5/23/2006 - Planning Commission Regular Meeting/Public Hearings

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FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING
MAY 23, 2006


PLANNING COMMISSION MEMBERS PRESENT:
Michael Gravitt, Pam Livesay, Bettina Hammond and Mary Helen McGruder

PLANNING COMMISSION MEMBERS ABSENT:
Pete Amos

BOARD OF COMMISSIONER MEMBERS PRESENT:
Jack Conway, Linda Ledbetter, Brian R. Tam, Charles Laughinghouse and David W. Richard

BOARD OF COMMISSIONER MEMBERS ABSENT:
None

ALSO PRESENT:
Tom Brown, Assistant Director of Planning and Development, Matt T. Bucchin, Senior Current Planner, Teressa M. Cox, Planner II, Crystal R. Clemens, Planner Technician, and Renee Hoge, Engineering Department

MEETING CALLED TO ORDER:
Acting Chairman Pam Livesay called the meeting to order and led the pledge of allegiance.

REVIEW OF MEETING RULES AND PROCEDURES
Teressa M. Cox, read the meeting rules and procedures.

UNDER ADOPTION OF MINUTES THE FOLLOWING ACTION WAS TAKEN:
There was a motion by Mary Helen McGruder and a second by Michael Gravitt to adopt the minutes of the April 25, 2006 Regular Meeting and the May 16, 2006 Work Session Meeting.

VOTE: Unanimous

UNDER ANNOUNCEMENTS THE FOLLOWING ACTIONS WERE TAKEN:

There was a motion by Bettina Hammond and a second by Michael Gravitt to grant the following requests:

1. The Planning Commission is postponing ZA #3139 (Marsh B. King) until the June 27, 2006 meeting due to the public notification sign not being posted.

2. At the March 28, 2006 meeting the Planning Commission tabled ZA #3158 (JB Development) until further notice from the owner’s attorney.


3. The Planning Commission is postponing ZA #3177 (Eddie Taylor) until the June 27, 2006 meeting due to staff needing additional information from the applicant.

4. At the April 25, 2006 meeting the Planning Commission postponed ZA #3190 (Burruss Mill, LLC) until the June 27, 2006 meeting.

5. At the March 28, 2006 meeting the Planning Commission postponed ZA #3192 (D. R. Horton) until the August 22, 2006 meeting.

6. The Planning Commission is postponing ZA #3206 (BKL, LLC) until the June 27, 2006 meeting due to the public notification sign not being posted.

7. The applicant has requested the postponement of ZA 3210 (Ruby Forrest, Inc.) until the June 27, 2006 meeting.

8. The applicant has requested the postponement of ZA 3213 (Jay Gibbs) until the June 27, 2006 meeting.

9. The Planning Commission is postponing ZA #3222 (Piedmont Properties) until the June 27, 2006 meeting due to the title report not being filed.

10. The Planning Commission is postponing ZA #3223 (Hurt Bridge, LLC) until the June 27, 2006 meeting due to the public notification sign not being posted.

11. The Planning Commission is postponing ZA #3224 (High Pointe Capital) until the June 27, 2006 meeting due to the public notification sign not being posted.

12. The Planning Commission is postponing ZA #3225 (Graben Development) until the June 27, 2006 meeting due to the title report not being filed.

13. The applicant has requested the postponement of ZA 3229 (Mt. Paran Properties) until the June 27, 2006 meeting.

14. The Planning Commission is postponing ZA #3241 (Fox Creek Properties & Parkland Communities) until the June 27, 2006 meeting due to the need to re-advertise this application.

15. The Planning Commission is postponing ZA #3244 (Tony E. Tate) until the June 27, 2006 meeting due to the need to re-advertise this application.

16. The Planning Commission is postponing ZA #3245 (Red Rock, LLC) until the June 27, 2006 meeting due to the need to advertise this application.

17. The Planning Commission is postponing ZA #3246 (B.T.G. Properties, LLC) until the June 27, 2006 meeting due to the title report not being filed.

Motion carried unanimously.

UNDER ADDITIONAL REQUESTS:

1. There was a motion by Planning Commission member Pam Livesay and a second by Planning Commission member Mary Helen McGruder to postpone ZA #3219 (Eduardo Arribasplate) until the June 27, 2006 meeting.

Motion carried unanimously.

2. There was a motion by Planning Commission member Pam Livesay and a second by Planning Commission member Mary Helen McGruder to postpone ZA #3247 (Marvin Barre) until the June 27, 2006 meeting.

Motion carried unanimously.

At this time Teressa M. Cox, Planner II, read the following request:

1. The applicant has requested the postponement of ZA 3213 (Jay Gibbs) until the June 27, 2006 meeting.

There was a motion by Planning Commission member Mary Helen McGruder and a second by Michael Gravitt to approve this request.

Motion carried unanimously.

UNDER OLD BUSINESS THE FOLLOWING ACTION WAS TAKEN:

1. Rose Developments, LLC ZA #3231 District #3

This request involves rezoning 1.136 acres from a Restricted Industrial District (M1) to a Commercial Business District (CBD) to allow the proposed development of retail and office space on this property. This property is located approximately 6.5 miles southwest of Cumming on the east side of Atlanta Highway (S.R. 9) approximately 600 feet southeast of the intersection with Gateway Drive, setback approximately 150 feet from the right-of-way of Atlanta Highway (S.R. 9). There was a motion by Michael Gravitt and a second by Bettina Hammond to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Mary Helen McGruder and a second by Michael Gravitt to close the Public Hearing. Motion carried unanimously. There was a motion by Pam Livesay and a second Michael Gravitt to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM M1 TO CBD WITH THE FOLLOWING CONDITIONS:

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

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

3. Developer shall dedicate right of way 60 feet from the centerline of S. R. 9.

4. Developer shall construct left turn lane to AASHTO Specifications on S. R. 9 at proposed entrance.

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

Motion carried unanimously.

UNDER NEW BUSINESS THE FOLLOWING ACTION WAS TAKEN:
None

UNDER PUBLIC HEARINGS FOR HOME OCCUPATION PERMITS THE FOLLOWING ACTION WAS TAKEN:
None

UNDER PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS THE FOLLOWING ACTIONS WERE TAKEN:

1. Marshall E. Adams C #06-004 District #5

This request involves the issuance of a Conditional Use Permit for the purpose of a one bedroom living area above a three-car garage on .80 acres currently zoned a Lake Residential District (LR). This property is located approximately 7 miles east of Cumming on the north side of Collins Point Road approximately 700 feet northeast from the intersection with Bragg Road. There was a motion by Bettina Hammond and a second by Mary Helen McGruder to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Mary Helen McGruder and a second by Bettina Hammond to close the Public Hearing. Motion carried unanimously. There was a motion by Mary Helen McGruder and a second by Michael Gravitt to send this request to the Board of Commissioners with a recommendation of APPROVAL.

Motion carried unanimously.

UNDER PUBLIC HEARINGS FOR SKETCH PLATS THE FOLLOWING ACTION WAS TAKEN:

1. Swiss Air Partners, LLC SK #04-049 District #4

This request involves a Sketch Plat for a request for a land development permit for a land disturbance on a tract of land of five (5) acres or more for the development of eight (8) lots 11.008 acres presently zoned as a Lake Residential District (LR). This property is located approximately 8.5 miles east of Cumming on the east side of Bethel Road approximately 250 feet south from the intersection with Lake Hollow Drive. There was a motion by Bettina Hammond and a second by Michael Gravitt to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Bettina Hammond and a second by Mary Helen McGruder to close the Public Hearing. There was a motion by Bettina Hammond and a second by Mary Helen McGruder to APPROVE the Sketch Plat dated May 22, 2006.

Motion carried unanimously.

UNDER PUBLIC HEARINGS FOR REZONINGS THE FOLLOWING ACTIONS WERE TAKEN:

1. A&K Development, LLC ZA #3211 Commission District #3

This request involves rezoning 39.2 acres from an Agricultural District (A1) and an Agricultural District (A2) to a Single Family Residential Three Units Per Acre District (RES3) with a variance to the stream buffer requirements and a variance to the setback requirements to allow the proposed development of single family residential homes on this property. This property is located approximately 6.1 miles west of Cumming on the east side of Hyde Road at the intersection with Hyde Drive. There was a motion by Bettina Hammond and a second by Mary Helen McGruder to open the Public Hearing. Motion carried unanimously. There was on one present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Michael Gravitt and a second by Mary Helen McGruder to close the Public Hearing. Motion carried unanimously. There was a motion by Pam Livesay and a second Michael Gravitt to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM A1 AND A2 TO RES3 WITH A VARIANCE TO THE STREAM BUFFER REQUIREMENTS, A VARIANCE TO THE SETBACK REQUIREMENTS AND WITH THE FOLLOWING CONDITIONS:

1. That the site will not be mass graded. Each house will be individually sited and graded.

2. That the variance requests be denied.

3. That the density be limited to 1.5 units per acre.

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

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

6. Developer shall dedicate right of way of 40' from centerline of Hyde Road.

7. Developer shall construct left turn lane to AASHTO Specifications on Hyde Road at proposed entrance road.

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

9. All homes shall have not less than 2,800 square feet of heated floor space exclusive of garages, basements and porches, and shall have a minimum two car enclosed garage.

10. Homes shall have fronts of brick, stone or hard coat stucco and may have accents not to exceed twenty-five percent (25%) of the front of a cementious type material such as hardi-plank. Remaining sides shall be of any of the above materials or a combination thereof. No vinyl construction materials shall be allowed on the exterior of any buildings. There shall be no exposed raw concrete foundation or retaining wall, including concrete block or poured concrete greater than ten (10) inches in height above final grade.

11. The developer shall utilize a variety of techniques to avoid the monotonous appearance of identical homes and to compliment the appearance of the adjacent Rosewood Lake subdivision. Such techniques may employ, among others, the use of differing front elevations, architectural styles, rooflines, building exteriors, setbacks or other similar techniques to provide a more pleasing appearance to the subdivision and compliment Rosewood Lake’s homes.

12. A permanent exterior setback of no less than one-hundred (100) feet shall be required along the entire common border of subject property with Rosewood Lake subdivision, including lots 23, 24, 24A, 25, 26 and 5030 Rosewood Court. No buildings or structures of any kind shall be permitted within the 100-foot exterior setback area.

13. No more than two (2) lots shall adjoin or contact the 100-foot setback line adjacent to Rosewood Lake lot #26. No more than two (2) lots shall adjoin or contact the 100-foot setback line adjacent to either side of Rosewood Lake lot #25. No more than one (1) lot shall adjoin or contact the 100-foot setback line adjacent to Rosewood Lake lot #23. Any homes on aforementioned lots that adjoin or contact the 100-foot setback line shall have not less than three-thousand (3,000) square feet of heated floor space exclusive of garages, basements and porches, and shall have a minimum two car enclosed garage.

14. A minimum twenty-five (25) foot wide undisturbed buffer shall be provided along the entire common boundary between subject property and the existing Summerwalk subdivision.

15. The existing driveway that runs along a portion of the northern border of subject property next to the existing Summerwalk subdivision may be used for limited construction traffic for no more than sixty (60) days from commencement of land disturbance. Developer shall use best reasonable efforts to limit said construction traffic on this driveway to those vehicles that have a need to cross the creek in support of initial site work and road construction. Construction traffic shall be promptly routed to development’s roadways as quickly as possible. Said existing driveway shall be permanently removed and replaced meeting requirements of the Forsyth County Buffer Standards.

16. A minimum twenty (20) foot wide mounded and planted buffer shall be provided and maintained along the entire boundary of subject property bordering Hyde Road. This buffer shall incorporate trees as well as shrubs and shall comply, at a minimum, with Forsyth County Buffer Standards.

17. A minimum seventy-five (75) foot undisturbed buffer shall be provided along the entire common boundary between the subject property and the existing Rosewood Lake subdivision. Any area not visually impervious shall be planted with only evergreen trees in accordance with the Forsyth County Buffer Standards.

18. Buffers along Rosewood Lake and Summerwalk shall be constructed and planted in the early phases of project development and shall be fully completed prior to the approval of a final plat.

19. There shall be no more than sixty-six (66) homes permitted on subject property, and all lots shall be no less than eighty (80) feet wide at the building line, with the exception of up to seven (7) lots which may be no less than seventy-five (75) feet wide at the building line to accommodate curves in the roadway.

20. The western section of subject property from Hyde Road east to Rosewood Lake subdivision and to the first (western) creek within subject property shall contain no more than thirty-one (31) homes.

21. The developer shall cause a study to be made of Rosewood Lake to determine existing turbidity levels using nephelometric turbidity units (NTU). During construction the (NTU) shall be monitored and any increase shall not exceed that allowed by the Georgia Department of Natural Resources, Environmental Protection Division, General Permit GAR 100001, which regulates the discharge of stormwater associated with construction activity.

22. The developer shall provide and install one 6-inch sewer line, to be stubbed at the common property boundaries between subject property and Rosewood Lake lot #25. This line shall tie into the active gravity sewer system to provide future sewer access to Rosewood Lake lot #25 due to topography issues, which appropriate easements as required by Forsyth County, including an easement to allow future physical connectivity to the 6” stubbed line.

23. There shall be a landscaped entrance with a monument type sign consistent with the requirements of the Forsyth County Sign Code.

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

25. Membership in a mandatory homeowners association shall be required for the maintenance of the landscaped entrance area, open space, stormwater management areas, buffers, fencing and other common areas.

26. A complete set of Covenants, Conditions, and Restrictions shall be publicly filed and permanently attached to all lots and homes in subject property. These shall include, at a minimum, the following:

 Specific architectural standards, including formation of an Architectural Control Committee
 Any outbuildings or structures shall be subject to existing minimum building setbacks within each lot and must be site-built using materials, architectural features, and colors that closely match the main home on each property.
 No cars, trucks, trailers, RVs, boats, or other vehicles are to be parked or stored behind homes, in yards, or in any other portion of the lot excluding garages or driveways.
 Exterior paint colors for all structures shall be restricted in such a way as to prevent the use of excessively bright, fluorescent, neon, or unusual colors that would be out of character with the traditional architecture and appearance of the neighborhood.
 Any roof penetrations, including pipes and vents shall be of a color that matches the roof color of the structure.
(These covenants not enforceable by Forsyth County)

27. All construction traffic including heavy equipment, trucks, and trailers for this development must travel north to GA 20 on Hyde Road. No construction traffic for this development shall be allowed to access Drew Campground Road. There shall be a “No Left Turn” sign for construction traffic erected at the exit from the subdivision onto Hyde Road.

28. This development shall be accessed by a single entrance road, either from Hyde Road or from an adjoining property. There shall be no through-street connectivity created between Hyde Road and other County roads.

Motion carried unanimously.

2. Bethany Land Company ZA #3212 Commission District #3

This request involves rezoning 13.37 acres from an Agricultural District (A1) to a Single Family Residential Three Units Per Acre District (RES3) with a variance to the setback requirements to allow the proposed use/development of single-family residential homes on this property. This property is located approximately 6.1 miles west of Cumming at the northwest intersection of Hyde Road and Hyde Drive. There was a motion by Michael Gravitt and a second by Bettina Hammond to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Michael Gravitt and a second by Mary Helen McGruder to close the Public Hearing. Motion carried unanimously. There was a motion by Pam Livesay and a second by Michael Gravitt to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM A1 TO RES3 WITH A VARIANCE TO THE SETBACK REQUIREMENTS AND WITH THE FOLLOWING CONDITIONS:

1. That the site will not be mass graded. Each house will be individually sited and graded.

2. That the required open space calculations do not include any active amenity area or stormwater management facilities.

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

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

5. Developer shall dedicate right of way of 40' from centerline of Hyde Road.

6. Developer shall construct left turn lane to AASHTO Specifications on Hyde Road at Hyde Drive.

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

8. All single story ranch-style homes shall have not less than 2,100 square feet of heated floor space exclusive of garages, basements and porches, and shall have a minimum two car enclosed garage. Two-story homes, shall have not less than 2,400 square feet of heated floor space exclusive of garages, basements and porches, and shall have a minimum two car enclosed garage.

9. Homes shall have fronts of brick or stone, and may have accents not to exceed thirty-five percent (35%) to forty percent (40%) of the front of a cementious type material such as hardi-plank or hard-coat stucco. Remaining sides shall be of any of the above materials or a combination thereof, but must have at least twenty percent (20%) brick or stone per side. No vinyl construction materials shall be allowed on the exterior of any buildings. There shall be no exposed raw concrete foundation or retaining wall, including concrete block or poured concrete. Decorative window treatments shall be provided on sides of houses to transition finishes from front to rear of structure.

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

11. All lots, including the open areas and amenities area shall be professionally landscaped on all sides and include automatic underground sprinkler irrigation systems.

12. Developer shall install a concrete sidewalk not less than three (3) feet in width on at least one side of all roads within the development.

13. The developer shall install a concrete sidewalk not less than five (5) feet in width within the right-of-way, along the total property frontage, on Hyde Road and Hyde Drive. Construction specifications and location within the right-of-way shall be coordinated with the Forsyth County coordinated with the Forsyth County Department of Engineering.

14. A minimum twenty (20) foot wide mounded and planted buffer shall be provided and maintained along the entire boundary of subject property bordering Hyde Road and Hyde Drive. This buffer shall comply with Forsyth County Buffer Standards. Mounding shall not be required in areas where it would have adverse effects on existing large trees, or existing drainage contours. Initial planted height of new landscape material for the main visually impervious rows shall be no less than five (5) to six (6) feet from finished grade at the base of the plant. Plant material shall be selected and planted such that the buffer remains visually impervious through all seasons of a year. Appropriate plant material and groundcover, including pine straw and/or mulch, shall be specified to minimize maintenance, erosion and excessive runoff. Any newly planted landscape material that dies within one (1) year of full and final completion of the development shall be promptly replaced.

15. A minimum twenty (20) foot undisturbed buffer shall be provided along the entire common boundary between subject property and the existing Hyde Park subdivision. This buffer shall comply, with Forsyth County Buffer Standards. This buffer shall be maintained as common area in such a way as to remain undisturbed and natural after initial construction. No lots, structures, playgrounds, amenities, impervious surfaces, vehicles, or equipment shall be permitted to encroach into this buffer after it is completed with the exception of providing any needed maintenance to landscape, drainage, etc. Buffer area shall be reasonably maintained with any combination of plant material, grass, groundcover, or mulch in such a way as to prevent erosion and maintain the natural appearance of the buffer area. County involvement will be limited to buffer disturbance only, and not maintenance.

16. There shall be no more than thirty-three (33) homes permitted on the subject property.

17. If detention pond fencing is required, it shall consist of black vinyl-coated chain link fence or black aluminum fence with low-maintenance exterior landscaping to facilitate blending into the natural surroundings. Fence sections shall be complete with top and bottom rails.

18. All utilities, whether public or private, must be underground.

19. This development shall be accessed by a single entrance road from Hyde Drive. There shall be no through street connectivity created between Hyde Drive and any other County roads. There shall be no direct street access between this development and Hyde Road.

20. This development’s entrance from Hyde Drive shall be in the form of a divided lane entry with accent walls, a fully landscaped entrance, and a permanent monument sign.

21. Membership in a mandatory homeowners association shall be required for the maintenance of the landscaped entrance area, open space, stormwater management areas, buffers, fencing, amenities, pool, clubhouse, irrigation systems, common areas, and all exterior landscape at each home site.

22. A complete set of Covenants, Conditions, and Restrictions shall be publicly filed and permanently attached to all lots and homes in subject property. These shall include, at a minimum, the following:

 Specific architectural standards, including formation of an Architectural Control Committee
 Any outbuildings or structures shall be subject to existing minimum building setbacks within each lot and must be site-built using materials, architectural features, and colors that closely match the main home on each property.
 No cars, trucks, trailers, RVs, boats, or other vehicles are to be parked or stored behind homes, in yards, or in any other portion of the lot excluding garages or driveways.
 Exterior paint colors for all structures shall be restricted in such a way as to prevent the use of excessively bright, fluorescent, neon, or unusual colors that would be out of character with the traditional architecture and appearance of the neighborhood.
 Any roof penetrations, including pipes and vents shall be of a color that matches the roof color of the structure.
(These covenants not enforceable by Forsyth County)

23. The site shall be posted and instructions given that all construction traffic including heavy equipment, trucks, and trailers for this development must travel north to GA 20 on Hyde Road and that no construction traffic for this development shall be allowed to access Drew Campground Road.

Motion carried unanimously.

3. Walter S. Burdett, Jr. ZA #3216 Commission District #1

This request involves rezoning 141.6 acres from an Agricultural District (A1) to a Single Family Residential Three Units Per Acre District (RES3) to allow the proposed use/development of single-family residential homes on this property. This property is located approximately 3 miles north of Cumming on the south side of Spot Road approximately 1,800 feet east of the intersection with Dr. Bramblett Road. There was a motion by Michael Gravitt and a second by Bettina Hammond to open the Public Hearing. Motion carried unanimously. There were two people present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Bettina Hammond and a second by Mary Helen McGruder to close the Public Hearing. Motion carried unanimously.

At this time, Planning Commission member Mary Helen McGruder made the following statement: “I would like to say that I am President of the Sawnee Mountain Foundation and in that capacity have worked with adjacent landowners as well as the proposed developer. Through an unfortunately set of circumstances, a portion of the mountain which has been designated for green space was sold, through no fault of the current owners, I want to be clear about that. But, it was an unintended sale and they did end up with some property that had been master planned to be part of the Sawnee Mountain Preserve. They have worked with us in an effort to make-up some of the difference of that and in doing so have agreed to donate over thirty (30) acres of land to the Sawnee Mountain Foundation or Forsyth County, that to be determined by the developer as to how they will work that out. In addition, they are setting aside the one hundred (100) foot buffer along the property line of Sawnee Mountain Preserve and paying for a fence to be constructed within county owned property. This is not, in my opinion, an ideal solution. An ideal solution would be not to have the subdivision there at all and I have spoken quite bluntly to them about that but they have made a good faith effort to work with us. I agree that it breaks my heart to see a subdivision on the side of that mountain but there comes a point when someone has purchased a piece of land and they are entitled under the current laws of the United States to use that land within a reasonable plan and I think that they have done that. So, while I don’t disagree with anything that those who have spoken in opposition have said, I think the development is within our legal parameters and with the things that they have agreed to, will be something that will hopefully not be too detrimental to the Sawnee Mountain Preserve.”

There was a motion by Michael Gravitt and a second by Bettina Hammond to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM A1 TO RES3 WITH THE FOLLOWING CONDITIONS:

1. That a 50' undisturbed perimeter buffer be maintained for the portion of the subject property that abuts the County-owned property which is to be come Phase III of the Sawnee Mountain Preserve.

2. That perimeter buffer adjacent to the established residential subdivisions be maintained as a 25' undisturbed buffer.

3. That the site will not be mass graded. Each house will be individually sited and graded.

4. All open space areas will remain undisturbed.

5. Developer shall dedicate right of way of 50' from centerline of Spot Road.

6. Developer shall construct left turn lanes to AASHTO Specifications on Spot Road at proposed entrances.

7. Developer to pay pro rata share of intersection improvements and signalization at Spot Road/Doc Bramblett Road intersection.

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

9. Homes shall have not less than 2,800 square feet of heated floor space exclusive of garages, basements and porches.

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

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

12. There shall be a landscaped entrance with a monument type sign consistent with the requirements of the Forsyth County Sign Code.

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

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

15. A six (6) foot high berm shall be erected for approximately two hundred (200) feet in the subdivision as mutually agreed by the developer and the owner of tax parcel 124-015.

16. There shall be a four (4) foot high hog wire fence along the east side of tax map 124-015 to prevent people from coming onto the owner’s property and getting into the lake.

17. Except as provided in Condition No. 1, there shall be a one hundred (100) foot undisturbed buffer along the common boundary line of the subject property and the Sawnee Mountain Preserve.

18. The developer shall dedicate to the Sawnee Mountain Preserve all of the property south of the parallel line located one hundred (100) feet south of the southern most lot line depicted on the site plan dated May 4, 2006 on file with the Forsyth County Planning Department. The land located within the one hundred (100) foot parallel shall have a fifty (50) foot undisturbed buffer along the boundary of the property to be dedicated to Sawnee Mountain Preserve. Except for the purpose of defining the boundary of the portion of the subject property to dedicated to the Sawnee Mountain Preserve, this condition shall not be construed to constitute a site plan specific zoning.

19. The developer shall contribute to Forsyth County funds an amount not to exceed $50,000 to be applied to the cost of constructing a three (3)-strand wire fence. This fence shall be located on the Sawnee Mountain Preserve and run along the common boundary line of the subject property and the Sawnee Mountain Preserve. This fence will be constructed and maintained by Forsyth County.

20. The subject property will be developed with no more than two hundred fourteen (214) units. Each deed will contain notice that the adjoining property is owned by Forsyth County as the Sawnee Mountain Preserve and shall be accessed only by county owned trail facilities.

Motion carried with three members (Livesay, Hammond and Gravitt) in favor and one in opposition (McGruder).

4. Post Road Properties, LLC-FC ZA #3226 Commission District #4

This request involves rezoning 61.06 acres from an Agricultural District (A1) and Lake Residential District (LR) to a Single Family Residential Two Units Per Acre District (RES2) to allow the proposed use/development of single-family residential homes on this property. This property is located approximately 11 miles northeast of Cumming on the east side of Waldrip Road approximately 1,000 feet north of the intersection with Jensen Trail. There was a motion by Michael Gravitt and a second by Mary Helen McGruder to open the Public Hearing. Motion carried unanimously. There were three people present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Mary Helen McGruder and a second by Michael Gravitt to close the Public Hearing. Motion carried unanimously. There was a motion by Bettina Hammond and a second by Mary Helen McGruder to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM A1 AND LR TO RES2 WITH THE FOLLOWING CONDITIONS:

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

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

3. Developer shall dedicate right of way of 40' from centerline of Waldrip Road.

4. Developer shall construct left turn lane to AASHTO Specifications on Waldrip Road at proposed entrance.

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

6. Developer shall have nine (9) months from the date of zoning approval to apply for the initial Land Disturbance Permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within nine (9) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with those County development standards in existence at the time of LDP application submittal.

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

8. Prior to the sale of any lots in the subdivision, the developer of the subject property will cause a declaration of covenants, conditions, easements, and restrictions for the subdivision to be recorded in the Office of the Clerk of the Superior Court of Forsyth County, Georgia. The declaration will contain a prominent legend on the first page thereof directing attention to a provision in the declaration which shall read as follows: “The real property subject to this declaration adjoins a tract of land upon which is designated as ‘a working farm’ which may intermittently emit offensive odors and noises.” Copies of the declaration will be available at the on site sales office for the subdivision.

9. If road widening is required as part of the project, such as the addition of a left turn lane or deceleration lane, any necessary water main relocation (as determined by Forsyth County) will be done at the developer’s expense.

10. The developer shall install a six (6) foot tall woven wire fence along the southern property line and directly adjacent to the existing chicken houses of Troy Milford.

11. The location of the amenities area shall not be located within the front one-third (1/3) area of the development running east from Waldrip Road.

12. The developer shall respect the boundaries of adjacent property owners.

13. The developer shall install a six (6) foot green chain link fence starting from Waldrip Road separating Mr. Stan Mooney’s yard from the subdivision in an easterly direction for a distance of two hundred ten feet (210’).

14. The developer shall install a six (6) foot tall woven wire fence along the property line of Marshall Millwood.

Motion carried unanimously.

5. Charles and Marjorie Mann Charitable ZA #3234 Commission District #2
Foundation, Inc.

This request involves rezoning 3.30 acres from an Agricultural District (A1) to a Commercial Business District (CBD) with a variance to the buffer requirements and a variance to the setback requirements to allow the proposed use/development of hospice and future Alzheimer’s facility or assisted living on this property. This property is located approximately 5 miles southwest of Cumming on the north side of Majors Road approximately 2,200 feet west from the intersection with Peachtree Parkway (S.R. 141). There was a motion by Michael Gravitt and a second by Mary Helen McGruder to open the Public Hearing. Motion carried unanimously. Elliott Smith spoke in favor of the request and withdrew the request for a variance to the setback requirements. There was no one present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Michael Gravitt and a second by Bettina Hammond to close the Public Hearing. Motion carried unanimously. There was a motion by Michael Gravitt and a second by Mary Helen McGruder to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM A1 TO CBD WITH A VARIANCE TO THE BUFFER REQUIREMENTS AND WITH THE FOLLOWING CONDITIONS:

1. Developed as a Hospice and future Alzheimer Facility, any changes in site plan or use of this property will require Board of Commissioners approval.

2. The buildings and grounds for the Hospice shall have an architectural design, which is suited for a residential area. A rendering of the building and surrounding grounds shall be approved by Planning and Development prior to the issuance of any Land Disturbance activities. Any future buildings shall follow the same procedure.

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

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

5. Developer shall dedicate right of way on Majors Road as per Moreland Altobelli road widening project.

6. Developer shall construct left turn lane to AASHTO Specifications on Majors Road at proposed entrance.

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

8. If road widening is required as part of the project, such as addition of a left turn lane or deceleration lane, any water main relocation (as determined by Forsyth County) will be done at the developer’s expense.

9. The subject property shall be limited to use as a hospice and/or assisted living.

10. If assisted living or hospice is not the use the zoning will revert to a neighborhood shopping use.

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

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

13. The architectural and landscape design for the site shall be residential in nature.

14. The District Commissioner shall approve final site plan.

Motion carried unanimously.

6. Yost Communities ZA #3237 Commission District #2

This request involves rezoning 9.63 acres from an Agricultural District (A1) to a Single Family Residential Four Units Per Acre District (RES4) to allow the proposed use/development of single-family residential homes on this property. This property is located approximately 8 miles south of Cumming on the south side of Mathis Air Park Road approximately 2,100 feet west of the intersection with Mathis Airport Road. There was a motion by Bettina Hammond and a second by Michael Gravitt to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Michael Gravitt and a second by Bettina Hammond to close the Public Hearing. Motion carried unanimously. There was a motion by Pam Livesay and a second by Mary Helen McGruder to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM A1 TO RES4 WITH THE FOLLOWING CONDITIONS:

1. The open space behind lots 1, 2 and 3 shall have pedestrian access points and shall remain approximately as shown by the rezoning sketch dated May 2, 2006.

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

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

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

5. Homes shall have not less than 1800 sq. ft. of heated floor space exclusive of garages, basements and porches.

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

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

8. There shall be a landscaped entrance with a monument type sign consistent with the requirements of the Forsyth County Sign Code.

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

10. Developer shall have nine (9) months from the date of zoning approval to apply for the initial Land Disturbance Permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within nine (9) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with those County development standards in existence at the time of LDP application submittal.

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

12. There shall be no access to the subject property from Mathis Air Park Road or the sixty (60) foot access easement known as Air Park Court. The only access shall be through the Avington subdivision.

13. Before commencement of any construction on the subject property and before any sales occur of the property being developed as Avington, the subdivision developer will record restrictive covenants which will encumber the subject property, and benefit Exhibit A in form and substance reasonably satisfactory to the owner(s) of the airport property, to provide that each purchase of the subject property in the subdivision, whether the original purchaser from the developer of any subsequent purchaser, acknowledges that certain property (the “Airport Development”), as more particularly described in Exhibit A, is located to the south of the subject property, and agrees that the Airport Development may from time to time include, without limitation, an activity used airport, with single engine, multi-engine, and turbine aircraft landing and taking off, that such aircraft may emit noise, fixed and blinking lights, pollution, shadows and other factors consistent with aircraft landing, taking off and generally utilizing an airport during the day and night. Such emissions may affect the purchaser’s lot within the subdivision located on the property, and such purchaser shall have no rights to object to the emissions and to use of the Airport Development as an airport.

14. A six (6) foot high wooden privacy fence shall be installed starting at the common boundary with Tom Delcampo running north along the exterior boundary line through the common boundary line with Propheter. The existing board fence along the open space may be used if the developer installs a wire screen on the fence to keep children from crawling through the fence.
15. The common boundary between the subject property and the Delcampo property, more particularly described as the approximately one hundred ten (110) feet of common boundary starting below the Delcampo house at the existing tree line up to above the Delcampo house at the existing Leyland Cypress trees, shall have the following: 1.) A four (4) foot high earthen berm. 2.) Two (2) rows of Leyland Cypress trees. These rows shall be planted on the berm. The trees on each row shall be twelve (12) feet apart. The two (2) rows shall be staggered and the rows shall be four (4) feet apart. All trees shall be at least fifteen (15) feet tall.
16. Developer agrees not to add any additional property from the Mathis Air Park to the Avington subdivision in the future.
17. Prior to the issuance of a final plat, developer shall quitclaim all interest in the Mathis Airpark Road that runs in front of the open space to the current owner directly across from the open space.
18. Developer shall install a row of six (6) foot tall Leyland Cypress or Cryptomeria trees along the open space that abuts Mathis Airpark Road. The trees shall be staggered every seven (7) to nine (9) feet apart and located in the open space behind the fence.
19. Developer shall install a row of six (6) foot tall Leyland Cypress or Cryptomeria trees along the open space directly behind lots one and two. The trees shall be staggered every seven (7) to nine (9) feet apart.
20. Developer shall install a row of six (6) foot tall Leyland Cypress of Cryptomeria trees along the common boundary with the Propheter property. The trees shall be staggered every seven (7) to nine (9) feet apart.
21. Exterior street lighting shall be of the box type and situated so that light is directed downward. Streetlights shall be designed to minimize light spillage to no more than one (1) foot candle of light along the boundary of the property.
22. Developer shall install caution signs every one hundred (100) feet along the open space abutting Mathis Air Park Road. Signs shall be placed facing the open space to warn residents of aircraft traffic.
23. In addition to what is already stated, the final subdivision plat, covenants, warranty deeds, and zoning conditions shall carry the following bold legend: ALL LOT PURCHASERS ARE HEREBY ALERTED TO THE FACT THAT IN THE IMMEDIATE VICINITY IS LOCATED A PARCEL OF LAND ZONED BY A SPECIAL USE PERMIT AND MORE PARTICULARLY IDENTIFIED AS MATHIS AIRPORT AND AIR PARK. IT IS FURTHER UNDERSTOOD THAT THIS REZONING SHALL NOT PREJUDICE THE ABILITY OF MATHIS AIRPORT OR AIR PARK TO FUNCTION AS A COMMERCIAL ENTITY AND AIR PARK RESPECTIVELY. THE RIGHT OF WAYS IN AIR PARK ARE PRIVATE AND USED FOR THE TAXI OF AIRCRAFT, I.E., AIR PARK ROAD AND A SIXTY (60) FOOT RIGHT OF WAY EASEMENT KNOWN AS AIR PARK COURT.
Motion carried unanimously.




7. Mt. Paran Properties, Inc. ZA #3238 Commission District #5

This request involves rezoning 12.7 acres from an Agricultural District (A1) to a Single Family Residential Four Units Per Acre District (RES4) to allow the proposed use/development of single-family residential homes on this property. This property is located approximately 5 miles south of Cumming on the north side of Gilbert Road approximately 1,200 feet east of the intersection with Old Atlanta Road. There was a motion by Michael Gravitt and a second by Bettina Hammond to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Michael Gravitt and a second by Bettina Hammond to close the Public Hearing. Motion carried unanimously. There was a motion by Mary Helen McGruder and a second by Michael Gravitt to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM A1 TO RES4 WITH THE FOLLOWING CONDITIONS:

1. This development shall have a density of 2.51 units per acre.

2. The front exterior of all homes shall be of brick, stone, or hard coat stucco with accents not to exceed twenty percent (20%) of cementious material, such as hardi-plank or cedar shakes. The remaining sides shall be of brick, stone, hard coat stucco or a cementious material such as hardi plank or a combination thereof.

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

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

5. Developer shall dedicate right of way of 30' from centerline of Gilbert Road and additional right of way required for decel lane on Gilbert Road.

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

7. Homes shall have not less than 1,800 sq. ft. of heated floor space exclusive of garages, basements and porches.

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

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

10. There shall be a landscaped entrance with a monument type sign consistent with the requirements of the Forsyth County Sign Code.

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

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

13. The developer understands that a use is ongoing in proximity to his existing or proposed use, which may produce odors, noise, dust, and other affects which may not be compatible with the developer’s development. Nevertheless, understanding the affects of proximate agricultural uses the developer agrees to waive any objection to those affects and understands that this zoning is being processed in reliance on his agreement not to bring any action asserting that the proximate landowners, whose property use is agricultural, so long as the agricultural use does not change appreciably. The developer or seller of lots adjacent to the property of Edsel Orr shall notify all residents and/or purchasers, in writing, prior to signing a sales contract, that they are in proximity to a working farm, agricultural area or hay fields which may produce dust, smell, noise or traffic. Developer agrees to a fifty (50) foot buffer along the property line of Edsel Orr.

Motion carried unanimously.

8. Mt. Paran Properties, Inc. ZA #3239 Commission District #5

This request involves rezoning 39.021 acres from an Agricultural District (A1) to a Single Family Residential Four Units Per Acre District (RES4) to allow the proposed use/development of single-family residential homes on this property. This property is located approximately 5 miles south of Cumming in the southeast corner of Old Atlanta Road and Gilbert Roads intersection. There was a motion by Michael Gravitt and a second by Bettina Hammond to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Michael Gravitt and a second by Mary Helen McGruder to close the Public Hearing. Motion carried unanimously. There was a motion by Mary Helen McGruder and a second by Michael Gravitt to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM A1 TO RES4 WITH THE FOLLOWING CONDITIONS:

1. This development shall have a density of 2.56 units per acre.

2. The front exterior of all homes shall be of brick, stone, or hard coat stucco with accents not to exceed twenty percent (20%) of cementious material, such as hardi-plank or cedar shakes. The remaining sides shall be of brick, stone, hard coat stucco or a cementious material such as hardi plank or a combination thereof.

3. All trees greater than 2 inches in diameter shall remain with the exception of those necessary to remove for the installation of utilities.

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

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

6. Developer shall dedicate right of way of 50' from centerline of Old Atlanta Road.

7. Developer shall dedicate right of way of 30' from centerline of Gilbert Road and additional right of way required for decel lane on Gilbert Road.

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

9. Homes shall have not less than 1,800 sq. ft. of heated floor space exclusive of garages, basements and porches.

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

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

12. There shall be a landscaped entrance with a monument type sign consistent with the requirements of the Forsyth County Sign Code.

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

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

15. The developer understands that a use is ongoing in proximity to his existing or proposed use, which may produce odors, noise, dust, and other affects which may not be compatible with the developer’s development. Nevertheless, understanding the affects of proximate agricultural uses the developer agrees to waive any objection to those affects and understands that this zoning is being processed in reliance on his agreement not to bring any action asserting that the proximate landowners, whose property use is agricultural, so long as the agricultural use does not change appreciably. The developer or seller of lots adjacent to the property of Edsel Orr shall notify all residents and/or purchasers, in writing, prior to signing a sales contract, that they are in proximity to a working farm, agricultural area or hay fields which may produce dust, smell, noise or traffic.

Motion carried unanimously.

9. Riverbrooke Capital Partners ZA #3240 Commission District #2

This request involves rezoning 19.05 acres from an Agricultural District (A1) and a Neighborhood Shopping District (NS) to a Single Family Residential Three Units Per Acre District (RES3) to allow the proposed use/development of a single-family residential subdivision on this property. This property is located approximately 7 miles south of Cumming on the north side of James Burgess Road approximately 300 feet southwest from the intersection with Keystone Drive. There was a motion by Michael Gravitt and a second by Bettina Hammond to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Michael Gravitt and a second by Mary Helen McGruder to close the Public Hearing. Motion carried unanimously. There was a motion by Pam Livesay and a second by Mary Helen McGruder to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM A1 AND NS TO RES3 WITH THE FOLLOWING CONDITIONS:

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

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

3. Developer shall dedicate right of way of 40' from centerline of James Burgess Road.

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

5. Homes shall have not less than 2200 sq. ft. of heated floor space exclusive of garages, basements and porches.

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

7. Exteriors of homes shall be constructed of a minimum of three (3) sides brick, stone, stucco or a combination thereof with accents of not more than twenty-five percent (25%) of a cement based material such as hardi-plank, cedar, or architectural shingles or a combination thereof. The remaining exterior sides may be constructed of brick, stone, stucco, a cement based material such as hardi-plank, or a combination thereof with accents of not more than twenty-five percent (25%) of a cement based material such as hardi-plank, cedar, or architectural shingles. There shall be not vinyl siding in the development.

8. If the subject property is not accessed through the adjacent Turnberry subdivision, there shall be a landscaped entrance with a monument type sign consistent with the requirements of the Forsyth County Sign Code.

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

10. Developer shall have nine (9) months from the date of zoning approval to apply for the initial Land Disturbance Permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within nine (9) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with those County development standards in existence at the time of LDP application submittal.

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

12. There shall be an exterior buffer of twenty-five feet (25’) within the fifty-foot (50’) setback in accordance with Forsyth County Buffer Standards.

Motion carried unanimously.

10. Southers Circle Holdings, LLC ZA #3242 Commission District #2

This request involves rezoning 9.222 acres from an Agricultural District (A1) to a Single Family Residential Three Units Per Acre District (RES3) to allow the proposed use/development of a single-family residential subdivision on this property. This property is located approximately 9 miles south of Cumming on the north side of Southers Circle approximately 375 feet east of the intersection with Southers Plantation Lane. There was a motion by Michael Gravitt and a second by Bettina Hammond to open the Public Hearing. Motion carried unanimously. There was no one present at the Public Hearing held on May 23, 2006 speaking in opposition to this request. There was a motion by Michael Gravitt and a second by Mary Helen McGruder to close the Public Hearing. Motion carried unanimously. There was a motion by Pam Livesay and a second by Mary Helen McGruder to send this request to the Board of Commissioners with a recommendation of APPROVAL OF THE ZONING FROM A1 TO RES3 WITH THE FOLLOWING CONDITIONS:

1. Cul-de-sac shall not cross creek to minimize the disturbance of state waters.

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

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

4. Developer shall dedicate right of way of 30' from centerline of Southers Circle and additional right of way as necessary for decel lane.

5. Developer shall construct a decel lane on Southers Circle at Homecrest Drive.

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

7. The site plan shall be conditioned to a density to 1.95 units per acre for a maximum of eighteen (18) homes.

8. Homes shall have not less than 2300 sq. ft. of heated floor space exclusive of garages, basements and porches.

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

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

11. The final configuration of the site plan shall be as approved by the District Commissioner.

Motion carried unanimously.

UNDER ADJOURNMENT
There was a motion by Mary Helen McGruder to adjourn the meeting. Michael Gravitt seconded the motion and it carried unanimously.
Adopted June 27, 2006


_____________________________________
Pam Livesay, Vice-Chairperson


_____________________________________
Michael Gravitt, Secretary


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Bettina Hammond, Member


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Mary Helen McGruder, Member


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