Copyright 2021 by Forsyth County, Georgia

Forsyth County Meetings

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

Archived meeting videos can be viewed online (click here for link).

Thursday, September 16, 2021 5:00 PM

Board of Commissioners - Regular Meeting/Public Hearings

Administration Building 110 E Main Street Cumming, GA 30005
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Documents

PUBLIC NOTICE

The Forsyth County Board of Commissioners will hold its Regular Meeting / Public Hearings on Thursday, September 16, 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.

09/13/2021

THE FORSYTH COUNTY BOARD OF COMMISSIONERS REGULAR MEETING / PUBLIC HEARINGS ON SEPTEMBER 16, 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 16, 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

(1) Board presentation of a Proclamation declaring September 15, 2021 through October 15, 2021 as Hispanic Heritage Month in Forsyth County - Mills / Semanson

(2) Board presentation of a Proclamation declaring October 3 through October 9, 2021 as 4-H Week in Forsyth County - Mills / Semanson

(3) Presentation by the County Manager - County Manager

V. Public Comments

VI. Adoption of Minutes

(1) Special Called Meeting of September 1, 2021

(2) Regular Meeting / Public Hearings of September 2, 2021

(3) Work Session and Executive Session of September 7, 2021

VII. Consent Agenda

(1) Board adoption of Resolution authorizing Affidavit concerning the Executive Session of September 7, 2021

(2) Board acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Carol Way and all other property and property rights as shown on the subdivision plat for Ansley Park, Phase 2B, recorded in Plat Book 197, Page 184-191, Forsyth County, Georgia Records - District 1 - Director, Department of Engineering

(3) Board adoption of a Proclamation declaring September 15, 2021 through October 15, 2021 as Hispanic Heritage Month in Forsyth County - Mills / Semanson

(4) Board adoption of a Proclamation declaring October 3 through October 9, 2021 as 4-H Week in Forsyth County - Mills / Semanson

(5) Board ratification for the Department of Engineering Director to be the designated authorized signatory for the Municipal Separate Sewer System (MS4) Annual Reports, Stormwater Management Program (SWMP), Watershed Protection Plan (WPP), Annual Reports, and other documents related to the MS4 and National Pollutant Discharge Elimination (NPDES) Permits - Director, Department of Engineering

(6) Board authorization to correct a technical error regarding AZ210027. On July 8, 2021, the Forsyth County Board of Commissioners approved AZ210027, to reduce a 50’ exterior setback on Lot 69 from 50’ to 42’. The motion errantly stated that the condition would affect the 25’ buffer as opposed to the 50’ setback. The applicant only sought relief from the 50’ exterior setback and that was the relief the Board was endeavoring to provide. This is confirmation that the approval provided by the Board of Commissioners on July 8, 2021 was to reduce the 50’ exterior setback on Lot 69 from 50’ to 42’. The Forsyth County Clerk is hereby authorized to manually place an “*” on the July 8, 2021 minutes, next to agenda item AZ210027, to cross-reference back to this consent agenda item to reflect this clarification.

(7) Board ratification/approval of the following items that were discussed and unanimously approved (by those in attendance) at a Work Session held on September 7, 2021. (NOTE: If four members of the Board unanimously voted to approve the item at the work session and the same four are the only Board members anticipated to be in attendance during the Regular Meeting when the Consent Agenda is considered for approval, no consent by the absent member shall be secured prior to placement of the item on the Consent Agenda. Otherwise, Board Rule 1.07.01 will be observed.)

(A) Board approval to declare list of items as surplus with authorization for the Department of Procurement to dispose of accordingly - Director, Department of Procurement

(B) Board approval of the Change Order with NOVA Engineering and Environmental to complete the material testing and inspections of the Juvenile Justice Center in the amount of $12,155 - Director, Department of Procurement

(C) Board authorization for the Chair to sign the Department of Community Affairs 2020 Annual Report for Local Government Finances and Certification of 911 Expenditures for the year ended December 31, 2020 - Chief Financial Officer

(D) Board approval of the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding engineering design and relocation of water and sewer utilities on Post Road from Kelly Mill Road to SR 20 due to road widening - Director, Department of Water and Sewer

(E) Board approval of the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $1,736,300.00 for the adjustment of water and sewer facilities on State Route 9 from the Fulton County line to County Road 458/McFarland Road due to road widening - Director, Department of Water and Sewer

(F) Board approval of the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $4,712,890.00 for waterline relocation and sanitary sewer manhole adjustments on State Route 9 from McFarland Road to Post Road due to road widening - Director, Department of Water and Sewer

(G) Board approval of the Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $470,850.00 for the adjustment or installation of water facilities on State Route 9 from State Route 141 to State Route 20 due to road widening - Director, Department of Water and Sewer

(H) Board approval to postpone the consideration and possible direction regarding a possible Board generated rezoning for ZA3953, Forsyth County Board of Commissioners, to the September 21, 2021 Work Session - District 1 - Planning Manager, Department of Planning and Community Development

(I) Board authorization for staff to proceed with the Public Hearing process regarding Lighting Requirements within the Unified Development Code - Planning Manager, Department of Planning and Community Development

(J) Board authorization for staff to change the Unified Development Code's Overlay Map as well as amend the content of the Overlays as presented with authorization for staff to proceed with the Public Hearing process regarding the proposed Commercial Corridors as soon as the Map is amended- Deputy Director, Department of Planning and Community Development

(K) Board approval of the amendments to Chapter 8 related to Administrative Variances within the Unified Development Code as presented on the screen and by staff with authorization for staff to proceed with the Public Hearing process - Deputy Director, Department of Planning and Community Development

(L) Board approval of the 2022 Meeting Schedule as presented - County Manager

(M) Board authorization for staff to proceed with the Public Hearing process regarding a Specialty Pharmacy - Mills / John

(N) Board approval of the COVID mitigation plan to support the continuation of government services as presented - County Manager

(O) Board approval of the Resolution authorizing Bagby Lane to be converted to a cul-de-sac as presented - County Attorney

(P) Board direction for staff to draft a letter of objection regarding City of Cumming annexation of parcels 196-001 and 196-002 for discussion and presentation at the September 21, 2021 Work Session - County Attorney

(Q) Board authorization to postpone the consideration of City of Cumming annexation of parcel C01-008 (+/- 0.9 Acres of Land) for further discussion and consideration to the September 21, 2021 Work Session - County Attorney

VIII. Public Hearings

(1) Public Hearing and possible vote regarding the revocation of existing CUP CP180012 in accordance with UDC Section 8-5.5(I) - Parcel 043-077 - District 2 - Director, Department of Planning and Community Development

(2) Public Hearing and possible vote regarding Nancy Bentley, ZA3807, CBD & A1 to MPD - District 2 - Director, Department of Planning and Community Development
(Postponed from the December 21, 2017, January 18, 2018, February 1, 2018, February 15, 2018, March 15, 2018, April 5, 2018, April 19, 2018, June 7, 2018, July 5, 2018, July 19, 2018, August 2, 2018, August 16, 2018, September 6, 2018, October 4, 2018, November 15, 2018, January 17, 2019, February 21, 2019, March 21, 2019, and April 18, 2019, May 16, 2019, June 20, 2019, July 18, 2019, August 15, 2019, September 19, 2019, October 24, 2019, November 21, 2019, January 23, 2020, February 20, 2020, March 19, 2020, April 16, 2020, June 18, 2020, August 6, 2020, September 3, 2020, October 8, 2020, November 5, 2020, December 3, 2020, February 4, 2021, March 4, 2021, April 1, 2021, May 6, 2021, June 3, 2021, and July 8, 2021 Agendas)

(3) Public Hearing and possible vote for approval of an Alternate Design for McFarland Road Associates, LLC and a variance to UDC 21-6.5 (M)(1) - Parcels 019-149 and 041-198 - AD210004 - District 3 - Director, Department of Planning and Community Development

(3)(A) AGENDA ITEM (3)(A) IS NOT A PUBLIC HEARING. AGENDA ITEM PLACED HERE FOR RELATIONSHIP WITH PRIOR PUBLIC HEARING (3): McFarland Road Associates, LLC - ZA4010 - to rezone from Commercial Business District (CBD) and Restricted Industrial District (M1) to Commercial Business District (CBD) on 17.582 acres with a Conditional Use Permit (CUP) for a 44,050 sq. ft. expansion of a vehicle sales dealership in addition to existing buildings totaling 81,231 sq. ft. with 397 parking spaces with the following variances to: 1.) Reduce the front landscape strip abutting McFarland Parkway from 20 ft. to 0 ft. (UDC Table 21-6.5(A)(1)); 2.) Reduce the open space from 25% to 20% (UDC Table 21.6); 3.) Reduce the front landscape strips abutting Winkler Drive and Staghorn Court from 15 ft. to 10 ft. (UDC Table 21.6); 4.) Reduce the number of bicycle parking spaces from 10 to 0 (UDC 21-6.5(G)); and, 5.) Increase the percentage of vehicles visible along the frontage of the property abutting McFarland Parkway adjacent to tax map/parcel 019-149 only from 50% to 100% (UDC 21-6.5(L)) - Parcels 019-149 and 041-198 - District 3 - Director, Department of Planning and Community Development

(4) Public Hearing and possible vote regarding the County-Initiated request for an Amendment of Zoning Conditions on ZA1184 (East Riverside Partnership) by Forsyth County Board of Commissioners - Parcels 017-199 and 017-200 - AZ210037 - District 3 - Director, Department of Planning and Community Development

(5) Public Hearing and possible vote regarding the revocation or modification of conditions of existing CUP CP190025 in accordance with UDC Section 8-5.5(I) - Parcel 080-079 - District 3 - Director, Department of Planning and Community Development
(A Public Hearing was held at the August 19, 2021 Regular Meeting / Public Hearings; Board voted unanimously to hold an additional Public Hearing on September 16, 2021.)

(6) Public Hearing and possible vote regarding the approval of a Sketch Plat for KC Property Holdings LLC and variances to UDC 18-11.2(A), UDC 18-11.2(B), UDC Table 14.2, UDC Table 21.6, UDC 21-6.5(A)(2), UDC 21-6.5(D)(1), and UDC 14-4.13 - Parcel 041-087 - SP210005 - District 3 - Director, Department of Planning and Community Development

(7) Public Hearing and possible vote regarding the County-Initiated variance request to reduce the Georgia Highway 400 undisturbed buffer from 40 ft. to 0 ft. - Parcel 063-057 - VA210005 - District 3 - Director, Department of Planning and Community Development
(At the March 4, 2021 Regular Meeting / Public Hearings, the Board voted unanimously to hold an additional Public Hearing on April 1, 2021; postponed from the April 1, 2021 Agenda. A Public Hearing was held at the May 6, 2021 Regular Meeting / Public Hearing; the Board voted unanimously to hold an additional Public Hearing on July 8, 2021. Postponed from the July 8, 2021, August 5, 2021, and August 12, 2021 Agendas.)

(8) 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(s); and to repeal conflicting Ordinances - Business License Manager, Department of Business License
(The first Public Hearing was held before the Board of Commissioners at the September 2, 2021 Regular Meeting / Public Hearings.)

IX. Public Comments

X. Old Business

(1) WP South Acquisitions, L.L.C. - ZA3994 - to rezone from Multi Family Residential District (RES6) and Commercial Business District (CBD) to Master Planned District (MPD) on 51.72 acres for 310 attached residential units with a density of 6 units per acre and commercial buildings totaling 39,100 sq. ft. with 172 parking spaces with the following variance to: 1.) Increase the percentage of total residential units for apartments from 20% to 100% (UDC 20B-2.3(B)) - Parcels 235-004, 235-055, 235-061, and 235-072 - District 4 - Director, Department of Planning and Community Development
(Postponed from the July 22, 2021 and August 19, 2021 Agendas)

XI. New Business

(1) Rezoning Requests (Director, Department of Planning and Community Development)

(A) Matt Sosebee - ZA4015 - to rezone from Agricultural District (A1) and Neighborhood Shopping District (NS) to Agricultural District (A1) with a Conditional Use Permit (CUP) for an open storage yard with 276 parking spaces on 9.673 acres with the following variances to: 1.) Reduce the zoning buffer adjacent to tax map/parcels 291-028 and 291-173 from 25 ft. to 0 ft. (UDC Table 15.2); and, 2.) Reduce the zoning buffer adjacent to tax map/parcel 291-027 from 25 ft. to 0 ft. (UDC Table 15.2) - Parcels 291-025 and 291-045 - District 4 - Director, Department of Planning and Community Development

(B) Nitsye LLC - ZA4009 - to rezone from Agricultural District (A1) to Commercial Business District (CBD) on 1.719 acres for an 8,732 sq. ft. retail/office/veterinary clinic without outdoor facilities with 35 parking spaces with the following variance to: 1.) Eliminate the 5,000 ft. sewer distance requirement to facilitate the use of an on-site septic disposal system (UDC 18-5.18) - Parcel 202-016 - District 5 - Director, Department of Planning and Community Development

(2) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism - Parcels 221-705, 221-754, 221-535, and 221-777 - Semanson / John

(3) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm - Cooper / Semanson
(At the September 7, 2021 Work Session, the Board voted 3-0-2 (Commissioners John, Levent, and Semanson in favor; Commissioner Cooper absent and Commissioner Mills recused) to authorize staff to proceed with the Public Hearing process regarding the County-Initiated CUP for agritourism.)

(4) Board consideration of First Amendment to the Accountability Court Defender Agreement - County Attorney

(5) Board consideration and possible vote regarding an Agreement Regarding Exchange of Right-of-Way or Interests in Land between Forsyth County and Brookview, LLC and associated Quit Claim Deed - Director, Department of Engineering / County Attorney

XII. Administrative Hearings

(1) Administrative Hearing in reference to a violation of the Alcohol Ordinance for VL Business, Inc. dba Alpha Food Mart - Named Licensee is Vasudev Patel - AL200555 - District 3 - Business License Manager, Department of Business License

XIII. Recess Regular Meeting

XIV. Executive Session (if needed)

XV. Adjournment

MEETING SUMMARY

Members Present:

Cindy Jones Mills - Chair
Molly Cooper - Vice Chair (via Teleconference)
Alfred John - Secretary
Todd Levent - Member
Laura Semanson - Member

THE FORSYTH COUNTY BOARD OF COMMISSIONERS REGULAR MEETING / PUBLIC HEARINGS ON SEPTEMBER 16, 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 16, 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 all Board members present; Commissioner Cooper was joined via teleconference.

II. Invocation and Pledge of Allegiance
The Invocation and Pledge of Allegiance were led by Kevin Tanner, County Manager.

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

• Postpone Public Hearings (4) to the October 7, 2021 Regular Meeting / Public Hearings: Public Hearing and possible vote regarding the County-Initiated request for an Amendment of Zoning Conditions on ZA1184 (East Riverside Partnership) by Forsyth County Board of Commissioners - Parcels 017-199 and 017-200 - AZ210037 - District 3 - Director, Department of Planning and Community Development;

• Withdraw Public Hearings (7), without prejudice, from the Agenda: Public Hearing and possible vote regarding the County-Initiated variance request to reduce the Georgia Highway 400 undisturbed buffer from 40 ft. to 0 ft. - Parcel 063-057 - VA210005 - District 3 - Director, Department of Planning and Community Development;

• Postpone Public Hearings (2) to the October 21, 2021 Regular Meeting / Public Hearings: Public Hearing and possible vote regarding Nancy Bentley, ZA3807, CBD & A1 to MPD - District 2 - Director, Department of Planning and Community Development;

• Move Consent Agenda (7)(N) to be heard as New Business (6): Board approval of the COVID mitigation plan to support the continuation of government services as presented - County Manager.

IV. Announcements and Reports

(1) Board presentation of a Proclamation declaring September 15, 2021 through October 15, 2021 as Hispanic Heritage Month in Forsyth County - Mills / Semanson
The Board presented and adopted a Proclamation declaring September 15, 2021 through October 15, 2021 as Hispanic Heritage Month in Forsyth County.

(2) Board presentation of a Proclamation declaring October 3 through October 9, 2021 as 4-H Week in Forsyth County - Mills / Semanson
The Board voted unanimously to postpone this Item and Consent Agenda (4) to the October 7, 2021 Regular Meeting / Public Hearings.

(3) Presentation by the County Manager - County Manager
Kevin Tanner, County Manager, and John Mullin, Department of Code Compliance Director, presented the “Triple ‘E’ Award” (Employees Exceeding Expectations) to Wendy Cates, Department of Code Compliance Administrative Specialist, Senior.

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

VI. Adoption of Minutes

(1) Special Called Meeting of September 1, 2021
The Board voted unanimously to adopt the Minutes of the Special Called Meeting of September 1, 2021.

(2) Regular Meeting / Public Hearings of September 2, 2021
The Board voted unanimously to adopt the Minutes of the Regular Meeting / Public Hearings of September 2, 2021.

(3) Work Session and Executive Session of September 7, 2021
The Board voted unanimously to adopt the Minutes of the Work Session and Executive Session of September 7, 2021.

VII. Consent Agenda
The Board unanimously to adopt the Consent Agenda as amended.

(1) Board adoption of Resolution authorizing Affidavit concerning the Executive Session of September 7, 2021

(2) Board acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Carol Way and all other property and property rights as shown on the subdivision plat for Ansley Park, Phase 2B, recorded in Plat Book 197, Page 184-191, Forsyth County, Georgia Records - District 1 - Director, Department of Engineering

(3) Board adoption of a Proclamation declaring September 15, 2021 through October 15, 2021 as Hispanic Heritage Month in Forsyth County - Mills / Semanson

(4) Board adoption of a Proclamation declaring October 3 through October 9, 2021 as 4-H Week in Forsyth County - Mills / Semanson

The Board voted unanimously to postpone this Item to the October 7, 2021 Regular Meeting / Public Hearings.

(5) Board ratification for the Department of Engineering Director to be the designated authorized signatory for the Municipal Separate Sewer System (MS4) Annual Reports, Stormwater Management Program (SWMP), Watershed Protection Plan (WPP), Annual Reports, and other documents related to the MS4 and National Pollutant Discharge Elimination (NPDES) Permits - Director, Department of Engineering

(6) Board authorization to correct a technical error regarding AZ210027. On July 8, 2021, the Forsyth County Board of Commissioners approved AZ210027, to reduce a 50’ exterior setback on Lot 69 from 50’ to 42’. The motion errantly stated that the condition would affect the 25’ buffer as opposed to the 50’ setback. The applicant only sought relief from the 50’ exterior setback and that was the relief the Board was endeavoring to provide. This is confirmation that the approval provided by the Board of Commissioners on July 8, 2021 was to reduce the 50’ exterior setback on Lot 69 from 50’ to 42’. The Forsyth County Clerk is hereby authorized to manually place an “*” on the July 8, 2021 minutes, next to agenda item AZ210027, to cross-reference back to this consent agenda item to reflect this clarification.

(7) Board ratification/approval of the following items that were discussed and unanimously approved (by those in attendance) at a Work Session held on September 7, 2021. (NOTE: If four members of the Board unanimously voted to approve the item at the work session and the same four are the only Board members anticipated to be in attendance during the Regular Meeting when the Consent Agenda is considered for approval, no consent by the absent member shall be secured prior to placement of the item on the Consent Agenda. Otherwise, Board Rule 1.07.01 will be observed.)

(A) Board approval to declare list of items as surplus with authorization for the Department of Procurement to dispose of accordingly - Director, Department of Procurement

(B) Board approval of the Change Order with NOVA Engineering and Environmental to complete the material testing and inspections of the Juvenile Justice Center in the amount of $12,155 - Director, Department of Procurement

(C) Board authorization for the Chair to sign the Department of Community Affairs 2020 Annual Report for Local Government Finances and Certification of 911 Expenditures for the year ended December 31, 2020 - Chief Financial Officer

(D) Board approval of the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding engineering design and relocation of water and sewer utilities on Post Road from Kelly Mill Road to SR 20 due to road widening - Director, Department of Water and Sewer

(E) Board approval of the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $1,736,300.00 for the adjustment of water and sewer facilities on State Route 9 from the Fulton County line to County Road 458/McFarland Road due to road widening - Director, Department of Water and Sewer

(F) Board approval of the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $4,712,890.00 for waterline relocation and sanitary sewer manhole adjustments on State Route 9 from McFarland Road to Post Road due to road widening - Director, Department of Water and Sewer

(G) Board approval of the Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $470,850.00 for the adjustment or installation of water facilities on State Route 9 from State Route 141 to State Route 20 due to road widening - Director, Department of Water and Sewer

(H) Board approval to postpone the consideration and possible direction regarding a possible Board generated rezoning for ZA3953, Forsyth County Board of Commissioners, to the September 21, 2021 Work Session - District 1 - Planning Manager, Department of Planning and Community Development

(I) Board authorization for staff to proceed with the Public Hearing process regarding Lighting Requirements within the Unified Development Code - Planning Manager, Department of Planning and Community Development

(J) Board authorization for staff to change the Unified Development Code's Overlay Map as well as amend the content of the Overlays as presented with authorization for staff to proceed with the Public Hearing process regarding the proposed Commercial Corridors as soon as the Map is amended- Deputy Director, Department of Planning and Community Development

(K) Board approval of the amendments to Chapter 8 related to Administrative Variances within the Unified Development Code as presented on the screen and by staff with authorization for staff to proceed with the Public Hearing process - Deputy Director, Department of Planning and Community Development

(L) Board approval of the 2022 Meeting Schedule as presented - County Manager

(M) Board authorization for staff to proceed with the Public Hearing process regarding a Specialty Pharmacy - Mills / John

(N) Board approval of the COVID mitigation plan to support the continuation of government services as presented - County Manager
The Board voted unanimously [during adoption of the Agenda] to move this Item to be heard as New Business (6).

(O) Board approval of the Resolution authorizing Bagby Lane to be converted to a cul-de-sac as presented - County Attorney

(P) Board direction for staff to draft a letter of objection regarding City of Cumming annexation of parcels 196-001 and 196-002 for discussion and presentation at the September 21, 2021 Work Session - County Attorney

(Q) Board authorization to postpone the consideration of City of Cumming annexation of parcel C01-008 (+/- 0.9 Acres of Land) for further discussion and consideration to the September 21, 2021 Work Session - County Attorney

VIII. Public Hearings

(1) Public Hearing and possible vote regarding the revocation of existing CUP CP180012 in accordance with UDC Section 8-5.5(I) - Parcel 043-077 - District 2 - Director, Department of Planning and Community Development
The Public Hearing was held. The Board voted unanimously to revoke the existing CUP, CP180012, in accordance with UDC Section 8-5.5(I) - Parcel 043-077.

(2) Public Hearing and possible vote regarding Nancy Bentley, ZA3807, CBD & A1 to MPD - District 2 - Director, Department of Planning and Community Development
(Postponed from the December 21, 2017, January 18, 2018, February 1, 2018, February 15, 2018, March 15, 2018, April 5, 2018, April 19, 2018, June 7, 2018, July 5, 2018, July 19, 2018, August 2, 2018, August 16, 2018, September 6, 2018, October 4, 2018, November 15, 2018, January 17, 2019, February 21, 2019, March 21, 2019, and April 18, 2019, May 16, 2019, June 20, 2019, July 18, 2019, August 15, 2019, September 19, 2019, October 24, 2019, November 21, 2019, January 23, 2020, February 20, 2020, March 19, 2020, April 16, 2020, June 18, 2020, August 6, 2020, September 3, 2020, October 8, 2020, November 5, 2020, December 3, 2020, February 4, 2021, March 4, 2021, April 1, 2021, May 6, 2021, June 3, 2021, and July 8, 2021 Agendas)
The Board voted unanimously [during adoption of the Agenda] to postpone this Item to the October 21, 2021 Regular Meeting / Public Hearings.

(3) Public Hearing and possible vote for approval of an Alternate Design for McFarland Road Associates, LLC and a variance to UDC 21-6.5 (M)(1) - Parcels 019-149 and 041-198 - AD210004 - District 3 - Director, Department of Planning and Community Development
The Public Hearing was held. The Board voted unanimously to approve AD210004, an application seeking an Alternate Design for McFarland Road Associates, LLC and a variance to UDC 21-6.5 (M)(1) - Parcels 019-149 and 041-198.

(3)(A) AGENDA ITEM (3)(A) IS NOT A PUBLIC HEARING. AGENDA ITEM PLACED HERE FOR RELATIONSHIP WITH PRIOR PUBLIC HEARING (3): McFarland Road Associates, LLC - ZA4010 - to rezone from Commercial Business District (CBD) and Restricted Industrial District (M1) to Commercial Business District (CBD) on 17.582 acres with a Conditional Use Permit (CUP) for a 44,050 sq. ft. expansion of a vehicle sales dealership in addition to existing buildings totaling 81,231 sq. ft. with 397 parking spaces with the following variances to: 1.) Reduce the front landscape strip abutting McFarland Parkway from 20 ft. to 0 ft. (UDC Table 21-6.5(A)(1)); 2.) Reduce the open space from 25% to 20% (UDC Table 21.6); 3.) Reduce the front landscape strips abutting Winkler Drive and Staghorn Court from 15 ft. to 10 ft. (UDC Table 21.6); 4.) Reduce the number of bicycle parking spaces from 10 to 0 (UDC 21-6.5(G)); and, 5.) Increase the percentage of vehicles visible along the frontage of the property abutting McFarland Parkway adjacent to tax map/parcel 019-149 only from 50% to 100% (UDC 21-6.5(L)) - Parcels 019-149 and 041-198 - District 3 - Director, Department of Planning and Community Development
The Board voted unanimously to approve ZA4010, an application seeking to rezone from Commercial Business District (CBD) and Restricted Industrial District (M1) to Commercial Business District (CBD) on 17.582 acres with a Conditional Use Permit (CUP) for a 44,050 sq. ft. expansion of a vehicle sales dealership as shown on the screen with the variances and conditions.

(4) Public Hearing and possible vote regarding the County-Initiated request for an Amendment of Zoning Conditions on ZA1184 (East Riverside Partnership) by Forsyth County Board of Commissioners - Parcels 017-199 and 017-200 - AZ210037 - District 3 - Director, Department of Planning and Community Development
The Board voted 4-0-1 (Cooper absent) [during adoption of the Agenda] to postpone this Item to the October 7, 2021 Regular Meeting / Public Hearings.

(5) Public Hearing and possible vote regarding the revocation or modification of conditions of existing CUP CP190025 in accordance with UDC Section 8-5.5(I) - Parcel 080-079 - District 3 - Director, Department of Planning and Community Development
(A Public Hearing was held at the August 19, 2021 Regular Meeting / Public Hearings; Board voted unanimously to hold an additional Public Hearing on September 16, 2021.)
The Public Hearing was held. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to readdress this Item prior to Administrative Hearings (1).

(6) Public Hearing and possible vote regarding the approval of a Sketch Plat for KC Property Holdings LLC and variances to UDC 18-11.2(A), UDC 18-11.2(B), UDC Table 14.2, UDC Table 21.6, UDC 21-6.5(A)(2), UDC 21-6.5(D)(1), and UDC 14-4.13 - Parcel 041-087 - SP210005 - District 3 - Director, Department of Planning and Community Development
The Public Hearing was held. The Board voted unanimously to approve SP210005, an application seeking approval of a Sketch Plat for KC Property Holdings LLC and variances to UDC 18-11.2(A), UDC 18-11.2(B), UDC Table 14.2, UDC Table 21.6, UDC 21-6.5(A)(2), UDC 21-6.5(D)(1), and UDC 14-4.13 - Parcel 041-087, as presented.

(7) Public Hearing and possible vote regarding the County-Initiated variance request to reduce the Georgia Highway 400 undisturbed buffer from 40 ft. to 0 ft. - Parcel 063-057 - VA210005 - District 3 - Director, Department of Planning and Community Development
(At the March 4, 2021 Regular Meeting / Public Hearings, the Board voted unanimously to hold an additional Public Hearing on April 1, 2021; postponed from the April 1, 2021 Agenda. A Public Hearing was held at the May 6, 2021 Regular Meeting / Public Hearing; the Board voted unanimously to hold an additional Public Hearing on July 8, 2021. Postponed from the July 8, 2021, August 5, 2021, and August 12, 2021 Agendas.)
The Board voted 4-0-1 (Cooper absent) [during adoption of the Agenda] to withdraw this Item, without prejudice, from the Agenda.

(8) 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(s); and to repeal conflicting Ordinances - Business License Manager, Department of Business License
(The first Public Hearing was held before the Board of Commissioners at the September 2, 2021 Regular Meeting / Public Hearings.)
The Public Hearing was held. The Board voted unanimously to approve amendments to the Alcohol Ordinance, otherwise known as Forsyth County Ordinance 68, as presented by staff.

Ken Jarrard, County Attorney, called a Point of Order and recommended a motion to amend the final decision on Public Hearings (6) to ensure the correct UDC section, UDC 14-4.13, was referenced in the motion. The Board voted unanimously to amend the motion of Public Hearings (6) to clarify UDC 14-4.13 was intended.

IX. Public Comments
There were two speakers during Public Comments.

X. Old Business

(1) WP South Acquisitions, L.L.C. - ZA3994 - to rezone from Multi Family Residential District (RES6) and Commercial Business District (CBD) to Master Planned District (MPD) on 51.72 acres for 310 attached residential units with a density of 6 units per acre and commercial buildings totaling 39,100 sq. ft. with 172 parking spaces with the following variance to: 1.) Increase the percentage of total residential units for apartments from 20% to 100% (UDC 20B-2.3(B)) - Parcels 235-004, 235-055, 235-061, and 235-072 - District 4 - Director, Department of Planning and Community Development
(Postponed from the July 22, 2021 and August 19, 2021 Agendas)
The Board voted 4-1-0 (Commissioners Mills, Cooper, John, and Semanson in favor; Commissioner Levent opposed) to approve ZA3994, an application seeking to rezone from Multi Family Residential District (RES6) and Commercial Business District (CBD) to Master Planned District (MPD) on 51.72 acres, with the requested variances, and with the conditions as displayed, and with the displayed site plan as Exhibit A, and with the condition 11 to be modified to reflect that the referenced exhibit is Exhibit B.

XI. New Business

(1) Rezoning Requests (Director, Department of Planning and Community Development)

(A) Matt Sosebee - ZA4015 - to rezone from Agricultural District (A1) and Neighborhood Shopping District (NS) to Agricultural District (A1) with a Conditional Use Permit (CUP) for an open storage yard with 276 parking spaces on 9.673 acres with the following variances to: 1.) Reduce the zoning buffer adjacent to tax map/parcels 291-028 and 291-173 from 25 ft. to 0 ft. (UDC Table 15.2); and, 2.) Reduce the zoning buffer adjacent to tax map/parcel 291-027 from 25 ft. to 0 ft. (UDC Table 15.2) - Parcels 291-025 and 291-045 - District 4 - Director, Department of Planning and Community Development
The Board voted unanimously to approve ZA4015, an application seeking to rezone from Agricultural District (A1) and Neighborhood Shopping District (NS) to Agricultural District (A1) with a Conditional Use Permit (CUP) for an open storage yard, with no variances and with the Planning Commission’s recommendations as displayed on the screen.

(B) Nitsye LLC - ZA4009 - to rezone from Agricultural District (A1) to Commercial Business District (CBD) on 1.719 acres for an 8,732 sq. ft. retail/office/veterinary clinic without outdoor facilities with 35 parking spaces with the following variance to: 1.) Eliminate the 5,000 ft. sewer distance requirement to facilitate the use of an on-site septic disposal system (UDC 18-5.18) - Parcel 202-016 - District 5 - Director, Department of Planning and Community Development
The Board voted unanimously to readdress this Item following Public Hearings (5) and prior to Administrative Hearings (1).

(2) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism - Parcels 221-705, 221-754, 221-535, and 221-777 - Semanson / John
The Board voted unanimously to authorize staff to proceed with the Public Hearing process regarding a County-Initiated Conditional Use Permit (CUP) for agritourism for Parcels 221-705, 221-754, 221-535, and 221-777.

At the September 7, 2021 Work Session, Chair Mills recused herself from the below Item, New Business (3).

(3) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm - Cooper / Semanson
(At the September 7, 2021 Work Session, the Board voted 3-0-2 (Commissioners John, Levent, and Semanson in favor; Commissioner Cooper absent and Commissioner Mills recused) to authorize staff to proceed with the Public Hearing process regarding the County-Initiated CUP for agritourism.)
The Board voted 4-0-1 (Commissioners Cooper, John, Levent, and Semanson in favor; Commissioner Mills recused) to authorize staff to proceed with the Public Hearing process regarding a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm.

(4) Board consideration of First Amendment to the Accountability Court Defender Agreement - County Attorney
The Board voted unanimously to approve the First Amendment to the Accountability Court Defender Agreement.

(5) Board consideration and possible vote regarding an Agreement Regarding Exchange of Right-of-Way or Interests in Land between Forsyth County and Brookview, LLC and associated Quit Claim Deed - Director, Department of Engineering / County Attorney
The Board voted unanimously to approve an Agreement Regarding Exchange of Right-of-Way or Interests in Land between Forsyth County and Brookview, LLC and associated Quit Claim Deed.

The Board voted unanimously [during adoption of the Agenda] to move Consent Agenda (7)(N) to be heard as New Business (6).

(6) Board approval of the COVID mitigation plan to support the continuation of government services as presented - County Manager
The Board voted unanimously to extend COVID leave to all County employees, regardless of vaccination status, to be effective until January 15, 2022.

VIII. Public Hearings (continued)

Commissioner John left the meeting at 7:49 p.m.

(5) Public Hearing and possible vote regarding the revocation or modification of conditions of existing CUP CP190025 in accordance with UDC Section 8-5.5(I) - Parcel 080-079 - District 3 - Director, Department of Planning and Community Development (continued)
The Board voted 4-0-1 (Commissioner Mills, Cooper, Levent, and Semanson in favor; Commissioner John absent) to postpone this Item, for decision only, to the October 7, 2021 Regular Meeting / Public Hearings (this Item is to appear on the Agenda under “Old Business”).

XI. New Business (continued)

Commissioner John returned to the meeting at 7:53 p.m.

(1) Rezoning Requests (Director, Department of Planning and Community Development)

(B) Nitsye LLC - ZA4009 - to rezone from Agricultural District (A1) to Commercial Business District (CBD) on 1.719 acres for an 8,732 sq. ft. retail/office/veterinary clinic without outdoor facilities with 35 parking spaces with the following variance to: 1.) Eliminate the 5,000 ft. sewer distance requirement to facilitate the use of an on-site septic disposal system (UDC 18-5.18) - Parcel 202-016 - District 5 - Director, Department of Planning and Community Development
The Board voted unanimously to approve ZA4009, an application seeking to rezone from Agricultural District (A1) to Commercial Business District (CBD), with the conditions as shown on the screen with the addition of Condition 16 to read as follows: Applicant shall install a recognized noise reduction barrier in the kennel area.

XII. Administrative Hearings

(1) Administrative Hearing in reference to a violation of the Alcohol Ordinance for VL Business, Inc. dba Alpha Food Mart - Named Licensee is Vasudev Patel - AL200555 - District 3 - Business License Manager, Department of Business License
The Board voted unanimously to put a warning letter in VL Business, Inc. dba Alpha Food Mart’s file referencing violation of the Alcohol Ordinance - AL200555.

XIII. Recess Regular Meeting

XIV. Executive Session (if needed)

XV. Adjournment

The Board voted unanimously to adjourn the Regular Meeting / Public Hearings at 8:08 p.m.

 

FORSYTH COUNTY BOARD OF COMMISSIONERS

REGULAR MEETING/PUBLIC HEARINGS

SEPTEMBER 16, 2021

 

On Thursday, September 16, 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, Molly Cooper – Vice Chairman (via Zoom), Alfred John – Secretary, Todd Levent – Member, Laura Semanson – Member, Kevin Tanner – County Manager, Ken Jarrard – County Attorney and Rhonda Hansard – Clerk.

 

THE FORSYTH COUNTY BOARD OF COMMISSIONERS REGULAR MEETING / PUBLIC HEARINGS ON SEPTEMBER 16, 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 16, 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

 

(1) Board presentation of a Proclamation declaring September 15, 2021 through October 15, 2021 as Hispanic Heritage Month in Forsyth County - Mills / Semanson

 

(2) Board presentation of a Proclamation declaring October 3 through October 9, 2021 as 4-H Week in Forsyth County - Mills / Semanson

 

(3) Presentation by the County Manager - County Manager

 

V. Public Comments

 

VI. Adoption of Minutes

 

(1) Special Called Meeting of September 1, 2021

 

(2) Regular Meeting / Public Hearings of September 2, 2021

 

(3) Work Session and Executive Session of September 7, 2021

 

VII. Consent Agenda

 

(1) Board adoption of Resolution authorizing Affidavit concerning the Executive Session of September 7, 2021

 

(2) Board acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Carol Way and all other property and property rights as shown on the subdivision plat for Ansley Park, Phase 2B, recorded in Plat Book 197, Page 184-191, Forsyth County, Georgia Records - District 1 - Director, Department of Engineering

 

(3) Board adoption of a Proclamation declaring September 15, 2021 through October 15, 2021 as Hispanic Heritage Month in Forsyth County - Mills / Semanson

 

(4) Board adoption of a Proclamation declaring October 3 through October 9, 2021 as 4-H Week in Forsyth County - Mills / Semanson

 

(5) Board ratification for the Department of Engineering Director to be the designated authorized signatory for the Municipal Separate Sewer System (MS4) Annual Reports, Stormwater Management Program (SWMP), Watershed Protection Plan (WPP), Annual Reports, and other documents related to the MS4 and National Pollutant Discharge Elimination (NPDES) Permits - Director, Department of Engineering

 

(6) Board authorization to correct a technical error regarding AZ210027. On July 8, 2021, the Forsyth County Board of Commissioners approved AZ210027, to reduce a 50’ exterior setback on Lot 69 from 50’ to 42’. The motion errantly stated that the condition would affect the 25’ buffer as opposed to the 50’ setback. The applicant only sought relief from the 50’ exterior setback and that was the relief the Board was endeavoring to provide. This is confirmation that the approval provided by the Board of Commissioners on July 8, 2021 was to reduce the 50’ exterior setback on Lot 69 from 50’ to 42’. The Forsyth County Clerk is hereby authorized to manually place an “*” on the July 8, 2021 minutes, next to agenda item AZ210027, to cross-reference back to this consent agenda item to reflect this clarification.

 

(7) Board ratification/approval of the following items that were discussed and unanimously approved (by those in attendance) at a Work Session held on September 7, 2021. (NOTE: If four members of the Board unanimously voted to approve the item at the work session and the same four are the only Board members anticipated to be in attendance during the Regular Meeting when the Consent Agenda is considered for approval, no consent by the absent member shall be secured prior to placement of the item on the Consent Agenda.  Otherwise, Board Rule 1.07.01 will be observed.)

 

(A) Board approval to declare list of items as surplus with authorization for the Department of Procurement to dispose of accordingly - Director, Department of Procurement

 

(B) Board approval of the Change Order with NOVA Engineering and Environmental to complete the material testing and inspections of the Juvenile Justice Center in the amount of $12,155 - Director, Department of Procurement

 

(C) Board authorization for the Chair to sign the Department of Community Affairs 2020 Annual Report for Local Government Finances and Certification of 911 Expenditures for the year ended December 31, 2020 - Chief Financial Officer

 

(D) Board approval of the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding engineering design and relocation of water and sewer utilities on Post Road from Kelly Mill Road to SR 20 due to road widening - Director, Department of Water and Sewer

 

(E) Board approval of the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $1,736,300.00 for the adjustment of water and sewer facilities on State Route 9 from the Fulton County line to County Road 458/McFarland Road due to road widening - Director, Department of Water and Sewer

 

(F) Board approval of the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $4,712,890.00 for waterline relocation and sanitary sewer manhole adjustments on State Route 9 from McFarland Road to Post Road due to road widening - Director, Department of Water and Sewer

 

(G) Board approval of the Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $470,850.00 for the adjustment or Installation of water facilities on State Route 9 from State Route 141 to State Route 20 due to road widening - Director, Department of Water and Sewer

 

(H) Board approval to postpone the consideration and possible direction regarding a possible Board generated rezoning for ZA3953, Forsyth County Board of Commissioners, to the September 21, 2021 Work Session - District 1 - Planning Manager, Department of Planning and Community Development

 

(I) Board authorization for staff to proceed with the Public Hearing process regarding Lighting Requirements within the Unified Development Code - Planning Manager, Department of Planning and Community Development

 

(J) Board authorization for staff to change the Unified Development Code's Overlay Map as well as amend the content of the Overlays as presented with authorization for staff to proceed with the Public Hearing process regarding the proposed Commercial Corridors as soon as the Map is amended- Deputy Director, Department of Planning and Community Development

 

(K) Board approval of the amendments to Chapter 8 related to Administrative Variances within the Unified Development Code as presented on the screen and by staff with authorization for staff to proceed with the Public Hearing process - Deputy Director, Department of Planning and Community Development

 

(L) Board approval of the 2022 Meeting Schedule as presented - County Manager

 

(M) Board authorization for staff to proceed with the Public Hearing process regarding a Specialty Pharmacy - Mills / John

 

(N) Board approval of the COVID mitigation plan to support the continuation of government services as presented - County Manager

 

(O) Board approval of the Resolution authorizing Bagby Lane to be converted to a cul-de-sac as presented - County Attorney

 

(P) Board direction for staff to draft a letter of objection regarding City of Cumming annexation of parcels 196-001 and 196-002 for discussion and presentation at the September 21, 2021 Work Session - County Attorney

 

(Q) Board authorization to postpone the consideration of City of Cumming annexation of parcel C01-008 (+/- 0.9 Acres of Land) for further discussion and consideration to the September 21, 2021 Work Session - County Attorney

 

VIII. Public Hearings

 

(1) Public Hearing and possible vote regarding the revocation of existing CUP CP180012 in accordance with UDC Section 8-5.5(I) - Parcel 043-077 - District 2 - Director, Department of Planning and Community Development

 

(2) Public Hearing and possible vote regarding Nancy Bentley, ZA3807, CBD & A1 to MPD - District 2 - Director, Department of Planning and Community Development
(Postponed from the December 21, 2017, January 18, 2018, February 1, 2018, February 15, 2018, March 15, 2018, April 5, 2018, April 19, 2018, June 7, 2018, July 5, 2018, July 19, 2018, August 2, 2018, August 16, 2018, September 6, 2018, October 4, 2018, November 15, 2018, January 17, 2019, February 21, 2019, March 21, 2019, and April 18, 2019, May 16, 2019, June 20, 2019, July 18, 2019, August 15, 2019, September 19, 2019, October 24, 2019, November 21, 2019, January 23, 2020, February 20, 2020, March 19, 2020, April 16, 2020, June 18, 2020, August 6, 2020, September 3, 2020, October 8, 2020, November 5, 2020, December 3, 2020, February 4, 2021, March 4, 2021, April 1, 2021, May 6, 2021, June 3, 2021, and July 8, 2021 Agendas)

 

(3) Public Hearing and possible vote for approval of an Alternate Design for McFarland Road Associates, LLC and a variance to UDC 21-6.5 (M)(1) - Parcels 019-149 and 041-198 - AD210004 - District 3 - Director, Department of Planning and Community Development

 

(3)(A) AGENDA ITEM (3)(A) IS NOT A PUBLIC HEARING. AGENDA ITEM PLACED HERE FOR RELATIONSHIP WITH PRIOR PUBLIC HEARING (3): McFarland Road Associates, LLC - ZA4010 - to rezone from Commercial Business District (CBD) and Restricted Industrial District (M1) to Commercial Business District (CBD) on 17.582 acres with a Conditional Use Permit (CUP) for a 44,050 sq. ft. expansion of a vehicle sales dealership in addition to existing buildings totaling 81,231 sq. ft. with 397 parking spaces with the following variances to: 1.) Reduce the front landscape strip abutting McFarland Parkway from 20 ft. to 0 ft. (UDC Table 21-6.5(A)(1)); 2.) Reduce the open space from 25% to 20% (UDC Table 21.6); 3.) Reduce the front landscape strips abutting Winkler Drive and Staghorn Court from 15 ft. to 10 ft. (UDC Table 21.6); 4.) Reduce the number of bicycle parking spaces from 10 to 0 (UDC 21-6.5(G)); and, 5.) Increase the percentage of vehicles visible along the frontage of the property abutting McFarland Parkway adjacent to tax map/parcel 019-149 only from 50% to 100% (UDC 21-6.5(L)) - Parcels 019-149 and 041-198 - District 3 - Director, Department of Planning and Community Development

 

(4) Public Hearing and possible vote regarding the County-Initiated request for an Amendment of Zoning Conditions on ZA1184 (East Riverside Partnership) by Forsyth County Board of Commissioners - Parcels 017-199 and 017-200 - AZ210037 - District 3 - Director, Department of Planning and Community Development

 

(5) Public Hearing and possible vote regarding the revocation or modification of conditions of existing CUP CP190025 in accordance with UDC Section 8-5.5(I) - Parcel 080-079 - District 3 - Director, Department of Planning and Community Development
(A Public Hearing was held at the August 19, 2021 Regular Meeting / Public Hearings; Board voted unanimously to hold an additional Public Hearing on September 16, 2021.)

 

(6) Public Hearing and possible vote regarding the approval of a Sketch Plat for KC Property Holdings LLC and variances to UDC 18-11.2(A), UDC 18-11.2(B), UDC Table 14.2, UDC Table 21.6, UDC 21-6.5(A)(2), UDC 21-6.5(D)(1), and UDC 14-4.13 - Parcel 041-087 - SP210005 - District 3 - Director, Department of Planning and Community Development

(7) Public Hearing and possible vote regarding the County-Initiated variance request to reduce the Georgia Highway 400 undisturbed buffer from 40 ft. to 0 ft. - Parcel 063-057 - VA210005 - District 3 - Director, Department of Planning and Community Development
(At the March 4, 2021 Regular Meeting / Public Hearings, the Board voted unanimously to hold an additional Public Hearing on April 1, 2021; postponed from the April 1, 2021 Agenda.  A Public Hearing was held at the May 6, 2021 Regular Meeting / Public Hearing; the Board voted unanimously to hold an additional Public Hearing on July 8, 2021.  Postponed from the July 8, 2021, August 5, 2021, and August 12, 2021 Agendas.)

 

(8) 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(s); and to repeal conflicting Ordinances - Business License Manager, Department of Business License

(The first Public Hearing was held before the Board of Commissioners at the September 2, 2021 Regular Meeting / Public Hearings.)

 

IX. Public Comments

 

X. Old Business

 

(1) WP South Acquisitions, L.L.C. - ZA3994 - to rezone from Multi Family Residential District (RES6) and Commercial Business District (CBD) to Master Planned District (MPD) on 51.72 acres for 310 attached residential units with a density of 6 units per acre and commercial buildings totaling 39,100 sq. ft. with 172 parking spaces with the following variance to: 1.) Increase the percentage of total residential units for apartments from 20% to 100% (UDC 20B-2.3(B)) - Parcels 235-004, 235-055, 235-061, and 235-072 - District 4 - Director, Department of Planning and Community Development

(Postponed from the July 22, 2021 and August 19, 2021 Agendas)

 

XI. New Business

 

(1) Rezoning Requests (Director, Department of Planning and Community Development)

 

(A) Matt Sosebee - ZA4015 - to rezone from Agricultural District (A1) and Neighborhood Shopping District (NS) to Agricultural District (A1) with a Conditional Use Permit (CUP) for an open storage yard with 276 parking spaces on 9.673 acres with the following variances to: 1.) Reduce the zoning buffer adjacent to tax map/parcels 291-028 and 291-173 from 25 ft. to 0 ft. (UDC Table 15.2); and, 2.) Reduce the zoning buffer adjacent to tax map/parcel 291-027 from 25 ft. to 0 ft. (UDC Table 15.2) - Parcels 291-025 and 291-045 - District 4 - Director, Department of Planning and Community Development

 

(B) Nitsye LLC - ZA4009 - to rezone from Agricultural District (A1) to Commercial Business District (CBD) on 1.719 acres for an 8,732 sq. ft. retail/office/veterinary clinic without outdoor facilities with 35 parking spaces with the following variance to: 1.) Eliminate the 5,000 ft. sewer distance requirement to facilitate the use of an on-site septic disposal system (UDC 18-5.18) - Parcel 202-016 - District 5 - Director, Department of Planning and Community Development

 

(2) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism - Parcels 221-705, 221-754, 221-535, and 221-777 - Semanson / John

 

(3) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm - Cooper / Semanson

(At the September 7, 2021 Work Session, the Board voted 3-0-2 (Commissioners John, Levent, and Semanson in favor; Commissioner Cooper absent and Commissioner Mills recused) to authorize staff to proceed with the Public Hearing process regarding the County-Initiated CUP for agritourism.)

 

(4) Board consideration of First Amendment to the Accountability Court Defender Agreement - County Attorney

 

(5) Board consideration and possible vote regarding an Agreement Regarding Exchange of Right-of-Way or Interests in Land between Forsyth County and Brookview, LLC and associated Quit Claim Deed - Director, Department of Engineering / County Attorney

 

XII. Administrative Hearings

 

(1) Administrative Hearing in reference to a violation of the Alcohol Ordinance for VL Business, Inc. dba Alpha Food Mart - Named Licensee is Vasudev Patel - AL200555 - District 3 - Business License Manager, Department of Business License

 

XIII. Recess Regular Meeting

 

XIV. Executive Session (if needed)

 

XV. Adjournment

 

 

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

 

Ken Jarrard, County Attorney, announced that Vice Chairman Cooper’s reasoning for remote-participation in tonight’s meeting was appropriate under the Open Meetings Act.

 

The Invocation and Pledge of Allegiance were led by Kevin Tanner, County Manager.

 

 

 

ADOPTION OF AGENDA

 

There was a motion by Commissioner Levent and a second by Commissioner Semanson to postpone Public Hearing, Item #4 (Public Hearing and possible vote regarding the County-Initiated request for an Amendment of Zoning Conditions on ZA1184 (East Riverside Partnership) by Forsyth County Board of Commissioners - Parcels 017-199 and 017-200 - AZ210037 - 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 allow Public Hearing, Item #7 (Public Hearing and possible vote regarding the County-Initiated variance request to reduce the Georgia Highway 400 undisturbed buffer from 40 ft. to 0 ft. - Parcel 063-057 - VA210005 - District 3) to be withdrawn without prejudice. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

 

Vice Chairman Cooper clarified that she did not vote on the previous items due to technical difficulties.

 

There was a motion by Commissioner John and a second by Commissioner Semanson to postpone Public Hearing, Item #2 (Public Hearing and possible vote regarding Nancy Bentley, ZA3807, CBD & A1 to MPD - District 2) to the Regular Meeting/Public Hearings of October 21, 2021. Motion carried unanimously.

 

There was a motion by Commissioner Semanson and a second by Commissioner John to move Consent Agenda, Item #7N (Board approval of the COVID mitigation plan to support the continuation of government services as presented) to be heard as New Business, Item #6 at the request of the County Manager. Motion carried unanimously.

 

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

 

UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:

 

(1) Board presentation of a Proclamation declaring September 15, 2021 through October 15, 2021 as Hispanic Heritage Month in Forsyth County

 

Chairman Mills read aloud and the Board presented a Proclamation declaring September 15, 2021 through October 15, 2021 as Hispanic Heritage Month in Forsyth County.

 

(2) Board presentation of a Proclamation declaring October 3 through October 9, 2021 as 4-H Week in Forsyth County

 

There was a motion by Commissioner Mills and a second by Commissioner Semanson to postpone this item along with Consent Agenda, Item #4 (Board adoption of a Proclamation declaring October 3 through October 9, 2021 as 4-H Week in Forsyth County) to the Regular Meeting/Public Hearings of October 7, 2021. Motion carried unanimously.

 

Commissioner John made the following announcement: This past week, we had an incident in West Forsyth County, where someone placed a number of lawn signs with the word N.O. in white and gray paint with a bright red dot at the top of the letter O. The placement of these signs implies that it is targeted towards people of Indian origin and towards a property that was in consideration for the future site of a Hindu temple. The Indian community is part of a diverse growing population of Forsyth County and I am proud to be counted as one among them. We are your Doctors, Nurses, Attorneys, small business owners and proprietors, software engineers, teachers, scientists and in this case, your county commissioner. Many, if not most of us, are well integrated into society and are major contributors to the fabric of Forsyth County life. Our children go to the local schools and are doing great. I’ve spoken with Sheriff Ron Freeman and he is equally concerned by this act and has dedicated resources to investigate this matter. He is well regarded by the Indian community and has deep ties and relationships. The Sheriff’s Office is currently working to determine any malicious intent. While we don’t know who did it or what their motivation was, we do know that the population is not shaken, rattled or intimidated by this act. I am proud of the citizens who came out and helped law enforcement pull out some of the signs. Unity is the strength and backbone of our community. We might not all agree on various issues, we might not understand each other, but we will stand united. Political people will try to make hay out of these issues but Forsyth County is a place where everyone can thrive.

 

(3) Presentation by the County Manager

 

Kevin Tanner, County Manager, and John Mullin, Code Compliance Director, presented the Employee Exceeding Expectations Award (Triple E Award) to Wendy Cates, Code Compliance Administrative Specialist, Senior.

 

UNDER PUBLIC COMMENTS THE FOLLOWING PERSON ADDRESSED THE BOARD:

 

Roger Seeholzer (via Zoom)

 

UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:

 

(1) Special Called Meeting of September 1, 2021

 

There was a motion by Commissioner Semanson and a second by Commissioner John to adopt the minutes of the Special Called Meeting of September 1, 2021. Motion carried unanimously.

 

(2) Regular Meeting/Public Hearings of September 2, 2021

 

There was a motion by Commissioner Semanson and a second by Commissioner John to adopt the minutes of the Regular Meeting/Public Hearings of September 2, 2021. Motion carried unanimously.

 

(3) Work Session & Executive Session of September 7, 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 September 7, 2021. Motion carried unanimously.

 

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 September 7, 2021

 

(2) Board acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Carol Way and all other property and property rights as shown on the subdivision plat for Ansley Park, Phase 2B, recorded in Plat Book 197, Page 184-191, Forsyth County, Georgia Records - District 1 - Director, Department of Engineering

 

(3) Board adoption of a Proclamation declaring September 15, 2021 through October 15, 2021 as Hispanic Heritage Month in Forsyth County - Mills / Semanson

 

(4) Board adoption of a Proclamation declaring October 3 through October 9, 2021 as 4-H Week in Forsyth County - Mills / Semanson – Postponed [during Announcements & Reports] to the Regular Meeting/Public Hearings of October 7, 2021

 

(5) Board ratification for the Department of Engineering Director to be the designated authorized signatory for the Municipal Separate Sewer System (MS4) Annual Reports, Stormwater Management Program (SWMP), Watershed Protection Plan (WPP), Annual Reports, and other documents related to the MS4 and National Pollutant Discharge Elimination (NPDES) Permits - Director, Department of Engineering

 

(6) Board authorization to correct a technical error regarding AZ210027. On July 8, 2021, the Forsyth County Board of Commissioners approved AZ210027, to reduce a 50’ exterior setback on Lot 69 from 50’ to 42’. The motion errantly stated that the condition would affect the 25’ buffer as opposed to the 50’ setback. The applicant only sought relief from the 50’ exterior setback and that was the relief the Board was endeavoring to provide. This is confirmation that the approval provided by the Board of Commissioners on July 8, 2021 was to reduce the 50’ exterior setback on Lot 69 from 50’ to 42’. The Forsyth County Clerk is hereby authorized to manually place an “*” on the July 8, 2021 minutes, next to agenda item AZ210027, to cross-reference back to this consent agenda item to reflect this clarification.

 

(7) Board ratification/approval of the following items that were discussed and unanimously approved (by those in attendance) at a Work Session held on September 7, 2021. (NOTE: If four members of the Board unanimously voted to approve the item at the work session and the same four are the only Board members anticipated to be in attendance during the Regular Meeting when the Consent Agenda is considered for approval, no consent by the absent member shall be secured prior to placement of the item on the Consent Agenda.  Otherwise, Board Rule 1.07.01 will be observed.)

(A) Board approval to declare list of items as surplus with authorization for the Department of Procurement to dispose of accordingly - Director, Department of Procurement

 

(B) Board approval of the Change Order with NOVA Engineering and Environmental to complete the material testing and inspections of the Juvenile Justice Center in the amount of $12,155 - Director, Department of Procurement

 

(C) Board authorization for the Chair to sign the Department of Community Affairs 2020 Annual Report for Local Government Finances and Certification of 911 Expenditures for the year ended December 31, 2020 - Chief Financial Officer

 

(D) Board approval of the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding engineering design and relocation of water and sewer utilities on Post Road from Kelly Mill Road to SR 20 due to road widening - Director, Department of Water and Sewer

 

(E) Board approval of the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $1,736,300.00 for the adjustment of water and sewer facilities on State Route 9 from the Fulton County line to County Road 458/McFarland Road due to road widening - Director, Department of Water and Sewer

 

(F) Board approval of the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $4,712,890.00 for waterline relocation and sanitary sewer manhole adjustments on State Route 9 from McFarland Road to Post Road due to road widening - Director, Department of Water and Sewer

 

(G) Board approval of the Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $470,850.00 for the adjustment or Installation of water facilities on State Route 9 from State Route 141 to State Route 20 due to road widening - Director, Department of Water and Sewer

 

(H) Board approval to postpone the consideration and possible direction regarding a possible Board generated rezoning for ZA3953, Forsyth County Board of Commissioners, to the September 21, 2021 Work Session - District 1 - Planning Manager, Department of Planning and Community Development

 

(I) Board authorization for staff to proceed with the Public Hearing process regarding Lighting Requirements within the Unified Development Code - Planning Manager, Department of Planning and Community Development

 

(J) Board authorization for staff to change the Unified Development Code's Overlay Map as well as amend the content of the Overlays as presented with authorization for staff to proceed with the Public Hearing process regarding the proposed Commercial Corridors as soon as the Map is amended- Deputy Director, Department of Planning and Community Development

 

(K) Board approval of the amendments to Chapter 8 related to Administrative Variances within the Unified Development Code as presented on the screen and by staff with authorization for staff to proceed with the Public Hearing process - Deputy Director, Department of Planning and Community Development

 

(L) Board approval of the 2022 Meeting Schedule as presented - County Manager

 

(M) Board authorization for staff to proceed with the Public Hearing process regarding a Specialty Pharmacy - Mills / John

 

(N) Board approval of the COVID mitigation plan to support the continuation of government services as presented - County Manager – This item was moved [during adoption of the Agenda] to be heard as New Business, Item #6 – See Page #31 for action taken

 

(O) Board approval of the Resolution authorizing Bagby Lane to be converted to a cul-de-sac as presented - County Attorney

 

(P) Board direction for staff to draft a letter of objection regarding City of Cumming annexation of parcels 196-001 and 196-002 for discussion and presentation at the September 21, 2021 Work Session - County Attorney

 

(Q) Board authorization to postpone the consideration of City of Cumming annexation of parcel C01-008 (+/- 0.9 Acres of Land) for further discussion and consideration to the September 21, 2021 Work Session - County Attorney

 

Motion carried unanimously.

 

UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:

 

(1) Public Hearing and possible vote regarding the revocation of existing CUP CP180012 in accordance with UDC Section 8-5.5(I) - Parcel 043-077 - District 2

 

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

 

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 John and a second by Commissioner Semanson to revoke the existing CUP, CP180012, in accordance with UDC Section 8-5.5(I) - Parcel 043-077. Motion carried unanimously.

 

(2) Public Hearing and possible vote regarding Nancy Bentley, ZA3807, CBD & A1 to MPD - District 2 – Postponed [during adoption of the Agenda] to the Regular Meeting/Public Hearings of October 21, 2021

 

(3) Public Hearing and possible vote for approval of an Alternate Design for McFarland Road Associates, LLC and a variance to UDC 21-6.5 (M)(1) - Parcels 019-149 and 041-198 - AD210004 - District 3

 

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

 

Chairman Mills declared the Public Hearing open.

 

Speaking in favor:

Christopher Light

 

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 Alternate Design for McFarland Road Associates, LLC and a variance to UDC 21-6.5 (M)(1) - Parcels 019-149 and 041-198 - AD210004 – as presented. Motion carried unanimously.

 

Vice Chairman Cooper left the meeting.

 

(3)(A) McFarland Road Associates, LLC - ZA4010 - to rezone from Commercial Business District (CBD) and Restricted Industrial District (M1) to Commercial Business District (CBD) on 17.582 acres with a Conditional Use Permit (CUP) for a 44,050 sq. ft. expansion of a vehicle sales dealership in addition to existing buildings totaling 81,231 sq. ft. with 397 parking spaces with the following variances to: 1.) Reduce the front landscape strip abutting McFarland Parkway from 20 ft. to 0 ft. (UDC Table 21-6.5(A)(1)); 2.) Reduce the open space from 25% to 20% (UDC Table 21.6); 3.) Reduce the front landscape strips abutting Winkler Drive and Staghorn Court from 15 ft. to 10 ft. (UDC Table 21.6); 4.) Reduce the number of bicycle parking spaces from 10 to 0 (UDC 21-6.5(G)); and, 5.) Increase the percentage of vehicles visible along the frontage of the property abutting McFarland Parkway adjacent to tax

 

map/parcel 019-149 only from 50% to 100% (UDC 21-6.5(L)) - Parcels 019-149 and 041-198 - District 3

 

This item is not a Public Hearing. The Agenda Item was placed here for relationship with Public Hearing, Item #3.

 

Christopher Light, Attorney, addressed the Board at the request of Commissioner Levent.

 

There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the request by McFarland Road Associates, LLC - ZA4010 - to rezone from Commercial Business District (CBD) and Restricted Industrial District (M1) to Commercial Business District (CBD) on 17.582 acres with a Conditional Use Permit (CUP) for a 44,050 sq. ft. expansion of a vehicle sales dealership - Parcels 019-149 and 041-198 – with the variances and conditions as displayed which read as follows:

 

VARIANCES:

 

1. Reduce the front landscape strip abutting McFarland Parkway from 20 ft. to 0 ft. (UDC Table 21-6.5(A)(1)).

 

2. Reduce the open space from 25% to 20% (UDC Table 21.6).

 

3. Reduce the front landscape strips abutting Winkler Drive and Staghorn Court from 15 ft. to 10 ft. (UDC Table 21.6).

 

4. Reduce the number of bicycle parking spaces from 10 to 0 (UDC 21-6.5(G)).

 

5. Increase the percentage of vehicles visible along the frontage of the property abutting McFarland Parkway adjacent to tax map/parcel 019-149 only from 50% to 100% (UDC 21-6.5(L)).

 

CONDITIONS:

 

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

 

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

 

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

 

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

 

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

 

6. Landscaping shall be substantially similar to the landscape shown on the landscaping plan attached as Exhibit “A”.

 

7. Steel black railing shall be painted black.

 

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

 

(4) Public Hearing and possible vote regarding the County-Initiated request for an Amendment of Zoning Conditions on ZA1184 (East Riverside Partnership) by Forsyth County Board of Commissioners - Parcels 017-199 and 017-200 - AZ210037 - District 3 – Postponed [during adoption of the Agenda] to the Regular Meeting/Public Hearings of October 7, 2021

 

Vice Chairman Cooper returned to the meeting.

 

(5) Public Hearing and possible vote regarding the revocation or modification of conditions of existing CUP CP190025 in accordance with UDC Section 8-5.5(I) - Parcel 080-079 - District 3

 

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

 

Chairman Mills declared the Public Hearing open.

 

Speaking in favor:

Ginger Vigneault

Roger Seeholzer (via Zoom)

 

Speaking in opposition:

Ethan Underwood

Dhananjay Gubta

Ramesh Kotike

Deen B. Chandora

Jugal Malpand

 

There was a motion by Commissioner Levent and a second by Commissioner Mills to add 5 minutes to each side. Motion carried unanimously.

 

Speaking in opposition (continued):

Sunil (via Zoom)

Nauda Chafla

Name Unknown (via Zoom)

Name Unknown (in person)

Name Unknown (via Zoom)

 

Speaking in favor (continued):

Rupal Vaishnav (via Zoom)

Roger Seeholzer

 

Vice Chairman Cooper left the meeting.

 

Chairman Mills declared the Public Hearing closed.

Fire Chief Barry Head and Fire Investigator Scott Anderson were recognized and addressed the Board.

 

There was a motion by Commissioner Levent and a second by Commissioner Semanson to address this item prior to Administrative Hearing, Item #1. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

 

Note: See Page #31 for additional action taken.

 

Vice Chairman Cooper returned to the meeting.

 

(6) Public Hearing and possible vote regarding the approval of a Sketch Plat for KC Property Holdings LLC and variances to UDC 18-11.2(A), UDC 18-11.2(B), UDC Table 14.2, UDC Table 21.6, UDC 21-6.5(A)(2), UDC 21-6.5(D)(1), and UDC 14-4.13 - Parcel 041-087 - SP210005 - District 3

 

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

 

Chairman Mills declared the Public Hearing open.

 

Speaking in favor:

Ethan Underwood

 

Speaking in opposition:

None

 

Mr. Underwood displayed a copy of the Mitigation Plan.

 

Chairman Mills declared the Public Hearing closed.

 

There was a motion by Commissioner Levent and a second by Commissioner John to approve the Sketch Plat for KC Property Holdings LLC and variances to UDC 18-11.2(A), UDC 18-11.2(B), UDC Table 14.2, UDC Table 21.6, UDC 21-6.5(A)(2), UDC 21-6.5(D)(1), and UDC 14-14.13 - Parcel 041-087 - SP210005 – with the conditions and variances as displayed including the Mitigation Plan. The conditions and variances read as follows:

 

CONDITIONS:

 

1. Development shall tie onto Forsyth County sewer system by gravity unless otherwise approved by Forsyth W&S.

 

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

 

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

 

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

 

VARIANCES:

 

1. Reduce the stream buffer from 50 ft. to 25 ft. (UDC 18-11.2(A)).

 

2. Reduce the impervious setback from 75 ft. to 52 ft. (UDC 18-11.2(B)).

 

3. Reduce the zoning setback along the western property boundary adjacent to the existing structure only from 30 ft. to 24 ft. (UDC Table 14.2).

 

4. Reduce the front setback adjacent to the existing structure only from 40 ft. to 29 ft. (UDC Table 14.2).

 

5. Reduce the landscape strip along the eastern property boundary from 10 ft. to 4 ft. (UDC 21-6.5(A)(2).

 

6. Increase the maximum number of parking spaces on Tract B from 23 to 42 (UDC 21-6.5(D)(1).

 

7. Reduce the landscape strip along the side lot lines between Tracts A and B from 6 ft. to 0 ft. (UDC 14-4.13).

 

Motion carried unanimously.

 

Note: See Page #18 for a Point of Order regarding Public Hearing, Item #6.

 

(7) Public Hearing and possible vote regarding the County-Initiated variance request to reduce the Georgia Highway 400 undisturbed buffer from 40 ft. to 0 ft. - Parcel 063-057 - VA210005 - District 3 – This item was withdrawn, without prejudice, during adoption of the Agenda

 

(8) 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(s); 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.

 

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 Levent to approve the 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(s); and to repeal conflicting Ordinances as presented by staff. Motion carried unanimously.

 

Ken Jarrard, County Attorney, called a Point of Order and recommended a motion to amend the final decision on Public Hearing, Item #6 to ensure the correct UDC Section, UDC 14-4.13, was referenced in the motion.

 

There was a motion by Commissioner Levent and a second by Commissioner Semanson to amend the motion of Public Hearing, Item #6 to clarify UDC 14-4.13 was intended. Motion carried unanimously.

 

UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:

 

Robert Williford

Robert Oppenlander – There was a motion by Commissioner Semanson and a second by Commissioner Levent to add one minute of speaking time for this speaker. Motion carried unanimously.

 

UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

 

(1) WP South Acquisitions, L.L.C. - ZA3994 - to rezone from Multi Family Residential District (RES6) and Commercial Business District (CBD) to Master Planned District (MPD) on 51.72 acres for 310 attached residential units with a density of 6 units per acre and commercial buildings totaling 39,100 sq. ft. with 172 parking spaces with the following variance to: 1.) Increase the percentage of total residential units for apartments from 20% to 100% (UDC 20B-2.3(B)) - Parcels 235-004, 235-055, 235-061, and 235-072 - District 4

 

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

 

Ken Jarrard, County Attorney, addressed the Board.

 

Exhibit “A” and Exhibit “B” were displayed.

 

Tyler Heard was recognized and addressed the Board at the request of Chairman Mills.

 

Commissioner Semanson left the meeting.

 

Commissioner Semanson returned to the meeting.

 

There was a motion by Commissioner Mills and a second by Commissioner Semanson to approve the request by WP South Acquisitions, L.L.C. - ZA3994 - to rezone from Multi Family Residential District (RES6) and Commercial Business District (CBD) to Master Planned District (MPD) with the requested variance, and with the conditions as displayed, and with the displayed site plan as Exhibit “A”, and with Condition #11 to be modified to reflect that the referenced exhibit is Exhibit “B”. The variance and conditions read as follows:

 

VARIANCE:

 

1. Increase the percentage of total residential units for apartments from 20% to 100% (UDC 20B-2.3(B)).

 

CONDITIONS:

 

1. Development shall be substantially in accordance with the site plan and Master Development Plan Book on file with the Forsyth County Department of Planning and Community Development. In the event of any conflict between the MPD Book and these conditions, the provisions of these conditions shall control.

 

2. No Certificates of Occupancy shall be issued for any portion of the residential component of this development unless and until an “as-built” for the commercial plan is approved by the Forsyth County Department of Planning & Community Development verifying the following:

 

(a) That all commercial portions of the development have, at a minimum, been graded and sodded, seeded, or hydroseeded with grass and/or planted with groundcover species.

 

3. The Coal Mountain Overlay Commercial Architecture Design Standards of UDC § 21-12.8(A) shall apply to all non-residential development.

 

4. The Coal Mountain Overlay Table 21.12 “Coal Mountain Overlay Approved Plant List” shall apply to the entire development.

 

5. The Coal Mountain Overlay Lighting requirements of UDC § 21-12.7 shall apply to the entire development, except to the extent modified by Condition 22.

 

6. The Coal Mountain Overlay Signage requirements of UDC § 21-12.6 shall apply to the entire development.

 

7. Monument signs shall use channel lettering.

 

8. The area labeled “Open Space” on the site plan and located across the street from Residential “Building 1” and Residential “Building 2”, shall be undisturbed, except for utility and ROW construction, and designated as a passive park qualifying as open space and civic space.

 

9. Prior to issuance of any certificates of occupancy for the Residential Zone, a Declaration of Easements, Covenants, and Restrictions governing the Residential Zone, Commercial Zone, and Open Space Zone shall be recorded in the real property records of Forsyth County creating a Property Owners Association (POA) to ensure ongoing and continued maintenance of the entire development as a Class A, premier property.  Membership in the POA shall be mandated for each separately owned property comprising the development. The covenants shall grant each member entity lien and self-help rights.  The Declaration of Easements, Covenants, and Restrictions contemplated herein shall be signed and filed in the real property records of Forsyth County within thirty (30) days of the Commercial Zone owner being different from the Apartment Zone owner and shall be provided to the Department of Planning & Community Development for approval, prior to execution and recording, to ensure consistency with the intention of this condition.  The Department’s approval shall not be unreasonably withheld.

 

10. The POA shall ensure that the community standards are upheld. At a minimum, the POA shall be responsible for maintenance, servicing, repair, and necessary replacement of landscaping, sidewalks, pedestrian signage, trails, benches, open spaces, park areas, pet waste disposal supply dispensers and receptacles, dog park maintenance, public trash and recycling receptacles, and parking areas.

 

11. The Residential Zone of this development shall have a professional management company under contract to operate and maintain the property as a Class A community. For purposes of these conditions, a Class A community means that the community, at the time of development, will have the highest quality buildings in the market area, premier amenities, rents in the top ten percent (10%) for the applicable market, and no deferred maintenance. The previous sentence notwithstanding, subsequent to the time of development, the Developer and/or the professional management shall use good faith best efforts to ensure that the development is continually upgraded, repaired, and maintained as a Class A space. The property will be maintained at all times in a Class A manner in accordance with Exhibit “B” attached hereto and made a part hereof, with the management company exercising diligence to ensure that the checklist items in Exhibit “B” remain in “acceptable” condition. The management company will prepare annual budgets that include a capital reserve line item for continued interior, exterior and landscaping improvements, in addition to normal turn over maintenance and repair items, to ensure the development is maintained in a Class A manner. The management company will conduct monthly, quarterly, and annual site inspections to insure that the community is being maintained in a Class A manner, and will complete Exhibit “B” as part of such inspections. The management company shall make available the completed checklists to the county upon request. Rental agreements shall include language providing that management will make repairs to the apartments with reasonable promptness on receipt of written notice from residents.

 

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

 

13. Development shall tie into the Forsyth County sewer system by gravity unless otherwise approved by the Forsyth County Department of Water and Sewer. Gravity sewer outfalls shall follow natural contours in order to minimize depth.

 

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

 

15. Any improvement to the water or sewer systems are required to meet fire flow or other requirements and shall be done at developer’s expense.

 

16. There shall be a minimum ten (10) foot setback from all utility easements to any building, unless otherwise approved by the Forsyth County Department of Water and Sewer.

 

17. There shall be no trees planted within the right-of-way or within utility easements unless approved by the Forsyth County Water & Sewer Department and/or the Forsyth County Engineering Department.

 

18. Owner/Developer shall, as part of site development, construct the proposed public streets to Forsyth County Construction Standard Detail No. 121 (30’ Commercial Street) and dedicate such road to Forsyth County, as depicted on Exhibit B – Public Streets Plan. This Public Streets Plan shall be designed to allow connection of Tax Parcel: 234-007 to one of the new public streets depicted thereon, as further explained in Condition 41.  The Developer shall dedicate to Forsyth County all new public streets located within the subject property.

 

19. Owner/Developer shall obtain an entrance permit from Georgia DOT and construct all improvements on S.R. 400 as required by Georgia DOT and/or Department of Engineering based on final configuration of site plan.

 

20. Owner/Developer shall construct a deceleration lane and dedicate any required right-of-way on Settingdown Circle for the deceleration lane as required by Department of Engineering based upon final configuration of site plan.

 

21. Lights shall be installed per the following standards:

 

(a) For all commercial areas, Coal Mountain Overlay notwithstanding, freestanding pole lights shall not exceed twenty-five (25) feet in height and shall have a black metal finish.

 

(b) For all residential areas, freestanding pole lights shall not exceed sixteen (16) feet in height and have a black metal finish.

 

(c) For pedestrian walkways, sidewalks, and trails, in any area, freestanding pole lights shall not exceed fourteen (14) feet in height and may be cutoff or semi-cutoff fixtures with a black metal finish.

 

(d) Building-mounted lighting shall highlight architectural features and not illuminate the entire building façade.

 

(e) All canopy luminaries shall be fully recessed and utilize flat lenses.

 

22. Wetlands shall remain undisturbed unless prior approval is acquired from the US Army Corps of Engineers (the “Corps”). If wetlands are disturbed, intentionally or unintentionally, site development shall include the creation and implementation of a wetlands enhancement plan for all wetlands within the subject parcel, developed and implemented in accordance with Corps’ recommendations.

 

23. 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.

 

24. All water towers, cooling towers, storage tanks, and other structures or equipment incidental to the primary use of a building or site shall be architecturally and aesthetically compatible with the principal building or effectively screened from view from any public right-of-way, including, but not limited to, GA 400.

 

25. All utility and/or mechanical equipment, including, but not limited to, HVAC units, utility meters, utility boxes, and utility piping, shall be effectively screened from view from any public right-of-way, including, but not limited to, GA 400.

 

26. There shall be a maximum of eight (8) buildings containing residential units.

 

27. Residential buildings are permitted to include more than six (6) residential units.

 

28. The maximum number of residential units is three-hundred and ten (310).

 

29. The maximum number of bedrooms for any residential unit is two (2).

 

30. The maximum number of two bedroom residential units is one-hundred and forty (140).

 

31. Subject to and in accordance with the Federal Fair Housing law, occupancy will be restricted to no more than two (2) persons per bedroom. Any occupants that will reside in the apartment shall be listed on the first page of the unit lease documents, and any other individuals not listed thereon are unauthorized to live in the apartment. This lease provision will be strictly enforced by the owner and/or the management company referenced in these conditions.

 

32. The minimum heated floor space of one bedroom residential units shall be six-hundred and fifty (650) square feet. The maximum resident occupancy of one bedroom residential units shall be two (2) persons. All one bedroom unit leases shall include a notice of the maximum of two (2) person resident occupancy limit.

 

33. The minimum heated floor space of two bedroom residential units shall be one-thousand (1,000) square feet. The maximum resident occupancy of two bedroom residential units shall be four (4) persons. All two bedroom unit leases shall include a notice of the maximum of four (4) person resident occupancy limit.

 

34. The residential component Residential Zone shall approve and use only one (1) garbage compactor/dumpster pick-up service which shall NOT pick up between the hours of 9:00 pm and 6:00 am.

 

35. The residential component shall adopt and comply with any neighborhood watch, citizen crime prevention, or similar community policing programs that are adopted or implemented by the Forsyth County Board of Commissioners or the Forsyth County Sheriff’s Office.

 

36. The residential component shall welcome and encourage courtesy officers at a discounted rate commensurate with other Class A apartments in Forsyth County.

 

37. The residential buildings and residential pool/grill/firepit area shall only be accessible by technology that is not capable of being easily shared with non-residents in order to better ensure that unescorted non-residents are not able to access these areas.

 

38. No Trespassing signs shall be installed along the common boundary with parcel 214-013 at spacing no greater than one-hundred and fifty (150) feet.

 

39. Within the additional twenty-five (25) foot impervious setback located outside the fifty (50) foot undisturbed natural vegetative Stream Buffer running along Settingdown Creek, the owner/developer shall show location of and dedicate a twenty (20) foot right-of-way with five (5) foot construction easements on both sides for the construction of a greenway multi-use trail along the entirety of the boundary with Settingdown Creek, which shall occur prior to final plat approval. Specific alignment of the trail right-of-way and required easements are to be approved by the Forsyth County Department of Engineering and Forsyth County Department of Planning and Community Development.

 

40. The following commercial uses shall be prohibited:

 

(a) Bargain stores; retail stores that sell general merchandise at discounted prices

(b) Self-Storage, Storage, or Warehouse facilities

(c) Electronic game playing centers

(d) Adult entertainment centers

(e) Establishments where waiters, bar tenders, or other service providers are nude or semi-nude

(f) Adult novelty stores

(g) Pawn shops

(h) Pool halls

(i) Tattoo parlors

(j) Manufacturing, except for light manufacturing incidental to a permissible use

(k) Massage parlors, except massage establishments that provide massage services as well as facials, chemical peels, muscle stretch therapy services, aromatherapy and foot treatments

(l) Landfills

(m) Liquidation outlets, fire and bankruptcy sales operations

(n) Transfer stations

(o) Trailer parks

(p) Temporary buildings except construction trailers in commercial and industrial districts

(q) Electronic message boards/Changeable copy signs regardless of general allowance of such upgrades in the Forsyth County Sign Ordinance and this Code

(r) Chemical storage facilities

(s) Smoke shops and vape/e-cigarette stores

(t) Self-service car wash facilities

(u) Panhandling

(v) Building supply yards

(w) Fuel tank lease and sales establishments

(x) Vehicle, camper, and outdoor equipment sales and dealerships

(y) Automobile service, repair, or body shops

 

41. The public street required by Condition #18 shall be constructed, approved, and dedicated to Forsyth County prior to the issuance of any certificate of occupancy for any structure within the development and shall be a public street designed and constructed to Forsyth County public street standards. This public street shall provide motor vehicle connectivity and access from Settingdown Circle, across the development, to and within a motor vehicle connection point at Tax Parcel 234-007. This condition shall not be deemed fulfilled for purposes of certificate of occupancy issuance until, in the good faith discretion of the Director of Engineering, there has been fully constructed a public street that allows motor vehicle access to and from the apartment community at Tax Parcel 234-007 to Settingdown Circle, such as can serve as a primary vehicular access point for residents in the apartment community at Tax Parcel 234-007 to and from Ga. 400 and to and from Settingdown Circle. Developer shall be responsible for all costs to acquire necessary easements and construction of any roadway, access drive, signage, or gate upon Tax Parcel: 234-007.

 

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

 

UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

 

(1A) Matt Sosebee - ZA4015 - to rezone from Agricultural District (A1) and Neighborhood Shopping District (NS) to Agricultural District (A1) with a Conditional Use Permit (CUP) for an open storage yard with 276 parking spaces on 9.673 acres with the following variances to: 1.) Reduce the zoning buffer adjacent to tax map/parcels 291-028 and 291-173 from 25 ft. to 0 ft. (UDC Table 15.2); and, 2.) Reduce the zoning buffer adjacent to tax map/parcel 291-027 from 25 ft. to 0 ft. (UDC Table 15.2) - Parcels 291-025 and 291-045 - District 4

 

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

 

Christopher Light, Attorney, was recognized and addressed the Board at the request of Chairman Mills.

 

There was a motion by Commissioner Mills and a second by Commissioner Semanson to approve the request by Matt Sosebee - ZA4015 - to rezone from Agricultural District (A1) and Neighborhood Shopping District (NS) to Agricultural District (A1) with a Conditional Use Permit (CUP) for an open storage yard with 276 parking spaces on 9.673 acres with the conditions as displayed in the red-lined version (no variances). The final conditions read as follows:

 

1. Development shall be substantially in accordance with the site plan on file in the Department without the variances.

 

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

 

3. There shall be a ten (10) foot minimum setback from all utility easements to any building, unless otherwise approved by the Forsyth County Water and Sewer Department.

 

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

 

5. Owner/Developer shall reserve seventy-five (75) feet from centerline of S.R. 306 (Keith Bridge Road) as part of site development or when needed for road improvement projects as determined by the Georgia Department of Transportation or the Forsyth County Department of Engineering.

 

6. Perimeter fencing and the interior of the site shall be fully screened using vegetative screening. Existing trees within the exterior buffer may be saved to accomplish the screening goals. New plantings shall be of sufficient size at the time of maturity to accomplish this screening. Vegetative screening shall, in addition to other plantings, consist of a minimum of two (2) staggered rows of evergreen trees at an average spacing of no less than twelve (12) feet on-center in each row. The following required plantings are required and shall necessitate zoning buffer disturbance for tree installation:

 

(a) The row of trees closest to the storage lot area, herein referred to as Row one (1), shall be planted parallel to the storage lot area and shall be planted with overstory evergreen trees which shall be a minimum of six (6) feet in height at the time of installation.

 

(b) The row of trees parallel to Row one (1) that will be planted farther from the storage lot area, herein referred to as Row two (2), shall be planted with overstory or understory evergreen trees, which shall be at least six (6) feet in height at the time of installation.

 

(c) All shrubs shall be a minimum of two (2) feet high at the time of planting.

 

(d) The remaining ground area shall be sodded, seeded, or hydroseeded with grass and/or planted with groundcover species.

 

7. The following shall not be planted:

 

(i) Ailanthus altissima (tree-of-heaven)

(ii) Albizia julibrissin (mimosa)

(iii) Alternanthera philoxeroides (alligator weed)

(iv) Cupressocyparis leyandii (leyland cypress)

(v) Eichhornia crassipes (water hyacinth)

(vi) Elaegnus pungens (thorny olive)

(vii) Elaeagnus umbellate (autumn olive)

(viii) Hedera helix (English ivy)

(ix) Hemerocallis ‘Stella de Oro’ (stella d' oro daylily)

(x) Hydrilla verticillata (hydrilla)

(xi) Ilex x attenuata (savannah holly)

(xii) Imperata cylindrical (congongrass)

(xiii) Juniperus virginiana (red cedar)

(xiv) Lespedeza bicolor (shrubby lespedeza)

(xv) Lespedeza cuneata (sericea lespedeza)

(xvi) Ligustrum japonicum (Japanese privet)

(xvii) Ligustrum sinense (Chinese privet)

(xviii) Lonicera japonica (Japanese honeysuckle)

(xix) Lonicera maackii (amur honeysuckle)

(xx) Lygodium japonicum (Japanese climbing fern)

(xxi) Melia azedarach (chinaberry)

(xxii) Microstegium vimineum (Nepalese browntop)

(xxiii) Miscanthus sinensis (Chinese silvergrass)

(xxiv) Murdannia keisak (marsh dayflower)

(xxv) Nandina domestica (sacred bamboo)

(xxvi) Paulownia tomentosa (princess tree)

(xxvii) Phyllostachys aurea (golden bamboo)

(xxviii) Pinus (pine)

(xxix) Pueraria Montana var. lobata (kudzu)

(xxx) Prunus (cherry)

(xxxi) Prunus laurocerasus ‘Otto Luyken' (otto luyken laurel)

(xxxii) Prunus laurocerasus ‘Schipkaenis’ (schip laurel)

(xxxiii) Rhaphiolepis indica (indian hawthorn)

(xxxiv) Rosa multiflora (multiflora rose)

(xxxv) Rosa radrazz (knockout rose)

(xxxvi) Sesbania herbacea (bigpod sesbania)

(xxxvii) Sesbania punicea (red sesbania)

(xxxviii) Spiraea japonica (Japanese spiraea)

(xxxix) Triadica sebifera (Chinese tallow tree)

(xl) Vinca major (big periwinkle)

(xli) Vinca minor (common periwinkle)

(xlii) Wisteria sinensis (wisteria)

 

8. Certification by a registered landscape architect verifying that landscaping meets the landscaping conditions of this Conditional Use Permit must be provided at the time of the landscape plan submittal. In addition, the contractor responsible for landscape installation must certify that all plant material has been installed per the approved plans. These certifications must be submitted prior to the approval of the as-built and/or final plat. The Property Owner shall be responsible for maintenance of required landscaping. All dead or damaged plant material within landscaped areas must be replaced with a similar species within one month. If weather conditions are not appropriate for replanting, the property owner may postpone replacement for up to six (6) months. Replacement trees and shrubs shall be of similar size to trees or shrubs being replaced.

 

9. Only boats on trailers, personal watercraft on trailers, recreational vehicles (RVs), and campers, which are authorized tenants of the storage business, are permitted to be stored on the property and each shall be stored only in their assigned slip. Storage of anything other than boats on trailers, personal watercraft on trailers, recreational vehicles (RVs), and campers is prohibited. This prohibition includes, but is not limited to, junk, junk vehicles, construction equipment, shipping equipment, tractor trailers, tanker trucks, shipping containers, earth moving equipment and dumpsters.

 

10. Only storage is permitted. Washing, repairing, fueling, draining of fluids, refilling of fluids, servicing, or any similar activity is prohibited on the premises.

 

11. No sewage discharge or disposal is permitted on the premises. Anything stored on premises that contains a wastewater tank must have the contents of the tank emptied prior to entering the premises.

 

12. All lease agreements shall include notice of, and agreement to, abide by the rules of the property which shall include, but not be limited to, prohibiting loitering on, living on, camping on, or making excessive noise on the property.

 

13. Owner/Operator shall maintain a dumpster for use by customers to deposit solid waste from authorized items stored on premises. Said dumpster shall be no larger than six (6) feet by six (6) feet. Said dumpster shall be located where it is not visible from any adjacent property or right-of-way. Said dumpster shall be emptied weekly to avoid unpleasant odors and/or attracting insects and/or vermin.

 

14. The Open Storage area shall be fenced with a minimum six (6) foot high fence. Vegetation shall screen said fence from any and all viewpoints outside the site. Chain-link fencing is prohibited unless it is green or black and fully screened from view.

 

15. There shall be only one customer entrance/exit and it shall not provide direct access to Damascus Road.

16. Developer shall design and construct the entrance/exit so that a vehicle authorized for storage on premises or a vehicle towing items authorized for storage on premises has sufficient space to safely park and turn around outside of the gate without touching S.R. 306 (Keith Bridge Road).

 

17. Any entrance/exit shall be gated with a decorative gate having a height of no less than six (6) feet. Access through the gate shall be electronically controlled to only permit access by authorized customers and only during business hours.

 

18. Business hours shall be from 4:00 a.m. to 12:00 a.m. Customer gate access and any other customer access to the site during closed hours, 12:00 a.m. to 4:00 a.m., shall be prohibited. No customers or employees shall be on the premises during closed hours.

 

19. If not otherwise prohibited by Forsyth County, owner developer may construct one (1) monument sign per the following:

 

(a) The structure shall be brick or stone.

 

(b) The sign face shall not be of the singular plastic insert or panel sheet variety. Channel letters are strongly encouraged.

 

(c) If internally illuminated, lettering shall be individually formed and lighted.

 

(20) If approved by the Forsyth County Department charged with authorizing traffic control signs, the owner/developer shall, at their own expense, install an approved sign, in an approved location, giving notice that there is no outlet to Damascus Road.

 

(21) All lighting shall be individually motion activated and programmed to shut off not more than fifteen (15) minutes after last motion is detected.

 

(22) Freestanding pole lights, if any, shall not exceed twenty (20) feet in height and shall have a black metal finish.

 

(23) Uplighting is prohibited.

 

(24) All canopy luminaries shall be fully recessed and utilize flat lenses. All other fixtures shall be full-cutoff or fully shielded.

 

(25) All lighting shall emit a low color temperature light having a Kelvin temperature of no more than three-thousand (3,000). Thereby, light emitted from any source on site will be in the “warm” spectrum and light with a bluish color, sometimes referred to as “daylight” lights, which are in the “cool” spectrum are prohibited. See the chart below for guidance.

 

 

 

 

 

26. A video surveillance system shall be installed, maintained, and recording at all times. The video cameras shall be of a sufficient number to capture video of the entire perimeter and/or interior of the site. All video cameras shall be capable of capturing video images in darkness, commonly referred to as “night vision” video. The video surveillance system shall record and store all video from all cameras for not less than thirty (30) days. Upon request from Law Enforcement, including, but not limited to, Code Compliance, recordings shall be preserved for not less than thirty (30) days, as measured from the date of request, to allow time for legal authorization to obtain said recordings. Cameras shall be positioned, or the system shall be programmed so that video or images of privately-owned external properties is not recorded in order to avoid any invasion of neighbor’s privacy.

 

27. The color of all structures shall be muted, subdued, and earth tone.

 

28. Burglar bars, fiberglass awnings, exterior roof access ladders, and steel roll down curtains are prohibited.

 

29. Stormwater management facilities and structures shall be vegetatively screened from viewpoints outside the site.

 

30. The portion of the subject property outlined on Exhibit “A” and located to the Northeast of Damascus Road shall remain undisturbed unless used for required tree plantings or as otherwise required by Forsyth County.

 

Motion carried unanimously.

 

(1B) Nitsye LLC - ZA4009 - to rezone from Agricultural District (A1) to Commercial Business District (CBD) on 1.719 acres for an 8,732 sq. ft. retail/office/veterinary clinic without outdoor facilities with 35 parking spaces with the following variance to: 1.) Eliminate the 5,000 ft. sewer distance requirement to facilitate the use of an on-site septic disposal system (UDC 18-5.18) - Parcel 202-016 - District 5

 

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.

 

There was a motion by Commissioner Semanson and a second by Commissioner Levent to address this item after Public Hearing, Item #5 (prior to Administrative Hearings). Motion carried unanimously.

 

Note: See Page #31 for additional action taken.

 

(2) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism - Parcels 221-705, 221-754, 221-535, and 221-777

 

Commissioner Semanson addressed the Board.

 

There was a motion by Commissioner Semanson and a second by Commissioner Mills to authorize staff to proceed with the Public Hearing process regarding a County-Initiated Conditional Use Permit (CUP) for agritourism - Parcels 221-705, 221-754, 221-535, and 221-777. Motion carried unanimously.

 

(3) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm

 

At the Work Session of September 7, 2021, Chairman Mills recused herself from any discussion/vote related to this item. The meeting was turned over to Commissioner Semanson.

 

There was a motion by Commissioner Semanson and a second by Commissioner Levent to authorize staff to proceed with the County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm. Motion carried with four members in favor (Cooper, John, Levent and Semanson) and one member recused (Mills).

 

The meeting was turned back over to Chairman Mills.

 

(4) Board consideration of First Amendment to the Accountability Court Defender Agreement

 

Ken Jarrard, County Attorney, addressed the Board.

 

There was a motion by Commissioner Mills and a second by Commissioner John to approve the First Amendment to the Accountability Court Defender Agreement. Motion carried unanimously.

 

(5) Board consideration and possible vote regarding an Agreement Regarding Exchange of Right-of-Way or Interests in Land between Forsyth County and Brookview, LLC and associated Quit Claim Deed

 

Ken Jarrard, County Attorney, addressed the Board. The Right of Way Exhibit for Brookview, Phase II-B, was displayed. There was a motion by Commissioner Semanson and a second by Commissioner John to approve the Agreement Regarding Exchange of Right-of-Way or Interests in Land between Forsyth County and Brookview, LLC and associated Quit Claim Deed. Motion carried unanimously.

 

(6) Board approval of the COVID mitigation plan to support the continuation of government services as presented - County Manager – This item was moved [during adoption of the Agenda] to New Business, Item #6 (originally Consent Agenda, Item #7N)

 

Kevin Tanner, County Manager, addressed the Board. At the Work Session held on September 7, 2021, the Board approved a COVID mitigation plan. Mr. Tanner requested the Board to make one minor change to that approval to extend Pandemic Leave to all employees, regardless of vaccine status, if they are required by Risk Management to quarantine due to COVID for a maximum of 80 hours until January 15, 2022. There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the COVID mitigation plan as presented. Motion carried unanimously.

 

At this time, the Board returned to Public Hearing, Item #5.

 

UNDER PUBLIC HEARINGS (CONTINUED) THE FOLLOWING ACTIONS WERE TAKEN:

 

(5) Public Hearing and possible vote regarding the revocation or modification of conditions of existing CUP CP190025 in accordance with UDC Section 8-5.5(I) - Parcel 080-079 - District 3

 

Ethan Underwood, Attorney, addressed the Board. The red-lined conditions were displayed. Mr. Underwood advised the Board that, after reviewing the conditions, his client is not in agreement with Conditions 13, 20, 21, 22 and 24.

 

Commissioner John left the meeting.

 

There was a motion by Commissioner Levent and a second by Commissioner Mills to postpone the decision regarding the revocation or modification of conditions of existing CUP CP190025 in accordance with UDC Section 8-5.5(I) - Parcel 080-079 – to the Regular Meeting/Public Hearings of October 7, 2021 (Old Business). Motion carried with four members in favor (Mills, Cooper, Levent and Semanson) and one member absent (John).

 

Commissioner John returned to the meeting.

 

At this time, the Board returned to New Business, Item #1B.

 

UNDER NEW BUSINESS (CONTINUED) THE FOLLOWING ACTIONS WERE TAKEN:

 

(1B) Nitsye LLC - ZA4009 - to rezone from Agricultural District (A1) to Commercial Business District (CBD) on 1.719 acres for an 8,732 sq. ft. retail/office/veterinary clinic without outdoor facilities with 35 parking spaces with the following variance to: 1.) Eliminate the 5,000 ft. sewer distance requirement to facilitate the use of an

 

 

on-site septic disposal system (UDC 18-5.18) - Parcel 202-016 - District 5

 

There was a motion by Commissioner Semanson and a second by Commissioner Mills to approve the request by Nitsye LLC - ZA4009 - to rezone from Agricultural District (A1) to Commercial Business District (CBD) - Parcel 202-016 – with the conditions as displayed including Condition #16 as provided by Legal Counsel. The conditions read as follows:

 

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

 

2. Uses shall be limited to office, animal hospitals/veterinary clinics without outdoor facilities, and retail excluding liquor stores and bottle shops, used merchandise stores, convenience stores, and automotive parts stores not involving repair.

 

3. Hours of operation will be no earlier than 6:00 a.m. and no later than 9:00 p.m.

 

4. Building is limited to one story.

 

5. The overall architectural theme of the building shall be residential in nature as illustrated in Exhibit A. All architectural design standards shall comply with the requirements of the Unified Development Code (UDC).

 

6. There shall be a 10 ft. buffer in lieu of the required landscape strip along Marsha Circle planted in accordance with the Forsyth County Buffer Standards.

 

7. All buffer material shall be a minimum of 6 ft in height at the time of planting and shall be field located for maximum screening based on field conditions.

 

8. All buffer material planted along Marsha Circle shall consist of Overstory trees and shall be offset to create a continuous line of screening.

 

9. Uplighting is prohibited except for monument signs.

 

10. From 10:00 p.m. until 6:00 a.m. all exterior lights will be individually motion activated and programmed to turn off no more than 15 minutes after motion was last detected.

 

11. Any freestanding pole light shall not exceed sixteen (16) feet in height and have a black metal finish.

 

12. All exterior lights shall have a Kelvin color temperature of no more than 3,000.

 

13. There shall be no signage placed along Marsha Circle.

 

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

 

15. Neon and internally lit signage is prohibited.

 

16. Applicant shall install a recognized noise reducing material in kennel area so as to reduce noise outside of the building.

 

Motion carried unanimously.

 

UNDER ADMINISTRATIVE HEARING THE FOLLOWING ACTIONS WERE TAKEN:

 

(1) Administrative Hearing in reference to a violation of the Alcohol Ordinance for VL Business, Inc. dba Alpha Food Mart - Named Licensee is Vasudev Patel - AL200555 - District 3

 

Amy Konrath, Business License Manager, addressed the Board.

 

Chairman Mills declared the Administrative Hearing open.

 

Vasudev Patel, Named Licensee, addressed the Board.

 

Nuru Zaman, Business Partner, addressed the Board.

 

Chairman Mills declared the Administrative Hearing closed.

 

There was a motion by Commissioner Levent and a second by Commissioner John to place a warning letter in the file of VL Business, Inc. dba Alpha Food Mart - Named Licensee is Vasudev Patel - AL200555. Motion carried unanimously.

 

There was a motion by Commissioner Semanson and a second by Commissioner John to adjourn. Motion carried unanimously.

 

 

____________________________________

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

 

 

_______________________________