FORSYTH COUNTY BOARD OF COMMISSIONERS REGULAR MEETING/PUBLIC HEARINGS FEBRUARY 17, 2022 On Thursday, February 17, 2022 at 5:00 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: Alfred John – Chairman, Molly Cooper – Vice Chairman (via Zoom), Todd Levent – Secretary, Cindy Jones Mills – Member, Laura Semanson – Member, Ken Jarrard – County Attorney and Rhonda Hansard – County Clerk. THE FORSYTH COUNTY BOARD OF COMMISSIONERS REGULAR MEETING / PUBLIC HEARINGS ON FEBRUARY 17, 2022, 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, FEBRUARY 17, 2022 AT 5:00 PM 110 EAST MAIN STREET, SUITE 220 CUMMING, GEORGIA 30040 I. Call Meeting to Order II. Invocation and Pledge of Allegiance III. Adoption of Agenda IV. Announcements and Reports V. Public Comments VI. Adoption of Minutes (1) Regular Meeting / Public Hearings of February 3, 2022 (2) Work Session and Executive Session of February 8, 2022 VII. Consent Agenda (1) Board adoption of Resolution authorizing Affidavit concerning the Executive Session of February 8, 2022 (2) Board ratification of the following items that were discussed and voted on at the Work Session held on February 8, 2022 (as anticipated by Board Rule 1.07.01): Regular Meeting/Public Hearings Page 2 February 17, 2022 (A) Board authorization for staff to apply to the Georgia Department of Agriculture / Dog and Cat Sterilization Grant Program for a grant in the amount of $60,000.00 with no match required - Director, Animal Shelter (B) Board approval to declare the list of items as surplus with authorization for the Department of Procurement to dispose of accordingly - Director, Department of Procurement (C) Board approval of a Supplemental Agreement with Atlas in the amount of $241,651.49 regarding the McGinnis Ferry Widening Project and thereby amending the original PO #20151708 by merging into one complete project instead of three sections - Director, Department of Capital Projects (D) Board approval of a Change Order (CO#006) from G.P.'s Enterprises, Inc. in the amount of $425,142.17 regarding the Ronald Reagan Boulevard Project to modify storm drainage to eliminate long, steep down drains; increase quantities for multiple materials based on actual site conditions encountered; and, credit for materials not required during bridge construction - Director, Department of Capital Projects (E) Board approval of Supplemental Agreement No. 1, PI 0016975 CR 97/CR 104/PILGRIM MILL RD FM FREEDOM PKWY TO TIDWELL PARK, between the Georgia Department of Transportation (GDOT) and Forsyth County, which adds the following Supplemental Amounts to the Project Framework Agreement (PFA): Federal Supplement Amount $281,492.00 - Federal Supplemental Amount; and, Local Participation/Match $70,373.00 - Local Participation/Match. The total Supplemental Amount is $351,865.00 - Director, Department of Capital Projects (F) Board approval of Supplemental Agreement No. 2, PI 0007526 SR 400 @ MCGINNIS FERRY RD; INC WIDENING & AUXILIARY LANES, between the Georgia Department of Transportation (GDOT) and Forsyth County, which adds the following Supplemental Amounts to the Project Framework Agreement (PFA): $458,938.00 - Federal Supplemental Amount; $115,984.00 - Local Participation/Match; $467,750.00 - additional Federal Earmark; and, $116,937.50 - Local Participation/Match (additional Federal Earmark). The total Supplemental Amount is $1,159,609.50 - Director, Department of Capital Projects (G) Board approval of a Task Order in the amount of $149,760.00 with Brown and Caldwell for On-Site Construction Services for the Laurel Springs Gravity Sanitary Sewer Replacement Project for the Department of Water and Sewer - Director, Department of Water and Sewer (H) Board approval of the Septage Receiving Program at the Fowler Water Reclamation Facility with approval of the Program's Rate Structure - Director, Department of Water and Sewer Regular Meeting/Public Hearings Page 3 February 17, 2022 (I) Board approval to award RFP 21-193-0610 to USIS, Inc. in the not to exceed amount of $35,000.00 for Workers' Compensation Third Party Claims Administrative Services in 2022 for the Department of Risk Management - Risk and Safety Manager, Department of Risk Management (J) Board approval of proposed modifications to the Employee Handbook Policy 4: Compensation Plan - Director, Department of Personnel Services (K) Board approval of proposed modifications to the Employee Handbook Policy 6: Position Placement - Director, Department of Personnel Services (L) Board approval to award RFP 21-179-3190 to Kimley-Horn and Associates, Inc. in the amount of $300,000.00 to provide all labor, materials, and equipment for The McFarland Livable Centers Initiative (LCI) Investment Feasibility Study with approval of a Budget Resolution and to increase the scope of work to include the area between McFarland Parkway, Georgia 400 and Highway 9 - Assistant County Manager (Kenney) (M) Board approval to expend SPLOST 8 funding in the not to exceed amount of $114,721.00 to extend an 8” waterline for additional fire protection and water services along Fleming Drive - County Manager (N) Board approval of a First Amended Memorandum of Understanding between Forsyth County and the Forsyth County / City of Cumming Land Bank Authority - County Manager (O) Board authorization for staff to proceed with the Public Hearing process regarding a County-Initiated variance to reduce the exterior setback from 50 ft. to 3 ft. - Parcel 071-067 - District 4 - Mills / Cooper (P) Board approval to leave the Corporate Sponsorship Plan for the Department of Parks and Recreation 'as-is' but to include the language related to naming rights - Director, Department of Parks and Recreation VIII. Public Hearings (1) Public Hearing and possible vote regarding a County-Initiated Conditional Use Permit to operate an open storage yard with 14 parking spaces on 6.527 acres associated with warehouses/offices totaling 59,000 sq. ft. with 85 parking spaces currently zoned Restricted Industrial District (M1) with the following variance(s) to: 1.) Reduce the buffer abutting Georgia Highway 400 from 40 ft. to 20 ft. (UDC 10- 1.10(A)) - Parcel 064-012 - CP210046 - District 3 - Director, Department of Planning and Community Development (2) Public Hearing and possible vote regarding the approval of a Sketch Plat for Cheer Investments, Inc. and variances to UDC Table 17.1 and UDC 21-7.5(B)(3) - Parcel 106-766 - SP210010 - District 3 - Director, Department of Planning and Community Regular Meeting/Public Hearings Page 4 February 17, 2022 Development (A Public Hearing was held at the January 20, 2022 Regular Meeting/Public Hearings; the Board voted 4-0-1 (Commissioners John, Levent, Mills, and Semanson in favor; Commissioner Cooper absent) to hold an additional Public Hearing at the February 17, 2022 Regular Meeting / Public Hearings.) (3) Public Hearing and possible vote regarding a County-Initiated variance to: 1.) Reduce the minimum lot width from 100 ft. to 90 ft. for no more than 20 lots (UDC Table 11.2 (b)) - Parcels 080-194, 080-231, 080-046, 080-086, and 080-156 - VA220006 - District 3 - Director, Department of Planning and Community Development (4) Public Hearing and possible vote regarding Jonathan Gonzalez - ZA4007 - to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Commercial Business District (CBD) with a Conditional Use Permit (CUP) for an open air business on 2 acres associated with an existing 1,036 sq. ft. building with 8 parking spaces with the following variances to: 1.) Reduce the front setback from 40 ft. to 24 ft. (UDC Table 12.2); 2.) Reduce the front landscape strip from 20 ft. to 10 ft. (UDC 21-6.5(A)(1)); and, 3.) Reduce the required number of parking spaces from 75 to 8 (UDC Table 17.1) - Parcel 017-055 - District 3 - Director, Department of Planning and Community Development (Postponed from the August 19, 2021 Agenda. At the September 2, 2021 Regular Meeting / Public Hearings, the Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to hold an additional Public Hearing on November 4, 2021; postponed from the September 2, 2021, November 4, 2021, December 2, 2021, and January 20, 2022 Agendas.) (5) Public Hearing and possible vote regarding a County-Initiated request to rezone from Single Family Community Residential District (CR1) to Single Family Residential District (RES2) Conservation Subdivision on 36.6895 acres - Parcel 081-666 - ZA4042 - District 3 - Director, Department of Planning and Community Development (At the December 16, 2021 Regular Meeting/Public Hearings, the Board voted 4- 0-1 (Commissioners Mills, John, Levent, and Semanson; Commissioner Cooper absent) to hold an additional Public Hearing for this Item at the February 17, 2022 Regular Meeting/Public Hearings.) (6) Public Hearing and possible vote regarding proposed modifications related to the Forsyth County Sign Ordinance - Planning Manager, Department of Planning and Community Development (First of two required Public Hearings) IX. Public Comments X. Old Business (1) Board consideration and authorization of a Resolution to execute documents related to the issuance of the Forsyth County Water and Sewerage Authority's Revenue Bonds - Chief Financial Officer Regular Meeting/Public Hearings Page 5 February 17, 2022 (2) Board consideration and possible adoption of a Resolution increasing Board of Commissioner compensation, to become effective January 1, 2023 - County Attorney XI. New Business (1) Eastern Orthodox Community of Northern Georgia, Inc. - CP210042 - to expand and operate a place of worship, fellowship hall, outdoor pavilion, bell tower, office, and gymnasium (10,000 sq. ft. or more) and a parochial primary school (10,000 sq. ft. or less) in buildings totaling 64,842 sq. ft. in addition to an existing 4,215 sq. ft. building with 245 total parking spaces on 15.792 acres currently zoned Agricultural District (A1) - Parcels 078-040 and 078-138 - District 1 - Director, Department of Planning and Community Development (2) Warehouse One-Cumming, L.L.C. - ZA4027 - to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 8.859 acres for an 8,000 sq. ft. office and a 50,000 sq. ft. office/warehouse with 137 parking spaces with the following variances to: 1.) Reduce the zoning buffer along the northern, eastern and western property boundaries from 60 ft. to 0 ft. (UDC Table 14.2); 2.) Increase the maximum number of parking spaces from 107 to 137 (UDC Table 17.1); and, 3.) Reduce the required number of loading spaces from 4 to 2 (UDC 17-3.3) - Parcels 099-255 and 099-014 - District 1 - Director, Department of Planning and Community Development (3) Richard Kimbral - ZA4040 - to rezone from Restricted Industrial District (M1) and Agricultural District (A1) to Restricted Industrial District (M1) on 0.95 acres with a Conditional Use Permit (CUP) for a wrecked motor vehicle compound and wrecker services with the following variance to: 1.) Reduce the zoning buffer along the northern property boundary from 40 ft. to 0 ft. (UDC Table 14.2) - Parcels 076-034 and 076-033 - District 1 - Director, Department of Planning and Community Development (4) Dinesh B. Thampi - CP210025 - to operate a kennel (dog breeding) in 750 sq. ft. of an existing 4,092 sq. ft. home with 3 parking spaces on 1.147 acres currently zoned Agricultural District (A1) with the following variances to: 1.) Reduce the side setback along the eastern property boundary adjacent to the existing structure only from 25 ft. to 20 ft. (UDC Table 15.2); and, 2.) Reduce the side buffer along the eastern property boundary adjacent to the existing structure, concrete, and retaining wall only from 25 ft. to 5 ft. (UDC Table 15.2) - Parcel 136-048 - District 2 - Director, Department of Planning and Community Development (5) Enterprise Leasing Company of Georgia, LLC - CP210037 - to operate a 1,345 sq. ft. vehicle rental establishment with 5 parking spaces on 2.6187 acres currently zoned Commercial Business District (CBD) - Parcel 140-035 - District 2 - Director, Department of Planning and Community Development (6) Absolute Bonifay Corp. - CP210040 - to operate a 1,400 sq. ft. miscellaneous service establishment (pet grooming) in an existing building with 6 parking spaces Regular Meeting/Public Hearings Page 6 February 17, 2022 on 15.61 acres currently zoned Commercial Business District (CBD) - Parcel 135- 131 - District 2 - Director, Department of Planning and Community Development (7) Maltese Family Holdings, LLLP - CP210036 - to operate a 4,028 sq. ft. used vehicle sales dealership with 8 parking spaces on 1.77 acres currently zoned Highway Business District (HB) with the following variances to: 1.) Reduce the setback for parked, stored, or displayed vehicles from the right-of-way adjacent to the existing concrete only from 10 ft. to 8 ft. (UDC 16-4.37(G)(3)) (UDC 12-10.8); 2.) Reduce the landscape strip abutting McFarland 400 Boulevard adjacent to the existing concrete only from 15 ft. to 8 ft. (UDC Table 21.6); 3.) Reduce the landscape strip abutting McFarland Parkway adjacent to the existing concrete only from 20 ft. to 8 ft. (UDC 21-6.5(A)(1)); and, 4.) Reduce the area of paved surface for display of vehicles from 1 acre (43,560 sq. ft.) to .79 acres (34,560 sq. ft.) (UDC 16- 4.37)(G)(1)) - Parcel 042-316 - District 3 - Director, Department of Planning and Community Development (8) Nail Properties, LLC - CP210039 - to operate an open storage yard on 2.40 acres currently zoned Restricted Industrial District (M1) with the following variance to: 1.) Reduce the zoning buffer along the western property boundary from 40 ft. to 0 ft. (UDC Table 14.2); 2.) Reduce the zoning setback along the southeastern property boundary adjacent to the existing detention pond only from 30 ft. to 10 ft. (UDC Table 14.2); 3.) Reduce the zoning buffer along the southeastern property boundary adjacent to the existing detention pond only from 20 ft. to 10 ft. (UDC Table 14.2); and, 4.) Reduce the front building setback from 40 ft. to 10 ft. (UDC Table 21.6) - Parcel 130-074 - District 3 - Director, Department of Planning and Community Development (9) Kelly Mill Consultants Corporation - ZA3997 - to rezone from Agricultural District (A1) and Single Family Residential Restricted District (R2R) to Single Family Residential District (RES3) on 61.02 acres for 87 residential lots with a density of 1.43 units per acre - Parcels 080-041, 080-046, 080- 086, 080-156, 080-231, 080- 194, and 080-040 - District 3 - Director, Department of Planning and Community Development (10) Henrique Trevino - ZA4019 - to rezone from Agricultural District (A1) to Restricted Industrial District (M1) on 2.541 acres for a 9,750 sq. ft. warehouse with 11 parking spaces with a Conditional Use Permit (CUP) for an open storage yard with 8 parking spaces - Parcel 021-035 - District 3 - Director, Department of Planning and Community Development (11) Toll Brothers, Inc. - ZA4038 - to rezone from Agricultural District (A1) and Commercial Business District (CBD) to Single Family Residential District (RES2) on 33.663 acres for 35 residential lots with a density of 1.04 units per acre with the following variance to: 1.) Reduce the exterior buffer abutting Castleberry Road right-of-way from 40 ft. to 0 ft. (UDC 11-9.6(J)(1)); and, 2.) Reduce the landscape strip abutting Castleberry Road right-of-way from 10 ft. to 0 ft. (UDC 11-9.6(J)(1)) - Parcels 061-005, 060-051, and 061-004 - District 3 - Director, Department of Planning and Community Development Regular Meeting/Public Hearings Page 7 February 17, 2022 (12) James R. Scienza - CP210038 - to operate a special event facility in buildings totaling 5,093 sq. ft. with 30 parking spaces on 5.18 acres currently zoned Agricultural District (A1) with the following variances to: 1.) Reduce the side buffer adjacent to the southern boundary of tax map/parcel 268- 035 from 25 ft. to 10 ft. (UDC 15-3.3(F))(UDC Table 15.2); and, 2.) Reduce the side buffer adjacent to the western boundary of tax map/parcel 268-035 from 25 ft. to 0 ft. (UDC 15- 3.3(F))(UDC Table 15.2) - Parcels 268-052, 268-058, and 268-036 - District 4 - Director, Department of Planning and Community Development (13) Yes 2 Farms LLC - CP210041 - to operate a special event facility in buildings totaling 18,267 sq. ft. with 202 parking spaces and short-term rentals in buildings totaling 5,222 sq. ft. for 10 overnight guests with 20 parking spaces on 22.625 acres currently zoned Agricultural District (A1) with the following variance to: 1.) Reduce the impervious setback from 75 ft. to 50 ft. adjacent to the existing structure only (UDC 18-11.2(B)) - Parcel 251-002 - District 4 - Director, Department of Planning and Community Development (14) Board consideration of a Resolution modifying the Board of Commissioners' Internal Rules of Procedure regarding method and/or time for collecting Public Comment forms - County Manager XII. Recess Regular Meeting XIII. Executive Session (if needed) XIV. Adjournment Chairman John recognized a quorum and called the meeting to order. Ken Jarrard, County Attorney, confirmed that Vice Chairman Cooper’s rationale for remote participation in the Regular Meeting/Public Hearings was appropriate under the Open Meetings Act. The Invocation and Pledge of Allegiance were led by Chris Grimes, Emergency Management Agency Director. ADOPTION OF AGENDA There was a motion by Commissioner Levent and a second by Commissioner Mills to allow Public Hearing, Item #3 (Public Hearing and possible vote regarding a County-Initiated variance to: 1.) Reduce the minimum lot width from 100 ft. to 90 ft. for no more than 20 lots (UDC Table 11.2 (b)) - Parcels 080-194, 080-231, 080-046, 080-086, and 080-156 - VA220006 - District 3) to be withdrawn from the Agenda. Motion carried unanimously. There was a motion by Commissioner Levent and a second by Commissioner Mills to allow Public Hearing, Item #4 (Public Hearing and possible vote regarding Jonathan Gonzalez - ZA4007 - to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Commercial Business District (CBD) with a Conditional Use Permit (CUP) for an open air business on 2 acres Regular Meeting/Public Hearings Page 8 February 17, 2022 associated with an existing 1,036 sq. ft. building with 8 parking spaces with the following variances to: 1.) Reduce the front setback from 40 ft. to 24 ft. (UDC Table 12.2); 2.) Reduce the front landscape strip from 20 ft. to 10 ft. (UDC 21-6.5(A)(1)); and, 3.) Reduce the required number of parking spaces from 75 to 8 (UDC Table 17.1) - Parcel 017-055 - District 3) to be withdrawn from the Agenda without prejudice. Motion carried unanimously. There was a motion by Commissioner Levent and a second by Commissioner Semanson to postpone Public Hearing, Item #5 (Public Hearing and possible vote regarding a County-Initiated request to rezone from Single Family Community Residential District (CR1) to Single Family Residential District (RES2) Conservation Subdivision on 36.6895 acres - Parcel 081-666 - ZA4042 - District 3) to the Regular Meeting/Public Hearings of March 17, 2022. Motion carried unanimously. There was a motion by Commissioner Levent and a second by Commissioner Mills to allow New Business, Item #10 (Henrique Trevino - ZA4019 - to rezone from Agricultural District (A1) to Restricted Industrial District (M1) on 2.541 acres for a 9,750 sq. ft. warehouse with 11 parking spaces with a Conditional Use Permit (CUP) for an open storage yard with 8 parking spaces - Parcel 021-035 - District 3) to be withdrawn from the Agenda without prejudice. Motion carried unanimously. There was a motion by Commissioner Levent and a second by Commissioner Semanson to postpone New Business, Item #11 (Toll Brothers, Inc. - ZA4038 - to rezone from Agricultural District (A1) and Commercial Business District (CBD) to Single Family Residential District (RES2) on 33.663 acres for 35 residential lots with a density of 1.04 units per acre with the following variance to: 1.) Reduce the exterior buffer abutting Castleberry Road right-of-way from 40 ft. to 0 ft. (UDC 11-9.6(J)(1)); and, 2.) Reduce the landscape strip abutting Castleberry Road right-of- way from 10 ft. to 0 ft. (UDC 11-9.6(J)(1)) - Parcels 061-005, 060-051, and 061-004 - District 3) to the Regular Meeting/Public Hearings of March 17, 2022. Motion carried unanimously. There was a motion by Commissioner Cooper and a second by Commissioner Semanson to postpone New Business, Item #2 (Warehouse One-Cumming, L.L.C. - ZA4027 - to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 8.859 acres for an 8,000 sq. ft. office and a 50,000 sq. ft. office/warehouse with 137 parking spaces with the following variances to: 1.) Reduce the zoning buffer along the northern, eastern and western property boundaries from 60 ft. to 0 ft. (UDC Table 14.2); 2.) Increase the maximum number of parking spaces from 107 to 137 (UDC Table 17.1); and, 3.) Reduce the required number of loading spaces from 4 to 2 (UDC 17-3.3) - Parcels 099-255 and 099-014 - District 1) to the Regular Meeting/Public Hearings of March 17, 2022. Motion carried unanimously. There was a motion by Commissioner Levent and a second by Commissioner Semanson to move Old Business, Item #1 (Board consideration and authorization of a Resolution to execute documents related to the issuance of the Forsyth County Water and Sewerage Authority's Revenue Bonds) to follow the Consent Agenda and prior to Public Hearings at the request of the County Attorney. Motion carried unanimously. There was a motion by Commissioner John and a second by Commissioner Semanson to postpone New Business, Item #4 (Dinesh B. Thampi - CP210025 - to operate a kennel (dog breeding) in 750 sq. ft. of an existing 4,092 sq. ft. home with 3 parking spaces on 1.147 acres currently zoned Agricultural District (A1) with the following variances to: 1.) Reduce the side Regular Meeting/Public Hearings Page 9 February 17, 2022 setback along the eastern property boundary adjacent to the existing structure only from 25 ft. to 20 ft. (UDC Table 15.2); and, 2.) Reduce the side buffer along the eastern property boundary adjacent to the existing structure, concrete, and retaining wall only from 25 ft. to 5 ft. (UDC Table 15.2) - Parcel 136-048 - District 2) to the Regular Meeting/Public Hearings of March 17, 2022. Motion carried unanimously. There was a motion by Commissioner Semanson and a second by Commissioner Mills to adopt the agenda as amended. Motion carried unanimously. UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN: Commissioner Mills recognized Ishita Raghuvanshi from South Forsyth High School and expressed that she was very happy to have her present during the meeting. Ishita was in attendance shadowing Commissioner Mills. UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD: None Vice Chairman Cooper left the meeting. UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN: (1) Regular Meeting/Public Hearings of February 3, 2022 There was a motion by Commissioner Semanson and a second by Commissioner Mills to adopt the minutes of the Regular Meeting/Public Hearings of February 3, 2022. Motion carried with four members in favor (John, Levent, Mills and Semanson) and one member absent (Cooper). Vice Chairman Cooper rejoined the meeting. (2) Work Session & Executive Session of February 8, 2022 There was a motion by Commissioner Semanson and a second by Commissioner Mills to adopt the minutes of the Work Session & Executive Session of February 8, 2022. Motion carried unanimously. UNDER CONSENT AGENDA THE FOLLOWING ACTIONS WERE TAKEN: There was a motion by Commissioner Cooper and a second by Commissioner Mills to adopt the Consent Agenda as follows: (1) Board adoption of Resolution authorizing Affidavit concerning the Executive Session of February 8, 2022 (2) Board ratification of the following items that were discussed and voted on at the Work Session held on February 8, 2022 (as anticipated by Board Rule 1.07.01): Regular Meeting/Public Hearings Page 10 February 17, 2022 (A) Board authorization for staff to apply to the Georgia Department of Agriculture / Dog and Cat Sterilization Grant Program for a grant in the amount of $60,000.00 with no match required - Director, Animal Shelter (B) Board approval to declare the list of items as surplus with authorization for the Department of Procurement to dispose of accordingly - Director, Department of Procurement (C) Board approval of a Supplemental Agreement with Atlas in the amount of $241,651.49 regarding the McGinnis Ferry Widening Project and thereby amending the original PO #20151708 by merging into one complete project instead of three sections - Director, Department of Capital Projects (D) Board approval of a Change Order (CO#006) from G.P.'s Enterprises, Inc. in the amount of $425,142.17 regarding the Ronald Reagan Boulevard Project to modify storm drainage to eliminate long, steep down drains; increase quantities for multiple materials based on actual site conditions encountered; and, credit for materials not required during bridge construction - Director, Department of Capital Projects (E) Board approval of Supplemental Agreement No. 1, PI 0016975 CR 97/CR 104/PILGRIM MILL RD FM FREEDOM PKWY TO TIDWELL PARK, between the Georgia Department of Transportation (GDOT) and Forsyth County, which adds the following Supplemental Amounts to the Project Framework Agreement (PFA): Federal Supplement Amount $281,492.00 - Federal Supplemental Amount; and, Local Participation/Match $70,373.00 - Local Participation/Match. The total Supplemental Amount is $351,865.00 - Director, Department of Capital Projects (F) Board approval of Supplemental Agreement No. 2, PI 0007526 SR 400 @ MCGINNIS FERRY RD; INC WIDENING & AUXILIARY LANES, between the Georgia Department of Transportation (GDOT) and Forsyth County, which adds the following Supplemental Amounts to the Project Framework Agreement (PFA): $458,938.00 - Federal Supplemental Amount; $115,984.00 - Local Participation/Match; $467,750.00 - additional Federal Earmark; and, $116,937.50 - Local Participation/Match (additional Federal Earmark). The total Supplemental Amount is $1,159,609.50 - Director, Department of Capital Projects (G) Board approval of a Task Order in the amount of $149,760.00 with Brown and Caldwell for On-Site Construction Services for the Laurel Springs Gravity Sanitary Sewer Replacement Project for the Department of Water and Sewer - Director, Department of Water and Sewer (H) Board approval of the Septage Receiving Program at the Fowler Water Reclamation Facility with approval of the Program's Rate Structure - Director, Department of Water and Sewer Regular Meeting/Public Hearings Page 11 February 17, 2022 (I) Board approval to award RFP 21-193-0610 to USIS, Inc. in the not to exceed amount of $35,000.00 for Workers' Compensation Third Party Claims Administrative Services in 2022 for the Department of Risk Management - Risk and Safety Manager, Department of Risk Management (J) Board approval of proposed modifications to the Employee Handbook Policy 4: Compensation Plan - Director, Department of Personnel Services (K) Board approval of proposed modifications to the Employee Handbook Policy 6: Position Placement - Director, Department of Personnel Services (L) Board approval to award RFP 21-179-3190 to Kimley-Horn and Associates, Inc. in the amount of $300,000.00 to provide all labor, materials, and equipment for The McFarland Livable Centers Initiative (LCI) Investment Feasibility Study with approval of a Budget Resolution and to increase the scope of work to include the area between McFarland Parkway, Georgia 400 and Highway 9 - Assistant County Manager (Kenney) (M) Board approval to expend SPLOST 8 funding in the not to exceed amount of $114,721.00 to extend an 8” waterline for additional fire protection and water services along Fleming Drive - County Manager (N) Board approval of a First Amended Memorandum of Understanding between Forsyth County and the Forsyth County / City of Cumming Land Bank Authority - County Manager (O) Board authorization for staff to proceed with the Public Hearing process regarding a County-Initiated variance to reduce the exterior setback from 50 ft. to 3 ft. - Parcel 071-067 - District 4 - Mills / Cooper (P) Board approval to leave the Corporate Sponsorship Plan for the Department of Parks and Recreation 'as-is' but to include the language related to naming rights - Director, Department of Parks and Recreation Motion carried unanimously. At this time, the Board considered Old Business, Item #1. UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN: (1) Board consideration and authorization of a Resolution to execute documents related to the issuance of the Forsyth County Water and Sewerage Authority's Revenue Bonds Marc Turk, Chief Financial Officer, addressed the Board and provided a PowerPoint presentation. There was a motion by Commissioner Semanson and a second by Commissioner Levent to approve the Resolution authorizing the execution of all documents related to the Regular Meeting/Public Hearings Page 12 February 17, 2022 issuance of the Forsyth County Water and Sewerage Authority's Revenue Bonds as presented by the Chief Financial Officer. Motion carried unanimously. At this time, the Board returned to Public Hearings. UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN: (1) Public Hearing and possible vote regarding a County-Initiated Conditional Use Permit to operate an open storage yard with 14 parking spaces on 6.527 acres associated with warehouses/offices totaling 59,000 sq. ft. with 85 parking spaces currently zoned Restricted Industrial District (M1) with the following variance(s) to: 1.) Reduce the buffer abutting Georgia Highway 400 from 40 ft. to 20 ft. (UDC 10- 1.10(A)) - Parcel 064-012 - CP210046 - District 3 Tom Brown, Director of Planning & Community Development, addressed the Board. Chairman John declared the Public Hearing open. Speaking in favor: Slade Gulledge Jason Sutton Vivian Vakili Speaking in opposition: None Chairman John declared the Public Hearing closed. There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the County-Initiated Conditional Use Permit to operate an open storage yard with 14 parking spaces on 6.527 acres associated with warehouses/offices totaling 59,000 sq. ft. with 85 parking spaces currently zoned Restricted Industrial District (M1) with the following variance(s) to: 1.) Reduce the buffer abutting Georgia Highway 400 from 40 ft. to 20 ft. (UDC 10-1.10(A)) - Parcel 064-012 - CP210046 – with the conditions as displayed which read as follows: 1. Building elevations shall be approved and signed off by the District Commissioner prior to issuance of the LDP. 2. Landscape Plan shall be approved and signed off by both the District Commissioner and the County Arborist prior to issuance of the LDP. 3. Outside storage shall be limited to utility trailers no longer than 30 ft. and no more than two, 42 ft. maximum lowboy trailers. Trailers shall be maintained in good aesthetic condition, meaning no rust, no dents, and no chipped paint. Motion carried unanimously. Regular Meeting/Public Hearings Page 13 February 17, 2022 (2) Public Hearing and possible vote regarding the approval of a Sketch Plat for Cheer Investments, Inc. and variances to UDC Table 17.1 and UDC 21-7.5(B)(3) - Parcel 106-766 - SP210010 - District 3 Tom Brown, Director of Planning & Community Development, addressed the Board. Chairman John declared the Public Hearing open. Speaking in favor: Jeff Walker Reed Jackson Speaking in opposition: None Chairman John declared the Public Hearing closed. There was a motion by Commissioner Levent and a second by Commissioner Mills to approve the Sketch Plat for Cheer Investments, Inc. and variances to UDC Table 17.1 and UDC 21-7.5(B)(3) - Parcel 106-766 - SP210010. Motion carried unanimously. (3) Public Hearing and possible vote regarding a County-Initiated variance to: 1.) Reduce the minimum lot width from 100 ft. to 90 ft. for no more than 20 lots (UDC Table 11.2 (b)) - Parcels 080-194, 080-231, 080-046, 080-086, and 080-156 - VA220006 - District 3 – The Board voted unanimously [during adoption of the Agenda] to withdraw this Item from the Agenda (4) Public Hearing and possible vote regarding Jonathan Gonzalez - ZA4007 - to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Commercial Business District (CBD) with a Conditional Use Permit (CUP) for an open air business on 2 acres associated with an existing 1,036 sq. ft. building with 8 parking spaces with the following variances to: 1.) Reduce the front setback from 40 ft. to 24 ft. (UDC Table 12.2); 2.) Reduce the front landscape strip from 20 ft. to 10 ft. (UDC 21-6.5(A)(1)); and, 3.) Reduce the required number of parking spaces from 75 to 8 (UDC Table 17.1) - Parcel 017-055 - District 3 - The Board voted unanimously [during adoption of the Agenda] to withdraw this Item, without prejudice, from the Agenda (5) Public Hearing and possible vote regarding a County-Initiated request to rezone from Single Family Community Residential District (CR1) to Single Family Residential District (RES2) Conservation Subdivision on 36.6895 acres - Parcel 081- 666 - ZA4042 - District 3 – Postponed [during adoption of the Agenda] to the Regular Meeting/Public Hearings of March 17, 2022 (6) Public Hearing and possible vote regarding proposed modifications related to the Forsyth County Sign Ordinance Michael Chapman, Planning Manager, addressed the Board and provided a PowerPoint presentation. Regular Meeting/Public Hearings Page 14 February 17, 2022 Chairman John declared the Public Hearing open. Speaking in favor: Kirk Wintersteen Slade Gulledge Speaking in opposition: None Chairman John declared the Public Hearing closed. This was the first of two required Public Hearings. No Board action was taken. UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD: Jim Scienza Wayne Barba UNDER OLD BUSINESS (CONTINUED) THE FOLLOWING ACTIONS WERE TAKEN: (1) Board consideration and authorization of a Resolution to execute documents related to the issuance of the Forsyth County Water and Sewerage Authority's Revenue Bonds – This item was moved prior to Public Hearings – See Page #11 for action taken (2) Board consideration and possible adoption of a Resolution increasing Board of Commissioner compensation, to become effective January 1, 2023 Ken Jarrard, County Attorney, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Semanson to adopt the Resolution increasing Board of Commissioner compensation, to become effective January 1, 2023, as described by the County Attorney. Motion carried unanimously. UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN: (1) Eastern Orthodox Community of Northern Georgia, Inc. - CP210042 - to expand and operate a place of worship, fellowship hall, outdoor pavilion, bell tower, office, and gymnasium (10,000 sq. ft. or more) and a parochial primary school (10,000 sq. ft. or less) in buildings totaling 64,842 sq. ft. in addition to an existing 4,215 sq. ft. building with 245 total parking spaces on 15.792 acres currently zoned Agricultural District (A1) - Parcels 078-040 and 078-138 - District 1 Tom Brown, Director of Planning & Community Development, addressed the Board. There was a motion by Commissioner Cooper and a second by Commissioner Levent to approve the request by Eastern Orthodox Community of Northern Georgia, Inc. - Regular Meeting/Public Hearings Page 15 February 17, 2022 CP210042 - to expand and operate a place of worship, fellowship hall, outdoor pavilion, bell tower, office, and gymnasium (10,000 sq. ft. or more) and a parochial primary school (10,000 sq. ft. or less) in buildings totaling 64,842 sq. ft. in addition to an existing 4,215 sq. ft. building with 245 total parking spaces on 15.792 acres currently zoned Agricultural District (A1) - Parcels 078-040 and 078-138 – with the conditions as displayed which read as follows: 1. Development shall be substantially in accordance with the site plan on file in the Department. 2. Development shall tie onto Forsyth County sewer system by gravity unless otherwise approved by Forsyth W&S. 3. Gravity sewer outfalls shall follow natural contours to minimize depth. 4. Sewer access must be provided to all upstream properties. 5. Any improvements to the water or sewer systems required to meet fire flow or other requirements shall be done at developer’s expense. 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. 8. Owner/Developer shall reserve right-of-way 60’ from the centerline of SR 141 (Bethelview Road) as part of site development or when needed for road improvement project as determined by Forsyth County Department of Engineering. 9. Buffer plantings will be installed within the buffer areas located south of the area of disturbance for each phase of development. Motion carried unanimously. (2) Warehouse One-Cumming, L.L.C. - ZA4027 - to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 8.859 acres for an 8,000 sq. ft. office and a 50,000 sq. ft. office/warehouse with 137 parking spaces with the following variances to: 1.) Reduce the zoning buffer along the northern, eastern and western property boundaries from 60 ft. to 0 ft. (UDC Table 14.2); 2.) Increase the maximum number of parking spaces from 107 to 137 (UDC Table 17.1); and, 3.) Reduce the required number of loading spaces from 4 to 2 (UDC 17-3.3) - Parcels 099-255 and 099-014 - District 1 – Postponed [during adoption of the Agenda] to the Regular Meeting/Public Hearings of March 17, 2022 (3) Richard Kimbral - ZA4040 - to rezone from Restricted Industrial District (M1) and Agricultural District (A1) to Restricted Industrial District (M1) on 0.95 acres with a Conditional Use Permit (CUP) for a wrecked motor vehicle compound and wrecker services with the following variance to: 1.) Reduce the zoning buffer along the Regular Meeting/Public Hearings Page 16 February 17, 2022 northern property boundary from 40 ft. to 0 ft. (UDC Table 14.2) - Parcels 076-034 and 076-033 - District 1 Tom Brown, Director of Planning & Community Development, addressed the Board. There was a motion by Commissioner Cooper and a second by Commissioner Semanson to approve the request by Richard Kimbral - ZA4040 - to rezone from Restricted Industrial District (M1) and Agricultural District (A1) to Restricted Industrial District (M1) on 0.95 acres with a Conditional Use Permit (CUP) for a wrecked motor vehicle compound and wrecker services with the following variance to: 1.) Reduce the zoning buffer along the northern property boundary from 40 ft. to 0 ft. (UDC Table 14.2) - Parcels 076-034 and 076-033. Motion carried unanimously. (4) Dinesh B. Thampi - CP210025 - to operate a kennel (dog breeding) in 750 sq. ft. of an existing 4,092 sq. ft. home with 3 parking spaces on 1.147 acres currently zoned Agricultural District (A1) with the following variances to: 1.) Reduce the side setback along the eastern property boundary adjacent to the existing structure only from 25 ft. to 20 ft. (UDC Table 15.2); and, 2.) Reduce the side buffer along the eastern property boundary adjacent to the existing structure, concrete, and retaining wall only from 25 ft. to 5 ft. (UDC Table 15.2) - Parcel 136-048 - District 2 – Postponed [during adoption of the Agenda] to the Regular Meeting/Public Hearings of March 17, 2022 (5) Enterprise Leasing Company of Georgia, LLC - CP210037 - to operate a 1,345 sq. ft. vehicle rental establishment with 5 parking spaces on 2.6187 acres currently zoned Commercial Business District (CBD) - Parcel 140-035 - District 2 Tom Brown, Director of Planning & Community Development, addressed the Board. The following conditions were displayed: 1. The existing car wash is considered an ancillary use to the vehicle rental establishment. Use of the car wash shall be limited to the washing of vehicles available for rent. 2. Vehicles available for rent shall be limited to passenger cars, vans and pickup trucks. No vehicles over 10,000 pounds gross vehicle weight shall be available for rent. There was a motion by Commissioner John and a second by Commissioner Semanson to approve the request by Enterprise Leasing Company of Georgia, LLC - CP210037 - to operate a 1,345 sq. ft. vehicle rental establishment with 5 parking spaces on 2.6187 acres currently zoned Commercial Business District (CBD) - Parcel 140-035. Motion carried unanimously. Note: See Page #17 (following Item #6) for additional action taken. (6) Absolute Bonifay Corp. - CP210040 - to operate a 1,400 sq. ft. miscellaneous service establishment (pet grooming) in an existing building with 6 parking spaces on 15.61 Regular Meeting/Public Hearings Page 17 February 17, 2022 acres currently zoned Commercial Business District (CBD) - Parcel 135-131 - District 2 Tom Brown, Director of Planning & Community Development, addressed the Board. The following condition was displayed: 1. Miscellaneous service establishment use shall be limited to pet grooming. There was a motion by Commissioner John and a second by Commissioner Semanson to approve the request by Absolute Bonifay Corp. - CP210040 - to operate a 1,400 sq. ft. miscellaneous service establishment (pet grooming) in an existing building with 6 parking spaces on 15.61 acres currently zoned Commercial Business District (CBD) - Parcel 135- 131. Motion carried unanimously. Chairman John requested a point of clarification from the County Attorney regarding the approvals of New Business, Item #5 and New Business, Item #6. Both items had conditions attached but the conditions were not specified in the motions of approval. The County Attorney confirmed that the approvals would carry the conditions with them. (7) Maltese Family Holdings, LLLP - CP210036 - to operate a 4,028 sq. ft. used vehicle sales dealership with 8 parking spaces on 1.77 acres currently zoned Highway Business District (HB) with the following variances to: 1.) Reduce the setback for parked, stored, or displayed vehicles from the right-of-way adjacent to the existing concrete only from 10 ft. to 8 ft. (UDC 16-4.37(G)(3)) (UDC 12-10.8); 2.) Reduce the landscape strip abutting McFarland 400 Boulevard adjacent to the existing concrete only from 15 ft. to 8 ft. (UDC Table 21.6); 3.) Reduce the landscape strip abutting McFarland Parkway adjacent to the existing concrete only from 20 ft. to 8 ft. (UDC 21-6.5(A)(1)); and, 4.) Reduce the area of paved surface for display of vehicles from 1 acre (43,560 sq. ft.) to .79 acres (34,560 sq. ft.) (UDC 16-4.37)(G)(1)) - Parcel 042- 316 - District 3 Tom Brown, Director of Planning & Community Development, addressed the Board. Commissioner Levent requested the Chair to allow the applicant and representing attorney to address the Board. Linda Sessler, Counselor for Maltese Family Holdings, LLLP, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Semanson to remand CP210036 to the Planning Commission. Motion carried unanimously. (8) Nail Properties, LLC - CP210039 - to operate an open storage yard on 2.40 acres currently zoned Restricted Industrial District (M1) with the following variance to: 1.) Reduce the zoning buffer along the western property boundary from 40 ft. to 0 ft. (UDC Table 14.2); 2.) Reduce the zoning setback along the southeastern property boundary adjacent to the existing detention pond only from 30 ft. to 10 ft. (UDC Table 14.2); 3.) Reduce the zoning buffer along the southeastern property boundary adjacent to the existing detention pond only from 20 ft. to 10 ft. (UDC Table 14.2); Regular Meeting/Public Hearings Page 18 February 17, 2022 and, 4.) Reduce the front building setback from 40 ft. to 10 ft. (UDC Table 21.6) - Parcel 130-074 - District 3 Tom Brown, Director of Planning & Community Development, addressed the Board. Commissioner Levent requested the Chair to allow Christopher Light to address the Board. Christopher Light, Attorney, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the request by Nail Properties, LLC - CP210039 - to operate an open storage yard on 2.40 acres currently zoned Restricted Industrial District (M1) with the variances as displayed which read as follows: 1. Reduce the zoning buffer along the western property boundary from 40 ft. to 0 ft. (UDC Table 14.2). 2. Reduce the zoning setback along the southeastern property boundary adjacent to the existing detention pond only from 30 ft. to 10 ft. (UDC Table 14.2). 3. Reduce the zoning buffer along the southeastern property boundary adjacent to the existing detention pond only from 20 ft. to 10 ft. (UDC Table 14.2). 4. Reduce the front building setback from 40 ft. to 10 ft. (UDC Table 21.6). Prior to the vote, Commissioner Levent requested David McKee, Assistant County Manager, to look at Pendley Road and GA 400. Motion carried unanimously. (9) Kelly Mill Consultants Corporation - ZA3997 - to rezone from Agricultural District (A1) and Single Family Residential Restricted District (R2R) to Single Family Residential District (RES3) on 61.02 acres for 87 residential lots with a density of 1.43 units per acre - Parcels 080-041, 080-046, 080- 086, 080-156, 080-231, 080-194, and 080-040 - District 3 Tom Brown, Director of Planning & Community Development, addressed the Board. Commissioner Levent requested the residents who had worked on the conditions to come to the front row so they could read and understand the conditions. Ethan Underwood, Attorney, addressed the Board. A copy of Exhibit “A” was displayed. Kristin Marsella addressed the Board. A photo of the fence was displayed. Regular Meeting/Public Hearings Page 19 February 17, 2022 Jim Feurst addressed the Board. Ethan Underwood, Attorney, addressed the Board regarding the location of the fence. There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the request by Kelly Mill Consultants Corporation - ZA3997 - to rezone from Agricultural District (A1) and Single Family Residential Restricted District (R2R) to Single Family Residential District (RES2) and Single Family Residential District (RES3) as described in the displayed conditions and to include Exhibit “A for the fence line, unless the fence line cannot be installed in the wet area or in the creek area, in which case the applicant shall work with the adjacent neighbors to find a mutually agreeable location on the neighbors’ property where the fence shall be installed and that the fence to be installed shall be of a kind as depicted in the photo displayed. The conditions read as follows: 1. Res2 portion of the subdivision shall include parcel numbers 080-086, 080-305, 080-156, 080-046 and 080-231 and the Res3 portion shall be parcels 080-040 and 080-041. Land Lot descriptions will separate Res2 and Res3 by Kelly Mill Road and the Comprehensive Plan Character Areas. 2. 85% of Res2 homes will be side entry with three-car garages; provided the third- car garage may face forward. All Res3 homes may be side entry or front entry and must have carriage-style garage doors. Carriage style garage doors are required on all homes; designs and styles must be approved and signed off by the District Commissioner. 3. Ranch homes will have a minimum of 2,400 heated square feet excluding basements, porches, garages, and upstairs bonus rooms. No more than 25% of ranch homes can be a minimum of 2,400 heated square feet and all other ranch homes must be a minimum of 2,800 heated square feet. Res3 two-story homes will be a minimum of 3,000 heated square feet excluding basements, porches, and garages; Res2 two-story homes will be a minimum of 3,500 heated square feet excluding basements, porches, and garages. 4. A minimum of 45% of homes must have a basement. 5. Mass grading shall not be allowed, but shall authorize street grading. Street grading will be known as clearing from a maximum of 140 ft. of center of any internal development road to accommodate the utilities and blending of the building lots. In addition, grading will be permitted to manage utility installation and storm water runoff to accommodate County, State and Federal engineering laws and standards. 6. Any improvements to the water or sewer systems required to meet fire flow or other requirements shall be done at the developer's expense. 7. Sewer access must be provided to all upstream properties. 8. There shall be a 10-foot minimum setback from all Water & Sewer Utility Easements to any building. Regular Meeting/Public Hearings Page 20 February 17, 2022 9. There shall be no trees planted within the right-of-way or in utility easements. 10. Approval of the rezoning shall not be deemed, and is not, a commitment or guarantee by Forsyth County as to the availability of sewer capacity and/or County water. Sewer capacity is not guaranteed for this property. All sewer capacity agreements must be approved by the City of Cumming Water and Sewerage Authority. 11. Owner/Developer shall dedicate right-of-way 50 feet from centerline on Kelly Mill Road plus additional right-of-way to accommodate future relocated deceleration lane on Kelly Mill Road as part of site development or when needed for road improvement project as determined by the Department of Engineering. 12. Developer will install two left turn lanes providing a left turn lane into each of the two sections of the subdivision subject to concurrence by the Forsyth County Engineering Department. 13. There shall be no less than a 50' undisturbed buffer, plus an additional 25' setback, from all stream banks. To the extent the UDC or State law impose greater buffers or setbacks next to stream banks, the greater buffer or setback shall control. 14. Final engineered plan to be approved by the District County Commissioner prior to issuance of the Land Disturbance Permit (LDP). 15. On all residential structures the architectural design shall require approval by the District Commissioner. 16. Exterior Lighting: all lighting shall be designed to integrate with the overall development character and the Unified Development Code. 17. Chain link fencing is prohibited. 18. All plant materials shall be used to enhance the existing area, particularly as viewed from an adjacent right-of-way, and to mitigate development impacts. Landscape plans shall be submitted at the time of application for a land disturbance permit to the Planning Department for design review. Landscape plans for the development shall comply with Forsyth County landscape standards but shall be approved by the district commissioner and county arborist; in addition, there shall be a minimum 3' berm along both sides of Kelly Mill Road. 19. Plant materials shall be used as accent elements at roadside entryways to provide a definite sense of arrival. These materials shall be clustered while maintaining adequate sight distance to and from the entryway. Entryway plantings shall be compatible with landscape strip species and provide a cohesive transition between landscape plantings. 20. All landscape design shall incorporate a minimum of forty percent (40%) evergreen plantings (trees, shrubs, and groundcovers). All plant material must be approved by the County Arborist. Regular Meeting/Public Hearings Page 21 February 17, 2022 21. Along the entire exterior boundary, a 25-foot undisturbed buffer will be required. 22. Notwithstanding Condition 21, there shall be a minimum 35' buffer behind a 15' landscape strip along the frontage of Kelly Mill Road. Within said 35' buffer, the developer shall install the berm referenced in Condition 18. This 35' buffer shall be planted in accordance with Forsyth County buffer standards. Within the landscape strip referenced in this condition, there shall be installed a four board style black fence that shall consist of a minimum one (1) inch thick, four (4) inch wide fence board affixed to four (4) inch posts spaced a maximum of ten (10) feet apart. The Board fences shall be a minimum of four (4) feet and a maximum of five (5) feet in height. Natural stone or brick masonry columns may be used in the fence design. Fences shall be constructed using high quality materials to ensure low repair and maintenance cost. (a) Fence materials shall be comprised of treated lumber. 23. Poured concreted retaining walls visible from public right-of-way must be faced with stone or brick. 24. Developer shall notify the Forsyth County Engineering Department and Forsyth County Engineering Department may send a representative to, the initial 7-Day Erosion Control Inspections as required by NPDES Permit. In this regard, the Developer shall make available to Forsyth County any site inspection reports as required per the Georgia NPDES permit. 25. All existing trees will be preserved with homes sharing a back property line and/or on a creek with another neighbor as long as this condition does not conflict with stormwater management laws, standards BMP's, and/or construction of any residential home(s) or amenities. This condition shall be read with reference to the accommodations in Condition 5. 26. Unless otherwise stated in this condition, the following restrictions shall apply to all of the homes in the subdivision: (a) All homes shall include, at a minimum: (i) A brick and/or stone facade on the front and two side facades, without brick on the rear facade (this option will be available only on lots that do not adjoin or front on Kelly Mill Road), OR (ii) A brick and/or stone water table on all four (4) sides of each home. All water tables shall adhere to the following minimum requirements: (a) On homes with slab elevations the water table shall cover all exposed foundations (on any facade requiring a water table) and shall be no less than eighteen (18) inches tall. Regular Meeting/Public Hearings Page 22 February 17, 2022 (b) On homes with basement elevations the water table shall be no less than the height of the first-floor band board and shall cover all exposed foundation walls on all sides of the home. (i) The roofing material used on all homes shall be architectural/dimensional style asphalt shingles or metal as appropriate to the architectural style of each home. (ii) All front yard street facing gables shall have no less than a 9 12 pitch; excluding porch roofs. (iii) All overhangs including gables and side gables will have a minimum of a twelve (12) inch overhang on all sides. 27. The following restrictions shall apply only to the fronts of all homes: (a) A minimum of forty-five percent (45%) of all homes shall have a minimum of seventy-five percent (75%) brick, stone, board and batten, and/or shake with accents not to exceed twenty-five percent (25%) of cement-based materials, such as, but not limited to, hardi-plank lap siding. (b) Up to forty-five percent (45%) of all homes may have up to fifty percent (50%) lap siding on the front facades. On all homes containing fifty percent (50%) lap siding, the overlap of such siding shall have a maximum reveal of six (6) inches. (c) Up to ten percent (10%) of all homes may contain lap siding on a majority of the front facade above the water table. On all homes containing a majority of lap siding on the front facade, the overlap of such siding shall have a maximum reveal of six (6) inches. (d) On all homes utilizing more than twenty-five percent (25%) lap siding on the front facade, said homes must include a significant covered front porch element that is appropriate to the architectural style of the home as determined by the builder. For purposes of this condition, the term "significant" shall mean a covered front porch that is at least one hundred (100) sq. ft. in size and that the area satisfying the minimum one hundred (100) square foot porch area shall be a minimum of six (6) feet deep. This condition shall not prohibit the construction of porch space with areas less than six (6) feet deep provided that such areas shall not count toward the mandatory, minimum one hundred (100) square foot porch area. 28. The following restrictions shall apply only to the sides and rear of the homes: (a) In addition to the water table requirement contained herein, the exterior materials that may be used on the sides and rear of all homes shall be limited to brick, stone, cement-based lap siding and/or shake. Regular Meeting/Public Hearings Page 23 February 17, 2022 (b) Notwithstanding the foregoing, on all homes that have sides which face public roads within the community, such as corner lots, the exterior materials that may be used on the side of said homes shall be limited to brick, stone, cement-based lap siding or shake. If lap siding is used, the overlap of such siding shall be a maximum reveal of seven (7) inches. (c) All homes will have a rear deck or patio with a minimum of 280 square feet. 29. All homes will have a minimum of two (2) 12-inch foundation and one (1) 18-inch offsets in the front and two (2) 12-inch foundation offsets in the rear to keep homes from having flat surfaces on the front and rear. The front foundation offset requirement may be satisfied by the inclusion of a covered front porch as long as it is a minimum of 100 square feet (even if the front porch is built on an attached or continuous foundation) and the rear foundation offset requirement may be satisfied by a framed offset that begins at the first floor elevation and extends to the roofline, even though such offset may not extend to the foundation on basement elevations. The District Commissioner must review and approve, by signing, the home plan to ensure that it is of aesthetic quality. 30. Developer shall provide a private access for the benefit of the residents of the Res2 portion of the subject property to the lake/pond area. No additional parking or structures will need to be added for this private access. 31. All homes will have gutters. 32. Sidewalks, a minimum of 6 feet wide shall be installed along the south side of Kelly Mill Road in front of the subdivision. Such sidewalks shall be constructed to connect to both the sidewalk north of the property owned by Lidl and to the property sidewalk north of Kelly's Walk subdivision. Developer shall also install a crosswalk from the Res2 portion to this sidewalk. 33. Regarding the RES2 area located north of Kelly Mill Road, only one lot may be located east of the existing pond and accessed from Warm Breeze Lane. This lot may only be accessed via a private driveway connected to Warm Breeze Lane. During development of and construction on this lot, there shall be a tire washing facility on the lot and all construction equipment must be parked on such lot and may not be parked on the Warm Breeze Lane ROW. 34. There shall be a Homeowners Association (HOA) with covenants, restrictions, and bylaws. 35. Notwithstanding Condition 34, if approved by the Olde Field Chase Subdivision Homeowners Association, the lot accessed from Warm Breeze Lane shall be subjected to the Declaration of Covenants for Olde Field Chase Subdivision and Architectural Standards for Olde Field Chase. If the Olde Field Chase Subdivision Homeowners Association does not approve the inclusion of the lot accessed from Regular Meeting/Public Hearings Page 24 February 17, 2022 Warm Breeze Lane into the Olde Field Chase Subdivision Homeowners Association, this lot will be subjected to the covenants required by Condition 34. (a) Developer shall have a good faith obligation to both approach and cooperate with the Olde Field Chase Subdivision Homeowners Association for purposes of securing the approval contemplated in Condition 35, and these efforts are to be concluded by no later than the date that the covenants contemplated in Condition 34 are recorded. 36. There shall be no short-term rentals and no more than 10% of the total homes can be long-term rentals. 37. 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 and District Commissioner. 38. Development shall comply with Ordinance 75, Stormwater Management in order to protect downstream properties from water quality and quantity impacts. 39. There shall be fencing to delineate property boundary lines; as shown and highlighted in Exhibit “A”. Motion carried unanimously. (10) Henrique Trevino - ZA4019 - to rezone from Agricultural District (A1) to Restricted Industrial District (M1) on 2.541 acres for a 9,750 sq. ft. warehouse with 11 parking spaces with a Conditional Use Permit (CUP) for an open storage yard with 8 parking spaces - Parcel 021-035 - District 3 – The Board voted unanimously [during adoption of the Agenda] to withdraw this Item, without prejudice, from the Agenda (11) Toll Brothers, Inc. - ZA4038 - to rezone from Agricultural District (A1) and Commercial Business District (CBD) to Single Family Residential District (RES2) on 33.663 acres for 35 residential lots with a density of 1.04 units per acre with the following variance to: 1.) Reduce the exterior buffer abutting Castleberry Road right-of-way from 40 ft. to 0 ft. (UDC 11-9.6(J)(1)); and, 2.) Reduce the landscape strip abutting Castleberry Road right-of-way from 10 ft. to 0 ft. (UDC 11-9.6(J)(1)) - Parcels 061-005, 060-051, and 061-004 – District 3 – Postponed [during adoption of the Agenda] to the Regular Meeting/Public Hearings of March 17, 2022 (12) James R. Scienza - CP210038 - to operate a special event facility in buildings totaling 5,093 sq. ft. with 30 parking spaces on 5.18 acres currently zoned Agricultural District (A1) with the following variances to: 1.) Reduce the side buffer adjacent to the southern boundary of tax map/parcel 268- 035 from 25 ft. to 10 ft. (UDC 15-3.3(F))(UDC Table 15.2); and, 2.) Reduce the side buffer adjacent to the Regular Meeting/Public Hearings Page 25 February 17, 2022 western boundary of tax map/parcel 268-035 from 25 ft. to 0 ft. (UDC 15-3.3(F))(UDC Table 15.2) - Parcels 268-052, 268-058, and 268-036 - District 4 Tom Brown, Director of Planning & Community Development, addressed the Board. John Mullin, Director of Code Compliance and Animal Services, addressed the Board at the request of Commissioner Mills. John Cunard, Director of Engineering, addressed the Board. Following discussion, Commissioner Mills and Commissioner Levent requested parking areas and stormwater drainage be added to a future Work Session agenda for discussion. There was a motion by Commissioner Mills and a second by Commissioner Levent to approve the request by James R. Scienza - CP210038 - to operate a special event facility in buildings totaling 5,093 sq. ft. with 30 parking spaces on 5.18 acres currently zoned Agricultural District (A1) - Parcels 268-052, 268-058, and 268-036 – with the variances and conditions as displayed which read as follows: VARIANCES: 1. Reduce the side buffer adjacent to the southern boundary of tax map/parcel 268- 035 from 25 ft. to 10 ft. (UDC 15-3.3(F)) (UDC Table 15.2). 2. Reduce the side buffer adjacent to the western boundary of tax map/parcel 268- 035 from 25 ft. to 0 ft. (UDC 15-3.3(F)) (UDC Table 15.2). CONDITIONS: 1. Owner/Developer shall design and construct road improvements on Burruss Mill Road and Picklesimer Road per Ordinance #101 or as required by Department of Engineering. 2. The Special Event Facility and its related activities and parking may only be conducted in the designated areas on the site plan and only on Tax Parcel 268- 036. 3. A law enforcement officer shall be retained by the special event facility to maintain law and order and to assist with traffic and parking anytime fifty (50) or more special event guests are present on the subject property. 4. All Special Event parking shall be fully contained within the gravel parking areas shown on the site plan. The unfenced gravel parking area shall be used as overflow parking only after the fenced gravel parking area is full. 5. Special Events shall be limited to between the hours of 7:00 a.m. and 9:00 p.m., excluding event preparation and clean up, on Sundays, Mondays, Tuesdays, and Wednesdays. Regular Meeting/Public Hearings Page 26 February 17, 2022 6. Special Events shall be limited to between the hours of 7:00 a.m. and 10:00 p.m., excluding event preparation and clean up, on Thursdays, Fridays, and Saturdays. 7. Amplified music and/or voices outside the special event facility building shall not exceed seventy (70) decibels as measured at the southeast property line of parcel 268-036 and shall be prohibited after 7 p.m. 8. Amplified music and/or voices inside the special event facility building shall not exceed seventy (70) decibels as measured at the southeast property line of parcel 268-036. 9. Fireworks are prohibited except for New Year's Eve, July 4th, and Memorial Day. Applicant agrees to these limitations on firework usage notwithstanding any firework allowances under State law. 10. The row of evergreens already planted along the southeast property line of parcel 268-036 shall be enhanced with planting an additional staggered row of evergreen trees measuring no less than six (6) feet in height at time of installation. 11. The Special Event Facility shall not provide overnight lodging accommodations. Motion carried unanimously. (13) Yes 2 Farms LLC - CP210041 - to operate a special event facility in buildings totaling 18,267 sq. ft. with 202 parking spaces and short-term rentals in buildings totaling 5,222 sq. ft. for 10 overnight guests with 20 parking spaces on 22.625 acres currently zoned Agricultural District (A1) with the following variance to: 1.) Reduce the impervious setback from 75 ft. to 50 ft. adjacent to the existing structure only (UDC 18-11.2(B)) - Parcel 251-002 - District 4 Tom Brown, Director of Planning & Community Development, addressed the Board. Christopher Light, Attorney, addressed the Board at the request of Commissioner Mills. There was a motion by Commissioner Mills and a second by Commissioner Cooper to approve the request by Yes 2 Farms LLC - CP210041 - to operate a special event facility in buildings totaling 18,267 sq. ft. with 202 parking spaces and short-term rentals in buildings totaling 5,222 sq. ft. for 10 overnight guests with 20 parking spaces on 22.625 acres currently zoned Agricultural District (A1) - Parcel 251-002 – with the variance and conditions as displayed except the numerical limitations in Condition #7 and Condition #8 shall refer to “vehicles” instead of “guests”. The final variance and conditions read as follows: VARIANCE: 1. Reduce the impervious setback from 75 ft. to 50 ft. adjacent to the existing structure only (UDC 18-11.2(B)). Regular Meeting/Public Hearings Page 27 February 17, 2022 CONDITIONS: 1. Owner/Developer shall design and construct road improvements on Bennett Road per Ordinance 101 or as required by the Department of Engineering. 2. The special event facility parking lot shall be right in and left out only. 3. The special event facility parking lot shall be surfaced with only pervious materials. 4. All Special Event parking shall be fully contained within the special event facility parking lot shown on the site plan. 5. Special Events held on a Monday, Tuesday, Wednesday or Thursday shall be limited to a maximum of four (4) events per month. 6. A clearly visible and legible notice shall be conspicuously posted in close proximity to all entrances to the property containing the name of the owner and local contact person, as “local contact person” is defined by Forsyth County Ordinance Sec. 22- 266(b), and a telephone number at which those parties may be reached on a 24- hour, 7 days a week, basis. This notice shall comply with the Forsyth County Sign Ordinance, but not count against the signage square footage allotment. 7. A law enforcement officer shall be retained by the special event facility to maintain law and order and to assist with traffic and parking anytime fifty (50) or more vehicles are present on the subject property. 8. Two law enforcement officers shall be retained by the special event facility to maintain law and order and to assist with traffic and parking anytime one-hundred (100) or more vehicles are present on the subject property and one of the two officers shall be dedicated to regulating traffic. 9. Special Events shall be limited to between the hours of 7:00 a.m. and 10:00 p.m., excluding event preparation and clean up, on Sundays, Mondays, Tuesdays, and Wednesdays. 10. Amplified music and/or voices outside the special event facility building shall not exceed seventy (70) decibels as measured at any property line of the subject property and shall be prohibited after 7 p.m. 11. Amplified music and/or voices inside the special event facility building shall not exceed seventy (70) decibels as measured at any property line of the subject property. th 12. Fireworks are prohibited except for New Year’s Eve, July 4 , Memorial Day, one day of Holi, and one day of Diwali; a maximum of five (5) days per year. Except for New Year’s Eve, fireworks shall be prohibited after 10:00 pm. if Forsyth County Schools will have normal classroom operations the day following the aforementioned holiday. The applicant agrees to these firework limitations notwithstanding any other allowances for firework use available under State law. Regular Meeting/Public Hearings Page 28 February 17, 2022 13. Owner shall install fencing to block guest access to areas around the lake that are within one-hundred and fifty (150) feet of or abutting lots in the Hampton Golf Village. 14. Free standing light fixtures shall be no more than 12 feet in height. Lighting shall be of the box type and situated downward and facing interior to the property as to minimize light spillage to adjacent properties. Motion carried unanimously. (14) Board consideration of a Resolution modifying the Board of Commissioners' Internal Rules of Procedure regarding method and/or time for collecting Public Comment forms Ken Jarrard, County Attorney, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Levent to approve the Resolution modifying the Board of Commissioners' Internal Rules of Procedure regarding method and/or time for collecting Public Comment forms as presented by Counsel. Motion carried unanimously. There was a motion by Commissioner Levent and a second by Commissioner Semanson to adjourn. Motion carried unanimously. ____________________________________ Clerk/Deputy Clerk of Commission The above and foregoing Minutes are hereby certified as being correct and ordered recorded. ____________________________________________ ALFRED JOHN, CHAIRMAN ____________________________________________ MOLLY COOPER, VICE CHAIRMAN ____________________________________________ TODD LEVENT, SECRETARY Regular Meeting/Public Hearings Page 29 February 17, 2022 ____________________________________________ CINDY J. MILLS, MEMBER ____________________________________________ LAURA SEMANSON, MEMBER For detailed information concerning this meeting please reference the streaming video located on the Forsyth County Web site at www.forsythco.com.