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FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING
AUGUST 25, 2009

PLANNING COMMISSION MEMBERS PRESENT:

Barry Russell, Pam Livesay, Brant Meadows, Jim Quinn and Matt Murphy

PLANNING COMMISSION MEMBERS ABSENT:

None

BOARD OF COMMISSIONER MEMBERS PRESENT:

Charles Laughinghouse, Jim Harrell, Patrick Bell, and Jim Boff

BOARD OF COMMISSIONER MEMBERS ABSENT:

Brian R. Tam

ALSO PRESENT:

Tom Brown, Assistant Director of the Department of Planning and Development, Matt Bucchin, Senior Current Planner, Teressa M. Cox, Planner II, Crystal R. Clemens, Planner Technician, Ben House, from the Water Department and Bill Powell, from the Engineering Department.

MEETING CALLED TO ORDER:

Chairman Russell called the meeting to order. The Invocation and Pledge of Allegiance were given by Chairman Russell.

REVIEW OF MEETING RULES AND PROCEDURES

Teressa Cox read the meeting rules and procedures.

UNDER ADOPTION OF MINUTES THE FOLLOWING ACTION WAS TAKEN:

There was a motion by Brant Meadows and a second by Pam Livesay to adopt the minutes of the July 28, 2009 Regular Meeting and the July 21, 2009 Work Session.

Motion carried unanimously.

UNDER ANNOUNCEMENTS THE FOLLOWING ACTIONS WERE TAKEN:

None.

UNDER ADDITIONAL REQUESTS:

None.

UNDER OLD BUSINESS THE FOLLOWING ACTION WAS TAKEN:

1. Alvero Lievano CP090005 Commission District #1

The applicant is requesting a Conditional Use Permit (CUP) for a 630 square foot detached accessory apartment on property zoned A1 on 3.285 acres. The property is located on the north side of Heardsville Road approximately 551 feet northeast of the intersection with Franklin Goldmine Road. The property address is 5261 Heardsville Road, Cumming, GA. There was a public hearing held regarding this application on July 28, 2009 wherein the decision on this application was postponed until the August 25, 2009 meeting. There was a motion by Brant Meadows and a second by Jim Quinn to send this request to the Board of Commissioners with a recommendation of APPROVAL of the Conditional Use Permit with the following conditions:

1. Entrance to detached accessory apartment shall be moved from the front of the building to the side of the building.

2. A new septic permit must be approved by the Health Department prior to issuance of Certificate of Occupancy.

Motion carried unanimously.

UNDER NEW BUSINESS THE FOLLOWING ACTION WAS TAKEN:

None

UNDER PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS THE FOLLOWING ACTION WAS TAKEN:

None

UNDER PUBLIC HEARINGS FOR HOME OCCUPATION PERMITS THE FOLLOWING ACTION WAS TAKEN:

1. Melba J. Huntley HP090002 Commission District #4

The applicant is requesting to provide hair care services within the home on property zoned A1 on 9.8 acres. This property is located at 9120 Blanton Lane, Ball Ground, GA 30107. There was a motion by Brant Meadows and a second by Pam Livesay to open the public hearing. The motion carried unanimously.

Speaking in favor:
Melba J. Huntley

Speaking in opposition:
No opposition

There was a motion by Matt Murphy and a second by Brant Meadows to close the public hearing. The motion carried unanimously. There was a motion by Matt Murphy and a second by Pam Livesay to send this request to the Board of Commissioners with a recommendation of APPROVAL of the Home Occupation Permit.

Motion carried unanimously.

UNDER PUBLIC HEARINGS FOR REZONINGS THE FOLLOWING ACTIONS WERE TAKEN:

1. Atlanta Road, LLC ZA 3474 Commission District #1

The applicant is requesting to rezone from R1/CBD to M2 (Heavy Industrial District) with a Conditional Use Permit (CUP) for a construction and demolition (C&D) landfill with 5 parking spaces on 23.39 acres. This property is located on the southeast side of Georgia Highway 400 approximately 2,268 feet southwest from the intersection of North Old Atlanta Road and Georgia Highway 400 and on the northwest side of Ronald Reagan Boulevard, approximately 1,633 feet south from the intersection of North Old Atlanta Road and Ronald Reagan Boulevard. There was a motion by Brant Meadows and a second by Pam Livesay to open the public hearing. The motion carried unanimously.

Speaking in favor:
Emory Lipscomb

Mr. Lipscomb made a statement that there was an issue with the applicants name, Atlanta Road, LLC. The applicant had reserved the name but the reservation had expired and an attorney in Smyrna, GA had formed a limited liability company and received the name. He stated that the application had been signed by Michael K. Burke, who worked for Clay Gerrell. Clay Gerrell is the principal and owner of the business. Mr. Lipscomb indicated that he did not want any misunderstanding and thought that if it was necessary he would amend the application and show Clay Gerrell as the applicant. He would postpone it for a month or correct the applicants name at the Board of Commissioners level, whatever the Planning Commission wanted him to do. It was determined by the Planning Commission that it was not necessary to postpone the public hearing.

Speaking in opposition:
Jack Gleason
Gray Smith
Nydia Tisdale
G.K. Batra
Bill Talbot

There was a motion by Brant Meadows and a second by Jim Quinn to extend the time for each side for an
additional five (5) minutes per side. Motion passed with four members in favor (Russell, Meadows, Livesay and Quinn) and one member (Murphy) opposed. There was a motion by Brant Meadows and a second by Pam Livesay to close the public hearing. The motion carried unanimously.

Brant Meadows made the following statement: Throughout the country the public has become to show a lack of confidence in the government as evidenced by some of the town hall meetings relative to health care. If we are looking for the federal government to protect us, I think we may be woefully short in that protection. I think it all starts locally and I think the reality of it is that locally it has to be controlled. I have some concerns about the failure to pay taxes and also concerns that if we do accept something of the proposal that is thought there is a considerable amount of risk and responsibility. The EPD sets forth that the applicant would be doing their own self-monitoring. In the preface of the UDC it reads in paragraph B, manage growth so as to not overburden the County infrastructure nor significantly detract from quality of life in addition in the preface it goes on to read protect and conserve the beauty and integrity of the Countys natural features and historic resources Those may just be words but they are words that somebody thought enough to actually put them on paper. There are also issues that I have in Chapter 8, particularly Section 8-5.5(F)(3) regarding considerations for decision whether or not the applicants proposal will have an adverse effect on the usability of adjacent or nearby property. I feel that it does. It also brings up the concerns about pollution of surface or subsurface water; I believe that is a concern. I believe noise, odor and visual intrusions which are also listed in the UDC in Chapter 8 also are viable concerns. Often times there is a discussion about if this is the use that was anticipated or are they being denied. The applicant at one time or at least the owners thought that it was viable for a high rise, office, medical and hotel and so, I would submit, that there are other uses that are available for the property other than a land fill.

There was a motion by Brant Meadows and a second by Barry Russell to send this request to the Board of Commissioners with a recommendation of DENIAL to rezone from R1/CBD to M2 with a Conditional Use Permit (CUP) for a construction and demolition (C&D) landfill.

Motion passed unanimously.

The Planning Commission took a five (5) minute recess and then resumed the meeting.

2. Ricky Bryan ZA3520 Commission District #4

The applicant is requesting to rezone 13.89 acres from Res2 to A1 (Agricultural District). This property is located on the north side of Burruss Road approximately 762 feet southwest of the intersection with Rolling Acres Lane. There was a motion by Pam Livesay and a second by Brant Meadows to open the public hearing. The motion carried unanimously.

Speaking in favor:
No one speaking in favor

Speaking in opposition:
No one speaking in opposition

There was a motion by Brant Meadows and a second by Jim Quinn to postpone the decision on this application until later in the meeting and to close the public hearing. Motion passed unanimously.

After the public hearing on Bethany Primitive Baptist Church, ZA3523, there was a motion by Pam Livesay and a second by Jim Quinn to reopen the public hearing. No one was present speaking in favor or in opposition to this application. There was a motion by Jim Quinn and a second by Brant Meadows to close the public hearing. The motion carried unanimously. There was a motion by Matt Murphy and a second by Brant Meadows to send this request to the Board of Commissioners with a recommendation of APPROVAL to rezone from Res2 to A1 (Agricultural District).

Motion carried unanimously.

3. Bethany Primitive Baptist Church ZA3523 Commission District #2

The applicant is requesting to rezone from Res3 to A1 (Agricultural District) with a variance to the sewer distance requirements, to construct a 12,392.77 square foot church with 102 parking spaces on 7.148 acres. This property is located on the east side of Old Atlanta Road approximately 624 feet north of the intersection with Wickingham Lane. There was a motion by Pam Livesay and a second by Brant Meadows to open the public hearing. The motion carried unanimously.

Speaking in favor:
Ethan Underwood
Chris Holdorf
Denise Butler

Speaking in opposition:
Alan Sanders

There was a motion by Pam Livesay and a second by Brant Meadows to close the public hearing. The motion carried unanimously. There was a motion by Pam Livesay and a second by Matt Murphy to send this request to the Board of Commissioners with a recommendation of APPROVAL to rezone from Res3 to A1 (Agricultural District) with a variance to the sewer distance requirements and with the following conditions:

1. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water system 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. Developer shall dedicate right of way 60 feet from the centerline on Old Atlanta Road.

3. Developer shall construct improvements on Old Atlanta Road as required by Department of Engineering based on final configuration of site plan.

4. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.

5. Garbage dumpster pickup shall be between 6:00 a.m. and 9:00 p.m., Monday through Saturday.

6. Adjacent to a residential use or residentially zoned property, a fifty-foot (50') wide buffer of shall be provided along the property lines adjacent to said use or zoning.

7. Developer shall have eighteen (18) 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 eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.

8. The church will connect to the Forsyth County Sewer System when it reaches the size of five hundred (500) members.

9. Water release from any detention facility on the subject property will be designed so as not to discharge storm waters onto tax parcel 181-031 currently owned by Christopher T. Holdorf and Lynne W. Holdorf provided this condition will not be construed to prevent the release of storm water into a stream that may naturally flow onto tax parcel 181-031.

10. A variance is granted for the sewer distance of 5000 feet to use an on-site septic system. Pursuant to the Unified Development Code, this variance expires one year from the date of approval.

Motion carried with a vote of four members in favor (Livesay, Meadows, Murphy and Quinn) and one member opposed (Russell).

UNDER ADJOURNMENT

There was a motion by Pam Livesay and a second by Brant Meadows to adjourn the meeting. The motion carried unanimously.

Adopted September 22, 2009

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Barry Russell, Chairperson

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Pam Livesay, Vice-Chairperson

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Brant Meadows, Secretary

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Matt Murphy, Member

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Jim Quinn, Member

For detailed information concerning the public hearing, please reference the streaming video located on our web site at www.forsythco.com.