improvements to the County water system that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.

2. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.

3. Developer shall reserve and dedicate an easement along the entire frontage of GA 400, for a future water line. Easement shall be 20' width permanent, and 50' width temporary construction easement.


4. Developer shall reserve right-of-way on GA 400 as required by Georgia DOT.

5. Developer shall construct improvements as required by Georgia DOT and/or Forsyth County Department of Engineering based upon final configuration of site plan.

6. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.

7. Garbage dumpster pickup shall be between 6:00 a.m. and 9:00 p.m., Monday thru Saturday.

8. Hours of operation will be no earlier than 6:00 a.m. and no later than 11:00 p.m. Sunday through Thursday and 6:00 a.m. to 12 a.m. on Friday and Saturday.

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

(a) Convenience stores, with or without gasoline pumps.
(b) Gas Stations.
(c) Bars, Lounges, or nightclubs provided this shall not preclude a restaurant such as but not limited to Applebee’s from having a bar.
(d) 24-hour businesses.
(e) Hotels or Motels.
(f) Theaters.
(g) Electronic game playing centers.
(h) Adult novelty stores.
(i) Adult entertainment centers.
(j) Pawn shops.
(k) Pool halls.
(l) Tattoo parlors.
(m) Schools.

10. All commercial building facades shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardi plank, may be used as accent material only, not to exceed 10% of surface area. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel.

11. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.



12. No Commercial deliveries or garbage pick-up will occur between the hours of 9:00 p.m. and 7:00 a.m.

13. Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.

14. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

15. No variances shall be granted concurrent with this zoning.

16. Developer will remove all zoning signs within three (3) days of a decision by the Board of Commissioners.

Motion carried with four members in favor (Tam, Ledbetter, Laughinghouse and Richard) and one member absent (Conway).

Chairman Conway returned to the meeting.

George E. Butler, II, ZA# 3342, NS to CBD – District #3

There was a motion by Commissioner Conway and a second by Commissioner Richard to approve the rezoning request by George E. Butler, II, ZA# 3342, NS to CBD with the conditions as displayed which read as follows:

1. Developer shall dedicate right of way 60 feet from centerline of S.R. 9 (Atlanta Hwy.).

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

3. The exterior lighting fixtures shall be the box type and situated so that light is directed only downward. The fixtures shall be not closer than 5 feet of the perimeter of a parking lot. Fixtures shall be no more than 25 feet high and shall be designed so as to minimize light spillage to not more than 1 foot candle along the boundary of the property.

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



(a) Convenience stores, with or without gasoline pumps.
(b) Gas Stations.
(c) Bars, Lounges, or nightclubs provided this shall not preclude a restaurant such as but not limited to Applebee’s from having a bar.
(d) 24-hour businesses.
(e) Hotels or Motels.
(f) Theaters.
(g) Electronic game playing centers.
(h) Adult novelty stores.
(i) Adult entertainment centers.
(j) Pawn shops.
(k) Pool halls.
(l) Tattoo parlors.
(m) Schools.

5. All commercial building facades visible shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardi plank, may be used as accent material only, not to exceed 10% of surface area. Remainder of exterior may consist of brick, precast concrete, split block, stone, or glass. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel.

6. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.

7. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

Motion carried unanimously.

Hurricane Shoals Partners, LLC, ZA# 3343, A1/CBD to CBD – District #2

There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to approve the rezoning request by Hurricane Shoals Partners, LLC, ZA# 3343, A1/CBD to CBD with the conditions as displayed which read as follows:

1. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water system that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.




2. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.

3. Developer shall dedicate right of way of 60' from centerline of Old Atlanta Road.

4. Developer shall follow Forsyth County road abandonment procedures to abandon Mathis Airport Road within property limits prior to obtaining a land disturbance permit.

5. Proposed entrance on Oakleaf Trail shall be reconfigured along entire project frontage on Oakleaf Trail and Oakleaf Trail shall be upgraded to commercial road standards along entire property frontage.

6. Developer shall construct a decel lane on Mathis Airport Parkway at proposed entrance.

7. Developer shall construct improvements as required by Department of Engineering based on final configuration of site plan.

8. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.

9. Hours of operation will be no earlier than 6:00 a.m. and no later than 11:00 p.m. Sunday through Thursday and 6:00 a.m. to 12 a.m. on Friday and Saturday.

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

(a) Convenience stores, with or without gasoline pumps.
(b) Gas Stations.
(c) Bars, Lounges, or nightclubs provided this shall not preclude a restaurant such as but not limited to Applebee’s from having a bar.
(d) 24-hour businesses.
(e) Hotels or Motels.
(f) Theaters.
(g) Electronic game playing centers.
(h) Adult novelty stores.


(i) Adult entertainment centers.
(j) Pawn shops.
(k) Pool halls.
(l) Tattoo parlors.
(m) Drive thru restaurants.

11. Architecture and construction materials shall be similar in nature to the Old Atlanta Walk Retail Center located adjacent to the property on Old Atlanta Road.

12. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.

13. No Commercial deliveries or garbage pick-up will occur between the hours of 9:00 p.m. and 6:00 a.m.

14. Exterior lighting fixtures shall be of a type and situated so that light is directed only downward. The fixtures shall be not closer than five (5) feet of the perimeter of a parking lot. Fixtures shall be no more than twenty-five (25) feet high and shall be designed so as to minimize light spillage to not more than one (1) foot candle along the boundary of the property.

15. Prior to issuance of a building permit the developer shall:

(a) Complete the road improvements for Oakleaf Trail.

(b) Install a street sign at the intersection of Oakleaf Trail and the proposed access road to the proposed development, which will indicate, Residential Drive, No Thru-Traffic.

(c) Install a monument type sign at the new entrance to Oakleaf Trail. Developer will keep the residents of Oakleaf Trail informed during the design stage for the proposed signage.

16. Developer shall have eighteen (18) months from the date of zoning approval, or until sewer capacity is available to serve the subject property to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval and sewer capacity is available thereafter, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.


17. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

Motion carried with three members in favor (Conway, Tam and Ledbetter) and two members in opposition (Laughinghouse and Richard).

Approval of Phase II Groundwater Study with Emery & Garrett

There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to approve Phase II of the Groundwater Study with Emery & Garrett (Option B) in an amount not to exceed $689,000. Motion carried with four members in favor (Conway, Tam, Laughinghouse and Richard) and one member in opposition (Ledbetter).

Approval of contract renewal with Blue Cross Blue Shield of Georgia for 2007 administration of services for the Forsyth County Inmate Program

There was a motion by Commissioner Ledbetter and a second by Commissioner Tam to approve the contract renewal with Blue Cross Blue Shield of Georgia for 2007 administration of services for the Forsyth County Inmate Program subject to approval by the County Attorney and Director of Personnel Services. Motion carried unanimously.

Approval of contract renewal with Blue Cross Blue Shield of Georgia for 2007 Healthcare Insurance

There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to approve the contract renewal with Blue Cross Blue Shield of Georgia for 2007 Healthcare Insurance subject to the approval of the County Attorney and Director of Personnel Services. Motion carried unanimously.

Adoption of Shiloh/Union Hill Cost Share Agreement

There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to approve the Shiloh/Union Hill Cost Share Agreement as presented by the County Attorney and as presented to the County Clerk. Motion carried with four members in favor (Conway, Tam, Laughingouse and Richard) and one member in opposition (Ledbetter).

Approval of Operations and Maintenance Agreement between Forsyth County and JJ&G Services, Inc.

There was a motion by Commissioner Tam and a second by Commissioner Laughinghouse to approve the Operations and Maintenance Agreement between Forsyth County and JJ&G Services, Inc. as presented.


There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to amend the original motion to clarify that at the appropriate time we will go out and bid this on a competitive bid before we consider automatic renewal. Motion to amend carried unanimously.

Original motion, as amended, carried unanimously.

UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:

None

There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to adjourn. Motion carried unanimously.


____________________________________
Clerk/Deputy Clerk of Commission

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

____________________________________________
CHAIRMAN


____________________________________________
VICE CHAIRMAN


____________________________________________
SECRETARY


____________________________________________
MEMBER


____________________________________________
MEMBER