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FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARING
SEPTEMBER 17, 2009

On Thursday, September 17, 2009 at 5:01 p.m., in the Commissioners Meeting Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Regular Meeting/Public Hearing with the following persons present: Charles Laughinghouse Chairman, Jim Harrell Vice Chairman, Patrick B. Bell Secretary, Brian R. Tam Member, Jim Boff Member, Doug Derrer County Manager, Ken Jarrard County Attorney and Sonya Bush Clerk.

AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, SEPTEMBER 17, 2009 @ 5:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
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) Work Session and Executive Session of August 25, 2009.

(2) Regular Meeting/Public Hearings and Executive Session of September 3, 2009.

(3) Work Session of September 8, 2009.

VII. Consent Agenda:

(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of August 25, 2009 and September 3, 2009.

(2) Adoption of Proclamation proclaiming the month of September, 2009 as Ovarian Cancer Awareness Month in Forsyth County Chairman Laughinghouse.

(3) The following items were previously discussed and unanimously approved at a Work Session held on September 8, 2009:

(A) Approval of Nutrition Program Contract for FY 2010 between The Legacy Link, Inc. and Forsyth County Director of Senior Services.

(B) Approval to declare one (1) 800 gallon fuel truck as surplus for resale into the used vehicle market Director of Fleet Maintenance.

(C) Acceptance of Bid 09-40-1500 for Natural Gas Service Procurement Director.

(D) Acceptance of Bid 09-31-1620 to remove and replace driveways/parking lots at Fire Stations 14 and 15 Procurement Director.

(E) Approval of contract with Hussey, Gay, Bell & Deyoung for architectural services for Fire Station 7 Procurement Director.

(F) Acceptance of Bid 09-41-1620 for construction of the Crime Lab for the Sheriffs Office Procurement Director.

(G) Acceptance of RFP 09-26-5212 for Master Plan of Wallace Tatum Property Procurement Director.

(H) Approval of Summary Change Order for the Big Creek Trail Phase 1 Procurement Director.

(I) Approval of Summary Change Order for the Big Creek Trail Phases 2 and 3 Procurement Director.

(J) Rejection of Bid 09-01-3150 for the construction of the James Burgess Sidewalk Procurement Director.

(K) Award of RFP 09-24-3150 for the Transportation Up-date Procurement Director.

(L) Authorization to proceed with solicitation of RFPs for Program Management Services for the Engineering Department Procurement Director.

(M) Approval of Work Detail Agreement in the amount of $39,500 with the Georgia Department of Corrections for the period of July 1, 2009 through June 30, 2010 Director of Engineering.

(N) Authorization to allow North American Properties to transfer excess sewer capacity to a developer across Peachtree Parkway Director of Water & Sewer.

VIII. Public Hearing:

(1) Request by Dusty Gerrell (formerly Atlanta Road, LLC) to rezone from R1/CBD to M2 with a Conditional Use Permit for the purpose of a C & D Landfill ZA3474 District #1 Director of Planning & Development.

IX. Old Business:

(1) Rezoning request: (Director of Planning & Development)

(A) Paces Battle Properties, ZA3411, A1 to MPD with variances to buffer and impervious setback requirements District #3.
(Postponed from 07/16/09, 08/20/09 and 09/03/09 Agendas).

X. New Business:

(1) Rezoning requests: (Director of Planning & Development)

(A) Melba J. Huntley, HP090002, issuance of a Home Occupation Permit for the purpose of providing hair care services on property currently zoned A1 District #4.

(B) Alvero Lievano, CP090005, issuance of a Conditional Use Permit for the purpose of a 630 square foot detached accessory apartment on property currently zoned A1 District #1.

(C) Ricky Bryan, ZA3520, RES2 to A1 District #4.

(D) Bethany Primitive Baptist Church, ZA3523, RES3 to A1 with a variance to sewer distance requirements District #2.

(2) Request approval of Site Plan and Accessory Use for Good Shepherd Catholic Church for a pavilion District #5 Director of Planning & Development.

(3) Request approval of proposed contract with the Public Finance Management (PFM) Group to provide financial advisory services to the county for future bond issues Chief Financial Officer.
(Previously discussed at 09/03/09 Work Session).

(4) Appointment/reappointment of member to the Zoning Board of Appeals for District #1 - (the term of John Mobley has expired) County Manager.

XI. Recess Regular Meeting

XII. Executive Session if Needed

XIII. Signature of Approved Documents

XIV. Adjournment

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

The Invocation and Pledge of Allegiance were given by Chairman Laughinghouse.

ADOPTION OF AGENDA

CONSENT AGENDA

There was a motion by Commissioner Bell and a second by Commissioner Tam to remove Consent Agenda, Item 3J (Rejection of Bid 09-01-3150 for the construction of the James Burgess Sidewalk) and to place this item on the Work Session agenda of September 22, 2009. Motion carried unanimously.

PUBLIC HEARING

There was a motion by Commissioner Laughinghouse and a second by Commissioner Harrell to table Public Hearing, Item 1 (Request by Dusty Gerrell (formerly Atlanta Road, LLC) to rezone from R1/CBD to M2 with a Conditional Use Permit for the purpose of a C & D Landfill ZA3474). Motion carried unanimously. Chairman Laughinghouse announced that at a meeting approximately 30 days from today he will be moving to take this item off of the table to bring it to a Public Hearing and a vote before the Board.

NEW BUSINESS

There was a motion by Commissioner Laughinghouse and a second by Commissioner Boff to add as an emergency item New Business, Item #5 (Appointment of a Democratic nominee to the Board of Registrations & Elections) at the request of the County Attorney. Motion failed due to lack of a super-majority vote with three members in favor (Laughinghouse, Bell and Tam) and two members in opposition (Harrell and Boff).

There was a motion by Commissioner Tam and a second by Commissioner Bell to postpone New Business, Item #3 (Request approval of proposed contract with the Public Finance Management (PFM) Group to provide financial advisory services to the county for future bond issues) to the next available Work Session for further discussion. Motion carried unanimously.

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

UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:

Chairman Laughinghouse recognized several members from Boy Scout Troop 3740 who were in attendance.

Chairman Laughinghouse read and presented to Phyllis Shultz a Proclamation proclaiming the month of September, 2009 as Ovarian Cancer Awareness Month in Forsyth County.

UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:

Bud Lang
Tony DeMaria
Stuart Teague
Pamela Battin
Jonathan Weintraub
Nydia Tisdale
G.K. Batra

UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:

Work Session & Executive Session of August 25, 2009

There was a motion by Commissioner Harrell and a second by Commissioner Boff to adopt the minutes of the Work Session & Executive Session of August 25, 2009. Motion carried unanimously.

Regular Meeting/Public Hearings & Executive Session of September 3, 2009

There was a motion by Commissioner Harrell and a second by Commissioner Boff to adopt the minutes of the Regular Meeting/Public Hearings & Executive Session of September 3, 2009. Motion carried unanimously.

Work Session of September 8, 2009

There was a motion by Commissioner Harrell and a second by Commissioner Boff to adopt the minutes of the Work Session of September 8, 2009. Motion carried unanimously.

CONSENT AGENDA

There was a motion by Commissioner Harrell and a second by Commissioner Boff to approve the Consent Agenda as follows:

The adoption of Resolutions authorizing Affidavits concerning Executive Sessions of August 25, 2009 and September 3, 2009.

The adoption of Proclamation proclaiming the month of September, 2009 as Ovarian Cancer Awareness Month in Forsyth County.

The following items were previously discussed and unanimously approved at a Work Session held on September 8, 2009:

(A) Approval of Nutrition Program Contract for FY 2010 between The Legacy Link, Inc. and Forsyth County Director of Senior Services.

(B) Approval to declare one (1) 800 gallon fuel truck as surplus for resale into the used vehicle market Director of Fleet Maintenance.

(C) Acceptance of Bid 09-40-1500 for Natural Gas Service Procurement Director.

(D) Acceptance of Bid 09-31-1620 to remove and replace driveways/parking lots at Fire Stations 14 and 15 Procurement Director.

(E) Approval of contract with Hussey, Gay, Bell & Deyoung for architectural services for Fire Station 7 Procurement Director.

(F) Acceptance of Bid 09-41-1620 for construction of the Crime Lab for the Sheriffs Office Procurement Director.

(G) Acceptance of RFP 09-26-5212 for Master Plan of Wallace Tatum Property Procurement Director.

(H) Approval of Summary Change Order for the Big Creek Trail Phase 1 Procurement Director.

(I) Approval of Summary Change Order for the Big Creek Trail Phases 2 and 3 Procurement Director.

(J) Award of RFP 09-24-3150 for the Transportation Up-date Procurement Director.

(K) Authorization to proceed with solicitation of RFPs for Program Management Services for the Engineering Department Procurement Director.

(L) Approval of Work Detail Agreement in the amount of $39,500 with the Georgia Department of Corrections for the period of July 1, 2009 through June 30, 2010 Procurement Director.

(M) Authorization to allow North American Properties to transfer excess sewer capacity to a developer across Peachtree Parkway Director of Water & Sewer Director of Water & Sewer.

Motion carried unanimously.

UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

Paces Battle Properties, ZA3411, A1 to MPD with variances to buffer and impervious setback requirements District #3

There was a motion by Commissioner Harrell and a second by Commissioner Bell to approve the rezoning request by Paces Battle Properties, ZA3411, A1 to MPD with variances to buffer and impervious setback requirements with the conditions as displayed which read as follows:

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. 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.

3. Approval of this 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 Forsyth County Board of Commissioners.

4. The development shall be served by public sewer and will tie into the existing sewer system by gravity for the majority of its flow. Smaller basin pump stations may be allowed if deemed necessary by the Water and Sewer Department, phase out and maintenance fees would be applicable. Sewer access must be provided to all upstream properties.

5. Developer shall install a water main along Majors Road, from Georgia Highway 9 to Castleberry Road unless proven unnecessary by modeling the system and proving that the development will not negatively impact surrounding areas, in which case the approximate 1800 foot middle section of Majors Road may be exempted. Line sizes shall be as required to serve the development, but not less than eight (8) inches in diameter. Development shall be served by water from all three (3) adjoining roads, providing a looped system for better fire flows.

6. Developer shall submit a water and sewer master plan to Forsyth County for the development, prior to the issuance of the first LDP for the project.

7. Developer shall dedicate right of way 60 feet from centerline on State Route 9 as required by the Department of Engineering or right of way as may be recommended by the Georgia Department of Transportation.

8. Developer shall dedicate right of way 40 feet from centerline on Majors Road or as required for proposed road improvements per the Department of Engineering.

9. Developer shall dedicate right of way 40 feet from centerline on Castleberry Road and an additional 10 feet of right of way will be reserved and platted as a utility/construction easement at the time of development for future use and shall be dedicated to Forsyth County if requested for future improvements.

10. Developer shall construct improvements as per Attachment A of the GRTA Notice of Decision for DRI # 1962.

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

12. A variance is granted concurrent with this rezoning request to allow encroachment into the buffer and impervious surface setback for approximately 1,000 lineal feet of a stream located in the commercial portion of the development as identified on the site plan attached hereto as Exhibit A.

13. There shall be a landscaped entrance with a monument type sign consistent with the requirements of the Forsyth County Sign Code. Entrance and sign shall be permitted, constructed and completed before the approval of the final plat and/or as-built.

14. Exterior lighting fixtures shall be not closer than five (5) feet of the perimeter of a parking lot.

15. Garbage dumpster pickup shall be between 8:00 a.m. and 7:00 p.m., Monday through Saturday. There shall be no garbage dumpster pickup on Sunday.

16. Developer shall have thirty-six (36) months from the date of rezoning 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 thirty-six (36) 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.

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

18. The developer agrees to utilize re-use/gray water for irrigation purposes where feasible.

19. Contingent upon obtaining all necessary easements free of charge from the property owners in the Hampton Forest subdivision, the developer agrees to pay for and construct a berm, supplemented with plantings, along those portions of the Hampton Forest subdivision which front on Majors Road and which are directly across Majors Road from the Subject Property.

20. Contingent upon approval of Forsyth County, all entrances on Castleberry Road shall be right-in/right-out.

21. Developer shall provide pedestrian access to the walking trails for tax parcel number 083-007. Further, Developer shall install an eight (8) foot high privacy fence with gate along the parcels common rear property line and along the parcels side property line (without gate), and two (2) rows of under-canopy tree planting along the common rear property line pursuant to existing landscape guidelines of Forsyth County and a landscape plan to be mutually agreed upon, with such approval not to be unreasonably withheld. Developer shall also install a safety mirror for driveways to 7070 and 7074 Majors Road along with a Hidden Driveway sign on Majors Road. Developer agrees to reimburse the owners of 7070 and 7074 Majors Road for any damages incurred with respect to blasting or other development activities specific to the Venable Hall project. Developer will restrict lighting to full cutoff fixtures within 500 feet of this parcels property line.

22. Developer shall install a five (5) foot high privacy fence along the common rear property line with tax parcel number 083-003, along with a Hidden Driveway sign on Majors Road. Developer will restrict lighting to downward pointing full cutoff fixtures within 500 feet of this parcels property line, and will not construct any vertical structures within eighty (80) feet of this parcels property line, excluding the privacy fence itself. Developer shall not back up water onto tax parcel number 083-003 because we will conform to the Forsyth County Storm Water Manual. Planting along adjoining property lines shall be planted to meet the Forsyth County landscape standards with the use of Cryptomeria instead of Leyland Cypress.

23. Development shall be served by either public or private roads designed and constructed in accordance with Forsyth County Standards and Specifications.

24. Subsequent to completion of any improvements required by Forsyth County to the Forsyth County water & sewer systems and to any rights-of-way, Developer may, but shall not be obligated to, install and maintain at its own expense, supplemental street lighting, decorative landscaping, landscape irrigation systems, and signage (the "Supplemental Improvements") within the Highway 9 right-of-way. Developer shall obtain all required development permits prior to commencing any such installations, and otherwise comply with pertinent Forsyth County codes. In no event shall the Supplemental Improvements interfere with or damage any of the improvements and upgrades installed by Forsyth County. Developer shall cooperate with Forsyth County to integrate the designs of any required infrastructure improvements, if any, and the Supplemental Improvements.

25. Front facades greater than one hundred (100) feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least two percent (2%) of the length of the facade. No uninterrupted length of any facade shall exceed two hundred (200) horizontal feet.

26. Minimum Wall Articulation. Front facade design shall provide varying wall offsets and other architectural features to create horizontal (wall) and vertical building articulation. Along with the wall plane requirements, at least one (1) of the following treatments shall be incorporated: a change in texture or color, change in pattern or material, or an equivalent element that subdivides the wall into pedestrian scale proportions.

27. Exterior building materials on all commercial development shall consist of a minimum of seventy percent (70%) per vertical wall plane of brick, natural or pre-cast stone, and/or glass. If multiple establishments are contained within one (1) contiguous structure, the percentage pertains to the entire facade rather than individual facade fronts.

28. Accent wall materials on all commercial development shall not exceed thirty percent (30%) per vertical wall plane. Accent building materials include, but are not limited to, exterior finish insulation systems (EIFS), stucco, and painted dimension wood. If multiple establishments are contained within one (1) contiguous structure, the percentage pertains to the entire facade rather than individual facade fronts. Smooth and/or rib faced concrete masonry units, aluminum siding, vinyl siding, and corrugated steel are prohibited.

29. The principle entry area of a building shall be articulated and should express greater architectural detail than other portions of the building. Entries shall include at least one (1) of the following or similar architectural elements:

(a) Overhangs;
(b) Canopies;
(c) Recesses/projections;
(d) Columns;
(e) Arcades;
(f) Corniced parapets over the door;
(g) Peaked roof forms;
(h) Arches;
(i) Glass entry;
(j) Integral planters or wing walls that incorporate landscaped areas and/or places for sitting.

30. Freestanding accessory structures shall have architectural detailing and design elements consistent with the primary buildings of the development complex to provide a cohesive design.

31. Burglar bars, fiberglass awnings, and exterior steel-roll down curtains are prohibited except at the structures rear. Burglar bars are prohibited on the rear if visible from a public street. Burglar bars are also prohibited on the rear of an outparcel building if visible from the main structure.

32. All exterior painted surfaces on commercial structures visible from the public right-of way shall be painted in neutrals and earth tones. Neutrals refer to blacks, whites, beiges or grays while earth tones refer to browns, greens, ambers, sienna, terracotta and brick tones. Fluorescent colors and those bright in intensity are prohibited. Glass, natural stones, and sign faces are excluded from the color requirements.

33. Exterior Lighting. All lighting shall be designed to integrate with the overall development character.

34. Lighting shall be architecturally integrated with neutral or earth tone colors.

35. Lighting shall be unobtrusive and refrain from adverse impact of adjacent properties. See UDC 16-4.21 for fixture type and light spillage.

36. Exposed neon and fluorescent lighting is not permitted except for open and closed signs. Fluorescent lighting used for internally lit signage or interior ceiling lighting is permitted.

37. For drive-under canopies, the luminaries shall be recessed into the canopy ceiling so that the bottom of the luminaries does not extend below the ceiling.

38. Promotional beacons, search lights, laser source lights, strobe lights or any similar light when projected above the horizon, and lighting used for causing sky glow to attract attention in excess of the lighting used to provide safety, security and utility are prohibited.

39. Accessory site features including, but not limited to, meters, meter boxes, electrical transformers, and other equipment located on the ground shall be screened from view from public rights-of-way or residential uses by placement behind the main building, sixty percent (60%) opaque fencing, berm, or a vegetative screen planted according to County buffer standards.

40. Flat roofs, roof mounted equipment and other accessories shall be screened from view from the public rights-of-way or residential uses by a parapet, gable roof, roof screen, or other architectural feature. Roof equipment and roof screens shall be finished to match the roof or parapet wall. When the relationship between building roofs and adjoining public streets or residential developments make screening of roof equipment impossible (e.g. road higher than roof), a parapet of no less than four (4) feet in height shall be installed.

41. Except at outparcels, loading areas shall be screened from the public rights-of-way or residential uses by placement behind the main building or appropriately scaled wall or the use of landscape buffer that is no less than five (5) feet in height.

42. Walls or fences, required or otherwise, when visible from the public right-of-way shall complement the exterior materials of the primary structure on site. Tarps and banner signs shall not be attached to fencing material.

43. Chain link fencing is prohibited along Georgia Highway 9, Majors Road, and Castleberry Road. Chain link fencing may be allowed along the sides and rear of property fronting Georgia Highway 9 if it is screened with evergreen trees, shrubs, or decorative fencing for the full length and height of the fence.

44. 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. The conditions pertaining to landscaping are considered to be in addition to the requirements of Ordinance No. 98 (Tree Protection and Replacement Ordinance) and shall be implemented by Developer.

45. Plant materials shall be selected to blend in form, texture, and scale with the design scheme proposed for the site.

46. Plant materials shall be used as accent elements at roadside entryways to provide a definite sense of arrival to both commercial and residential
properties. 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.

47. All landscape design shall incorporate a minimum of forty percent (40%) evergreen plantings (trees, shrubs, and groundcovers). All landscape design shall also incorporate a minimum of fifty percent (50%) native plant material. Such plant material must be indigenous to the Southeastern U. S. and be approved by the County arborist.

48. Continuous plantings within fifteen (15) foot wide landscape strips along the entire property fronting Georgia Highway 9, Majors Road and Castleberry Road are required.

49. Commercial building facades shall be landscaped with trees and tree grate protection devices or other suitable tree protection measures; method of tree protection shall be indicated on plans. Tree placement may be grouped and staggered rather than following a regulated line along the faade. Minimum installation requires 3.0 caliper inches per fifty (50) linear feet for buildings fewer than 40,000 square feet. See UDC 12-11.5 for installation requirements if structure is 40,000 square feet or greater.

50. All landscape strips and landscape areas along Georgia Highway 9, Majors Road and Castleberry Road are required to contain a combination of at least two (2) of the following elements to provide a minimum of three (3) levels of scale: vegetative ground cover, herbaceous ornamentals, and low to mid-level shrubs in addition to large canopy trees. Trees shall count towards the tree density requirements as outlined in Ordinance No. 98 (Tree Protection and Replacement Ordinance).

51. All parking areas along Georgia Highway 9 and Majors Road shall be screened with evergreen shrubs, with such shrubs being no less than three (3) feet in height as measured from the top of curb of the parking areas and spaced no farther apart than fifteen (15) feet apart on center.

52. Retaining walls, if necessary, must be faced with stone or brick.

53. Pedestrian connections and walkways shall be provided throughout the commercial and mixed use sections of the project.

54. Commercial buildings shall provide organized circulation for pedestrians with a clear walkway, no less than five (5) feet in width, from the public sidewalk or right-of-way to main entrances of all principal buildings on the site. At a minimum, walkways shall connect focal points of pedestrian activity such as, but not limited to, street crossings, transit stops, building and store entry points.

55. All internal pedestrian walkways shall be distinguished from driving surfaces through the use of color or a discernable pattern and durable, low maintenance surface materials such as pavers, bricks, or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkways.

56. Sidewalks, no less than five (5) feet in width, shall be provided along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas.

57. Commercial establishments shall design drive-through facilities to minimize vehicular/pedestrian conflicts.

58. Commercial establishments shall provide bike racks, benches and/or other street furniture to encourage alternative transportation use.

59. During any time a retail building exceeding 40,000 square feet is vacant after its initial opening (a Vacant Retail Building) for a period of at least ninety (90) days (Vacancy Period), the owner of the building shall:

(a) Maintain all on-site parking areas and landscaping in the same condition as they had been maintained prior to the vacancy;

(b) Operate all lighting in the parking lot and other external areas, exclusive of identification signs, in the same manner as they had been prior to the vacancy period;

(c) Remove all outdoor identification signs from the site;

(d) Keep the building free of graffiti and repair all other acts of vandalism; and

(e) If any individual retail establishment is 75,000 square feet or greater, the owner shall provide security patrols on the site to deter vandalism or other illegal activities on the property.

60. The owner of a retail building exceeding 40,000 square feet, regardless of the buildings occupancy status, shall be responsible for:

(a) Maintaining cleanliness of entire site by removing any trash, rubbish, or other debris from the premises;

(b) Maintaining landscaping and replacing dead or damaged plants; and

(c) Repair or replace building elements that are damaged, dilapidated or in disrepair (such as, but not limited to, broken windows).

61. Should the owner of a Vacant Retail Building fail to maintain the building and premises during the Vacancy Period in accordance with this condition, the owner shall be subject to citation by the appropriate County Code Enforcement Office and shall be subject to the maximum fine permitted for ordinance violations for each such violation.

62. If an individual retail establishment 75,000 square feet or greater (Establishment) is vacated, the owner and/or lessee (the Owner) shall submit a written adaptive reuse and marketing plan (a Reuse Plan) to the planning director no later than the end of the twenty-fifth (25th) consecutive month of vacancy, unless events or circumstances beyond the Owners control prevent the submittal of the Reuse Plan. The Reuse Plan shall include the reason(s) for the continued vacancy, potential use types for the vacant Retail Establishment, a marketing plan to be executed for the facility and a schedule for the implementation of the marketing plan (a Schedule). The Owner shall execute the Reuse Plan in accordance with the Schedule, unless events or circumstances beyond the Owners control prevent adherence to the Schedule. If the Establishment remains vacant for twelve (12) consecutive months after the Reuse Plans submittal date, the Owner shall provide the planning director with annual written status reports regarding its plans to redevelop and/or reuse the property and the reason(s) for the propertys continuing vacancy.

63. Maximum building height (number of stories) shall be no more than six (6) stories and no greater than seventy-five (75) feet tall above grade.

64. The following uses are prohibited on the subject property:

(a) Convenience stores, with or without gasoline pumps;
(b) Gas stations;
(c) Adult novelty stores;
(d) Adult entertainment centers;
(e) Pawn Shops;
(f) Tattoo Parlors;
(g) Bars, Lounges, or Nightclubs provided this shall not preclude a hotel or restaurant from having a bar.

65. Developer shall notify the Forsyth County Engineering Department of, and Forsyth County Engineering Department may send a representative to, the initial 7-Day Erosion Control Inspection as required by NPDES Permit. In this regard, the Developer shall provide Forsyth County with any site inspection reports and provide periodic (monthly) site inspections of the development.

66. Any hotel developed on the subject property shall be, at minimum, of the following quality level: (i) a select service facility offered by Intercontinental, Marriott, or Hilton, or (ii) a hotel of comparable type and quality. For purposes of this condition, a select service facility shall be defined as a hotel that offers at least eighteen (18) of the following:

(1) Bell desk;
(2) Upscale gift shop;
(3) Swimming pool with food served poolside;
(4) Hot tub;
(5) Steam room;
(6) Exercise room with state-of-the-art equipment and lockers;
(7) At least one upscale, full service restaurant and a lounge;
(8) Large guest rooms with upscale or designer furniture and dcor;
(9) Excellent bed linens;
(10) Comforters with duvet covers;
(11) Closet with wood hangers;
(12) Luggage racks;
(13) Oversized desk;
(14) TV in a closed armoire;
(15) Mini bar;
(16) Iron and ironing board;
(17) Marble or higher-grade tile bathrooms;
(18) Upgraded shower heads;
(19) Plush towels;
(20) Free-standing hair dryer;
(21) Makeup mirror;
(22) Five-piece amenity set (shampoo, body lotion, etc.);
(23) High-speed Internet access;
(24) Service elevators for staff;
(25) Valet laundry.

If the select service facility is also an extended stay hotel, it shall be designed for guests staying for periods of time longer than a few nights, and must include 120 guest rooms, with at least thirty percent (30%) of the rooms being suites. While the foregoing represents the minimum level of quality the Developer envisions a level of quality similar to the hotel at Chateau Elan subject to a hotel market and feasibility study.

67. There shall be no mass grading of the development.

68. No more than two hundred (200) residential dwelling units may be constructed on the subject property prior to developer obtaining certificates of occupancy for not less than one hundred thousand (100,000) square feet of commercial and or office space. The remaining units shall be permitted only after the issuance of certificate(s) of occupancy for an additional one hundred thousand (100,000) square feet of commercial and or office space.

69. There shall be no apartments on the development.

70. The intent of this condition is to insure that the impact of the traffic from the development on vehicular traffic service levels along Georgia Highway 9, Majors Road and Castleberry Road that adjoin this development are maintained or improved (but in no event degraded to a lower level of service) from the date of the initial traffic study through build-out of the development. In order to accomplish this objective, the development shall be built out in phases as set forth below.

Phase 1

The developer may only obtain building permits for those sections or portions of sections of the development that account for 50% or less of the projected gross trips according to the DRI, table 2 on page 5.

When the construction in phase 1 is completed (i.e., CO issued) and at least 50% occupied, a Professional Traffic Operations Engineer will perform a traffic study utilizing the same parameters and testing methodology as were used in conducting the traffic study on file as part of ZA3411.

Phase 2

Building permits will only be issued for additional sections or partial sections of the development, including any outparcels, if the vehicular traffic service level of the adjoining roads due to such additional build out will be maintained or improved (but in no event degraded to a lower level of service). The decision of whether to allow any additional build out over and above that allowed in Phase 1 will be made by the Director of Planning and Development in consultation with the Board of Commissioners, and will be based on the most current traffic study, the DRI dated March 2009, occupancy level, and the net projected trips generated by the proposed section or partial sections to be built. In making such decision, the Directors sole criteria shall be whether any additional build out will reduce the level of service of the studied intersections at Castleberry Road and Majors Road, Castleberry Road and Highway 9, and Majors Road and Highway 9 below the level that existed at the time of the initial traffic study. If so, no additional build out will be permitted until improvements to the adjoining roads deemed necessary by the traffic study to maintain or improve the level of service has been funded.

If the Georgia Highway 9 widening project is let and construction is commenced along the Subject Property, the developer will be allowed to build the balance of this development.

Any decision making authority granted to the Planning and Development Director under this condition shall be subject to review in accord with UDC Section 8-7.2.

71. The Developer will implement architectural styles that are sensitive to, and consistent with, architectural elements within the surrounding community with respect to equestrian elements.

72. Developer will screen HVAC units on all four (4) sides.

73. As phases of the project are submitted for building permits developer shall be required to convey, donate, protect, deed restrict, or covenant, as applicable, any open space, buffers, green space, conservation areas, right of way, sewer easements, common amenities or other features as is required by the UDC, pertinent county codes, or these zoning conditions no later than twelve (12) months from the date of issuance of a building permit for such phase unless the ordinance, regulation, or condition requiring such action expressly requires a different period for performance.

Motion carried with three members in favor (Harrell, Bell and Tam) and two members in opposition (Laughinghouse and Boff).

UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

Melba J. Huntley, HP090002, issuance of a Home Occupation Permit for the purpose of providing hair care services on property currently zoned A1 District #4

There was a motion by Commissioner Bell and a second by Commissioner Harrell to approve the request by Melba J. Huntley, HP090002, issuance of a Home Occupation Permit for the purpose of providing hair care services on property currently zoned A1. Motion carried unanimously.

Alvero Lievano, CP090005, issuance of a Conditional Use Permit for the purpose of a 630 square foot detached accessory apartment on property currently zoned A1 District #1

There was a motion by Commissioner Laughinghouse and a second by Commissioner Boff to approve the request by Alvero Lievano, CP090005, issuance of a Conditional Use Permit for the purpose of a 630 square foot detached accessory apartment on property currently zoned A1 with the conditions as displayed which read as follows:

1. Entrance to the detached accessory apartment shall be on 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.

Ricky Bryan, ZA3520, RES2 to A1 District #4

There was a motion by Commissioner Bell and a second by Commissioner Harrell to approve the rezoning request by Ricky Bryan, ZA3520, RES2 to A1. Motion carried unanimously.

Bethany Primitive Baptist Church, ZA3523, RES3 to A1 with a variance to sewer distance requirements District #2

There was a motion by Commissioner Tam and a second by Commissioner Bell to approve the rezoning request by Bethany Primitive Baptist Church, ZA3523, RES3 to A1 with a variance to sewer distance requirements with the conditions as displayed which read as follows:

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.

11. The church will connect to the Forsyth County Sewer System if a daycare or day school is operated on the subject property.

Motion carried unanimously.

Request approval of Site Plan and Accessory Use for Good Shepherd Catholic Church for a pavilion District #5

There was a motion by Commissioner Boff and a second by Commissioner Bell to approve the Site Plan and Accessory Use for Good Shepherd Catholic Church for a pavilion. Motion carried unanimously.

Appointment/reappointment of member to the Zoning Board of Appeals for District #1 (the term of John Mobley has expired)

There was a motion by Commissioner Laughinghouse and a second by Commissioner Harrell to reappoint John Mobley as a member to the Zoning Board of Appeals for District #1. Motion carried unanimously.

There was a motion by Commissioner Harrell and a second by Commissioner Boff to adjourn. Motion carried unanimously.

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Clerk/Deputy Clerk of Commission

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

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CHARLES LAUGHINGHOUSE, CHAIRMAN

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JIM HARRELL, VICE CHAIRMAN

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PATRICK B. BELL, SECRETARY

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BRIAN R. TAM, MEMBER

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JIM BOFF, MEMBER