Copyright 2021 by Forsyth County, Georgia

Forsyth County Meetings

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

Board of Commissioners 2021 Meeting Schedule (click here for link).

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Thursday, September 2, 2021 5:00 PM

Board of Commissioners - Regular Meeting/Public Hearings

Administration Building 110 E Main Street Cumming, GA 30005
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PUBLIC NOTICE

The Forsyth County Board of Commissioners will hold its Regular Meeting / Public Hearings on Thursday, September 2, 2021, at 5 p.m. with a quorum of the Board physically assembled in the Commissioners’ Meeting Room, Suite 220, in the Forsyth County Administration Building located at 110 East Main Street, Cumming, Georgia 30040.

The public may physically attend this meeting, but – due to COVID19 concerns – we encourage remote viewing and participation. Please visit the Forsyth County Government webpage, www.forsythco.com, for updates regarding options for remote participation and viewing.

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

08/26/2021

THE FORSYTH COUNTY BOARD OF COMMISSIONERS REGULAR MEETING / PUBLIC HEARINGS ON SEPTEMBER 2, 2021, AT 5:00 P.M. SHALL BE VIA IN-PERSON ASSEMBLY OF THE BOARD.

While the public may attend the meeting in-person, information regarding remote streaming and participation opportunities is available at www.forsythco.com

AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, SEPTEMBER 2, 2021 AT 5:00 PM
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 / Public Hearings of August 19, 2021

(2) Work Session and Executive Session of August 24, 2021

VII. Consent Agenda

(1) Board adoption of Resolution authorizing Affidavit concerning the Executive Session of August 24, 2021

(2) Board acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Sanctuary Walk Drive, Foxdale Lane, Golden Knoll Road, Eastbank Landing Drive, and all other property and property rights as shown on the Subdivision Plat for The Estates at Starr Creek, recorded in Plat Book 197, Pages 21-30, Forsyth County, Georgia Records - District 1 - Director, Department of Engineering

(3) Board acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Scenic Ridge Way and all other property and property rights as shown on the Subdivision Plat for River Rock, Phase 2-Unit 1, Phase 3, recorded in Plat Book 197, Pages 89-110, Forsyth County, Georgia Records - District 4 - Director, Department of Engineering

(4) Board ratification of the following items that were discussed and voted on at a Work Session held on August 24, 2021 (to the extent that a Board Member was not present to vote on one of the items presented below at the August 24, 2021 Work Session, the absent Board Member has indicated having no objection to placement of the item on the Consent Agenda - at the request of County staff - as anticipated by Board Rule 1.07.01):

(A) Board authorization for staff to proceed with the issuance of a Purchase Order to Tyler Technologies in the amount of $82,100 for the Animal Services Project with permission to continue the annual renewal / maintenance (based upon business need) for the life of the software with authorization for the County Manager to sign the appropriate documents - Director, Department of Procurement

(B) Board authorization for staff to proceed with the issuance of a Purchase Order to MES-Southeast in the amount of $230,533.60 for the purchase of Hurst Extrication Equipment for the Fire Department - Director, Department of Procurement

(C) Board approval to award Bid 20-100-1620 to Etrenzik LED in the amount of $99,900.17 to provide materials, equipment, and labor for the LED Lighting Replacement Project at five County locations - Director, Department of Procurement

(D) Board approval to award Bid 21-108-2410 to Georgia Fire and Rescue Supply in the amount of $98,829.80 for the purchase of new Paratech Trench Rescue Equipment with permission to trade-in the old equipment - Director, Department of Procurement

(E) Board approval to award RFP 21-99-1500 to Clean Earth of Alabama for providing services to hold a Household Hazardous Waste Drop-Off Event for the Department of Recycling and Solid Waste with a cost to be dependent upon the amount of waste received from citizens as presented - Director, Department of Procurement

(F) Board approval to award RFP 21-101-1620 to Jericho Design Group in the amount of $67,600 for Architectural / Engineering Services for the Old Matt Schoolhouse, Phase 2, for the Department of Public Facilities as presented by staff - Director, Department of Procurement

(G) Board approval of a Special Facility Use Agreement with Timberline Glamping (formerly known as Georgia Glamping Company, LLC) to allow Courtesy Dumping Service to RVs staying in Shady Grove Campground - Director, Department of Procurement

(H) Board approval to renew, for a 5-year period, the Special Facility Use Agreement with Timberline Glamping (formerly known as Georgia Glamping Company, LLC) for glamping setups at thirteen dedicated campsites (#9 - #21) at Shady Grove Campground as presented by staff - Director, Department of Parks and Recreation

(I) Board approval of the updated Site Master Plan for Shady Grove Campground with authorization for Jim Pryor, Department of Parks and Recreation Director, to transmit the Plan to the US Army Corps. of Engineers for consideration - Director, Department of Parks and Recreation

(J) Board approval to award to McMillan Pazdan Smith Architecture in an amount not to exceed $605,900 for providing Architectural Design Services for the Denmark Library - Denmark Library - Director, Forsyth County Public Library

(K) Board authorization for staff to proceed with the plan, as presented, regarding publishing the Agenda Packet for Board of Commissioners' Work Sessions and Regular Meetings / Public Hearings on the County's website - Assistant County Manager (Kenney)

(L) Board authorization for staff to proceed with the Public Hearing process regarding a County-Initiated rezoning to A1 with a Conditional Use Permit for a place of worship located at 1979 Buford Highway - Parcel 201-146 - Semanson / John

(M) Board approval of ­an Agreement Concerning Environmental Campus Drive between MKW Capital, LLC, JOJO Capital, LLC, the City of Cumming, and Forsyth County, which Agreement includes the potential swap of real property owned by MKW Capital, LLC, and JOJO Capital, LLC, with real property owned by Forsyth County as presented - County Attorney

(N) Board approval of an Agreement for Exchange of Realty at Sawnee Mountain Preserve, involving Forsyth County and John North and tax parcel 125-113 and tax parcel 125-116 as presented by Counsel - County Attorney

(O) Board adoption of a First Amendment to Memorandum of Understanding Regarding Disposition of 608 Veterans Memorial Boulevard with the Development Authority of Forsyth County as presented by Counsel - County Attorney

(P) Board authorization for staff to move the consideration and approval of request by the Superior Court of Forsyth County to increase the County Supplements of newly hired Superior Court Judicial Assistants to the next meeting of the Finance Committee for discussion and consideration with authorization for staff to perform comparisons with surrounding counties - Circuit Court Administrator, Superior Court

(5) Board approval of retention, as a professional service, McGuire Woods Consulting, to provide specialized consulting services related to America Rescue Plan Act funding and interaction with the federal government, with an initial allocated amount of $8,000 for the first month of services, but with discretion awarded to the County Manager to authorize one additional month of service up to at an additional $8,000.00 - County Manager

VIII. Public Hearings

(1) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Amin Industries LLC dba Goodlife Liquor located at 6075 Post Road, Suite 100 - Named Licensee is Parth Amin - AL01449 - District 3 - Business License Manager, Department of Business License
(Postponed from the June 17, 2021 and the August 5, 2021 Agendas)

(2) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Golden Liquor LLC dba Blue Glass Liquor and Wine located at 6015 Post Road, Suite C - Named Licensee is Akshaykumar Patel - AL01553 - District 3 - Business License Manager, Department of Business License
(Postponed from the July 22, 2021 and the August 5, 2021 Agendas)

(3) Public Hearing and possible vote regarding amendments to the Alcohol Ordinance, otherwise known as Forsyth County Ordinance 68, to include allowances for delivery of alcohol, to-go packaged alcohol, mixed drinks to-go, manufacturer increased production and sales limits, renewal of conditional license; and, to repeal conflicting Ordinances - Business License Manager, Department of Business License
(This evening is the first of two required Public Hearings necessary for Board adoption)

(4) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA2339 (The Peachtree Development Group, Inc.) by Nelson and Jennifer Lafayette and a variance to UDC Table 11.2(a) - Parcel 159-444 - AZ210035 - District 2 - Director, Department of Planning and Community Development

(5) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA3998 (Domain Realty, Inc.) by Domain Realty, Inc. - Parcels 037-002 and 037-026 - AZ210033 - District 3 - Director, Department of Planning and Community Development

(6) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA3708 (WDW, LLC) by Jeffrey and Dawn Johnson - Parcel 016-302 - AZ210034 - District 3 - Director, Department of Planning and Community Development

(7) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA2431 (Vickery Land Co., LLC) by Tracey L. Varrone - Parcel 058-522 - AZ210036 - District 3 - Director, Department of Planning and Community Development

(8) Public Hearing and possible vote regarding amendments to the Unified Development Code related to Timber Harvesting within Chapters 11, 12, 14, 15, and 16 - Planning Manager, Department of Planning and Community Development
(The first Public Hearing was held before the Planning Commission on July 27, 2021)

(9) Public Hearing and possible vote regarding amendments to Chapter 20b related to Specialty Districts within the Unified Development Code of Forsyth County - Deputy Director, Department of Planning and Community Development
(The first Public Hearing was held before the Planning Commission on July 27, 2021)

(10) Public Hearing regarding consideration and possible approval of a Settlement Agreement between Alex C. Kliros, et. seq, v. Tom Brown, et. seq. 19CV1553-2, a civil action pending in the Forsyth County Superior Court, that will settle claims between the parties and otherwise impose zoning and land use-based entitlements, variances, restrictions, and other obligations on the parties and on 90.37 acres located near State Route 141 and South Clement Road, otherwise referred to as Forsyth County tax parcels 110-010, 110-011, and 110-012 - County Attorney

(11) Public Hearing and possible vote regarding proposed changes to the Forsyth County Record Retention Schedules to update based on most-current schedules - County Attorney

IX. Public Comments

X. Old Business

(1) RJJ Development LLC - ZA4011 - to rezone from Single Family Residential District (RES3), Neighborhood Shopping District (NS) and Agricultural District (A1) to Single Family Residential District (RES3) on 20.481 acres for 27 residential lots with a density of 1.32 units per acre - Parcel 009-188 - District 1 - Director, Department of Planning and Community Development
(Postponed from the August 19, 2021 Agenda)

(2) JKN Ventures, LLC - CP210009 - to build a 5,390 sq. ft. minor automobile service establishment with 18 parking spaces on 2.17 acres currently zoned Commercial Business District (CBD) with the following variance to: 1.) Reduce the landscape strip along the side lot line from 10 ft. to 0 ft. (UDC 12-10.15)(UDC 21-6.5(A)(2)) - Parcel 018-210 - District 3 - Director, Department of Planning and Community Development
(Postponed from the August 19, 2021 Agenda)

(3) Jonathan Gonzalez - ZA4007 - to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Commercial Business District (CBD) with a Conditional Use Permit (CUP) for an open air business on 2 acres associated with an existing 1,036 sq. ft. building with 8 parking spaces with the following variances to: 1.) Reduce the front setback from 40 ft. to 24 ft. (UDC Table 12.2); 2.) Reduce the front landscape strip from 20 ft. to 10 ft. (UDC 21-6.5(A)(1)); and, 3.) Reduce the required number of parking spaces from 75 to 8 (UDC Table 17.1) - Parcel 017-055 - District 3 - Director, Department of Planning and Community Development
(Postponed from the August 19, 2021 Agenda)

(4) Georgia Sports Arena, LLC - ZA4012 - to rezone from Neighborhood Shopping District (NS), Single Family Residential District (R1) and Commercial Business District (CBD) to Commercial Business District (CBD) on 13.92 acres for an office, retail trade establishment, a 6,000 sq. ft. restaurant and a 55,600 sq. ft. indoor commercial recreational facility with a Conditional Use Permit (CUP) for outdoor commercial athletic fields with 315 parking spaces with the following variance to: 1.) Reduce the exterior buffer adjacent to outlots 1-4 from 40 ft. to 0 ft. (UDC 16-4.6(C)) - Parcels 130-049, 130-050, 130-052, and 130-068 - District 3 - Director, Department of Planning and Community Development
(Postponed from the August 19, 2021 Agenda)

XI. New Business

(1) Board consideration of the request by Apparao Chithaluri for a Public Hearing regarding an appeal of the Zoning Board of Appeals’ (ZBA) decision to deny a variance on VA210047 (Apparao Chithaluri); this variance was denied on August 3, 2021 - AV210006 - District 2 - Director, Department of Planning and Community Development

XII. Recess Regular Meeting

XIII. Executive Session (if needed)

XIV. Adjournment
REVISED MEETING SUMMARY

Members Present:

Cindy Jones Mills - Chair
Alfred John - Secretary
Todd Levent - Member
Laura Semanson - Member

THE FORSYTH COUNTY BOARD OF COMMISSIONERS REGULAR MEETING / PUBLIC HEARINGS ON SEPTEMBER 2, 2021, AT 5:00 P.M. SHALL BE VIA IN-PERSON ASSEMBLY OF THE BOARD.

While the public may attend the meeting in-person, information regarding remote streaming and participation opportunities is available at www.forsythco.com

AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, SEPTEMBER 2, 2021 AT 5:00 PM
110 EAST MAIN STREET, SUITE 220
CUMMING, GEORGIA 30040

I. Call Meeting to Order
Chair Mills called the Meeting to order at 5:01 p.m. with the following Board members present: Mills, John, Levent, and Semanson.

II. Invocation and Pledge of Allegiance
The Invocation and Pledge of Allegiance were led by Craig Richard, Pastor of Oak Grove Baptist Church.

III. Adoption of Agenda
The Board voted 4-0-1 (Commissioner Cooper absent) to adopt the Agenda as amended:

• Postpone Public Hearings (1) to the October 7, 2021 Regular Meeting / Public Hearings: Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Amin Industries LLC dba Goodlife Liquor located at 6075 Post Road, Suite 100 - Named Licensee is Parth Amin - AL01449 - District 3 - Business License Manager, Department of Business License;

• Postpone Public Hearings (2) to the October 7, 2021 Regular Meeting / Public Hearings: Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Golden Liquor LLC dba Blue Glass Liquor and Wine located at 6015 Post Road, Suite C - Named Licensee is Akshaykumar Patel - AL01553 - District 3 - Business License Manager, Department of Business License;

• Move Public Hearings (10) to be heard prior to Public Hearings (1): Public Hearing regarding consideration and possible approval of a Settlement Agreement between Alex C. Kliros, et. seq, v. Tom Brown, et. seq. 19CV1553-2, a civil action pending in the Forsyth County Superior Court, that will settle claims between the parties and otherwise impose zoning and land use-based entitlements, variances, restrictions, and other obligations on the parties and on 90.37 acres located near State Route 141 and South Clement Road, otherwise referred to as Forsyth County tax parcels 110-010, 110-011, and 110-012 - County Attorney;

• Add New Business (2): Board consideration of an Addendum to Right to Enter Agreement by and between Anson Logistics Assets, LLC and Forsyth County - County Attorney.

IV. Announcements and Reports
None

V. Public Comments
There were no speakers during Public Comments.

VI. Adoption of Minutes

(1) Regular Meeting / Public Hearings of August 19, 2021
The Board voted 4-0-1 (Commissioner Cooper absent) to adopt the Minutes of the Regular Meeting / Public Hearings of August 19, 2021.

(2) Work Session and Executive Session of August 24, 2021
The Board voted 4-0-1 (Commissioner Cooper absent) to adopt the Minutes of the Work Session and Executive Session of August 24, 2021.

VII. Consent Agenda
The Board 4-0-1 (Commissioner Cooper absent) to adopt the Consent Agenda as presented.

(1) Board adoption of Resolution authorizing Affidavit concerning the Executive Session of August 24, 2021

(2) Board acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Sanctuary Walk Drive, Foxdale Lane, Golden Knoll Road, Eastbank Landing Drive, and all other property and property rights as shown on the Subdivision Plat for The Estates at Starr Creek, recorded in Plat Book 197, Pages 21-30, Forsyth County, Georgia Records - District 1 - Director, Department of Engineering

(3) Board acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Scenic Ridge Way and all other property and property rights as shown on the Subdivision Plat for River Rock, Phase 2-Unit 1, Phase 3, recorded in Plat Book 197, Pages 89-110, Forsyth County, Georgia Records - District 4 - Director, Department of Engineering

(4) Board ratification of the following items that were discussed and voted on at a Work Session held on August 24, 2021 (to the extent that a Board Member was not present to vote on one of the items presented below at the August 24, 2021 Work Session, the absent Board Member has indicated having no objection to placement of the item on the Consent Agenda - at the request of County staff - as anticipated by Board Rule 1.07.01):

(A) Board authorization for staff to proceed with the issuance of a Purchase Order to Tyler Technologies in the amount of $82,100 for the Animal Services Project with permission to continue the annual renewal / maintenance (based upon business need) for the life of the software with authorization for the County Manager to sign the appropriate documents - Director, Department of Procurement

(B) Board authorization for staff to proceed with the issuance of a Purchase Order to MES-Southeast in the amount of $230,533.60 for the purchase of Hurst Extrication Equipment for the Fire Department - Director, Department of Procurement

(C) Board approval to award Bid 20-100-1620 to Etrenzik LED in the amount of $99,900.17 to provide materials, equipment, and labor for the LED Lighting Replacement Project at five County locations - Director, Department of Procurement

(D) Board approval to award Bid 21-108-2410 to Georgia Fire and Rescue Supply in the amount of $98,829.80 for the purchase of new Paratech Trench Rescue Equipment with permission to trade-in the old equipment - Director, Department of Procurement

(E) Board approval to award RFP 21-99-1500 to Clean Earth of Alabama for providing services to hold a Household Hazardous Waste Drop-Off Event for the Department of Recycling and Solid Waste with a cost to be dependent upon the amount of waste received from citizens as presented - Director, Department of Procurement

(F) Board approval to award RFP 21-101-1620 to Jericho Design Group in the amount of $67,600 for Architectural / Engineering Services for the Old Matt Schoolhouse, Phase 2, for the Department of Public Facilities as presented by staff - Director, Department of Procurement

(G) Board approval of a Special Facility Use Agreement with Timberline Glamping (formerly known as Georgia Glamping Company, LLC) to allow Courtesy Dumping Service to RVs staying in Shady Grove Campground - Director, Department of Procurement

(H) Board approval to renew, for a 5-year period, the Special Facility Use Agreement with Timberline Glamping (formerly known as Georgia Glamping Company, LLC) for glamping setups at thirteen dedicated campsites (#9 - #21) at Shady Grove Campground as presented by staff - Director, Department of Parks and Recreation

(I) Board approval of the updated Site Master Plan for Shady Grove Campground with authorization for Jim Pryor, Department of Parks and Recreation Director, to transmit the Plan to the US Army Corps. of Engineers for consideration - Director, Department of Parks and Recreation

(J) Board approval to award to McMillan Pazdan Smith Architecture in an amount not to exceed $605,900 for providing Architectural Design Services for the Denmark Library - Denmark Library - Director, Forsyth County Public Library

(K) Board authorization for staff to proceed with the plan, as presented, regarding publishing the Agenda Packet for Board of Commissioners' Work Sessions and Regular Meetings / Public Hearings on the County's website - Assistant County Manager (Kenney)
(L) Board authorization for staff to proceed with the Public Hearing process regarding a County-Initiated rezoning to A1 with a Conditional Use Permit for a place of worship located at 1979 Buford Highway - Parcel 201-146 - Semanson / John

(M) Board approval of ­an Agreement Concerning Environmental Campus Drive between MKW Capital, LLC, JOJO Capital, LLC, the City of Cumming, and Forsyth County, which Agreement includes the potential swap of real property owned by MKW Capital, LLC, and JOJO Capital, LLC, with real property owned by Forsyth County as presented - County Attorney

(N) Board approval of an Agreement for Exchange of Realty at Sawnee Mountain Preserve, involving Forsyth County and John North and tax parcel 125-113 and tax parcel 125-116 as presented by Counsel - County Attorney

(O) Board adoption of a First Amendment to Memorandum of Understanding Regarding Disposition of 608 Veterans Memorial Boulevard with the Development Authority of Forsyth County as presented by Counsel - County Attorney

(P) Board authorization for staff to move the consideration and approval of request by the Superior Court of Forsyth County to increase the County Supplements of newly hired Superior Court Judicial Assistants to the next meeting of the Finance Committee for discussion and consideration with authorization for staff to perform comparisons with surrounding counties - Circuit Court Administrator, Superior Court

(5) Board approval of retention, as a professional service, McGuire Woods Consulting, to provide specialized consulting services related to America Rescue Plan Act funding and interaction with the federal government, with an initial allocated amount of $8,000 for the first month of services, but with discretion awarded to the County Manager to authorize one additional month of service up to at an additional $8,000.00 - County Manager

VIII. Public Hearings

The Board voted 4-0-1 (Commissioner Cooper absent) [during adoption of the Agenda] to move Public Hearings (10) to be heard prior to Public Hearings (1).

(10) Public Hearing regarding consideration and possible approval of a Settlement Agreement between Alex C. Kliros, et. seq, v. Tom Brown, et. seq. 19CV1553-2, a civil action pending in the Forsyth County Superior Court, that will settle claims between the parties and otherwise impose zoning and land use-based entitlements, variances, restrictions, and other obligations on the parties and on 90.37 acres located near State Route 141 and South Clement Road, otherwise referred to as Forsyth County tax parcels 110-010, 110-011, and 110-012 - County Attorney
The Public Hearing was held. The Board voted 4-0-1 (Commissioner Cooper absent) to approve the Settlement Agreement between Alex C. Kliros, et. seq, v. Tom Brown, et. seq. 19CV1553-2, a civil action pending in the Forsyth County Superior Court, that will settle claims between the parties and otherwise impose zoning and land use-based entitlements, variances, restrictions, and other obligations on the parties and on 90.37 acres located near State Route 141 and South Clement Road, otherwise referred to as Forsyth County tax parcels 110-010, 110-011, and 110-012 with the conditions as stated by Counselor Ken Jarrard.

Ken Jarrard, County Attorney, requested Commissioner John to confirm the previous motion was regarding the Agreement handed out at the start of the meeting by Mr. Jarrard prior to this Item’s discussion; Commissioner John confirmed.

(1) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Amin Industries LLC dba Goodlife Liquor located at 6075 Post Road, Suite 100 - Named Licensee is Parth Amin - AL01449 - District 3 - Business License Manager, Department of Business License
(Postponed from the June 17, 2021 and the August 5, 2021 Agendas)
The Board voted 4-0-1 (Commissioner Cooper absent) [during adoption of the Agenda] to postpone this Item to the October 7, 2021 Regular Meeting / Public Hearings.

(2) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Golden Liquor LLC dba Blue Glass Liquor and Wine located at 6015 Post Road, Suite C - Named Licensee is Akshaykumar Patel - AL01553 - District 3 - Business License Manager, Department of Business License
(Postponed from the July 22, 2021 and the August 5, 2021 Agendas)
The Board voted 4-0-1 (Commissioner Cooper absent) [during adoption of the Agenda] to postpone this Item to the October 7, 2021 Regular Meeting / Public Hearings.

(3) Public Hearing and possible vote regarding amendments to the Alcohol Ordinance, otherwise known as Forsyth County Ordinance 68, to include allowances for delivery of alcohol, to-go packaged alcohol, mixed drinks to-go, manufacturer increased production and sales limits, renewal of conditional license; and, to repeal conflicting Ordinances - Business License Manager, Department of Business License
(This evening is the first of two required Public Hearings necessary for Board adoption)
The Public Hearing was held. This Hearing was the first of two required Public Hearings; no Board action taken.

(4) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA2339 (The Peachtree Development Group, Inc.) by Nelson and Jennifer Lafayette and a variance to UDC Table 11.2(a) - Parcel 159-444 - AZ210035 - District 2 - Director, Department of Planning and Community Development
The Public Hearing was held. The Board voted 4-0-1 (Commissioner Cooper absent) to approve AZ210035, an application seeking an Amendment of Zoning Conditions on ZA2339 (The Peachtree Development Group, Inc.) by Nelson and Jennifer Lafayette and a variance to UDC Table 11.2(a) - Parcel 159-444.

(5) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA3998 (Domain Realty, Inc.) by Domain Realty, Inc. - Parcels 037-002 and 037-026 - AZ210033 - District 3 - Director, Department of Planning and Community Development
The Public Hearing was held. The Board voted 4-0-1 (Commissioner Cooper absent) to approve AZ210033, an application seeking an Amendment of Zoning Conditions on ZA3998 (Domain Realty, Inc.) by Domain Realty, Inc. - Parcels 037-002 and 037-026, as shown on the screen.

(6) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA3708 (WDW, LLC) by Jeffrey and Dawn Johnson - Parcel 016-302 - AZ210034 - District 3 - Director, Department of Planning and Community Development
The Public Hearing was held. The Board voted 4-0-1 (Commissioner Cooper absent) to postpone the decision regarding AZ210034, an application seeking an Amendment of Zoning Conditions on ZA3708 (WDW, LLC) by Jeffrey and Dawn Johnson - Parcel 016-302 - AZ210034, to the October 7, 2021 Regular Meeting / Public Hearings. This Item will appear on the Agenda under “Old Business”.

(7) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA2431 (Vickery Land Co., LLC) by Tracey L. Varrone - Parcel 058-522 - AZ210036 - District 3 - Director, Department of Planning and Community Development
The Public Hearing was held. The Board voted 4-0-1 (Commissioner Cooper absent) to approve AZ210036, an application seeking an Amendment of Zoning Conditions on ZA2431 (Vickery Land Co., LLC) by Tracey L. Varrone - Parcel 058-522, as displayed including the additional language provided by Legal Counsel as well as language provided by the Vickery Residential Association HOA.

(8) Public Hearing and possible vote regarding amendments to the Unified Development Code related to Timber Harvesting within Chapters 11, 12, 14, 15, and 16 - Planning Manager, Department of Planning and Community Development
(The first Public Hearing was held before the Planning Commission on July 27, 2021)
The Public Hearing was held. The Board voted 4-0-1 (Commissioner Cooper absent) to approve and adopt the amendments to the Unified Development Code related to Timber Harvesting within Chapters 11, 12, 14, 15, and 16 as presented by staff.

(9) Public Hearing and possible vote regarding amendments to Chapter 20b related to Specialty Districts within the Unified Development Code of Forsyth County - Deputy Director, Department of Planning and Community Development
(The first Public Hearing was held before the Planning Commission on July 27, 2021)
The Public Hearing was held. The Board voted 4-0-1 (Commissioner Cooper absent) to postpone this item for two months with Chairman Mills and Commissioner Semanson to be on a committee to work to resolve issues that have been raised.

Prior to the previous vote, Ken Jarrard, County Attorney, clarified that Commissioners Mills and Semanson would not be on a committee, and that creation of a formal committee was not intended.

(10) Public Hearing regarding consideration and possible approval of a Settlement Agreement between Alex C. Kliros, et. seq, v. Tom Brown, et. seq. 19CV1553-2, a civil action pending in the Forsyth County Superior Court, that will settle claims between the parties and otherwise impose zoning and land use-based entitlements, variances, restrictions, and other obligations on the parties and on 90.37 acres located near State Route 141 and South Clement Road, otherwise referred to as Forsyth County tax parcels 110-010, 110-011, and 110-012 - County Attorney
The Board voted 4-0-1 (Commissioner Cooper absent) [during adoption of the Agenda] to move this Item to be heard prior to Public Hearings (1).

(11) Public Hearing and possible vote regarding proposed changes to the Forsyth County Record Retention Schedules to update based on most-current schedules - County Attorney
The Public Hearing was held. This Hearing was the first of two required Public Hearings; no Board action taken.

IX. Public Comments
There was one speaker during Public Comments.

X. Old Business

(1) RJJ Development LLC - ZA4011 - to rezone from Single Family Residential District (RES3), Neighborhood Shopping District (NS) and Agricultural District (A1) to Single Family Residential District (RES3) on 20.481 acres for 27 residential lots with a density of 1.32 units per acre - Parcel 009-188 - District 1 - Director, Department of Planning and Community Development
(Postponed from the August 19, 2021 Agenda)
The Board voted 4-0-1 (Commissioner Cooper absent) to approve ZA4011, an application seeking to rezone from Single Family Residential District (RES3), Neighborhood Shopping District (NS) and Agricultural District (A1) to Single Family Residential District (RES3) on 20.481 acres, with the conditions as shown with the modifications to conditions 11 and 14 as described.

(2) JKN Ventures, LLC - CP210009 - to build a 5,390 sq. ft. minor automobile service establishment with 18 parking spaces on 2.17 acres currently zoned Commercial Business District (CBD) with the following variance to: 1.) Reduce the landscape strip along the side lot line from 10 ft. to 0 ft. (UDC 12-10.15)(UDC 21-6.5(A)(2)) - Parcel 018-210 - District 3 - Director, Department of Planning and Community Development
(Postponed from the August 19, 2021 Agenda)
The Board voted 4-0-1 (Commissioner Cooper absent) to approve CP210009, an application seeking to build a 5,390 sq. ft. minor automobile service establishment, with conditions as presented and architectural renderings to be similar to what was shown and with the requested variance.

(3) Jonathan Gonzalez - ZA4007 - to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Commercial Business District (CBD) with a Conditional Use Permit (CUP) for an open air business on 2 acres associated with an existing 1,036 sq. ft. building with 8 parking spaces with the following variances to: 1.) Reduce the front setback from 40 ft. to 24 ft. (UDC Table 12.2); 2.) Reduce the front landscape strip from 20 ft. to 10 ft. (UDC 21-6.5(A)(1)); and, 3.) Reduce the required number of parking spaces from 75 to 8 (UDC Table 17.1) - Parcel 017-055 - District 3 - Director, Department of Planning and Community Development
(Postponed from the August 19, 2021 Agenda)
The Board voted 4-0-1 (Commissioner Cooper absent) to postpone this Item to the November 4, 2021 Regular Meeting / Public Hearings with a Public Hearing to be held.

(4) Georgia Sports Arena, LLC - ZA4012 - to rezone from Neighborhood Shopping District (NS), Single Family Residential District (R1) and Commercial Business District (CBD) to Commercial Business District (CBD) on 13.92 acres for an office, retail trade establishment, a 6,000 sq. ft. restaurant and a 55,600 sq. ft. indoor commercial recreational facility with a Conditional Use Permit (CUP) for outdoor commercial athletic fields with 315 parking spaces with the following variance to: 1.) Reduce the exterior buffer adjacent to outlots 1-4 from 40 ft. to 0 ft. (UDC 16-4.6(C)) - Parcels 130-049, 130-050, 130-052, and 130-068 - District 3 - Director, Department of Planning and Community Development
(Postponed from the August 19, 2021 Agenda)
The Board voted 4-0-1 (Commissioner Cooper absent) to approve ZA4012, an application seeking to rezone from Neighborhood Shopping District (NS), Single Family Residential District (R1) and Commercial Business District (CBD) to Commercial Business District (CBD) on 13.92 acres for an office, retail trade establishment, a 6,000 sq. ft. restaurant and a 55,600 sq. ft. indoor commercial recreational facility with a Conditional Use Permit (CUP) for outdoor commercial athletic fields, with the conditions, site plan, and conditional use permit.

XI. New Business

(1) Board consideration of the request by Apparao Chithaluri for a Public Hearing regarding an appeal of the Zoning Board of Appeals’ (ZBA) decision to deny a variance on VA210047 (Apparao Chithaluri); this variance was denied on August 3, 2021 - AV210006 - District 2 - Director, Department of Planning and Community Development
The Board voted 4-0-1 (Commissioner Cooper absent) to deny the request by Apparao Chithaluri for a Public Hearing regarding an appeal of the Zoning Board of Appeals’ (ZBA) decision to deny a variance on VA210047 (Apparao Chithaluri).

The Board voted 4-0-1 (Commissioner Cooper absent) [during adoption of the Agenda] to add New Business (2).

(2) Board consideration of an Addendum to Right to Enter Agreement by and between Anson Logistics Assets, LLC and Forsyth County - County Attorney
The Board voted 4-0-1 (Commissioner Cooper absent) to approve the Addendum to Right to Enter Agreement by and between Anson Logistics Assets, LLC and Forsyth County.

XII. Recess Regular Meeting

XIII. Executive Session (if needed)

XIV. Adjournment
The Board voted 4-0-1 (Commissioner Cooper absent) to adjourn the Regular Meeting / Public Hearings at 7:16 p.m.

FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARINGS
SEPTEMBER 2, 2021

On Thursday, September 2, 2021 at 5:01 p.m., in the Commissioners’ Meeting Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Regular Meeting/Public Hearings with the following persons present: Cindy Jones Mills – Chairman, Alfred John – Secretary, Todd Levent – Member, Laura Semanson – Member, Kevin Tanner – County Manager, Ken Jarrard – County Attorney and Rhonda Hansard – Clerk.

Vice Chairman Cooper was absent.

THE FORSYTH COUNTY BOARD OF COMMISSIONERS REGULAR MEETING / PUBLIC HEARINGS ON SEPTEMBER 2, 2021, AT 5:00 P.M. SHALL BE VIA IN-PERSON ASSEMBLY OF THE BOARD.

While the public may attend the meeting in-person, information regarding remote streaming and participation opportunities is available at www.forsythco.com


AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, SEPTEMBER 2, 2021 AT 5:00 PM
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 / Public Hearings of August 19, 2021

(2) Work Session and Executive Session of August 24, 2021

VII. Consent Agenda

(1) Board adoption of Resolution authorizing Affidavit concerning the Executive Session of August 24, 2021

(2) Board acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Sanctuary Walk Drive, Foxdale Lane, Golden Knoll Road, Eastbank Landing Drive, and all other property and property rights as shown on the Subdivision Plat for The Estates at Starr Creek, recorded in Plat Book 197, Pages 21-30, Forsyth County, Georgia Records - District 1 - Director, Department of Engineering

(3) Board acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Scenic Ridge Way and all other property and property rights as shown on the Subdivision Plat for River Rock, Phase 2-Unit 1, Phase 3, recorded in Plat Book 197, Pages 89-110, Forsyth County, Georgia Records - District 4 - Director, Department of Engineering

(4) Board ratification of the following items that were discussed and voted on at a Work Session held on August 24, 2021 (to the extent that a Board Member was not present to vote on one of the items presented below at the August 24, 2021 Work Session, the absent Board Member has indicated having no objection to placement of the item on the Consent Agenda - at the request of County staff - as anticipated by Board Rule 1.07.01):

(A) Board authorization for staff to proceed with the issuance of a Purchase Order to Tyler Technologies in the amount of $82,100 for the Animal Services Project with permission to continue the annual renewal / maintenance (based upon business need) for the life of the software with authorization for the County Manager to sign the appropriate documents - Director, Department of Procurement

(B) Board authorization for staff to proceed with the issuance of a Purchase Order to MES-Southeast in the amount of $230,533.60 for the purchase of Hurst Extrication Equipment for the Fire Department - Director, Department of Procurement

(C) Board approval to award Bid 20-100-1620 to Etrenzik LED in the amount of $99,900.17 to provide materials, equipment, and labor for the LED Lighting Replacement Project at five County locations - Director, Department of Procurement

(D) Board approval to award Bid 21-108-2410 to Georgia Fire and Rescue Supply in the amount of $98,829.80 for the purchase of new Paratech Trench Rescue Equipment with permission to trade-in the old equipment - Director, Department of Procurement

(E) Board approval to award RFP 21-99-1500 to Clean Earth of Alabama for providing services to hold a Household Hazardous Waste Drop-Off Event for the Department of Recycling and Solid Waste with a cost to be dependent upon the amount of waste received from citizens as presented - Director, Department of Procurement

(F) Board approval to award RFP 21-101-1620 to Jericho Design Group in the amount of $67,600 for Architectural / Engineering Services for the Old Matt Schoolhouse, Phase 2, for the Department of Public Facilities as presented by staff - Director, Department of Procurement

(G) Board approval of a Special Facility Use Agreement with Timberline Glamping (formerly known as Georgia Glamping Company, LLC) to allow Courtesy Dumping Service to RVs staying in Shady Grove Campground - Director, Department of Procurement

(H) Board approval to renew, for a 5-year period, the Special Facility Use Agreement with Timberline Glamping (formerly known as Georgia Glamping Company, LLC) for glamping setups at thirteen dedicated campsites (#9 - #21) at Shady Grove Campground as presented by staff - Director, Department of Parks and Recreation

(I) Board approval of the updated Site Master Plan for Shady Grove Campground with authorization for Jim Pryor, Department of Parks and Recreation Director, to transmit the Plan to the US Army Corps. of Engineers for consideration - Director, Department of Parks and Recreation

(J) Board approval to award to McMillan Pazdan Smith Architecture in an amount not to exceed $605,900 for providing Architectural Design Services for the Denmark Library - Denmark Library - Director, Forsyth County Public Library

(K) Board authorization for staff to proceed with the plan, as presented, regarding publishing the Agenda Packet for Board of Commissioners' Work Sessions and Regular Meetings / Public Hearings on the County's website - Assistant County Manager (Kenney)

(L) Board authorization for staff to proceed with the Public Hearing process regarding a County-Initiated rezoning to A1 with a Conditional Use Permit for a place of worship located at 1979 Buford Highway - Parcel 201-146 - Semanson / John

(M) Board approval of an Agreement Concerning Environmental Campus Drive between MKW Capital, LLC, JOJO Capital, LLC, the City of Cumming, and Forsyth County, which Agreement includes the potential swap of real property owned by MKW Capital, LLC, and JOJO Capital, LLC, with real property owned by Forsyth County as presented - County Attorney

(N) Board approval of an Agreement for Exchange of Realty at Sawnee Mountain Preserve, involving Forsyth County and John North and tax parcel 125-113 and tax parcel 125-116 as presented by Counsel - County Attorney

(O) Board adoption of a First Amendment to Memorandum of Understanding Regarding Disposition of 608 Veterans Memorial Boulevard with the Development Authority of Forsyth County as presented by Counsel - County Attorney

(P) Board authorization for staff to move the consideration and approval of request by the Superior Court of Forsyth County to increase the County Supplements of newly hired Superior Court Judicial Assistants to the next meeting of the Finance Committee for discussion and consideration with authorization for staff to perform comparisons with surrounding counties - Circuit Court Administrator, Superior Court

(5) Board approval of retention, as a professional service, McGuire Woods Consulting, to provide specialized consulting services related to America Rescue Plan Act funding and interaction with the federal government, with an initial allocated amount of $8,000 for the first month of services, but with discretion awarded to the County Manager to authorize one additional month of service up to at an additional $8,000.00 - County Manager

VIII. Public Hearings

(1) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Amin Industries LLC dba Goodlife Liquor located at 6075 Post Road, Suite 100 - Named Licensee is Parth Amin - AL01449 - District 3 - Business License Manager, Department of Business License
(Postponed from the June 17, 2021 and the August 5, 2021 Agendas)

(2) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Golden Liquor LLC dba Blue Glass Liquor and Wine located at 6015 Post Road, Suite C - Named Licensee is Akshaykumar Patel - AL01553 - District 3 - Business License Manager, Department of Business License
(Postponed from the July 22, 2021 and the August 5, 2021 Agendas)

(3) Public Hearing and possible vote regarding amendments to the Alcohol Ordinance, otherwise known as Forsyth County Ordinance 68, to include allowances for delivery of alcohol, to-go packaged alcohol, mixed drinks to-go, manufacturer increased production and sales limits, renewal of conditional license; and, to repeal conflicting Ordinances - Business License Manager, Department of Business License
(This evening is the first of two required Public Hearings necessary for Board adoption)

(4) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA2339 (The Peachtree Development Group, Inc.) by Nelson and Jennifer Lafayette and a variance to UDC Table 11.2(a) - Parcel 159-444 - AZ210035 - District 2 - Director, Department of Planning and Community Development

(5) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA3998 (Domain Realty, Inc.) by Domain Realty, Inc. - Parcels 037-002 and 037-026 - AZ210033 - District 3 - Director, Department of Planning and Community Development

(6) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA3708 (WDW, LLC) by Jeffrey and Dawn Johnson - Parcel 016-302 - AZ210034 - District 3 - Director, Department of Planning and Community Development

(7) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA2431 (Vickery Land Co., LLC) by Tracey L. Varrone - Parcel 058-522 - AZ210036 - District 3 - Director, Department of Planning and Community Development

(8) Public Hearing and possible vote regarding amendments to the Unified Development Code related to Timber Harvesting within Chapters 11, 12, 14, 15, and 16 - Planning Manager, Department of Planning and Community Development
(The first Public Hearing was held before the Planning Commission on July 27, 2021)

(9) Public Hearing and possible vote regarding amendments to Chapter 20b related to Specialty Districts within the Unified Development Code of Forsyth County - Deputy Director, Department of Planning and Community Development
(The first Public Hearing was held before the Planning Commission on July 27, 2021)

(10) Public Hearing regarding consideration and possible approval of a Settlement Agreement between Alex C. Kliros, et. seq, v. Tom Brown, et. seq. 19CV1553-2, a civil action pending in the Forsyth County Superior Court, that will settle claims between the parties and otherwise impose zoning and land use-based entitlements, variances, restrictions, and other obligations on the parties and on 90.37 acres located near State Route 141 and South Clement Road, otherwise referred to as Forsyth County tax parcels 110-010, 110-011, and 110-012 - County Attorney

(11) Public Hearing and possible vote regarding proposed changes to the Forsyth County Record Retention Schedules to update based on most-current schedules - County Attorney

IX. Public Comments

X. Old Business

(1) RJJ Development LLC - ZA4011 - to rezone from Single Family Residential District (RES3), Neighborhood Shopping District (NS) and Agricultural District (A1) to Single Family Residential District (RES3) on 20.481 acres for 27 residential lots with a density of 1.32 units per acre - Parcel 009-188 - District 1 - Director, Department of Planning and Community Development
(Postponed from the August 19, 2021 Agenda)

(2) JKN Ventures, LLC - CP210009 - to build a 5,390 sq. ft. minor automobile service establishment with 18 parking spaces on 2.17 acres currently zoned Commercial Business District (CBD) with the following variance to: 1.) Reduce the landscape strip along the side lot line from 10 ft. to 0 ft. (UDC 12-10.15)(UDC 21-6.5(A)(2)) - Parcel 018-210 - District 3 - Director, Department of Planning and Community Development
(Postponed from the August 19, 2021 Agenda)

(3) Jonathan Gonzalez - ZA4007 - to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Commercial Business District (CBD) with a Conditional Use Permit (CUP) for an open air business on 2 acres associated with an existing 1,036 sq. ft. building with 8 parking spaces with the following variances to: 1.) Reduce the front setback from 40 ft. to 24 ft. (UDC Table 12.2); 2.) Reduce the front landscape strip from 20 ft. to 10 ft. (UDC 21-6.5(A)(1)); and, 3.) Reduce the required number of parking spaces from 75 to 8 (UDC Table 17.1) - Parcel 017-055 - District 3 - Director, Department of Planning and Community Development
(Postponed from the August 19, 2021 Agenda)

(4) Georgia Sports Arena, LLC - ZA4012 - to rezone from Neighborhood Shopping District (NS), Single Family Residential District (R1) and Commercial Business District (CBD) to Commercial Business District (CBD) on 13.92 acres for an office, retail trade establishment, a 6,000 sq. ft. restaurant and a 55,600 sq. ft. indoor commercial recreational facility with a Conditional Use Permit (CUP) for outdoor commercial athletic fields with 315 parking spaces with the following variance to: 1.) Reduce the exterior buffer adjacent to outlots 1-4 from 40 ft. to 0 ft. (UDC 16-4.6(C)) - Parcels 130-049, 130-050, 130-052, and 130-068 - District 3 - Director, Department of Planning and Community Development
(Postponed from the August 19, 2021 Agenda)

XI. New Business

(1) Board consideration of the request by Apparao Chithaluri for a Public Hearing regarding an appeal of the Zoning Board of Appeals’ (ZBA) decision to deny a variance on VA210047 (Apparao Chithaluri); this variance was denied on August 3, 2021 - AV210006 - District 2 - Director, Department of Planning and Community Development

XII. Recess Regular Meeting

XIII. Executive Session (if needed)

XIV. Adjournment


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

The Invocation and Pledge of Allegiance were led by Craig Richard, Pastor of Oak Grove Baptist Church.

ADOPTION OF AGENDA

There was a motion by Commissioner Levent and a second by Commissioner Semanson to postpone Public Hearing, Item #1 (Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Amin Industries LLC dba Goodlife Liquor located at 6075 Post Road, Suite 100 - Named Licensee is Parth Amin - AL01449 - District 3) to the Regular Meeting/Public Hearings of October 7, 2021. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

There was a motion by Commissioner Levent and a second by Commissioner Semanson to postpone Public Hearing, Item #2 (Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Golden Liquor LLC dba Blue Glass Liquor and Wine located at 6015 Post Road, Suite C - Named Licensee is Akshaykumar Patel - AL01553 - District 3) to the Regular Meeting/Public Hearings of October 7, 2021. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

There was a motion by Commissioner John and a second by Commissioner Semanson to move Public Hearing, Item #10 (Public Hearing regarding consideration and possible approval of a Settlement Agreement between Alex C. Kliros, et. seq, v. Tom Brown, et. seq. 19CV1553-2, a civil action pending in the Forsyth County Superior Court, that will settle claims between the parties and otherwise impose zoning and land use-based entitlements, variances, restrictions, and other obligations on the parties and on 90.37 acres located near State Route 141 and South Clement Road, otherwise referred to as Forsyth County tax parcels 110-010, 110-011, and 110-012) prior to Public Hearing, Item #1. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

There was a motion by Commissioner Semanson and a second by Commissioner John to add New Business, Item #2 (Board consideration of an Addendum to Right to Enter Agreement by and between Anson Logistics Assets, LLC and Forsyth County) on a time sensitive basis at the request of the County Attorney. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

There was a motion by Commissioner Semanson and a second by Commissioner John to adopt the agenda as amended. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:

None

UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:

None

UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:

(1) Regular Meeting/Public Hearings of August 19, 2021

There was a motion by Commissioner Semanson and a second by Commissioner Levent to adopt the minutes of the Regular Meeting/Public Hearings of August 19, 2021. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(2) Work Session & Executive Session of August 24, 2021

There was a motion by Commissioner Semanson and a second by Commissioner John to adopt the minutes of the Work Session & Executive Session of August 24, 2021. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

UNDER CONSENT AGENDA THE FOLLOWING ACTIONS WERE TAKEN:

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

(1) Board adoption of Resolution authorizing Affidavit concerning the Executive Session of August 24, 2021

(2) Board acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Sanctuary Walk Drive, Foxdale Lane, Golden Knoll Road, Eastbank Landing Drive, and all other property and property rights as shown on the Subdivision Plat for The Estates at Starr Creek, recorded in Plat Book 197, Pages 21-30, Forsyth County, Georgia Records - District 1 - Director, Department of Engineering

(3) Board acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Scenic Ridge Way and all other property and property rights as shown on the Subdivision Plat for River Rock, Phase 2-Unit 1, Phase 3, recorded in Plat Book 197, Pages 89-110, Forsyth County, Georgia Records - District 4 - Director, Department of Engineering

(4) Board ratification of the following items that were discussed and voted on at a Work Session held on August 24, 2021 (to the extent that a Board Member was not present to vote on one of the items presented below at the August 24, 2021 Work Session, the absent Board Member has indicated having no objection to placement of the item on the Consent Agenda - at the request of County staff - as anticipated by Board Rule 1.07.01):

(A) Board authorization for staff to proceed with the issuance of a Purchase Order to Tyler Technologies in the amount of $82,100 for the Animal Services Project with permission to continue the annual renewal / maintenance (based upon business need) for the life of the software with authorization for the County Manager to sign the appropriate documents - Director, Department of Procurement

(B) Board authorization for staff to proceed with the issuance of a Purchase Order to MES-Southeast in the amount of $230,533.60 for the purchase of Hurst Extrication Equipment for the Fire Department - Director, Department of Procurement

(C) Board approval to award Bid 20-100-1620 to Etrenzik LED in the amount of $99,900.17 to provide materials, equipment, and labor for the LED Lighting Replacement Project at five County locations - Director, Department of Procurement

(D) Board approval to award Bid 21-108-2410 to Georgia Fire and Rescue Supply in the amount of $98,829.80 for the purchase of new Paratech Trench Rescue Equipment with permission to trade-in the old equipment - Director, Department of Procurement

(E) Board approval to award RFP 21-99-1500 to Clean Earth of Alabama for providing services to hold a Household Hazardous Waste Drop-Off Event for the Department of Recycling and Solid Waste with a cost to be dependent upon the amount of waste received from citizens as presented - Director, Department of Procurement

(F) Board approval to award RFP 21-101-1620 to Jericho Design Group in the amount of $67,600 for Architectural / Engineering Services for the Old Matt Schoolhouse, Phase 2, for the Department of Public Facilities as presented by staff - Director, Department of Procurement

(G) Board approval of a Special Facility Use Agreement with Timberline Glamping (formerly known as Georgia Glamping Company, LLC) to allow Courtesy Dumping Service to RVs staying in Shady Grove Campground - Director, Department of Procurement

(H) Board approval to renew, for a 5-year period, the Special Facility Use Agreement with Timberline Glamping (formerly known as Georgia Glamping Company, LLC) for glamping setups at thirteen dedicated campsites (#9 - #21) at Shady Grove Campground as presented by staff - Director, Department of Parks and Recreation

(I) Board approval of the updated Site Master Plan for Shady Grove Campground with authorization for Jim Pryor, Department of Parks and Recreation Director, to transmit the Plan to the US Army Corps. of Engineers for consideration - Director, Department of Parks and Recreation

(J) Board approval to award to McMillan Pazdan Smith Architecture in an amount not to exceed $605,900 for providing Architectural Design Services for the Denmark Library - Denmark Library - Director, Forsyth County Public Library
(K) Board authorization for staff to proceed with the plan, as presented, regarding publishing the Agenda Packet for Board of Commissioners' Work Sessions and Regular Meetings / Public Hearings on the County's website - Assistant County Manager (Kenney)

(L) Board authorization for staff to proceed with the Public Hearing process regarding a County-Initiated rezoning to A1 with a Conditional Use Permit for a place of worship located at 1979 Buford Highway - Parcel 201-146 - Semanson / John

(M) Board approval of an Agreement Concerning Environmental Campus Drive between MKW Capital, LLC, JOJO Capital, LLC, the City of Cumming, and Forsyth County, which Agreement includes the potential swap of real property owned by MKW Capital, LLC, and JOJO Capital, LLC, with real property owned by Forsyth County as presented - County Attorney

(N) Board approval of an Agreement for Exchange of Realty at Sawnee Mountain Preserve, involving Forsyth County and John North and tax parcel 125-113 and tax parcel 125-116 as presented by Counsel - County Attorney

(O) Board adoption of a First Amendment to Memorandum of Understanding Regarding Disposition of 608 Veterans Memorial Boulevard with the Development Authority of Forsyth County as presented by Counsel - County Attorney

(P) Board authorization for staff to move the consideration and approval of request by the Superior Court of Forsyth County to increase the County Supplements of newly hired Superior Court Judicial Assistants to the next meeting of the Finance Committee for discussion and consideration with authorization for staff to perform comparisons with surrounding counties - Circuit Court Administrator, Superior Court

(5) Board approval of retention, as a professional service, McGuire Woods Consulting, to provide specialized consulting services related to America Rescue Plan Act funding and interaction with the federal government, with an initial allocated amount of $8,000 for the first month of services, but with discretion awarded to the County Manager to authorize one additional month of service up to at an additional $8,000.00 - County Manager

Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:

(10) Public Hearing regarding consideration and possible approval of a Settlement Agreement between Alex C. Kliros, et. seq, v. Tom Brown, et. seq. 19CV1553-2, a civil action pending in the Forsyth County Superior Court, that will settle claims between the parties and otherwise impose zoning and land use-based entitlements, variances, restrictions, and other obligations on the parties and on 90.37 acres located near State Route 141 and South Clement Road, otherwise referred to as Forsyth County tax parcels 110-010, 110-011, and 110-012

Ken Jarrard, County Attorney, addressed the Board and provided a presentation.

Commissioner Semanson left the meeting.

Commissioner Semanson returned to the meeting.

Chairman Mills declared the Public Hearing open.

Speaking in favor:
Josh Scoggins
Sandra Shaver
Scott Foster

Speaking in opposition:
None

Chairman Mills declared the Public Hearing closed.

Ken Jarrard, County Attorney, addressed the Board.

There was a motion by Commissioner John and a second by Commissioner Semanson to approve the Settlement Agreement between Alex C. Kliros, et. seq, v. Tom Brown, et. seq. 19CV1553-2, a civil action pending in the Forsyth County Superior Court, that will settle claims between the parties and otherwise impose zoning and land use-based entitlements, variances, restrictions, and other obligations on the parties and on 90.37 acres located near State Route 141 and South Clement Road, otherwise referred to as Forsyth County tax parcels 110-010, 110-011, and 110-012 with the conditions as stated by Counsel.

Prior to the vote, Mr. Jarrard requested Commissioner John to confirm the motion was regarding the Agreement handed out by Mr. Jarrard at the start of the meeting prior to this item’s discussion. Commissioner John confirmed.

Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(1) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Amin Industries LLC dba Goodlife Liquor located at 6075 Post Road, Suite 100 - Named Licensee is Parth Amin - AL01449 - District 3 – This item was postponed [during adoption of the Agenda] to the Regular Meeting/Public Hearings of October 7, 2021

(2) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Golden Liquor LLC dba Blue Glass Liquor and Wine located at 6015 Post Road, Suite C - Named Licensee is Akshaykumar Patel - AL01553 - District 3 –This item was postponed [during adoption of the Agenda] to the Regular Meeting/Public Hearings of October 7, 2021

(3) Public Hearing and possible vote regarding amendments to the Alcohol Ordinance, otherwise known as Forsyth County Ordinance 68, to include allowances for delivery of alcohol, to-go packaged alcohol, mixed drinks to-go, manufacturer increased production and sales limits, renewal of conditional license; and, to repeal conflicting Ordinances

Amy Konrath, Business License Manager, addressed the Board and provided a PowerPoint presentation.

Chairman Mills declared the Public Hearing open.

Speaking in favor:
Ricardo Jaime
Amy Moreau
Joseph Garcia
Franklin Laljee (via Zoom)

Speaking in opposition:
None

Chairman Mills declared the Public Hearing closed.

Chairman Mills requested Captain Frampton to approach the podium. Captain Frampton confirmed that the Sheriff’s Office is in favor of the proposed changes.

This was the first of two required Public Hearings. No Board action was taken.

(4) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA2339 (The Peachtree Development Group, Inc.) by Nelson and Jennifer Lafayette and a variance to UDC Table 11.2(a) - Parcel 159-444 - AZ210035 - District 2

Tom Brown, Director of Planning & Community Development, addressed the Board.

Chairman Mills declared the Public Hearing open.

Speaking in favor:
Jennifer Lafayette – provided letters of support

Speaking in opposition:
None

Chairman Mills declared the Public Hearing closed.

There was a motion by Commissioner John and a second by Commissioner Semanson to approve the request for an Amendment of Zoning Conditions on ZA2339 (The Peachtree Development Group, Inc.) by Nelson and Jennifer Lafayette and a variance to UDC Table 11.2(a) - Parcel 159-444 - AZ210035 - as displayed which reads as follows:

Modify Condition H to read: The site plan submitted by the developer and approved by the Forsyth County Planning Department shall become the approved concept design plan for development, with the exception of Lot 833, which allows a 25 ft. rear setback to build a residential swimming pool and spa. Lot 862 will allow a 5 ft. rear setback to allow room for pool, spa, outdoor kitchen/cabana. Lot 869, which allows a 25 ft. rear setback to build a swimming pool, spa, and waterfall. Lot 882, which allows a rear setback of 1 ft. rather than 25 ft. Lot 828, which allows a rear setback of 8 ft. rather than 25 ft.

The applicant is also requesting a variance to: 1. Reduce the rear setback from 25 ft. to 8 ft. (UDC Table 11.2(a)).

Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(5) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA3998 (Domain Realty, Inc.) by Domain Realty, Inc. - Parcels 037-002 and 037-026 - AZ210033 - District 3

Tom Brown, Director of Planning & Community Development, addressed the Board.

Chairman Mills declared the Public Hearing open.

Speaking in favor:
Sean Courtney

Speaking in opposition:
None

Chairman Mills declared the Public Hearing closed.

There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the request for an Amendment of Zoning Conditions on ZA3998 (Domain Realty, Inc.) by Domain Realty, Inc. - Parcels 037-002 and 037-026 - AZ210033 – as displayed which reads as follows:

Modify Condition #6 to read: One-story homes/ranches shall have a minimum heated floor area of 2,600 square feet exclusive of garages, porches, basements, and bonus rooms (minimum of 2,600 square feet must be on the main level); two story homes shall have a minimum heated floor area of 3,800 square feet exclusive of garages, porches, and basements. Any home that meets the 2,600 square feet minimum heated floor area requirement on the main level shall qualify as a one-story ranch home for the purpose of this condition; any additional heated square footage on the second level shall not constitute a two-story home for the purpose of this condition.

Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(6) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA3708 (WDW, LLC) by Jeffrey and Dawn Johnson - Parcel 016-302 - AZ210034 - District 3

Tom Brown, Director of Planning & Community Development, addressed the Board.

Chairman Mills declared the Public Hearing open.

Speaking in favor:
None

Speaking in opposition:
Tony Brown

Chairman Mills declared the Public Hearing closed.

There was a motion by Commissioner Levent and a second by Commissioner John to postpone the decision regarding the request for an Amendment of Zoning Conditions on ZA3708 (WDW, LLC) by Jeffrey and Dawn Johnson - Parcel 016-302 - AZ210034 – to the Regular Meeting/Public Hearings of October 7, 2021. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(7) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA2431 (Vickery Land Co., LLC) by Tracey L. Varrone - Parcel 058-522 - AZ210036 - District 3

Tom Brown, Director of Planning & Community Development, addressed the Board.

Chairman Mills declared the Public Hearing open.

Speaking in favor:
Tracey L. Varrone
Larry Lloyd

Speaking in opposition:
None

Chairman Mills declared the Public Hearing closed.

There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the request for an Amendment of Zoning Conditions on ZA2431 (Vickery Land Co., LLC) by Tracey L. Varrone - Parcel 058-522 - AZ210036 – as displayed including the additional language provided by Legal Counsel as well as language provided by the Vickery Residential Association HOA as follows:

Amend the Master Development Plan (page 45, Building Use) previously approved for ZA2431 as follows: Building Use to include a Private School and Personal Service Establishment for a specialized instructional studio in Building L, Suite 210 only. The school authorized by this condition shall not authorize a school that would disqualify alcohol sales outlets under the Forsyth County Code or State law.

Businesses including, but not limited to, private schools and personal service establishments are not allowed to use any properties, common areas or amenities owned or operated by the Vickery Residential Association without the express written permission from the Vickery Residential Association Board of Directors.

Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(8) Public Hearing and possible vote regarding amendments to the Unified Development Code related to Timber Harvesting within Chapters 11, 12, 14, 15, and 16

Heather Ryan, Planning Manager, addressed the Board. The draft modification was displayed.

Chairman Mills declared the Public Hearing open.

No one spoke in favor or opposition.

Chairman Mills declared the Public Hearing closed.

There was a motion by Commissioner Semanson and a second by Commissioner John to approve and adopt the amendments to the Unified Development Code related to Timber Harvesting within Chapters 11, 12, 14, 15, and 16 as presented by staff. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(9) Public Hearing and possible vote regarding amendments to Chapter 20b related to Specialty Districts within the Unified Development Code of Forsyth County

Vanessa Bernstein-Goldman, Deputy Director of Planning & Community Development, addressed the Board and provided a PowerPoint presentation.

Chairman Mills declared the Public Hearing open.

Speaking in favor:
Charlie Heard
Ricky Bryan

Speaking in opposition:
None

Chairman Mills declared the Public Hearing closed.
Board discussion was held.

Commissioner John left the meeting.

Commissioner John returned to the meeting.

Vanessa Bernstein-Goldman, Deputy Director of Planning & Community Development, addressed the Board.

There was a motion by Commissioner Mills and a second by Commissioner Semanson to postpone this item for two months with Chairman Mills and Commissioner Semanson to be on a committee to work to resolve issues that have been raised.

Prior to the vote, the County Attorney clarified that Chairman Mills and Commissioner Semanson would not be on a committee.

Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

Chairman Mills requested the County Clerk to add this to an Agenda in approximately 60 days.

(10) Public Hearing regarding consideration and possible approval of a Settlement Agreement between Alex C. Kliros, et. seq, v. Tom Brown, et. seq. 19CV1553-2, a civil action pending in the Forsyth County Superior Court, that will settle claims between the parties and otherwise impose zoning and land use-based entitlements, variances, restrictions, and other obligations on the parties and on 90.37 acres located near State Route 141 and South Clement Road, otherwise referred to as Forsyth County tax parcels 110-010, 110-011, and 110-012 – This item was moved [during adoption of the Agenda] prior to Public Hearing, Item #1 – See Page #10 for action taken

(11) Public Hearing and possible vote regarding proposed changes to the Forsyth County Record Retention Schedules to update based on most-current schedules

Ken Jarrard, County Attorney, addressed the Board.

Chairman Mills declared the Public Hearing open.

No one spoke in favor or opposition.

Chairman Mills declared the Public Hearing closed.

This was the first of two required Public Hearings. No Board action was taken.

UNDER PUBLIC COMMENTS THE FOLLOWING PERSON ADDRESSED THE BOARD:

Ethan Underwood


UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

(1) RJJ Development LLC - ZA4011 - to rezone from Single Family Residential District (RES3), Neighborhood Shopping District (NS) and Agricultural District (A1) to Single Family Residential District (RES3) on 20.481 acres for 27 residential lots with a density of 1.32 units per acre - Parcel 009-188 - District 1

Tom Brown, Director of Planning & Community Development, addressed the Board.

Ethan Underwood, Attorney, was recognized and addressed the Board at the request of Commissioner Semanson.

Commissioner Semanson reviewed modifications to Condition #11 and Condition #14.

There was a motion by Commissioner Semanson and a second by Commissioner Mills to approve the request by RJJ Development LLC - ZA4011 - to rezone from Single Family Residential District (RES3), Neighborhood Shopping District (NS) and Agricultural District (A1) to Single Family Residential District (RES3) - Parcel 009-188 – with the conditions as displayed including modifications to Condition #11 and Condition #14 as described. The final conditions read as follows:

1. Development shall be substantially in accordance with the site plan on file in the Department.

2. Development shall tie onto Forsyth County sewer system by gravity unless otherwise approved by Forsyth W&S. Gravity sewer outfalls shall follow natural contours to minimize depth.

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

4. Any improvements to the water or sewer systems required to meet fire flow or other requirements shall be done at developer's expense.

5. There shall be a 10-foot minimum setback from all Utility Easements to any building, unless otherwise approved by Forsyth County W&S.

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

7. There shall be a mandatory homeowners association that shall be responsible for maintaining the monument sign, open space and common areas, buffer areas, and stormwater detention areas. Membership in the association shall be required as a condition of closing on each lot within the development.

8. The homeowner's association (HOA) shall include in its covenants a limit of no more than 3 of the properties for rent at any one time.

9. The covenants controlling the development shall provide that management of the homeowner's association shall be turned over to the residents upon 90% of the homes being sold or sooner, at the discretion of the developer.

10. The exterior buffer adjacent to lots 1 through 9 and tax map/parcel 009-095 shall include a 4 ft. planted berm with a 6 ft. privacy fence at the top of the berm (Exhibit A). The privacy fence shall follow the taper of the berm down to grade and connect to the required four-board fence along Heardsville Road. The privacy fence and the berm shall be maintained by the HOA.

11. Stormwater management facilities such as detention and retention ponds shall include landscaping intended to attract dragonflies for mosquito control, including, but not limited to, Sage, Joe Pye Weed, Echinacea, Bee Balm, Black-Eyed Susans, Swamp Milkweed, and White Yarrow. A landscaping plan to comply with the requirements of this condition shall be reviewed and approved by the county arborist. If Forsyth County Engineering determines fencing is required for detention and/or retention ponds, it shall be constructed of either black picket style aluminum fencing or vinyl coated chain link.

12. The detention pond area shall be designed to serve as a pedestrian oriented amenity with enhanced landscaping and walking trail.

13. All roads in the development are authorized to be private based upon developer application and due consideration of the Board of Commissioners, in accordance with UDC § 18-9.1.

14. The development shall include an amenity area that includes a gathering space comprised of a site built gazebo or pavilion with a minimum area of 400 square feet and a cementious masonry stone or paver floor with an integrated fire feature such as a permanently fixed firepit or fireplace.

Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(2) JKN Ventures, LLC - CP210009 - to build a 5,390 sq. ft. minor automobile service establishment with 18 parking spaces on 2.17 acres currently zoned Commercial Business District (CBD) with the following variance to: 1.) Reduce the landscape strip along the side lot line from 10 ft. to 0 ft. (UDC 12-10.15)(UDC 21-6.5(A)(2)) - Parcel 018-210 - District 3

Tom Brown, Director of Planning & Community Development, addressed the Board.

The Architectural Rendering was displayed.

Ethan Underwood, Attorney, was recognized and addressed the Board at the request of Commissioner Levent.

There was a motion by Commissioner Levent and a second by Commissioner John to approve the request by JKN Ventures, LLC - CP210009 - to build a 5,390 sq. ft. minor automobile service establishment with 18 parking spaces on 2.17 acres currently zoned Commercial Business District (CBD) with the following variance to: 1.) Reduce the landscape strip along the side lot line from 10 ft. to 0 ft. (UDC 12-10.15)(UDC 21-6.5(A)(2)) - Parcel 018-210 – with the conditions as displayed and with the architectural renderings to be similar to what was displayed. The conditions read as follows:

1. Development shall be substantially in accordance with the site plan on file in the Department. Building exterior design shall substantially comply with the elevation renderings attached as Exhibit A.

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

3. Gravity sewer outfalls shall follow natural contours to minimize depth.

4. Any improvements to the water or sewer systems required to meet fire flow or other requirements shall be done at developer's expense.

5. There shall be a 10-foot minimum setback from all Utility Easements to any building, unless otherwise approved by Forsyth County W&S.

6. There shall be no trees planted within the right of way or in utility easements, unless otherwise approved by Forsyth County W&S.

7. Final exterior architectural design shall be approved by the District Commissioner.

Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(3) Jonathan Gonzalez - ZA4007 - to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Commercial Business District (CBD) with a Conditional Use Permit (CUP) for an open air business on 2 acres associated with an existing 1,036 sq. ft. building with 8 parking spaces with the following variances to: 1.) Reduce the front setback from 40 ft. to 24 ft. (UDC Table 12.2); 2.) Reduce the front landscape strip from 20 ft. to 10 ft. (UDC 21-6.5(A)(1)); and, 3.) Reduce the required number of parking spaces from 75 to 8 (UDC Table 17.1) - Parcel 017-055 - District 3

Tom Brown, Director of Planning & Community Development, addressed the Board.

Jonathan Beard, Attorney, was recognized and addressed the Board at the request of Commissioner Levent.

There was a motion by Commissioner Levent and a second by Commissioner John to postpone this item to the Regular Meeting/Public Hearings of November 4, 2021 for an additional Public Hearing. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(4) Georgia Sports Arena, LLC - ZA4012 - to rezone from Neighborhood Shopping District (NS), Single Family Residential District (R1) and Commercial Business District (CBD) to Commercial Business District (CBD) on 13.92 acres for an office, retail trade establishment, a 6,000 sq. ft. restaurant and a 55,600 sq. ft. indoor commercial recreational facility with a Conditional Use Permit (CUP) for outdoor commercial athletic fields with 315 parking spaces with the following variance to: 1.) Reduce the exterior buffer adjacent to outlots 1-4 from 40 ft. to 0 ft. (UDC 16-4.6(C)) - Parcels 130-049, 130-050, 130-052, and 130-068 - District 3

Tom Brown, Director of Planning & Community Development, addressed the Board.

Sean Courtney, Attorney, was recognized and addressed the Board at the request of Commissioner Levent.

A copy of Exhibit “A” was displayed.

There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the request by Georgia Sports Arena, LLC - ZA4012 - to rezone from Neighborhood Shopping District (NS), Single Family Residential District (R1) and Commercial Business District (CBD) to Commercial Business District (CBD) on 13.92 acres for an office, retail trade establishment, a 6,000 sq. ft. restaurant and a 55,600 sq. ft. indoor commercial recreational facility with a Conditional Use Permit (CUP) for outdoor commercial athletic fields with 315 parking spaces - Parcels 130-049, 130-050, 130-052, and 130-068 – with the variance and conditions as displayed which read as follows:

VARIANCE:

1. Reduce the exterior buffer adjacent to outlots 1-4 from 40 ft. to 0 ft. (UDC 16-4.6(C)).

CONDITIONS:

1. Development shall be substantially in accordance with the site plan on file in the Department.

2. The southern area noted as open space abutting tax map/parcel number 130-057, 130-056, 130-070 and 130-054 shall remain undisturbed.

3. Owner/Developer shall dedicate right-of-way from the centerline of SR9 (Atlanta Highway) per GDOT PI-121690 Road Widening Project as part of site development or when needed for road improvement projects as determined by GDOT or Forsyth County Department of Engineering.

4. Owner/Developer shall dedicate right-of-way 30 feet from centerline of Valley Circle Road as part of site development or when needed for road improvement project as determined by Forsyth County Department of Engineering.

5. Owner shall have 18 months from issuance of the as-built to install the 20 ft. landscape strip along Atlanta Highway (S.R. 9). Prior to issuance of the as-built, the 20’ landscape strip area shall be seeded and strawed and temporary landscaping shall be installed in accordance with Exhibit A attached hereto and made a part hereof. Owner shall also secure a Performance Bond and file said bond with Forsyth County prior to the issuance of the as-built for the future installation of said landscape strip. Said amount of bond shall be determined based upon a quote received by a registered landscape architect for the cost of planting said landscape strip to Forsyth County Standards.

6. Self-service car washes shall be prohibited on the property and storage facilities shall be prohibited from outlots 1-4.

Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

(1) Board consideration of the request by Apparao Chithaluri for a Public Hearing regarding an appeal of the Zoning Board of Appeals’ (ZBA) decision to deny a variance on VA210047 (Apparao Chithaluri); this variance was denied on August 3, 2021 - AV210006 - District 2

Tom Brown, Director of Planning & Community Development, addressed the Board.

There was a motion by Commissioner John and a second by Commissioner Semanson to deny the request by Apparao Chithaluri for a Public Hearing regarding an appeal of the Zoning Board of Appeals’ (ZBA) decision to deny a variance on VA210047 (Apparao Chithaluri). Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(2) Board consideration of an Addendum to Right to Enter Agreement by and between Anson Logistics Assets, LLC and Forsyth County

Ken Jarrard, County Attorney, addressed the Board. A copy of the Addendum was provided to the Board by the County Attorney.

There was a motion by Commissioner Levent and a second by Commissioner John to approve the Addendum to the Right to Enter Agreement by and between Anson Logistics Assets, LLC and Forsyth County on a time sensitive basis. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

There was a motion by Commissioner Levent and a second by Commissioner Semanson to adjourn. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).


____________________________________
Clerk/Deputy Clerk of Commission

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


____________________________________________
CINDY J. MILLS, CHAIRMAN


____________________________________________
MOLLY COOPER, VICE CHAIRMAN


____________________________________________
ALFRED JOHN, SECRETARY


____________________________________________
TODD LEVENT, MEMBER


____________________________________________
LAURA SEMANSON, MEMBER

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