2/1/2007 - Board of Commissioners Regular Meeting/Public Hearings

Call Meeting to Order

Invocation and Pledge of Allegiance

Adoption of Agenda

Announcements and Reports:

(1) Presentation of Host Fee Check from Eagle Point Landfill – Chairman Laughinghouse.

(2) Presentation of Longevity Service Awards to those employees having reached twenty (20) or more years of service during the fourth quarter of 2006 – Director of Personnel Services.

Public Comments

Adoption of Minutes:

(1) Called Meeting/Work Session and Executive Session of January 9, 2007.

(2) Executive Session of January 11, 2007.

(3) Regular Meeting/Public Hearings and Executive Session of January 18, 2007.

Consent Agenda:

(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of January 9, 2007; January 11, 2007; and January 18, 2007.

(2) Adoption of Resolution of Appreciation for Horace Beasley – Chairman Laughinghouse.

(3) Adoption of Resolution in support of the efforts of the Georgia Tribe of Eastern Cherokee for a Museum and Cultural Education Center – Chairman Laughinghouse.




(4) Acceptance of right-of-way donation to Forsyth County by Windward Investors, LLC – County Attorney.
(Approved at Called Meeting/Work Session held on 01/09/07).

(5) Approval of the following Sewer Reservation Agreements: (Director of Water & Sewer)

(A) Bowen Family Homes
(B) Brannon Crossing/JLV Properties
(C) JLV Reagan South, LLC
(D) M.S. Caney 5, LLLP
(E) Rose Development, LLC

(6) Authorization to advertise for the proposed abandonment of a portion of Holtzclaw Road in Land Lots 144 and 145 of the Fourteenth District, First Section of Forsyth County – District #5 – Director of Engineering.

(7) Request by the Director of Engineering for acceptance of right-of-way as County maintained roads with 18 month maintenance period and establish 25 m.p.h. as follows:

(A) Champions Run, Phase 1, Unit 4

(1) Apollo Drive
(2) Real Quiet Way
(3) Riva Lane
(4) Winning Color Court

(B) Estates @ Big Creek, Unit 1

(1) Beaver Bend Way
(2) Beaver Crossing Court
(3) Forest Shore Court
(4) Hillcroft Lane

(C) Hunters Walk, Phase 1

(1) Deer Run Drive
(2) Hunters Walk Way
(3) Silverthorne Trace

(D) Kingswood @ Castleberry, Unit 1, Section 2

(1) Dumbbarton Court


VIII. Public Hearings:

(1) Request for renewal of alcohol licenses as follows: (Interim County Manager)

(A) Muh & Sun d/b/a Ninja Steak House, 1735 Buford Highway, #330, Cumming, GA 30041 – Named Licensee is Shu Lyn Sun – Renewal of license to sell Distilled Spirits, Malt Beverages (Beer) & Wine for Consumption on the Premises – District #5.

(B) John’s Creek Mac d/b/a Taco Mac, 2607 Peachtree Parkway, Suwanee, GA 30024 – Named Licensee is Joseph F. Ardagna – Renewal of license to sell Distilled Spirits, Malt Beverages (Beer) & Wine for Consumption on the Premises – Distirct.2.

(C) Christian Enterprises d/b/a Johnny’s New York Style Pizza, 3495 Peachtree Parkway, Suwanee, GA 30024 – Named Licensee is Donald S. Christian – Renewal of license to sell Malt Beverages (Beer) & Wine for Consumption on the Premises – District #2.

(D) Kash Group d/b/a Shell Food Mart, 2310 Ronald Reagan Boulevard, Cumming, GA 30041 – Named Licensee is Ashraf Meherali – Renewal of license to sell Malt Beverages (Beer) & Wine by the Package – District #1.

(E) Peckenpaugh’s Fine Foods, 5813 S. Vickery Street, Cumming, GA 30040 – Named Licensee is Robert A. Corliss – Renewal of license to sell Malt Beverages (Beer) & Wine by the Package – District #3.

(F) Dow Petroleum d/b/a Cumming Texaco, 720 Atlanta Highway, Cumming, GA 30040 – Named Licensee is John H. Dow – Renewal of license to sell Malt Beverages (Beer) & Wine by the Package – District #1.

(2) Request by Giovanni’s Italian Restaurant d/b/a Giovanni’s Italian Restaurant for a change of Licensee to Kenneth Washington – District #2 – Interim County Manager.

(3) Request approval of Alcohol Licenses as follows: (Interim County Manager)

(A) Global Gourmet Group, LLC d/b/a Nirvana Two, LLC, Named Licensee is Bryan Delgreco, application to sell Distilled Spirits, Beer & Wine for Consumption on the Premises – District #2.

(B) Top Shelf Beverages, LLC d/b/a Top Shelf Beverages, Named Licensee is John Dombroski, application to sell Distilled Spirits, Malt Beverages (Beer) & Wine by the Package – District #5.

(C) VIP Package Store d/b/a VIP Package Store, Named Licensee is Hyun Shin, application to sell Distilled Spirits, Malt Beverages (Beer) & Wine by the Package – District #2.

(D) Rustica d/b/a Rustica, Named Licensee is Jonathan Seth Agri, application to sell Malt Beverages (Beer) & Wine for Consumption on the Premises – District #5.

(E) Avanti Pizza d/b/a Avanti Pizza, Named Licensee is Nikolas R. Dellas, application to sell Malt Beverages (Beer) & Wine for Consumption on the Premises – District #2.

(F) Nick’s Grand Slam Pizza, Inc. d/b/a Nick’s Grand Slam Pizza, Inc., Named Licensee is Rose C. Hulsey, application to sell Malt Beverages (Beer) & Wine for Consumption on the Premises – District #3.

(4) Second reading of amendment to Ordinance #102 (Parks & Recreation Rules & Regulations) – County Attorney.

(5) Draft 2: UDC Proposed changes to raise basic design standards and the Peachtree Parkway Overlay District will be presented with minor change to UDC 9-1.2 to add overlay to established overlay district list – Senior Long-Range Planner.

(6) Approval of Resolution for the abandonment of a portion of Rogers Road in Land Lot 396 of the Second District, First Section of Forsyth County – District #3 – Director of Engineering.

(7) Approval of Resolution for the abandonment of a portion of Majors Road in Land Lot 596 of the Second District, First Section of Forsyth County – District #2 – Director of Engineering.

(8) Request by Jerry Mabe regarding the denial of a variance to allow an easement to serve more than three (3) parcels – Denied by the Appeals Board on September 5, 2006 – AB# VA060074 – District #2 – Director of Planning & Development.
(Postponed from 11/02/06; 12/07/06; and 12/21/06 Agendas).




(9) Request by Theodore (Mark) Weiss regarding the denial of a variance to allow an easement to serve more than three (3) parcels – Denied by the Appeals Board on September 5, 2006 – AB# VA060075 – District #2 – Director of Planning & Development.
(Postponed from 11/02/06; 12/07/06; and 12/21/06 Agendas).

(10) Request by Eric Liu Investments to amend zoning conditions placed on ZA# 1602 – District #2 – Director of Planning & Development.
(Postponed from 01/04/07 Agenda).

(11) Request by Dewey C. White to amend zoning conditions placed on ZA# 2223 – District #2 – Director of Planning & Development.
(Postponed from 01/04/07 Agenda).

(12) Request by Chatham Neighborhood to amend zoning conditions placed on ZA# 3024 and a variance to UDC, Table 11.2(b) – District #3 – Director of Planning & Development.
(Postponed from 01/04/07 Agenda).

(13) Request by Luz Cafferatta to amend zoning conditions placed on ZA# 2857 – District #2 – Director of Planning & Development.
(Postponed from 11/02/06; 11/16/06; 12/07/06; 12/21/06 and 01/18/07 Agendas).

(14) Request by Riverbrooke Capital Partners, LLC to amend zoning conditions placed on ZA# 3115 (George F. Chandler, III) – District #2 – Director of Planning & Development.
(Postponed from 11/02/06; 12/07/06; 12/21/06; 01/04/07 and 01/18/07 Agendas).

(15) Consideration of rescission and reconsideration of Board action taken at the December 7, 2006 Regular Meeting regarding the request by Elliott Smith on behalf of John Wieland Homes, Inc. regarding the denial of a building separation variance – Denied by the Appeals Board on 09/05/06 – AB# VA060080 – District #2 – Director of Planning & Development.

(16) Consideration of rescission and reconsideration of Board action taken at the December 21, 2006 Regular Meeting regarding Jay Land, C# 06-0007, issuance of a Conditional Use Permit for the purpose of a helicopter landing area on property currently zoned A1 – District #3 – Director of Planning & Development.

(17) Request by Toni Callahan on behalf of Ashton Woods Homes regarding the denial of a variance – Denied by the Appeals Board on 12/06/06 – AB# VA060114 – District #3 – Director of Planning & Development.
(18) Request by Elliott Smith on behalf of Travis Pruitt & Associates, P.C. regarding the denial of a variance – Denied by the Appeals Board on 12/06/06 – AB# VA060124 – District #2 – Director of Planning & Development.

(19) Request by Ethan Underwood on behalf of Neptune Pools regarding the denial of a variance – Denied by the Appeals Board on 12/06/06 – AB# VA060113 – District #2 – Director of Planning & Development.

(20) Request by Ethan Underwood on behalf of H & H Development Associates, Inc. regarding the denial of a variance – Denied by the Appeals Board on 12/06/06 – AB# VA060117 – District #1 – Director of Planning & Development.

(21) Request by McGinnis Woods Properties, LLC to amend zoning conditions placed on ZA# 2766 (Norman Fickling) and a variance to the UDC, Table 12.2 – District #2 – Director of Planning & Development.

(22) Request by McGinnis Woods Properties to amend zoning conditions placed on ZA# 1772 (Derek O. Robinson & Laura A. Robinson) and a variance to the UDC, Table 12.2 – District #2 – Director of Planning & Development.

(23) Request by High Pointe Capital, LLC to amend zoning conditions placed on ZA# 3236 (Fox Creek Properties & Parkland Communities) – District #2 – Director of Planning & Development.

IX. Old Business:

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

(A) Dewey C. White, ZA# 3288, A1/R3 to CBD with a variance to the stream buffer requirements – District #2.
(Postponed from 10/19/06; 11/16/06; 12/07/06; 12/21/06; 01/04/07 and 01/18/07 Agendas).

(B) Southeastern Property Development, Inc., ZA# 3349, A1 to RES-6 – District #3.
(Postponed from 01/18/07 Agenda).

(2) Consideration of rescission and reconsideration of Board action taken at the December 7, 2006 Regular Meeting regarding H. Gilstrap Development, LP, ZA# 3303, A1 to NS with a variance to the setback requirements, a variance to the buffer requirements and a variance to the building size requirements – Director of Planning & Development.
(Postponed from 01/04/07 Agenda).
New Business:

(1) Renewal of contract with Triton Industries for Fire Hydrant Inspection for Calendar Year 2007 – Procurement Director.

(2) Acceptance/rejection of Bid #06-70-3340 for the construction of Daves Creek Gravity Sewer – Procurement Director.

(3) Acceptance/rejection of RFP #06-89-4211 for providing Charleston Park Master Plan – Procurement Director.

(4) Acceptance/rejection of RFP #06-93-5212 for Playground Equipment at Shady Grove Campground – Procurement Director.

(5) Appointment/reappointment of member to the Parks & Recreation Board for District #4 (the term of Cindy J. Mills has expired) – Interim County Manager.

(6) Request for a Public Hearing by Rafe Banks, III on behalf of Michael Bennett regarding the denial of a variance - Denied by the Appeals Board on January 2, 2007 – AB# VA060128 – District #3 – Director of Planning & Development.

(7) Request for a Public Hearing by Ethan Underwood on behalf of Clint Sims regarding the denial of a variance - Denied by the Appeals Board on January 2, 2007 – AB# VA060126 – District #3 – Director of Planning & Development.

(8) Approval of Sewer Reservation Agreement with Rock Farm Holdings, LLC – Director of Water & Sewer.

(9) Approval of Sewer Reservation Agreement with Carson Development – Director of Water & Sewer.

(10) Termination of Employment Agreements between Forsyth County and Aides to the Board of Commissioners – County Attorney.

Recess Regular Meeting

Executive Session if Needed

Adjournment