PLANNING COMMISSION PUBLIC HEARING ON 8/25/20 · acres currently zoned Agricultural District (A1). Variance None. PROPERTY LOCATION The property is located at 785 and 795 Brannon

PLANNING COMMISSION PUBLIC HEARING ON 11/17/20

BOARD OF COMMISSIONER’S ZONING DECISION ON 12/17/20

AT 6:30 P.M. COMMISSIONERS MEETING ROOM

Suite 220, 2nd Floor

FORSYTH COUNTY DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT 110 E. Main Street, Suite 100

Cumming, GA 30040 http://www.forsythco.com

(770) 781-2115

Planning Commission Meeting - 11/17/2020 CONDITIONAL USE PERMIT CP200014 - QuikTrip Corporation Commissioner District: 2

PROJECT SUMMARY Applicant is requesting to build a 4,993 sq. ft. convenience store with gas pumps with 50 parking spaces conducting around the clock business on 9.99 acres currently zoned Restricted Industrial District (M1).

PROPERTY LOCATION The property is located at 4000 and 4010 McGinnis Ferry Road, Alpharetta, GA 30005.

CP200022 - Dhanraj Projects LLC Commissioner District: 3

PROJECT SUMMARY Applicant is requesting to build a 7,500 sq. ft. car wash with 15 parking spaces on 2.17 acres currently zoned Commercial Business District (CBD).

PROPERTY LOCATION The property is located at 5605 Atlanta Highway. The property is also located east of Atlanta Highway, immediately across its intersection with Shirlee Industrial Way and immediately west of property known as 5635 Atlanta Highway, Alpharetta, GA 30004.

REZONING ZA3819 - 260356 - Liu Investment Partners, LLLP Commissioner District: 3

PROJECT SUMMARY Applicant is requesting to rezone from Commercial Business District (CBD), Office and Institutional District (O&I) and Single Family Residential District (R1) to Master Planned District (MPD) on 18.534 acres for 67 attached residential units with a density of 3.62 units per acre and proposed commercial buildings totaling 43,975 sq. ft. with 233 parking spaces.

PROPERTY LOCATION The property is located at 100 McFarland Parkway. The property is also located east of Atlanta Highway at the northern side of its intersection with Martin Drive and approximately 640 ft. south of the intersection with McFarland Parkway. Additionally, the property is located south of McFarland Parkway approximately 475 ft. west of the intersection with St. Claire Drive and immediately west of property known as 175 Martin Drive, Alpharetta, GA 30004.

ZA3976 - Southern Yankee Capital, LLC Commissioner District: 3

PROJECT SUMMARY Applicant is requesting to rezone from Agricultural District (A1) to Single Family Residential District (RES2) on 4.237 acres for 6 residential lots with a density of 1.42 units per acre.

PROPERTY LOCATION The property is located west of Majors Road approximately 1,050 ft. southeast of the intersection with Kent Place. The property is also located immediately south of property known as 7020 Majors Road, Cumming, GA 30040.

ZA3977 - Jonathan Simon and Rebecca Gerstenlauer PROJECT SUMMARY Applicant is requesting to rezone from Lake Residential District (LR) to Agricultural District (A1) on 9.98 acres with a Conditional Use Permit (CUP) for a 700 sq. ft. commercial horse stable with 3 parking spaces.

Commissioner District: 4

PROPERTY LOCATION The property is located at 8315 Pleasant Grove Circle, Gainesville, GA 30506. The property is also located immediately west of property known as 8330 Lynn Drive, Gainesville, GA 30506.

http://www.forsythco.com/

ZA3981 - COR Properties L.L.C. Commissioner District: 4

PROJECT SUMMARY Applicant is requesting to rezone from Agricultural District (A1) to Commercial Business District (CBD) on 10.623 acres for commercial buildings with drive-through facilities totaling 7,696 sq. ft. with 41 parking spaces with Conditional Use Permits (CUP) for a 4,000 sq. ft. convenience store with gas pumps with 18 parking spaces conducting around the clock business and a 75,000 sq. ft. climate controlled self- service storage building with 16 parking spaces.

PROPERTY LOCATION The property is located northwest of Georgia Highway 400 at the intersection with Martin Road. The property is also located immediately east of property known as 3790 Settingdown Road, Cumming, GA 30028.

OLD BUSINESS

REZONING

ZA3976

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NOTES & REFERENCES:

1.

PLAT BOOK 20 PAGE 4

2.

PLAT BOOK 20 PAGE 252

3.

PLAT BOOK 150 PAGES 1-30

4.

PLAT BOOK 163 PAGE 192

5.

DEED BOOK 266 PAGE 146

6.

DEED BOOK 5280 PAGES 178-179

7.

DEED BOOK 8833 PAGES 695-696

FORSYTH COUNTY RECORDS.

N 05°30'38"E240.00'

S 22°3

4'58"E

193.35

'

S 80°56'05"W

679.06'

LL

409

LL

410

MAJORS

ROAD

(60' R

/W)(AS

PH VAR

IES)

(PROP.

80' R

/W)

N 65°36'37"E

540.44'

1

2

3

4

5

6

REZONING NOTES:

1.

REZONING FROM A1 TO RES2

2.

MAXIMUM DENSITY = 1.5 UNITS/AC 6

LOTS = 1.416 UNITS/AC

3.

MINIMUM LOT SIZE = 22,000 FT²

4.

SETBACKS: FRONT = 30'

SIDE = 15'

REAR = 25'

ASHFORD MA

NOR WAY

(50' R/W)(

24' BC/BC)

DETENTION

AREA

R/W TAKE

S 65°36'37"W

220.04'

Course

Bearing

Distance

L1

L1

S 26°21'06" E

73.35'

L2

S 24°51'01" E

60.73'

L3

L3

S 22°25'30" E

60.27'

L4

L4

S 26°21'06" E

73.56'

L5

S 24°51'01" E

27.43'

L6

S 24°51'01" E

32.95'

L7

S 22°25'30" E

60.07'

L8

S 22°34'58" E

7.02'

L9

S 22°34'58" E

183.94'

L2

S 65°36'37"W

220.03'

219.99'

S 65°36'37"W

124.51

'

S 23°1

5'33"E

100.02

'

S 23°1

5'33"E

100.97

'

S 23°1

5'33"E

L5

L6

L7

L8

L9

S 65°36'37"W

371.19'

S 63°40'47"W

210.89'

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REZONING

STAFF REPORT

PROPERTY INFORMATION:

LOCATION: This property is located west of Majors Road approximately 1,050 ft. southeast of the intersection with Kent Place. The property is also located immediately south of property known as 7020 Majors Road, Cumming, GA 30040.

ZA3976 STAFF REPORT

PROJECT SUMMARY:Applicant is requesting to rezone from Agricultural District (A1) to Single Family Residential District (RES2) on 4.237 acres for 6 residential lots with a density of 1.42 units per acre.

CONCURRENT REQUESTS (E.G. VARIANCES):None.

CONTACT INFORMATION:Applicant:Southern Yankee Capital, LLC155 Creamer WayAlpharetta GA 30004

Owner(s):Brian Hughes

Attorney:Miles Hansford & Tallant, LLCJonathan Beard202 Tribble Gap Road Cumming GA 30040

BOC District: 3 DRI: No Tax Map and Parcel #(s):083-598, 083-599, 083-600, 083-006

IMPORTANT DATES:APPLICATION FOR ZONING REVIEW PROPOSAL FOR BOARD CONSIDERATION

Forsyth County Department of Planning and Community Development110 E. Main Street, Suite 100

Cumming, Georgia 30040http://www.forsythco.com

(770) 781-2115

Date Submitted:

CHARACTER AREA: Vickery Creek

NODE: None.

Planning Commission Public Hearing:

BOC Final Decision (estimated):

Date Submitted:

Zoning Review Meeting Date:

6/5/2020

7/8/2020

8/21/2020

9/22/2020

10/22/2020

Watershed:Big Creek Watershed

SITE CHARACTERISTICS: Wooded

METHOD OF SEWAGE DISPOSAL:County Sewer

LOCATION & DISTANCE TO SEWER/SEPTIC ACCESS : West of subject property

Page 1 of 5The information contained within this technical review was printed on 9/4/2020.ZA3976

STAFF COMMENTS:

PLANNING COMMENTS: A Site Development permit or a sewer permit shall be obtained prior to development of the property.

ARBORIST COMMENTS:None.

BUSINESS LICENSE COMMENTS: None.

ENGINEERING COMMENTS: Review Date: 07/08/2020

Road Name: Majors Road Classification: Collector

Existing R/W: 60’ Proposed R/W: 80’

Traffic Considerations:

Anticipated Traffic Generation Rates from S/D: 6 lots

Average Daily = 57

Peak AM Hour = 5

Peak PM Hour = 6

No traffic study will be required unless recommended improvements are not incorporated into construction plans.

Recommended Improvements: Per Forsyth County Ordinance # 101.

Stormwater Considerations: All developments must comply with Ordinance 75, Stormwater Management and Ordinance 55, Flood Damage Prevention.

STATE WATERS COMMENTS: No state waters present.

WATER & SEWER COUNTY COMMENTS:Review Date: 23 June 2020

Road Name: Majors Road; 083-006

Water Service and Location: There is no water line on Majors Road in front of this parcel. There is an 8” main located approximately 360 feet southeast of the parcel on Majors Road and a 2” main located approximately 50 feet away on the opposite side of Majors Road.

Receiving Sewer WRF: Fowler WRF. Sewer capacity for 6 residential lots is needed. Gravity sewer is located approximately 160 feet west on Ashford Manor Way.

Comments: Developer will need to run an 8” water main from the existing 8” main and tie into the existing 2” main to provide a looped system on Majors Road. Any easements that are required to tie to the County sewer system would be the responsibility of the developer.

WATER & SEWER CITY COMMENTS:None.

NRCS COMMENTS:No state waters. The soils are Cecil sandy loam, gently eroding soils. Install and maintain BMP's during and after construction.

CITY OF CUMMING COMMENTS: None.


BOARD OF EDUCATION COMMENTS:None.

BUILDING INSPECTIONS COMMENTS:Building plans are required per the procedure outlined on our website.

HEALTH DEPARTMENT COMMENTS:None.

LONG RANGE PLANNING COMMENTS:

Natural Resources: The subject property is within the Big Creek watershed, which necessitates a 25% impervious surface limitation. The impervious surface area requirement shall be calculated based upon that portion of the water supply watershed within unincorporated Forsyth County; discrete parcels or projects will not be required to independently satisfy the impervious surface area limitations set forth above.

Cultural Resources: The Cultural Resources inventory does not identify any historic resources.

Bike and Pedestrian Facilities: The 2025 Bicycle and Pedestrian Walkway Plan does not indicate any future improvements to Majors Road. The developer will be obligated to install pedestrian facilities as required by the Department of Engineering.

North Subarea Trails Master Plan: The North Subarea Trails Master Plan does not indicate any future improvements.


STAFF ANALYSIS:

CRITERION 1: Does this proposal conform with the policy and intent of the adopted Forsyth CountyComprehensive Plan?

The proposed use is in conformity with the Forsyth County Comprehensive Plan.

CRITERION 2: Does the proposal permit a use that is suitable in the view of the use and development of adjacent and nearby property? To the north and south, the subject property is adjacent to Agricultural District (A1). To the east, the property is adjacent to Single Family Residential Restricted District (R2R). To the west, the property is adjacent to Single Family Residential District (RES4) developed with a density of 2.103 units per acre and a minimum lot size of 8,000 sq. ft. The proposed use would be suitable in view of the zonings of the surrounding properties.

CRITERION 3: Does the proposal adversely affect the existing use or usability of adjacent or nearby property?

The proposed rezoning would not affect the usability of the adjacent properties.

CRITERION 4: Will the proposal result in a use which will or could cause an excessive or burdensome use ofexisting streets, transportation facilities, utilities, or schools? The following comments pertain to infrastructure information and necessary improvements as related to the current proposal:

A traffic study is not required for the proposed use unless recommended improvements are not incorporated into the construction plans. All road and intersection improvement comments are provided by the Engineering Department in this analysis.

Existing gravity sewer is located approximately 160 feet west on Ashford Manor Way. Any easements required to connect to sewer would be the responsibility of the developer.

Due to the small development of 6 homes, there is not any substantial impact to the schools.

CRITERION 5: Are there existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the proposal?


STAFF RECOMMENDATION:

Based upon the above analysis, the Department of Planning & Community Development is:

Supportive.


RECOMMENDED STAFF CONDITIONS:After reviewing all relevant information, including, but not limited to the information contained in this technical review and the information presented in the public hearing process, should the Board of Commissioners approve this rezoning request, County staff recommend the following conditions:

PLANNING CONDITIONS:1. Development shall be substantially in accordance with the site plan on file in the Department.2. The architectural style shall be consistent with the Vickery Creek Character Area goals and building materials shall be of high quality such as brick, stone, wood or cementitious siding with a variety of techniques to avoid the monotonous appearance of identical homes.3. There shall be a 25-foot buffer along Majors Road planted with two staggered rows of overstory type evergreen trees. The trees shall be a minimum of six feet high at planting with maximum spacing of 12 feet on center in each row. Existing vegetation may be utilized to provide a portion or all of the screening if dense enough to satisfy this condition and the Forsyth County Buffer Standards.

WATER & SEWER CONDITIONS: 1. Development shall tie onto Forsyth County sewer system. All gravity sewer outfalls shall follow natural contours to minimize depth.

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

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

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

5. There shall be no trees, fences, walls, monument signs, or other obstructions within the utility easements or R/W.

6. There shall be a 10-foot setback from all Water & Sewer Utility Easements to any building, unless otherwise approved by Department of Water & Sewer.

7. Developer shall run an 8” water main from the existing 8” main to tie into the existing 2” main on Majors Road to provide a looped system on Majors Road.

ENGINEERING CONDITIONS: 1. Owner/Developer shall dedicate right of way 40 feet from centerline of Majors Road as part of site development or when needed for road improvement projects as determined by Department of Engineering.


NEW BUSINESS

UDC MODIFICATIONS RELATED TO

RESIDENTIAL DESIGN STANDARDS FOR SINGLE-FAMILY ATTACHED AND MULTIFAMILY

RESIDENTIAL DEVELOPMENTS

Chapter 3, Definitions Unified Development Code of Forsyth County -Preliminary Draft 10/13/2020 3-2-

Airport: Any area of land, water, or mechanical structure which is used for the landing and takeoff of aircraft and includes any appurtenant structures and areas which are used or intended to be used for airport buildings, other airport facilities, rights-of-way, or easements, but not to include heliports. Alteration: Any change in the supporting members of a building or structure such as bearing walls columns, and girders, except such emergency change as may be required for safety purposes; any addition to a building; any change in use; or, any movement of a building from one location to another. Alley: A strip of land dedicated to public use providing vehicular and pedestrian access to the rear of properties which abut and are served by a public road or street. Alternative tower structure: Clock towers, bell towers, steeples attached to places of worship, water towers, light/power poles, electric transmission towers, man-made trees (without accessory buildings/structures), and similar natural or man-made alternative-design mounting structures that camouflage or conceal the presence of antennas or towers. Apartment House: A structure containing three or more dwelling units. Aquifer: Any stratum or zone of rock beneath the surface of the earth capable of containing or producing water from a well. Assisted Living Facility: A residential facility that provides assistance with non-medical aspects of daily activities in an atmosphere of separate, private living for seniors. Twenty-four hour supervision is provided and is designed for seniors who need some level of support for daily living. Personal care services include, but are not limited to, meals, housekeeping, transportation, laundry, grooming, medication management and other functions of daily living. These facilities may be freestanding or part of a CCRC. Auction: A public sale of property to the highest bidder; or a facility dedicated to a public sale of property to the highest bidder.

Automobile Services Establishment, Major: An establishment providing major repair or body work services, including, but not limited to, collision repair, other body work, painting services, tire recapping; any services that would otherwise be considered minor automobile services, but are not performed in fully enclosed service bay(s) with operable door(s). Towing services shall constitute a permissible accessory use to this type of establishment provided no open storage yard or impound storage occurs on the property.

Automobile Services Establishment, Minor: An indoor establishment with fully enclosed service bay(s) with operable door(s) for performing indoor vehicle repair and maintenance, including but not limited to brakes, oil changes, lubrication, transmission, engine, belts, hoses, inspections, and tire mounting and installation. Any establishment performing such services other than in fully enclosed service bay(s) with operable door(s) shall be deemed a major automobile services establishment. Towing services shall constitute a permissible accessory use to this type of establishment provided no open storage yard or impound storage occurs on the property.

Balcony: A platform projecting from the wall of an upper-story building with railing along its outer edge, with access from a door or window.

Bed and Breakfast Inn: A private owner occupied residence with one (1) to three (3) guestrooms offering temporary lodging and one (1) or more meals to the traveling public while away from their normal places of residence. The bed and breakfast is subordinate and incidental to the main residential use of the building. Individual guests are prohibited from staying overnight at a particular bed and breakfast establishment for more than ten (10) days in any one (1) year period.

Bedroom: A room intended for, or capable of, being used for sleeping and is at least seventy square feet in area. A room designated on building plan submittals as a “den,” “study,” “loft,” “bonus room,” or other extra room satisfying the criteria in this definition and is not a kitchen, living room, or bath, and which may contain closets or access to a bathroom, may be considered a bedroom for purposes of computing bedroom area and building code compliance. Block: An area of land within a subdivision that is entirely surrounded by public streets, public lands, railroad rights-of-way, watercourses, or other well defined and fixed boundaries. Block Corner: The corner of any subdivision block where two streets intersect. Board: Board of Commissioners Boarding House: A dwelling unit or part thereof in which, for compensation, lodging and meals are provided; personal and financial services may be offered as well. However, a Dwelling Unit that is rented for periods of less than thirty (30) days shall not convert the use to a Boarding House use if the owner or custodian of same has applied for and obtained a Short-term Rental Conditional Use Permit pursuant to the provisions of this Code. Brewery: A premises where beer and malt beverage are manufactured.


Pollution Susceptibility Maps: Maps prepared by the Department of Natural Resources showing relative vulnerability of aquifers to pollution. Pollution susceptibility maps categorize the land areas of the State into areas having high, medium and low groundwater pollution potential. Porch: A structure attached to a building, which may either be at grade or raised, forming a covered pedestrian entrance to a building. Principal Building: A building in which is conducted the main or principal use of the lot on which said building is situated. Private On-Site Sewage Disposal System: A system for collection and disposal of sewage, with each and every component located and functioning completely within the boundaries of a single lot and serving exclusively the permitted improvements on said lot, and receiving no sewage, waste or substance from any other source. Includes traditional Septic Tank Systems as well as improvements and technological advances thereupon, provided the system is acceptable to and approved by the Georgia Department of Human Resources and the Forsyth County Health Department. Processing: (See definition of Manufacturing, Processing, and Assembling). Professional Architect: An architect duly registered or otherwise authorized by the State of Georgia to practice in the field of architecture. Professional Engineer: An engineer duly registered or otherwise authorized by the State of Georgia to practice in the field of civil engineering. Professional Surveyor: A surveyor duly registered or otherwise authorized by the State of Georgia to practice in the field of land surveying. Protected River: Any perennial river or watercourse with an average annual flow of at least 400 cubic feet per second as determined by appropriate United States Geological Survey documents. However, those segments of rivers covered by the Metropolitan River Protection Act are specifically excluded from the definition of a protected river. Protective Covenants: Contracts made between private parties as to the manner in which land may be used, with the view toward protecting and preserving the physical and economic integrity of any given area. Public use: Any building, structure, or use owned and/or operated by the federal government, state of Georgia, Forsyth County or other County, the city of Cumming or other municipality, or any authority, agency, board, or commission of the above governments, that is necessary to serve a public purpose, such as but not limited to the following: government administrative buildings, post offices, police and fire stations, libraries and publicly operated museums, public health facilities and public hospitals, public works camps, parks and community centers, public roads and streets, airports, water and sanitary sewerage intake, collection, pumping, treatment, and storage facilities, emergency medical facilities, and jails and correctional facilities. Public Sewer: Includes and is limited to: (a) any sewer collection, disposal or treatment system owned by Forsyth County and operated by Forsyth County, its contractors, agents, or licensees; and (b) any sewer collection, disposal or treatment system owned by a municipality or other political subdivision of the State of Georgia and approved by the Director of Water and Sewer as a public sewer for the purposes of this Code. Public Sewer shall specifically include any sewer collection, disposal or treatment system built by a non-governmental entity via an approved variance meeting the design and performance standards of Forsyth County and titled, owned and operated by Forsyth County or its designee. Public Utility or Utilities: A service or services provided by a public utility company, or, as approved by the Board, a private entity which provides such service or services, and all equipment and structures necessary to provide such services. Quadrangle Map: The most recently published United States Geological Survey 7.5 minute topographic map, prepared at a scale of 1:24,000. Quadraplex: Four single family dwelling units in one structure utilizing common walls on two sides and a side and rear or front yard on the other two sides. Quadraplexes can be located on a single lot with or without other quadraplexes (i.e., an apartment complex with four-unit buildings, or each unit may be located on its own lot (i.e., fee simple ownership with "zero lot line" on two sides). Also known and referred to as "fourplex." Reasonable Cause: Such a state of facts, based on reliable evidence or information, as would lead a person of ordinary care and prudence to believe and have an honest, strong, articulable suspicion that premises to be inspected are in violation of County ordinances, including this Code, or there exists circumstances posing a detrimental risk to the health, safety, and welfare of Forsyth County citizens. Recharge Areas: Any portion of the earth's surface, where water infiltrates into the ground to replenish an aquifer.


the crests, summits, and ridge tops which lie at elevations higher than those of adjacent steep mountain slopes (even though the crests, summits, and ridge tops may have a slope of less than 25 percent), provided that such crests, summits, and ridge tops are in a natural condition as defined by this Code. Steep Slopes: Lands with slopes of at least 35 percent, as indicated in the Comprehensive Plan of Forsyth County, or which are so indicated with aid of a United States Geological Survey 1:24,000, 7.5 minute quadrangle topographic map or other available topographic information. Stoop: A raised platform, which may be covered but not enclosed, that serves as a pedestrian entrance to a building.

Street: Any vehicular way, other than an alley, that: (1) is an existing state, County or municipal roadway; (2) is constructed as shown upon a plat approved pursuant to law and is open to vehicle travel; (3) is constructed and open to vehicle travel as approved by other official action of the Board of Commissioners; or (4) is constructed and open to vehicle travel and shown on a plat duly filed and recorded in the Clerk's Office, Forsyth County Superior Court prior to the appointment of the Planning Commission and the grant to the Planning Commission of the power to review plats. Land between the street lines, whether improved or unimproved, shall be considered part of the street. Street, Collector: Unless otherwise defined by the Major Transportation Plan or Comprehensive Plan, a collector street is a public street whose function is to collect traffic from neighborhoods and local streets and which connects to another public street of equal of greater classification. A collector also may provide direct access to adjacent properties. Street, Local: Unless otherwise defined in the Forsyth County Major Transportation Plan or Comprehensive Plan, any public street, except an alley, collector, or arterial, and which has a primary function to provide direct access to adjoining properties and which serves a limited area only, usually a single land subdivision. Street, Major Arterial: Unless otherwise defined by the Forsyth County Major Transportation Plan or Comprehensive Plan, a major arterial street is a street connecting two or more towns or communities, connecting two highways of equal or greater capacity, or serving as the primary access to a large land area. A major arterial may also serve a large traffic generator (e.g., an industrial area) and perform a secondary function of providing local access. Street, Marginal Access: A residential street parallel and adjacent to a major thoroughfare and which provides access to abutting properties with protection from through traffic. Street, Private: A road or street that has not been accepted for maintenance by the County and that is not owned and maintained by the state, City of Cumming, another County, or another public entity. Stripping: Any activity which removes or significantly alters the vegetation surface cover, including clearing and grubbing operations. Structural Lot Fills: Fills constructed predominately of rock materials for the purpose of supporting structures. Structural Stormwater Control: A structural stormwater management facility or device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release, or the velocity of flow of such runoff. Structure: Materials that, when combined, form a construction for use, occupancy, or ornamentation. A structure may be installed on, above, or below the surface of land or water. For purposes of this Code, all buildings (including overhangs) are considered structures, but not all structures are considered buildings. Specifically exempted from the definition of structure are the following: driveways; mail boxes; flag poles; walls, unless they are an integral part of a structure not exempted herein; light poles/fixtures; patios, at grade; pool decking, at grade; sidewalks; swing sets; and any construction not requiring a building permit by Forsyth County. Subdivider: Any person, as defined by this Code, who undertakes the subdivision of land, and any person having such a proprietary interest in land to be subdivided as will authorize the maintenance of proceedings to subdivide such land under this Code, or the authorized agent of such person. Subdivision: A division of a tract or parcel of land into two (2) or more lots, building sites, or other divisions for the purpose of sale or building development, whether immediate or future, including all division of land involving the dedication of a new street or a change in existing streets. The word “subdivision” includes re-subdivision and, when appropriate to the context, relates either to the process of subdividing or to the actual land or area which is subdivided. Subdivision, Minor: A subdivision of six (6) or fewer lots which does not involve the construction of a new public or private street. Because minor subdivisions do not involve the construction of a new public or private street, they are processed administratively by the Department of Planning and Community Development as final plat applications that do not require sketch plat approval. Any improvements to an existing public street abutting the tract proposed for minor subdivision, or the installation of utilities along said existing public road, as may be required to

Chapter 11, Residential Districts Unified Development Code of Forsyth County -Preliminary Draft 10/13/2020 11-20-

surface of the exterior wall or from the front face of a porch. For the sake of this requirement, a porch must be: (1) At least six (6) feet deep. The depth of a porch shall be measured from the outer most edge of the

walking surface to the lowest projecting face of the wall cladding. (2) At least thirty-three percent (33%) of the width of the exterior wall from which it projects. (3) Covered and continuous.

(M) Variation in facades. No more than three (3) adjacent houses located on the same side of the street may have identical façade designs. Differentiation between adjacent houses may be accomplished by at least four (4) of the following: (1) Different exterior wall materials (color alone is not sufficient); (2) Different window placement, including a change of at least twenty-four (24) inches or a different

window type; (3) Different building heights, including a variation of at least twenty-four (24) inches between adjacent

buildings; and (4) Different roof forms, including but not limited to slope, gables, hips, or dormers; and (5) Different garage configuration, including garage doors facing a different direction or a variation in the

setback of the garage door from the main building or porch as defined in section 11-9.5(L) of at least twenty-four (24) inches as well as a different garage door type.

(N) Landscape. A minimum of ten percent (10%) of the uncovered area of the lot must be planted in trees, shrubs, or perennial ground cover other than turf grass.

(O) Tree planting. Trees in the front yard must be planted five (5) feet measured in a straight line from the center of the trunk to the edge of the right-of-way. In Res2 and Res3 zoning districts provide at least one two (2) inch caliper minimum overstory tree for each lot in addition to the requirements of the Forsyth County Ordinance 98 (Tree Protection and Replacement Ordinance). (1) In order to provide adequate growing area and soil volume for planted trees, the following minimum

criteria must be observed unless otherwise approved by the County Arborist to improve the viability of the planted trees: (a) Minimum open soil surface area with average soil depths greater than or equal to three (3) feet:

Overstory Trees: 400 square feet. Understory Trees: 100 square feet.

(b) Minimum setbacks from exterior of trunk to buildings: Overstory Trees: 20 feet Understory Trees: 10 feet

(c) Minimum setbacks from exterior of trunk to sidewalks, driveways, and other impervious surfaces: Overstory Trees: 8 feet Understory Trees: 4 feet

(2) In some situations, certain conditions or constraints, such as but not limited to existing or proposed utilities, infrastructure, streams, wetlands or other environmental factors, may limit the ability of a site to support the minimum number of required trees. The County Arborist may approve and/or require alternative planting locations or other means of compliance for fulfilling the planting requirement for any tree required by the Tree Ordinance, UDC, or other development regulations. Such decisions shall be based on established principles and practices of arboriculture and with consideration to maximizing the tree’s health and contribution to the landscape and environment in order to fulfill the purpose and intent of this Article.

11-9.6 Subdivision standards. Where required by the applicability requirements of section 11-9.2, the following subdivision-based standards apply.

(A) Retaining Walls. Retaining walls must be faced with natural stone, brick, or minimum four (4) inch thick manufactured stone; modular block is allowed. The underlying substrate may not be visible through the facing material. Retaining walls located on individual lots are not subject to this requirement.

(B) Gabion Walls. Retaining walls constructed of metal cages filled with rock or similar material are prohibited where visible from any adjacent or nearby lot, or any public or private street. In addition, gabion walls are restricted to the location of designated common areas and stormwater facilities. Maintenance of the gabion wall structure and any associated vegetation shall be the responsibility of the homeowner association.


(b) Gabion Walls. Retaining walls constructed of metal cages filled with rock or similar material are prohibited.

(c) Street Layout. Straight street segments are limited to no more than six hundred (600) feet in length without an intervening intersection or a horizontal curve with a centerline radius of no more than ninety (90) feet.

(d) Exterior Buffer. Lots along the exterior property line of a development that do not abut a right-of-way or public space must provide a thirty (30) foot buffer.

ARTICLE X. DESIGN STANDARDS FOR SINGLE-FAMILY ATTACHED AND MULTI-FAMILY RESIDENTIAL

11-10.1 Purpose and Intent. The residential design regulations in this article are intended to increase the overall durability, construction quality and attractiveness of single-family attached and multi-family residential developments. The objectives are to address community character, enhance attractiveness of the built environment and contribute to quality of life for residents. The design guidelines are functional in both maintaining comfortable living standards and shaping the development pattern within the larger community. These guidelines shall ensure that single-family attached and multi-family residential developments are architecturally diverse, but also strengthen a cohesive neighborhood identity to complement the setting and character of residential neighborhoods. 11-10.2 Applicability.

(A) This article shall not apply to the remodel of or addition to an existing structure to the extent the existing structure does not comply with the provisions of this article.

(B) If a structure for which this article would otherwise apply is damaged, the structure may be rebuilt without needing to comply with those provisions of this article with which the prior structure did not comply at the time of destruction.

(C) Residential development for which units have not been permitted must comply with sections 11-10.3 and 11-10.4. This requirement shall be waived for the final phase of a multi-phase development, which was approved under a single zoning application with a single multi-phase site plan, that is in need of a land disturbance permit in order to complete its final phase provided that no less than ninety (90%) percent of the total approved residential structures in the other phases have been issued certificates of occupancy.

11-10.3 Application Requirements. (A) Submission of the materials otherwise required in this section may be waived if neither the zoning district

performance standards nor the scope of the application request would be affected by the materials. (B) Where required by the applicability requirements of section 11-10.2, and not otherwise waived, the

following materials must be submitted with a building permit application. (1) Elevation drawings of all building types; renderings may also be submitted in addition to required

elevations. (2) Details, finish material imagery, and descriptions for fencing and retaining walls. (3) Visual examples including photographs and narrative description of exterior materials for buildings.

Physical samples shall be submitted if requested to clarify material type. (C) At the time of final plat for new, major subdivisions or building permitting for platted lots and new, minor

subdivisions, the following shall be submitted: (1) Details pertaining to windows, garage doors, porches, stoops, balconies, decks, exterior walls,

gutters and roof detailing. (2) Details pertaining to walkways, landscaping and exterior lighting. (3) Details pertaining to design and finish materials for fencing and retaining walls. (4) Sidewalks, planting strips and trails must be shown on the site plan.

(D) In the event a final plat is not required, the following shall be submitted at the time of the building plan submittal: (1) Details pertaining to windows, garage doors, porches, stoops, balconies, decks, exterior walls, gutters

and roof detailing. (2) Details pertaining to walkways, landscaping and exterior lighting. (3) Details pertaining to design and finish materials for fencing and retaining walls. (4) Sidewalks, planting strips and trails must be shown on the site plan.

11-10.4 Architectural Standards. (A) Single-Family Attached Residential

(1) Wall Finishes.


(a) A minimum of sixty (60%) percent of the total façade of all exterior walls, excluding windows and doors, must consist of primary wall cladding materials as listed below. (i) Brick or masonry brick veneer; (ii) Manufactured or natural stone or stone veneer; (iii) True three (3) coat cement stucco; (iv) Cementitious siding including lap siding and board and batten.

(b) A maximum of forty (40%) percent of the total façade of all exterior walls, excluding windows and doors, may consist of secondary wall cladding materials as listed below. (i) Natural wood siding; (ii) Cementitious shakes and shingles; (iii) Exterior Insulation and Finish System (EIFS). If within three (3) feet of grade or within six

(6) feet of grade adjoining a public right-of-way or a parking area, shall be compliant with impact resistance standards set by ASTM.

(c) The use of the following materials is prohibited for the exterior of buildings: (i) Architectural concrete masonry units (CMUs); (ii) Plywood and oriented strand board (OSB); (iii) Standing seam or corrugated metal panels; (iv) Vinyl siding and other polymeric siding; (v) Mirrored glass; (vi) Corrugated fiberglass; (vii) Any spray-on materials, such as shot-crete.

(d) On the arrangement of façade materials (i) Where two (2) or more materials are proposed to be combined on a façade, the heavier material

shall be located below the lighter material as shown in Illustration 11.3. Material changes on a façade shall occur along a continuous horizontal line or where two (2) building forms meet.

(ii) Façade materials are permitted to change only when it reaches an interior corner or another architectural feature. Primary front façade materials shall wrap around at outside building corners for at least four (4) feet at a continuous height. See Illustration 11.4.

Illustration 11. 3: Material arrangement


(e) Accessory Materials

(i) The exterior of accessory buildings shall be constructed of similar materials, colors, and detailing to match those used on the principal structure(s).

(f) In cases where a material is proposed but is not listed, the director shall make an administrative determination as to whether or not the material shall be permitted under present design standards based on the purpose and intent of this Article.

(2) Variation in Facades. For the purpose of this subsection, a building façade shall be considered the entire wall surface on a building side from the finished grade level to the bottom of an overhanging eave or to the top of a cornice as shown in Illustration 11.5. (a) Front facades shall be varied to avoid long, flat

building fronts. Any building containing more than three (3) units shall have the façade of each attached unit distinct from the other.

(b) All facades shall provide doors, porches, stoops, balconies, or windows in the following ratios: (i) A minimum of forty (40%) percent of the front

building façade. Garage doors, including garage door windows, shall not count towards compliance with this requirement.

(ii) A minimum of fifteen (15%) percent of the side building façade. Garage doors, including garage door windows, shall not count towards compliance with this requirement.

(iii) A minimum of thirty (30%) percent of the rear building façade. Rear-loaded garages are encouraged and shall count towards compliance with this requirement.

(iv) Windowless walls are prohibited along all facades. A minimum of one-quarter (1/4) of the front and side building façade ratio requirements shall be comprised of windows.

Illustration 11. 5: Front façade area measurements

Illustration 11. 4: Building Corners


(c) All front facades shall provide a minimum of three (3) of the following design features for each unit: (i) Projection(s) or recess(es) in the façade plane that differentiate the unit from the adjacent unit,

with a minimum depth or projection of eighteen (18) inches; (ii) Decorative patterns on the exterior finish such as wainscoting, moldings, and similar features; (iii) A stoop, porch, balcony, or a recessed entrance with a minimum of eighteen (18) inches from

the front façade; (iv) A box or bay window with a minimum eighteen (18) inch projection from the façade plane; (v) Window and door openings in masonry facades that express a lintel or arch above the opening.

Lintels or arches used either structurally or as a decorative trim, shall extend beyond the width of the opening;

(vi) Eaves with either exposed rafters or a cornice projecting a minimum of twelve (12) inches from the façade plane.

(3) Building Elements. Notwithstanding the requirements of Tables 11.2(a) and 11.2(b), a porch, stoop, or balcony shall follow the standards listed below. These standards are to ensure that certain building elements when added to a building façade are of sufficient size to be both usable and functional and be architecturally compatible with the frontage to which they are attached. (a) The depth of a porch, stoop, or balcony shall be measured from the outer most edge of the walking

surface to the lowest projecting face of the wall cladding. (b) Porch. Porches shall comply with the following standards listed below. See Illustration 11.6.

(i) Shall be at least six (6) feet deep, not including the steps; (ii) A front porch must be contiguous to the building facade, with at least thirty-three (33%)

percent of the width of the exterior wall from which it projects; (iii) Shall be roofed and may be screened but shall not be fully enclosed by walls; (iv) Shall not encroach into the public right-of-way or required sidewalk; (v) May extend up to eight (8) feet, including steps, into the required front setback, provided that

such an extension is at least two (2) feet from the lot or lease line.

(c) Stoop. Stoops shall comply with the following standards listed below. See Illustration 11.7. (i) Shall be no more than six (6) feet deep and six (6) feet wide, not including steps; (ii) May be covered but shall not be fully enclosed; (iii) Shall not encroach into the public right-of-way or required sidewalk; (iv) May extend up to six (6) feet, including steps, into the required front setback, provided that

such an extension is at least two (2) feet from the lot or lease line. (d) Balcony. Balconies shall comply with the following standards listed below. See Illustration 11.8.

(i) Shall be at least four (4) feet deep; (ii) Shall have a clear height above the sidewalk of a minimum of ten (10) feet; (iii) May be covered and screened, but not fully enclosed;

Illustration 11. 6: Porch requirements


(iv) May extend up to six (6) feet into the required setback, provided that such extension is at least two (2) feet from the lot or lease line, but shall not encroach into the public right-of-way.

(4) Garage Doors. Garage doors shall be recessed a minimum of twelve (12) inches from the garage door frame.

(5) Roofs. The roofs of each unit shall comply with the following standards: (a) Roofs shall be symmetrical gables, flat with parapet along the front façade, or shed style.

Alternative roof forms or pitches may be used over porches, covered stoops, covered balconies, entryways, or similar features;

(b) Shed style roofs shall have a minimum roof pitch of 4:12; (c) Symmetrical gable style roofs shall have a minimum roof pitch of 3:12; (d) When a parapet is part of the roof design, the projection of the front façade must be varied and

must use decorative elements such as crown molding, dentils, brick soldier courses, or similar ornamental features;

(e) Additional roof forms, such as dormers, shall be permitted to enhance the aesthetic of the roofline; (f) Overhangs, if provided, shall be no less than twelve (12) inches; (g) Sloped roofs on primary buildings shall be clad in wood shingles, standing seam metal, clay or

concrete tile, stone coated metal tile, painted metal tile, recycled rubber tile, slate, asphalt shingles or similar material or combination of materials. This regulation does not prohibit the application of solar panels, which shall not be considered an architectural material for purposes of building form regulations;

(h) In cases where an alternative roofing material is proposed but is not listed, the director shall make an administrative determination as to whether or not the material shall be permitted under present design standards based on the purpose and intent of this Article.

(6) Site Standards. (a) Sidewalks and pedestrian pathways shall provide a continuous network that connects each unit

with adjacent public streets and all on-site amenities designed for use by residents of the development.

(b) The primary entrance and front façade of individual units within a single family attached development may be oriented toward streets, private drives or enhanced open space, and shall not be oriented toward off-street parking lots, garages, alleyways, or carports.

(B) Multi-Family Residential (1) Wall Finishes.

(a) A minimum of sixty (60%) percent of the total façade of all exterior walls, excluding windows and doors, must consist of primary wall cladding materials as listed below. (i) Brick or masonry brick veneer; (ii) Manufactured or natural stone or stone veneer; (iii) True three (3) coat cement stucco; (iv) Cementitious siding including lap siding and board and batten.

Illustration 11. 7: Stoop requirements Illustration 11. 8: Balcony requirements


(b) A maximum of forty (40%) percent of the total façade of all exterior walls, excluding windows and doors, may consist of secondary wall cladding materials as listed below. (i) Exterior Insulation and Finish System (EIFS). If within three (3) feet of grade or within six

(6) feet of grade adjoining a public right-of-way or a parking area, shall be compliant with impact resistance standards set by ASTM.

(ii) Architectural grade metal wall panels, which shall: a) Be matte finish in neutral or earth tone and; b) Include two (2) or more of the following elements:

i. Visible window and door trim painted or finished in a complementary color. ii. Color and edge trim that cover exposed edges of the sheet metal panels.

iii. A base constructed from the materials listed in Section 11-10.4(B)(1)(a). (c) The use of the following materials is prohibited for the exterior of buildings:

(i) Architectural concrete masonry units (CMUs); (ii) Plywood and oriented strand board (OSB); (iii) Vinyl siding and other polymeric siding; (iv) Mirrored glass; (v) Corrugated fiberglass; (vi) Any spray-on materials, such as shot-crete.

(d) On the arrangement of façade materials (i) Where two (2) or more materials are proposed to be combined on a façade, the heavier material

shall be located below the lighter material as shown in Illustration 11.3 in section 11-10.4(A)(1). Material changes on a façade shall occur along a continuous horizontal line or where two (2) building forms meet.

(ii) Façade materials are permitted to change only when it reaches an interior corner or another architectural feature. Primary front façade materials shall wrap around at outside building corners for at least four (4) feet at a continuous height. See Illustration 11.4 in section 11-10.4(A)(1).

(e) Accessory Structure Materials (i) The exterior of accessory buildings shall be constructed of similar materials, colors, and

detailing to match those used on the principal structure(s). (f) In cases where a material is proposed but is not listed, the director shall make an administrative

determination as to whether or not the material shall be permitted under present design standards based on the purpose and intent of this Article.

(2) Site Materials. Except as otherwise stated, use of the following materials is prohibited on the property: (a) Crushed color rock or tumbled glass; (b) Chain link fencing, except where necessary around stormwater ponds or for temporary purposes

such as a construction site. Chain link fencing around stormwater ponds must be fully screened by vegetation and not visible from the public right-of-way.

(3) Variation in Facades. For the purpose of this subsection, a building façade shall be considered the entire wall surface on a building side from the finished grade level to the bottom of an overhanging eave or to the top of a cornice as shown in Illustration 11.5 in section 11-10.4(A)(2). The facades of multi-family buildings shall incorporate several design techniques to create an appropriate building scale and to provide distinction between similar structures. (a) All facades shall provide doors, porches, stoops, balconies, or windows in the following ratios:

(i) A minimum of forty (40%) percent of the front building façade. (ii) A minimum of twenty (20%) percent of the side building façade. (iii) A minimum of thirty (30%) percent of the rear building façade. (iv) Windowless walls are prohibited along all facades. A minimum of one-quarter (1/4) of the

front, side, and rear building façade ratio requirements shall be comprised of windows. (b) Faux window treatments shall be permitted for side and rear facades to comply with window ratio

requirements. (c) For buildings over three (3) stories, over five thousand (5,000) square feet in gross building

footprint or with façades longer than one hundred (100) feet. (i) The “articulation interval” at which the repetitive element repeats should not be greater than

fifty (50) feet in length measured horizontally as shown in Illustration 11.9.


(ii) The building shall provide a minimum of three (3) of the following modulations or articulation design features listed below as shown in Illustration 11.9: a) Horizontal modulation. The stepping back or extending forward of building stories or

horizontal building elements, the depth (extension out or set back from the building facade) of the modulation must be at least two (2) feet when tied to a change in the roofline and at least five (5) feet in other situations;

b) Vertical modulation. The extension or stepping back of vertical elements of a building, the minimum depth of modulation is eighteen (18) inches and minimum width for each modulation is fifteen (15) feet;

c) Porch, stoop, patio, deck or covered entry at each articulation interval; d) Distinctive window patterns repeated at intervals less than the articulation interval; e) Lighting fixtures, trellises, or other landscape features within each articulation interval; f) Incorporation of projections such as windows, porch additions, stair enclosures,

chimneys, balconies, recesses at windows, entryways, doors or other openings, and minor projecting masses;

g) Change in materials with a change in building plane; h) Use of materials and colors to emphasize both major and minor changes in building scale

to introduce sense of detail and create distinctions between structures.

(4) Blank Walls. For the purpose of this section, a “blank wall” is any portion of wall that either has a surface area of at least two hundred (200) square feet of vertical surface without a window, door or building modulation or other architectural feature; or is over four (4) feet in height from ground level and longer than fifteen (15) feet as measured horizontally without having a window, door, building modulation or other architectural feature as shown in Illustration 11.10. All blank walls visible from an adjacent or nearby lot, or a public street or private street, shall be treated in one (1) or more of the following ways: (a) A vertical trellis in front of the wall with climbing vines or other plant material. The trellis must

be used in conjunction with other treatments described below. (b) A landscaped planting bed or raised planter bed in front of the wall.

(i) Plant material shall be selected to screen at least fifty (50%) percent of the blank wall’s surface within four (4) years.

Illustration 11. 9: Modulation Example


(c) A combination of building materials as listed in 11-10.4(B)(1)(a) and 11-10.4(B)(1)(b) to provide visual interest and craftmanship to building façades consistent with the purpose and intent of this Article.

(5) Exterior Lighting. (a) Full cutoff fixtures shall be required with the exception of special architectural lighting that adheres

to the following: (i) Uplighting shall be shielded by a roof overhang or a similar structural shield. (ii) Luminaires shall be aimed to shield the lamp and its reflective surfaces from off-site view and

to prevent light output beyond the building. (iii) A licensed architect or engineer shall stamp a prepared lighting plan that ensures that all

exterior lighting adheres to county design standards. (6) Roofs. All roofs shall comply with the following standards:

(a) Roofs shall be symmetrical gables, flat with parapet along the front facing façade, hip-style, or shed style. Alternative roof forms or pitches may be used over porches, covered stoops, entryways, or similar features;

(b) Shed style roofs shall have a minimum roof pitch of 4:12; (c) Symmetrical gable and hip-style roofs shall have a minimum roof pitch of 3:12; (d) Additional roof forms, such as dormers, shall be permitted to enhance the aesthetic of the

roofline. (e) All building entrances shall be sheltered by roof forms, and/or additional roof features; (f) Overhangs, if provided, shall be no less than twelve (12) inches; (g) For flat roofs or facades with horizontal fascia or parapet, the roofline shall vary at least every

sixty (60) feet. There shall be a minimum vertical dimension of roofline modulation of two (2) feet;

(h) Other roof forms such as arched or saw-toothed may satisfy this design standard if the individual segments of the roof with no change in slope or discontinuity are less than sixty (60) feet in width;

(i) Sloped roofs on primary buildings shall be clad in wood shingles, standing seam metal, clay or concrete tile, stone coated metal tile, painted metal tile, recycled rubber tile, slate, asphalt shingles or similar material or combination of materials. This regulation does not prohibit the application of solar panels, which shall not be considered an architectural material for purposes of building form regulations;

Illustration 11. 10: Example Blank Wall

Not compliant Compliant


(j) In cases where an alternative roofing material is proposed but is not listed, the director shall make an administrative determination as to whether or not the material shall be permitted under present design standards based on the purpose and intent of this Article.

(7) Site Standards. (a) Sidewalks and pedestrian pathways shall provide a continuous network that connects each building

entrance with adjacent public streets and all on-site amenities designed for use by residents of the development.


CONSERVATION SUBDIVISIONS

Chapter 19, Conservation Subdivisions Unified Development Code of Forsyth County 10.13.20 Preliminary Draft -19-1-

Blue with underline = New text added

Green with underline = Existing text relocated

Red with strikethrough = Existing text removed


CHAPTER NINETEEN

CONSERVATION SUBDIVISIONS ARTICLE I, PURPOSE AND INTENT:

19-1.1 This chapter is intended to provide for residential subdivisions that are designed based first and foremost on the provision and preservation of open space, but that accommodate the entire amount of development that would otherwise be legally possible under conventional subdivision designs, and that:

(A) Minimize the environmental and visual impacts of new development on critical resources, and aesthetically pleasing areas, and historically and culturally significant sites and structures.;

(B) Encourage more efficient development of land by affording greater flexibility of design and placement of buildings and structures;

(C) Reduce infrastructure construction costs; (D) Contribute to an interconnected network of permanent open space in the County.; (E) Provide for undivided open spaces within new developments. ; (F) Enhance quality of life for residents by Create creating more attractive and pleasing living

environments.; (G) Reduce the demand on public expenditures for open space, parkland, play fields, and other areas for

active and passive recreation.; (H) Minimize disturbances to streams, steep slopes, and vegetation and provide increased opportunities to

maintain and enhance habitat; and (I) Meet design requirements and guidelines established in this chapter for the protection of conservation

areas. ARTICLE II, APPLICABILITY OF CHAPTER 18 AND CHAPTER 11 TO CONSERVATION SUBDIVISIONS:

19-2.1 It is the intent of this chapter to create and preserve open space and to provide alternative standards for the development of land to those specified in Chapter 18, Subdivisions and Land Development and those specified in Chapter 11, Residential Districts. Provisions of Chapter 18 and Chapter 11 that are specifically addressed in this chapter shall not apply. However, in cases where the provisions for conservation subdivisions do not address a particular question or issue, the provisions of Chapter 18 and Chapter 11 shall apply. ARTICLE III, CONSERVATION AREAS AND OPEN SPACES OPEN SPACE AND CONSERVATION AREAS:

19-3.1 Required Specifications. (A) Minimum Size. The minimum size of a conservation subdivision shall be twenty-five (25) twenty (20)

acres. (B) Area in Open Space.

(1) Each conservation subdivision shall provide a minimum of forty percent (40%) of its total land area as open space, as defined by this Code. The amount of acreage dedicated to secondary conservation areas must equal at least thirty percent (30%) of the total primary conservation areas. If the total amount of open space provided is comprised of sixty percent (60%) or more secondary conservation area as described below, the overall total open space amount required shall be reduced to thirty percent (30%) of the total land area.

(2) Open space shall be no less than five (5) contiguous acres. (3) The width of any open space tract shall be at least twenty-five (25) feet. (4) Exterior buffers cannot be counted towards the secondary conservation area total.

(C) Primary Conservation Areas. Primary conservation areas refer to the most ecologically sensitive and often severely constrained land, including land as shown in Table 19.1. A conservation subdivision incorporates, and shall include, all primary conservation areas into undivided, permanent, open spaces shall identify and integrate all primary conservation areas into permanent open space. Refer to figure 19.1 for guidance on the conservation subdivision design process. “Undivided” refers to contiguous, usable open spaces; small strips of land remaining randomly among parcels or isolated “alley” strips do


not qualify as meeting the required conservation areas standards. Primary conservation areas, as defined by this Code, include the following: habitats for endangered or threatened species, wetlands, flood plains, State Waters, shorelines and associated buffers, steep mountain slopes and steep slopes of thirty-five (35%) percent or greater as defined by this Code.

(D) 19-3.2 Secondary Conservation Areas. Secondary conservation areas refer to locally noteworthy or significant features of the natural or cultural landscape and include land as shown in Table 19.1. A conservation subdivision shall identify secondary conservation areas and shall strive to integrate all or a portion of them into undivided, permanent, open spaces. “Undivided” refers to contiguous, usable open spaces; small strips of land remaining randomly among parcels or isolated “alley” strips do not qualify as meeting the required conservation area standards. Refer to figure 19.1 for guidance on the conservation subdivision design process. Secondary conservation areas, as defined by this Code, include the following: open meadows and/or pastures of at least three (3) contiguous acres; orchards; existing forests of three (3) contiguous acres or more; specimen tree stands as defined by the Forsyth County Tree Ordinance; aquifer recharge areas; slopes between twenty-five (25%) percent and thirty-five (35%) percent; historic and archeological sites; trails; and trailheads constructed with pervious materials connecting to identified County trails. The amount of acreage dedicated to Secondary Conservation Areas must equal at least thirty (30%) percent of the total Primary Conservation Areas. Exterior buffers cannot be counted towards this secondary conservation area total.

TABLE 19.1

DEFINITIONS FOR PRIMARY AND SECONDARY CONSERVATION AREAS Primary Conservation Areas Secondary Conservation Areas

Habitats for endangered or threatened species

Open meadows and/or pastures of 3 contiguous acres or more

Wetlands Orchards Flood plains Existing forests of 3 contiguous acres or more

State waters, shorelines, and associated buffers Specimen tree stands Steep mountain slopes Aquifer recharge areas

Steep slopes of 35% or greater Slopes between 25% and 35% Historic and Archeological sites Trails Trailheads constructed with pervious materials

connecting to identified County trails

19-3.3 Guidelines for Secondary Conservation Areas. The following section provides standards and guidelines for establishing and protecting secondary conservation areas. Because each site is unique, not all of the following apply; however the applicant shall identify features that apply to the subject site and shall identify which of the following will be incorporated into the development in order to meet the design intent of this district.

(A) Site Values. Priorities for conserving or developing secondary conservation areas should be based on an understanding of what on the given property is more special, unique, irreplaceable, environmentally valuable, historic, scenic, etc., compared with other similar features and in relationship to neighboring parcels. (B) Site Homes at Edges of Fields. Conservation subdivisions should minimize the number of homes sited in open fields, if pasture and meadow preservation are principal objectives. Residences should be located adjacent to forest edges and tree save areas. Maintain irregular field edges when they occur. (C) Preserve Agricultural Structures. Existing agricultural structures such as barns should be preserved where possible. (D) Aquifer Recharge Areas. Conservation subdivisions may be restricted within significant groundwater recharge areas due to an inability to comply with rules for environmental planning criteria as adopted by the Georgia Department of Natural Resources, Environmental Protection Division, as may be adopted and implemented by Forsyth County. (E) Soils. Development on soils with high erosion susceptibility is discouraged. (F) Steep Slopes. Where possible, structures should not be placed at the top of ridge lines, and building envelopes should not include ridge lines, in order to preserve the natural view of ridges. Structures required to be sited in steeply sloping areas should have their heights lower than the ridge line. Lots


with slopes of twenty five (25) percent or more are discouraged because they: 1) may not ensure the provision of yards suitable for lawns and play areas; 2) pose challenges with respect to septic tank drain fields; and 3) pose erosion control concerns. (G) Buffers and Screening. (1) Conservation subdivisions in all zoning districts shall provide a twenty-five (25) foot exterior buffer

with the exception of Res1, which shall provide a fifty (50) foot exterior buffer, and Res2, which shall provide a thirty-five (35) foot exterior buffer.

(2) Neither exterior buffers nor stream buffers shall be incorporated within individual residential lots. (H) Scenic Views, Sites, and Vistas. Scenic views, sites, and vistas should be unblocked and uninterrupted. Views can be created or opened up further by pruning limbs and selectively removing trees, as opposed to clear-cutting. (I) Active Recreational Facilities. Active recreational facilities, if provided, shall not be located in the primary or secondary conservation areas; pervious surface pedestrian pathways may be allowed. Active recreational facilities shall not count toward required open space. (J) Golf Courses prohibited. Golf courses do not comply with the conservation intent of this chapter and thus are not permitted uses.

19-3.4 Required Open Space Specifications. (A) Percent of Site Area. Each conservation subdivision shall provide a minimum of forty percent (40%)

of its total land area as open space, as defined by this Code. If the total amount of open space provided is comprised of sixty (60%) percent or more secondary conservation area, the overall total open space amount required shall be reduced to thirty (30%) percent of the total land area. Exterior buffers cannot be counted towards this secondary conservation area total.

(B) Minimum Size. The minimum size of a conservation subdivision shall be twenty-five (25) acres and shall include no less than five (5) acres of contiguous open space; the purpose of this minimum open space acreage is to avoid prospects where minor subdivisions are proposed simply to reduce lot sizes and development costs or that provide only small, scattered open spaces that would not functionally contribute to the overall open space network of the County.

(C) Permitted Uses. See definitions of primary conservation area, secondary conservation area, active recreational facility, and open space. The County may permit part of the open space within a conservation subdivision to be retained in the hands of the original farmer or leased to a farmer for agricultural uses. Uses not expressly authorized via the rezoning and/or sketch plat process are prohibited.

(D) Limits of Disturbance. No mass clearing or mass grading shall be permitted in the primary or secondary space; encroachments for infrastructure and stormwater shall be granted only for perpendicular buffer crossings that have been reviewed and approved per Chapter 18, Article XI.

19-3.53.2 Standards for Designing Open Space Networks. This section provides standards and guidelines for establishing open space networks.

(A) Minimum Width. The width of any open space tract shall be at least twenty-five (25) feet. (B) (A) Location. When a conservation subdivision site abuts an existing conservation area, park, nature

preserve, or public undeveloped land, such as the 1085 line of the U.S. Army Corps of Engineers around Lake Lanier, conservation areas shall be designed so that they are located along the common boundary line.

(C) (B) Pedestrian and Multi-purpose Paths Trails. Open spaces shall provide for pedestrian and/or multi-use paths trails, between five (5) ten (10) and eight (8) twelve (12) feet wide and shall be designed to connect with a sidewalk network and/or as functional function as pathways to common area and/or amenity destinations. Paths Trails are required to be located external to individual residential lots and are not intended to be accessed via easements through individual residential lots. No path trail located within open space may include impervious materials. Motorized vehicles shall not be permitted on trails systems except for maintenance, construction, or public safety purposes. This prohibition shall be included within the required covenants. Where appropriate and convenient, such pedestrian and multi-purpose paths trails should be made handicapped accessible. Connection to off-site County trails is strongly encouraged.

(D) (C) Path Trail/Street Crossings. Where path trail systems cross an internal subdivision street, the access points should shall be directly across from each other, clearly identified both to the motorist and pedestrian, and located with appropriate sight distance as determined by the Director of Engineering, subject to the approval of the Engineering Department. Where a path trail crosses any County road not


interior to the subdivision, the path trail should shall be grade separated (i.e., by a tunnel or bridge), or located at a traffic control device approved by the Director of Engineering and Planning Director.

(E) Prohibited from Lots. Paths are not intended to be accessed via easements through individual residential lots. Paths are required to be located external to individual residential lots.

(D) Limits of Disturbance. No mass clearing or mass grading shall be permitted in the primary or secondary conservation areas; encroachments for infrastructure and stormwater shall be granted only for perpendicular buffer crossings that have been reviewed and approved per Chapter 18, Article XI.

(E) Tree Cover. Preservation and enhancement of existing tree canopy is strongly desired and encouraged wherever possible.

(F) Steep Slopes. Where possible, structures should not be placed at the top of ridge lines, and building envelopes should not include ridge lines, in order to preserve the natural view of ridges. Structures required to be sited in steeply sloping areas should have their heights lower than the ridge line. Lots with slopes of twenty-five percent (25%) or more are discouraged because they: 1) may not ensure the provision of yards suitable for lawns and play areas; 2) pose challenges with respect to septic tank drain fields; and 3) pose erosion control concerns.

(G) Permitted Uses. See definitions of primary conservation area, secondary conservation area, active recreational facility, and open space. For the purposes of this chapter, open space may be used for primary conservation area and secondary conservation area. Pervious surface pedestrian pathways trails for passive recreation may be allowed. The County may permit part of the open space within a conservation subdivision to be retained in the hands of the original farmer or leased to a farmer for agricultural uses. Uses not expressly authorized via the rezoning and/or sketch plat process are prohibited.

(H) Active Recreational Facilities. Active recreational facilities, if provided, shall not be located in the primary or secondary conservation areas and shall not count toward required open space; pervious surface pedestrian pathways may be allowed.

(I) Golf Courses Prohibited. Golf courses do not comply with the conservation intent of this chapter and thus are not a permitted uses.

19-3.6 Conservation Easement Required. All primary conservation areas, and all secondary conservation areas shown on the rezoning application site plan and/or sketch plat and required to be retained as open space, shall be permanently protected from further subdivision, development, and unauthorized use, by a conservation easement. A conservation easement, as defined by this Code, shall be approved by Forsyth County and 1) co-signed by Forsyth County and donated to a conservation organization or land trust; or 2) co-signed by Forsyth County and donated to a homeowners association; or 3) donated to Forsyth County if accepted by the County. Copies of the draft easements and delineation of primary and secondary conservation areas shall be submitted for review concurrent with the submittal of a land disturbance permit application.

19-3.7 Guidelines for Drafting Conservation Easements. The following guidelines are offered for drafting conservation easements and may be required:

(A) The easement recognizes and describes in a statement of purpose the special qualities of the property subject to the easement. Preferably, conditions within the tract subject to the conservation easement are shown by map and/or photograph.

(B) The easement clearly identifies the owner of the property subject to the easement, the holder of the easement, and co-signer, and the responsibilities of the property owner, easement holder, and co-signer.

(C) The easement specifically and clearly identifies the boundaries of the property subject to the easement, preferably by metes and bounds legal description and survey plat.

(D) The easement contains restrictions as to what the owner may do with the property and specifically delineate what may not be done with the property. Limitations may include but may not be confined to prohibitions against subdivision, earthmoving, dumping, signs, utility lines, construction, changes to existing structures, and uses made of the property.

(E) The easement provides for the right of the easement holder and co-signer to inspect the property to assure observance of restrictions. It also provides for enforcement procedures.

(F) The easement provides for the maintenance of property. (G) The easement contains provisions governing its amendment, including provisions that the easement shall

not be altered except with the express written permission of the easement holder, property owner, and any co-signers.


19-3.8 Required Ownership of Open Spaces. In addition to a conservation easement, the open space shall be permanently protected through ownership either by a homeowners association or by Forsyth County, if accepted by the County, in accordance with this article.

19-3.9 Homeowners Association. Open spaces may be owned and managed in common by a homeowners association, subject to the following requirements:

(A) The developer of the conservation subdivision shall provide to the Director for approval, prior to the approval of a final plat, a description of the homeowners association, including bylaws and methods for maintaining open space.

(B) The homeowners association shall be established by the conservation subdivision developer and endowed with a financial subsidy from the developer prior to the approval of a final plat on the property involving a conservation subdivision.

(C) Membership of each non-open space lot owner in the conservation subdivision shall be mandatory (required) and automatic.

(D) The homeowners association shall be responsible for maintenance, insurance, and taxes on the open space within the conservation subdivision. The association shall be required to assess dues for the maintenance of open space, purchase of insurance, and payment of taxes, unless another income source is proven to be available. Members of the association shall share equitably the costs of open space development and maintenance as indicated in bylaws. The association shall be empowered with the legal ability to place liens on non-open space lot owners for failure to pay association dues.

(E) Said homeowners association shall not be dissolved without the consent of the Board of Commissioners. If common ownership of open spaces by a homeowners association is proposed and approved, then open spaces shall be subject to permanent deed and final plat restrictions or covenants on the future use, development, and subdivision of open spaces, in addition to the requirement of a conservation easement.

(F) The Board of Commissioners may require that the homeowners association establish a minimum amount of funds to be initially deposited and maintained in a maintenance account.

19-3.10 Fee Simple Dedication to Forsyth County. Dedication in fee-simple ownership to the public for recreational and/or open space use, is a possible mechanism for the permanent retention and maintenance of open spaces within the conservation subdivision, at the sole discretion of the Board of Commissioners, and subject to the following:

(A) Dedication to the County shall only be approved if the Board of Commissioners finds that the size, shape, location, type of open space, or cost of development or maintenance of such open space or the availability of open space would make public ownership desirable or necessary.

(B) The decision to accept open spaces for fee simple public ownership shall be at the sole discretion of the Board of Commissioners but guided by recommendations of the Planning Director, Planning Commission, the Comprehensive Plan as it pertains to open space acquisition, and the County Parks and Recreation Director.

(C) The Board of Commissioners generally will require dedication of all open space or park and recreation areas indicated for acquisition in the County’s Comprehensive Plan or capital improvement program.

(D) The Board of Commissioners may require a maintenance bond or other financial security with a duration of twelve (12) months following public acceptance in an amount sufficient to ensure that such lands do not cause unwarranted public expenditures because of faulty conditions or construction. The Board shall have authority to cash said bond in the event substandard conditions or construction are evident. Otherwise, following the one year period following public dedication, with satisfactory performance, the Board shall return the performance bond to the subdivider.

(E) In addition to the required conservation easement, a deed for open space lands in a form acceptable to the County Attorney in favor of Forsyth County shall be signed and recorded prior to the approval of any final plat pertaining to land within the conservation subdivision.





FIGURE 19.1 CONSERVATION SUBDIVISION DESIGN PROCESS


ARTICLE IV, DETERMINING LOT YIELD:

19-4.1 Maximum Number of Lots. In conservation subdivisions, lot sizes are allowed to be smaller than typically found permitted in conventional subdivisions. The minimum lot size shall be as provided in table 19.1(a) 19.2 in section 19-5.1, so as to ensure that lots created will not be substantially out of character with lot sizes in conventional subdivisions within the same zoning district. The development should must, however, be density neutral i.e., the overall number of dwellings allowed should must be no more than the total number of dwellings a conventional subdivision layout would yield. The applicant may choose one (1) of the methods below to determine the maximum number of lots. The greater of option (A) or (B) is the maximum allowed lots.

(A) Yield Plan. A yield plan shows the site developed as a conventional subdivision and the maximum number of lots the site would theoretically yield. The design of the yield plan must be realistic and account for areas that cannot be developed such as flood plain, stream buffers and wetlands.

(B) Adjusted Tract Acreage Method. This calculation deducts the adjusted constrained lands from the gross tract acreage. The resulting net tract acreage is then multiplied by the zoning district density. The process for this calculation is described as follows: (1) Determine the constrained lands. Identify all land in the following categories:

(a) Slopes over thirty-five percent (35%) of at least five thousand (5,000) square feet contiguous area.

(b) The 100-year flood plain. (c) Wetlands that meet the definition of the Army Corps of Engineers pursuant to the Clean Water

Act. (d) Area of land in stream buffers as required by federal, state or local regulations. (e) Area of land designated for construction of roads and associated right-of-way. (f) Area of all impervious surfaces associated with amenities, including but not limited to parking

areas, tennis courts, swimming pools, clubhouses and other impervious surfaces. (2) Calculate the adjusted constrained lands by multiplying the total area of land in items (a) through

(d) by fifty percent (50%) and adding one hundred percent (100%) of area of land in (e) and (f). (2) Determine the net tract acreage. The net tract acreage is calculated by subtracting the adjusted

constrained lands from the gross tract acreage of the property to be developed. (3) The number of allowed lots is determined by multiplying the net tract acreage by the zoning district

density as listed in Table 19.2 in section 19-5.1.

Example scenario: 100 Acre Property 10 Acres of Wetlands (x 50%) 10 Acres of Slopes (x 50%) 15 Acres of Roads/ROW/Amenity 1.5 u/a Res2 Density

100 ac Total acreage -25 ac (20 x 50%) + 15 Adjusted constrained lands = 75 ac Net acreage x 1.5 u/a Res 2 density = 112 max lots Max lots

ARTICLE IVV, SITE DESIGN STANDARDS AND GUIDELINES FOR LOT CONFIGURATIONS AND BUILDING ORIENTATIONS:

19-4.15.1 In a conventional subdivision, drawing lot lines to meet zoning requirements are one of the first steps in the design process. Identifying house locations should be the third step in the conservation subdivision design process, aAfter determining primary and secondary conservation areas. The following This article provides standards and guidelines for conservation subdivisions.

(A) Performance standards shall be in accordance with table 19.2 below. (B) Homes shall not front directly on off-site streets.


(C) Each lot No less than eighty-five percent (85%) of lots shall be entirely abutted on at least one (1) side by open space, unless a design constriction justifies a lot to not meet this criterion (maximizing number of lots does not constitute an acceptable justification). A written notation shall be included to explicitly explain the design constraint for the particular lot.

(D) Lot widths shall be according to the table below:

TABLE 19.1 MINIMUM LOT WIDTH FOR CONSERVATION SUBDIVISIONS BY ZONING DISTRICT

Zoning District Minimum Lot Width Res1 85 feet

Res2 40% of lots to be 90 feet 30% of lots to be 80 feet 30% of lots to be 75 feet

Res3 60 feet R1R 60 feet CR1 60 feet R1 60 feet

R2R 60 feet R2 60 feet LR 60 feet

(E) Lots that back up onto permanent open space can be shallower in depth because the existence of open space extends the perceived depths of such lots. (D) The minimum setback for buildings and structures on lots abutting primary conservation areas to the rear

or side lot line shall be seventy-five (75) feet along the adjoining lot line and all points therein. (E) Fencing should not be provided in between lots and shall not be permitted on the perimeter of

conservation subdivisions or abutting conservation areas. Fencing is prohibited unless otherwise required by State or County rules or regulations.

(H) For all permitted zoning districts except RES1, setbacks for front, side and rear lot lines shall be a minimum of fifteen (15) feet from the front lot line (measured from the edge of the dedicated right of way or from access alley easement), five (5) feet from the side lot line, with a minimum of twenty (20) feet between structures, twenty (20) feet from the rear lot line and fifty (50) feet exterior.

(F) This chapter does not establish maximum lot sizes and maximum lot widths. However, conservation subdivision designers should strongly consider limiting the size and widths of lots to avoid the look of conventional subdivisions. In most instances, lots in conservation subdivisions should not exceed the minimum lot sizes and lot frontages specified for the zoning district in which it is located.

(I) For conservation subdivisions in RES1, setbacks for front, side and rear lot lines shall be a minimum of twenty (20) feet from the front lot line (measured from the edge of the dedicated right of way or from access alley easement), ten (10) feet from the side lot line, with a minimum of twenty-five (25) feet between structures, twenty (20) feet from the rear lot line and seventy-five (75) feet exterior.

(J) For conservation subdivisions in Res1 and Res2, the minimum heated home size shall be two thousand (2,000) square feet.

(G) Conservation subdivisions in all zoning districts shall provide an exterior buffer. The size of the exterior buffer is determined by the size and zoning of the lot proposed adjacent to the exterior buffer of the conservation subdivision and shall be in accordance with table 19.3 below. In the event that the subject property is abutted by more than one zoning along a property line, the largest of the adjacent buffer sizes shall determine the buffer size required on the subject property for that property line.

(H) Neither exterior buffers nor stream buffers shall be incorporated within individual residential lots.


TABLE 19.2 PERFORMANCE STANDARDS

RES1 RES2 RES3 RIR CR1 R1 R2R R2 LR

Minimum lot size

10,500 square

feet with an avg.

of 12,500 square

feet

9,000 square feet with an avg. of 12,500 11,000

square feet

7,500 square

feet with an avg.

of 9,000 square

feet

12,000 square

feet

9,000 square

feet

16,000 square

feet

9,000 square

feet

12,000 square

feet

9,000 square

feet

Front Setback

20 feet* 15 feet* 15 feet* 15 feet* 15 feet* 15 feet* 15 feet* 15 feet* 15 feet*

Side setback

10 feet 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet

Minimum distance between

structures


Rear setback


Exterior setback


Minimum lot width

85 feet

40% of lots at 90 feet

30% of lots at 80 feet

30% of lots at 75 75 feet

60 65 feet

60 feet 60 feet 60 feet 60 feet 60 feet 60 feet

Minimum heated

home size

2,000 square

feet

2,000 square

feet

2,000 square

feet N/A N/A N/A N/A N/A N/A

Maximum lot

coverage

50% (Note 1)

50% (Note 1)

50% (Note 1)

50% (Note 1)

50% (Note 1)

50% (Note 1)

50% (Note 1)

50% (Note 1)

50% (Note 1)

Maximum density

1.0 upa

1.5 upa

1.8 upa

1.45 upa 2.2 upa

1.09 upa 1.98 upa 1.45 upa 1.71 upa

*Measured from the edge of the dedicated right-of-way or from access alley easement. Notes Table 19.2 (1) Maximum lot coverage for the purposes of this chapter means the percentage of the lot covered by all structures

including primary and any accessory buildings, however lot coverage does not include other impervious surfaces such as driveways, pools, at grade patios or at grade pool decks.


TABLE 19.3 MINIMUM EXTERIOR BUFFER

Adjacent Zoning Res1 Res 2 Res3 Agricultural 60’ 60’ 100’ Commercial 30’ 30’ 30’ Industrial 50’ 50’ 50’ Res1, R1 50’ 50’ 75’ Res2, R2R, R2, R1R, LR 25’ 35’ 50 Res3, Res4, Res6, CR1, CR2, OSR 25’ 25’ 25’

ARTICLE V, REQUIREMENTS:

19-5.1 Density, Lot Size and Yield Plan. In conservation subdivisions, lot sizes are allowed to be smaller than typically found in conventional subdivisions. The minimum lot size shall be as provided in Table 19.1(a), so as to ensure that lots created will not be substantially out of character with lot sizes in conventional subdivisions within the same zoning district. The development should, however, be density neutral i.e., the overall number of dwellings allowed should be no more than the total number of dwellings a conventional subdivision layout would yield. For this reason, the applicant shall develop a yield plan which shows the site developed as a conventional subdivision and the maximum number of lots the site would theoretically yield. The design of the yield plan must be realistic and account for areas that cannot be developed such as floodplain, stream buffers and wetlands.

TABLE 19.1(a) MINIMUM LOT SIZES FOR CONSERVATION SUBDIVISIONS BY ZONING DISTRICT

Zoning District Minimum Lot Size Res1 12,500 Res2 12,500 Res3 9,000 R1R 12,000 CR1 9,000 R1 16,000

R2R 9,000 R2 12,000 LR 9,000

19-5.2 Sewage Treatment and Disposal Systems. A conservation subdivision must be served by Public

Sewer or Existing Private Sewage Treatment Plant with sufficient capacity.





ARTICLE VI, DESIGN STANDARDS AND GUIDELINES FOR STREETS:

19-6.1 Introduction. After identifying all primary conservation areas, secondary conservation areas, potential development areas, and house sites, the fifth step in the conservation subdivision design process is to design the street alignments. Lot lines are drawn as a fourth step, after the open spaces, house sites, and road network have been determined. This article provides standards and guidelines for designing streets serving conservation subdivisions. While the entire set of items below are not requirements, site plans shall demonstrate substantial compliance with the following standard practices of developing true conservation subdivision design.

(A)19-6.2 Location and Alignment. Designers should avoid crossing wetlands with streets where possible. Existing farm roads should be incorporated into conservation subdivision designs. Roads should follow existing contours with a minimum of cut and fills and disturbance for construction. In cases where agricultural protection or meadow preservation is a primary objective, new roads should be placed along the edge of a field, rather than through the middle, so as to be less intrusive on the open space character of the tract.

(B)19-6.3 Lengths and Curves. The length of roads should be minimized to reduce costs and aesthetic impacts. Long, straight road segments should be avoided. Curvilinear designs are preferred for rural conservation subdivisions. Streets should be curved and aligned to produce vistas of open space elements, where possible. Short, straight, interconnected streets (i.e., grid patterns) are appropriate for village areas when included in conservation subdivisions.

(C)19-6.4 Separate Travel Lanes. Where necessary, the directional travel lanes should split or curve apart to protect natural features. In cases where travel lanes are split or curve apart, the minimum width of each travel lane should be ten (10) feet in paved width.

(D)19-6.5 Right-of-Way and Clearance. Rights-of-ways should be only wide enough to accommodate the required street width improvement, adequate shoulder bases for utilities, bikeways and/or walkways, and open storm drainage ditches at appropriate bank slope. Drainage easements may be provided in lieu of expanding the right-of-way for drainage ditches if approved by the Director of Engineering. The entire right-of-way may not necessarily have to be cleared if it can be shown to the satisfaction of the Director of Engineering that remaining trees or other features do not pose a traffic safety hazard.

(E)19-6.6 Connections. Streets shall be connected with one another unless doing so involves traversing designated Conservation Areas; preferably streets connect in three-way intersections, so that the number of dead ends are minimized. An exception will be allowed when a street connection would cross conservation areas and break up open space amenities, in which case 19-6.7 19-6.1(F) provisions shall govern. Whenever possible, streets should be designed to connect with adjoining properties.

(F)19-6.7 Cul-de-Sacs. Traditional cul-de-sacs are discouraged. Cul-de-sacs create large expanse of impervious cover and increase the amount of stormwater runoff. As such, street loops, “hammerhead” and/or cul-de-sac with planted centers meet the intent and purpose of Conservation Subdivision districts and shall be the preferred design option are strongly encouraged for non-connecting street ends. Cul-de-sacs with planted centers shall increase in diameter to accommodate the planted center. All plans for cul-de-sacs with planted centers shall be approved by the Department of Engineering. See also Figures 19.4 and 19.5 of Conservation Subdivisions that feature design solutions to the traditional cul-de-sac.

(G)19-6.8 Reverse Curves. For roads serving less than 2,000 average daily traffic trips and where speed limits are controlled to prevent high-speed traffic, reverse curves (consecutive left and right curves without a straight segment separating them) are considered appropriate and may be encouraged, subject to the approval of the Director of Engineering.

(H)19-6.9 Single-Loading Streets. “Single-loading streets” (i.e., having houses only on one side) are considered appropriate and encouraged, particularly around village greens or neighborhood commons.

(I)19-6.10 Curbs and Drainage. Because curbs detract from rural character of conservation subdivisions, natural drainage systems are encouraged in lieu of curbs in conservation subdivisions located in rural areas. Existing natural drainage ways should be retained where possible. The Director of Engineering may require curbs when in his/her opinion curbs are considered essential to adequately handle storm drainage and allow for the placement of underground utilities. Curbs and gutters shall be required and installed in accordance with Forsyth County Construction Standards and Specifications, unless otherwise approved by the Director of Engineering.

(J)19-6.11 Street Trees. Street tree plantings are encouraged, provided that they are located so as not to present a traffic safety hazard, as determined by the Director of Engineering.

(K)19-6.12 Sidewalks. Concrete or asphalt sidewalks may detract from the character of rural conservation subdivisions. The use of pervious materials is strongly encouraged. Safe access for pedestrians and bicyclists should


be provided via a trails system in the open spaces and where needed along the improved or semi-improved shoulders of roads. No trail located within open space may include impervious materials.

(L)19-6.13 Signage. In cases where it is determined that signs identifying street entrances to conservation subdivisions are appropriate, the signage should be limited to one monument sign per entrance to the off-site road with an area not to exceed eight (8) square feet, constructed of natural materials (i.e., wood or stone) with landscaping at the base of the monument. This provision is not intended to apply to traffic safety signs within public rights-of-ways; provided, however, that traffic safety signs should be constructed of materials compatible with the conservation subdivision as opposed to following standard County specifications, subject to approval of the Director of Engineering. ARTICLE VII, PROCEDURES:

In addition to the application procedures for zoning approval, sketch plat approval, preliminary and final plat approval, as specified in Chapter 18 of this Code, conservation subdivisions shall comply with the following procedures.

19-7.1 Pre-application Conference. A pre-application conference with the department is required at least fourteen (14) days prior to the submission of a rezoning or sketch plat application, including those submitted as conceptual plans as part of a rezoning application. At the time of a pre-application conference, an Existing Features and Site Analysis Report, as detailed in section 19-7.2, shall be submitted and a site visit, as detailed in section 19-7.3, shall be scheduled. In the event amendments to the Existing Features and Site Analysis Report are necessary as a result of information gathered during the site visit, an updated report shall be submitted in accordance with 19-7.3. Refer to figure 19.2 for guidance on the order of procedures. At the applicant’s request, the department shall make available all relevant information about primary and secondary conservation areas, including soil survey, natural resource maps, and geographic information., The department may charge for which reasonable reproduction costs for this information may be charged. Ideally, the pre-application conference will be preceded by the submittal of a boundary survey of the property to be subdivided with sufficient time for the Department to collect applicable information.

19-7.2 Existing Features and Site Analysis Report. The applicant shall submit an analysis of existing features on the site, to at minimum include the following: The purpose of the existing features and site analysis report is to familiarize County staff with existing site conditions and shall form the basis for the development design as shown on the concept plan. This report shall consist of a map and narrative identifying and describing all important existing site features in accordance with the list below and shall be sealed by a registered engineer or landscape architect to ensure accuracy. The following features shall be included where applicable:

(A) Significant wildlife habitats, if any. If information on habitats is not available, the wildlife potential of various soil types on the site shall be identified and examined included with the soil analysis.

(B) Soils, including analysis of suitability for septic tanks, and erosion potential as shown on the National Cooperative Soil Survey developed by the National Resources Conservation Service.

(C) Wetlands as shown as shown on the National Wetlands Inventory developed by the United States Fish and Wildlife Service.

(D) Flood plains. Areas of 100 year flood plain as identified on flood hazard boundary maps or flood insurance rate maps developed by the Federal Emergency Management Agency.

(E) Steep mountain slopes and steep slopes of thirty-five (35%) percent or greater as defined by this Code. (F) Slopes between twenty-five (25%) percent (25%) and thirty-five (35%) percent (35%). (G) Historic, archaeological, and cultural features. Applicant shall refer to the Forsyth County Historic

Resources Survey and data from the State Archeologist (Historic Preservation Division of the Department of Natural Resources) when developing in areas of suspected cultural and/or historical resources. Photos of such features, if existing, shall be required.

(H) Tree cover, existing forests including acreage, and/or specimen tree stands with critical root zone identified per the Forsyth County Tree Ordinance.

(I) Orchards. (J) Open meadows and/or pastures including acreage. (K) Views into and out from the site, and any scenic qualities. Photos and/or illustrations shall be required. (L) Aquifer recharge areas as shown on Hydrogeologic Atlas 18 developed by the Georgia Department of

Natural Resources.


19-7.3 Site Visit. The purpose of the site visit is to familiarize staff with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of the designated open space areas and potential locations for proposed buildings and street alignments. Comments made by staff regarding design shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations will be offered, and no official decisions can be made during the site visit. In the event that staff determines that existing site features have not been fully represented within the Existing Features and Site Analysis Report, the applicant shall amend the report and submit it to accompany other application requirements in accordance with sections 8-5.4 and 8-5.5 of this Code, adhering to required departmental deadlines.

19-7.4 Yield Plan or Adjusted Tract Acreage Method. Along with all other required documents and site plan submittals for rezoning and/or sketch plat applications, applicants shall submit one (1) of the following: a yield plan that demonstrates the number of lots that would be generated if the site were developed as a conventional subdivision.

(A) A yield plan that demonstrates the number of lots that would be generated if the site were developed as a conventional subdivision, or

(B) An adjusted tract acreage calculation detailing the values used to arrive at the maximum number of lots in accordance with section 19-4.1(B).

FIGURE 19.2 PROCEDURES

Pre-application Conference

Site Visit

Application Submittal for Zoning Review

ARTICLE VIII, EASEMENTS AND OWNERSHIP:

19-8.1 Conservation Easement Required. All primary conservation areas, and all secondary conservation areas shown on the rezoning application site plan and/or sketch plat and that are required to be retained as open space, shall be permanently protected from further subdivision, development, and unauthorized use, by a conservation easement. A conservation easement, as defined by this Code, shall be approved by Forsyth County and 1) co-signed by Forsyth County and donated to a conservation organization or land trust; or 2) co-signed by Forsyth County and donated to a homeowners association; or 3) donated to Forsyth County if accepted by the County. Copies of the draft easements and delineation of primary and secondary conservation areas shall be submitted for review concurrent with the submittal of a land disturbance permit application.

19-8.2 Guidelines for Drafting Conservation Easements. The following guidelines are offered for drafting conservation easements and may be required:

(A) The easement recognizes and describes in a statement of purpose the special qualities of the property subject to the easement. Preferably, conditions within the tract subject to the conservation easement are shown by map and/or photograph.


(B) The easement clearly identifies the owner of the property subject to the easement, the holder of the easement, and co-signer, and the responsibilities of the property owner, easement holder, and co-signer.

(C) The easement specifically and clearly identifies the boundaries of the property subject to the easement, preferably by metes and bounds legal description and survey plat.

(D) The easement contains restrictions as to what the owner may do with the property and specifically delineate what may not be done with the property. Limitations may include but may not be confined to prohibitions against subdivision, earthmoving, dumping, signs, utility lines, construction, changes to existing structures, and uses made of the property.

(E) The easement provides for the right of the easement holder and co-signer to inspect the property to assure observance of restrictions. It also as well as provides for enforcement procedures.

(F) The easement provides for the maintenance of property. (G) The easement contains provisions governing its amendment, including provisions that the easement shall

not be altered except with the express written permission of the easement holder, property owner, and any co-signers.

19-8.3 Required Ownership of Open Spaces. In addition to a conservation easement, the open space shall be permanently protected through ownership either by a homeowners association or by Forsyth County, if accepted by the County, in accordance with this article.

19-8.4 Homeowners Association. If Oopen spaces may be is owned and managed in common by a homeowners association, it shall be subject to the following requirements:

(A) The developer of the conservation subdivision shall provide a description of the homeowners association, including bylaws and methods for maintaining open space, to the Planning Director for approval, prior to the approval of a final plat, a description of the homeowners association, including bylaws and methods for maintaining open space.

(B) The homeowners association shall be established by the conservation subdivision developer and endowed with a financial subsidy from the developer prior to the approval of a final plat on the property involving a conservation subdivision.

(C) Membership of each non-open space lot owner in the conservation subdivision shall be mandatory (required) and automatic.

(D) The homeowners association shall be responsible for maintenance, insurance, and taxes on the open space within the conservation subdivision. The association shall be required to assess dues for the maintenance of open space, purchase of insurance, and payment of taxes, unless another income source is proven to be available. Members of the association shall share equitably the costs of open space development and maintenance as indicated in bylaws. The association shall be empowered with the legal ability to place liens on non-open space lot owners for failure to pay association dues.

(E) Said homeowners association shall not be dissolved without the consent of the Board of Commissioners. If common ownership of open spaces by a homeowners association is proposed and approved, then open spaces shall be subject to permanent deed and final plat restrictions or covenants on the future use, development, and subdivision of open spaces, in addition to the requirement of a conservation easement.

(F) The Board of Commissioners may require that the homeowners association establish a minimum amount of funds to be initially deposited and maintained in a maintenance account.

19-8.5 Fee Simple Dedication to Forsyth County. Dedication in fee-simple ownership to the public for recreational and/or open space use, is a possible mechanism for the permanent retention and maintenance of open spaces within the conservation subdivision, at the sole discretion of the Board of Commissioners, and subject to the following:

(A) Dedication to the County shall only be approved if the Board of Commissioners finds that the size, shape, location, type of open space, or cost of development or maintenance of such open space or the availability of open space would make public ownership desirable or necessary.

(B) The decision to accept open spaces for fee simple public ownership shall be at the sole discretion of the Board of Commissioners but guided by recommendations of the Planning Director, Planning Commission, the Comprehensive Plan as it pertains to open space acquisition, and the County Parks and Recreation Director.

(C) The Board of Commissioners generally will require dedication of all open space or park and recreation areas indicated for acquisition in the County’s Comprehensive Plan or capital improvement program.

(D) The Board of Commissioners may require a maintenance bond or other financial security with a duration of twelve (12) months following public acceptance in an amount sufficient to ensure that such lands do not cause unwarranted public expenditures because of faulty conditions or construction. The Board shall


have authority to cash said bond in the event substandard conditions or construction are evident. Otherwise, following the one (1) year period following public dedication, with satisfactory performance, the Board shall return the performance bond to the subdivider.

In addition to the required conservation easement, a deed for open space lands in a form acceptable to the County Attorney in favor of Forsyth County shall be signed and recorded prior to the approval of any final plat pertaining to land within the conservation subdivision. ARTICLE VIII IX, CRITERIA FOR APPROVAL:

19-8.19.1 Evaluation Criteria For Approval. In addition to the criteria listed in Article V of Chapter 8, evaluation criteria for a rezoning approval or sketch plat for a conservation subdivision shall be based on the extent to which the plan meets the following criteria:

(A) All primary conservation areas are protected as permanent open space. (B) A sufficient The required amount of secondary conservation areas are protected as permanent open

space, as opposed to being devoted to lots and other uses including but not limited to sewage treatment facilities, and storm water management. “Sufficient” means that secondary areas and meet the requirements established within section 19-3.23.1, but also meet the over-all intent of conservation design.

(C) The configuration of the secondary open space tract is contiguous and undivided. (D) The conservation subdivision meets the regulations specified in this Chapter. (D) The conservation subdivision meets applicable provisions of Chapter 18, subdivisions of this Code, to

the extent they are interpreted by the Planning Director to be applicable to a conservation subdivision. 19-8.29.2 Grounds for Denial. In addition to the criteria listed in Section 18-6.2 and Article V of Chapter 8

of this Code, approval or grounds for denial of a rezoning and/or sketch plat application for a conservation subdivision shall include but are not limited to the following:

(A) The application fails to fully identify primary and secondary conservation areas, or the amount of the requirements pertaining to secondary conservation areas have not been met are determined to be insufficient.

(B) The proposed method of sewage treatment is inappropriate for the site or found to be potentially dangerous to public health.

(C) One (1) or more of the lots within the conservation subdivision are too small to meet the minimum lot size established by this Cchapter.

(D) The street configuration does not provide for connectivity, or preserve natural features, or it is found to be inconsistent with the open space character of the subject property and its surroundings.

(E) The proposed open space network is divided, not functional, inconsistent with open space plans of the County, or does not provide for the protection of the most valuable secondary conservation areas on the site given the natural and scenic properties inherent on the site, as substantiated by photographs or other documentation.

(F) The proposed open space network fails to maximize the length of the common boundary between conservation areas on site and conservation areas or parkland abutting the conservation subdivision site.

(G) The rezoning application and/or sketch plat appears to be submitted for the major purpose of circumventing improvement requirements that would otherwise be required for conventional subdivisions pursuant to Chapter 18 of this Code.

(H) The design fails to incorporate standards and guidelines established herein, thus failing to comply with the intention of Conservation Subdivisions the chapter, and/or the yield plan indicates there is indication that the application was submitted for the major purpose of increasing lot yield only.

UDC MODIFICATIONS RELATED TO ARCHITECTURAL ELEVATIONS AND

CLARIFICATIONS WITHIN CHAPTER 8

Chapter 8, Zoning and Application Procedures Unified Development Code of Forsyth County Draft 11.17.20-8-8-

sketch plat process is also an opportunity to allow public participation with respect to those developments for which a sketch plat is required. All major subdivisions and any other land development requiring a permit for land disturbance that involves either a tract of land two (2) acres or more, or an area of disturbance two (2) acres or more, shall require the submission of a sketch plat to the director. However, it is not the intent of this Code to require an applicant who already has a site plan that was approved as part of a rezoning or conditional use application, to go through a public review process a second time for the same or substantially the same development. Accordingly, a sketch plat shall not be required for major subdivisions or said land development when the development proposal found by the director is substantially in accordance with the site plan on file in the department. Further, a sketch plat shall not be required if proposed land development is declared a targeted business or extraordinary project as defined and authorized by Section 22-256 of the County Code, and if the Board of Commissioners ratifies this declaration and authorizes such development to be exempted from the sketch plat process. If a proposed sketch plat does not substantially conform to the site plan on file, or if there is no development plan on file for the subject property, then a sketch plat approval shall be required. Prior to the issuance of any permit for land disturbance, the Board of Commissioners shall hold a public hearing and must approve the sketch plat if required. (1) Amendments to Approved Site Plans/Architectural Elevations/Sketch Plats. The director is

authorized to approve minor amendments to site plans/, architectural elevations, and sketch plats. Minor amendments shall include, but are not limited to, adjusting residential lot lines, modifying the layout of internal roads to a subdivision, or relocating open space, or applying architectural design standards that are equivalent to or more stringent than those previously approved. Any proposed amendment to a sketch plat that is determined by the director to constitute a public interest, that decreases the amount of open space by ten (10) percent or more, or that increases the density by ten (10) percent or more shall be deemed a major amendment. The relocation of an active amenities area from the interior to the exterior of the property or to a different location on the exterior of the property, reduction in minimum lot size, and change of proposed use shall constitute a major amendment. In addition, any proposed amendment that increases the amount of non-residential open display or outside storage by ten (10) percent or more or when the proposed amendment entails an expansion of an existing, non-residential building(s) by ten (10) percent or more shall constitute a major amendment. For all amendments to sketch plats determined to be major amendments, the Board of Commissioners shall be required to hold a public hearing, but such hearing shall be limited specifically to testimony regarding whether the proposed amendment should or should not be approved. The Board of Commissioners shall approve, conditionally approve, or deny the proposed major amendment to a sketch plat. Procedures for considering a major amendment to a sketch plat shall be the same as required for an initial application for sketch plat approval.

(E) Mobile Vending. Applications to allow the operation of mobile vendors on parcels of land permitted for such use as prescribed by this code shall be required in accordance with Chapter 8, Article XI, and Chapter 16, Article IV of this Code.

8-5.4 Application Requirements. All applications for rezonings, conditional use permits and sketch plats, not including county initiated applications, shall provide the information as specified in this section. If an applicant submits a variance or multiple variances simultaneously with a rezoning, conditional use permit or sketch plat application, a separate fee for each section of the Code being varied as well as a written justification shall be required as specified in 8-6.3 (B). Application requirements as specified in sections 8-5.4 (A), (B) and (D) through (H) shall be submitted with the Application for Zoning Review.

(A) Requirements for All Applications. All applications for rezonings, conditional use permits and sketch plats shall provide the appropriate information as specified in sections 8-2.1 (A) through (G) of this Chapter.

(B) Public Participation Plan. All rezoning, conditional use permits and sketch plat applications shall include a public participation plan in accordance with this section and as required by the department. This plan’s minimum requirements as contained in the public participation letter shall be submitted as part of a complete public participation report. (1) Purpose. The purpose of the public participation plan is to:

a) Ensure that applicants pursue early and effective citizen participation in conjunction with their applications, giving them the opportunity to understand and try to mitigate any real or perceived impacts their application may have on the community;


(D) Written Evaluation. All rezoning and conditional use permit applications which involve ten (10) acres or more shall include a written evaluation of the proposed project that considers each of the following factors: (1) How the proposed project is in conformance with section 10-1.8 of this Code; (2) The impact on the local population density pattern and public infrastructure, including but not

limited to schools, utilities and roads; (3) Whether there are substantial reasons why the property affected cannot be used in accordance with

existing zoning; (4) The extent to which the proposed changes are consistent with the Comprehensive Plan; and (5) Any other factors relevant to the balancing of interests in promoting the public health, safety,

morality or general welfare and in promoting the public health, safety, morality or general welfare with the right to reasonable use of property.

(E) Traffic Study. All rezoning, conditional use and sketch plat applications shall include a traffic study for any applications containing one hundred and fifty (150) or more residential units unless waived, or for less than one hundred and fifty (150) units if required, by the Director of Engineering.

(F) Title Opinion. All applications for rezoning, conditional use permit and sketch plat applications shall provide a title opinion issued by a duly admitted member of the State Bar of Georgia in good standing. In addition to confirming ownership of the subject property, the title opinion shall also identify and provide copies of any covenants, deed restrictions and easements encumbering the property and shall further identify whether any of the identified covenants, deed restrictions and/or easements prohibit the use being sought by the application. The title opinion shall be rendered no more than 120 days prior to the original Application for Zoning Review.

(G) Sewage Disposal. All rezoning and sketch plat applications shall identify and specifically describe a sewage disposal system that conforms to the requirements of this Code. If the project will be served by sewer, a pre-application meeting shall be required prior to submittal with the Forsyth County Water & Sewer Department and/or City of Cumming (whichever has jurisdiction) to identify the availability of sewer capacity and the location, connection and route of sewer lines. If applicant proposal relies upon future outlay of sewer, then a phasing plan shall be required that identifies: (1) how the project coincides or differs from the County Sewer Master Plan and (2) properties affected along the proposed sewer infrastructure, including showing proposed easements required for offsite sewer outfalls. County staff shall assess the implications of sewer access not anticipated by the County Sewer Master Plan, as per 8-5.5 (F) (2) (b) (vii).

(H) Disclosure of Campaign Contributions and Gifts to Public Officials. All rezoning, conditional use permit and sketch plat applications shall include disclosure, pursuant to the Forsyth County Code of Ethics (Forsyth County Resolution and Ordinance #77), of any campaign contributions and gifts equal to or greater than $100 given to any Forsyth County elected official within two years of the application filing date.

(I) Architectural Elevations. Any rezoning, conditional use permit or sketch plat application that involves residential uses shall include architectural elevation drawings, which shall illustrate the design of all building sides, exterior finish materials and construction details, if necessary, to clarify exterior features.

8-5.5 Procedures. All rezonings, conditional use permits and sketch plats, not including county initiated applications, shall comply with the following procedures as set forth in this article.

(A) Application for Zoning Review. All rezoning, conditional use permit and sketch plat applications require an Application for Zoning Review in conformance with the application requirements as set forth in section 8-5.4 of this Article. Each application will be subject to a Review of Application Completeness as specified in section 8-2.1 (A) (1). Upon acceptance of the application, the department shall schedule a Zoning Review Meeting for each application and forward all submittal information to other county staff for review and recommendations. The department will not accept revised or additional submittal materials unless requested by staff.

(B) Zoning Review Meeting. County staff will be available to discuss the rezoning, conditional use permit and sketch plat application and will provide a staff review to inform the applicant of additional necessary requirements as well as to provide a recommendation about the proposed project. If the date, time and location of the required public participation meeting were not submitted with the public participation plan, they shall be submitted at the Zoning Review Meeting. (1) Staff Review and Recommendation. At the Zoning Review Meeting, county staff will provide

the applicant with a written document specifying the following:


ARTICLE IX, ZONING CONDITION AMENDMENTS:

8-9.1 Purpose and Intent. It is the intent of this article to specify provisions for the filing and consideration of applications for zoning condition amendments. By requesting Board action regarding zoning conditions, the applicant may be subject to additional conditions given that the Board of Commissioners must review the application in its entirety in determining whether an amendment is warranted.

8-9.2 When Required. Applications for zoning condition amendments shall be required when land development or proposed land development may be unable to comply with the approved zoning conditions that were adopted by the Board of Commissioners during approval of a rezoning, conditional use permit, or sketch plat application. An application for a zoning condition amendment shall also be required to amend conditions as enacted by the Zoning Board of Appeals during an approval of a variance application. Applications for zoning condition amendments shall also be required to amend conditions placed on sketch plat applications for any application that was approved by the Planning Commission when they had jurisdictional decision making authority over sketch plat applications.

8-9.3 Application Requirements. All applications for zoning condition amendments, as defined by this Code shall provide the information as specified in this section. Changes in zoning conditions that conflict with other parts of this Code shall also require an approved variance which may be heard simultaneously by the Board of Commissioners. Permitted variances shall be in conformance with 8-6.2 and 8-6.3 of this Chapter. Applications for zoning condition amendments may be heard simultaneously on the same public hearing date as an associated sketch plat application provided however, said applications shall retain their separate application files and numbers.

(A) Requirements for All Applications. All applications for zoning condition amendments shall provide the appropriate information as specified in sections 8-2.1 (A) through (G) of this Chapter. (1) Site Plan. All site plans submitted for zoning condition amendments shall be submitted in

conformance with 8-2.1 (E). The site plan is only required if the requested language being modified involves a reconfiguration of the site plan approved as part of the original application. The reconfigured site plan shall only include changes that directly relate to the language being modified and shall not include any new site plan details which are not related to the language modifications. Depending on the scope of changes, the director may require the applicant to also submit a sketch plat application.

(B) Public Participation Plan. All zoning condition amendment applications shall include a public participation plan in accordance with section 8-5.4 (B) of this chapter, with the exception of public participation sign and public participation meeting.

(C) Public Participation Report. All zoning condition amendment applications shall include a public participation report in accordance with section 8-5.4 (C) of this chapter, except the report need not contain items related to a public participation meeting and the deadline for submittal of the report shall be per the deadline schedule as published by the department. (1) Incomplete Public Participation Report. The Public Participation Report shall be required prior

to the public hearing. If the Public Participation Report does not meet the criteria as set forth in the Public Participation Plan, section 8-5.4 (B), then the application shall be considered incomplete and shall be postponed from being scheduled for a public hearing.

(D) Written Evaluation. The applicant for a zoning condition amendment shall submit sufficient written information describing why the conditions cannot be met and the exact language of zoning conditions requested to be modified and as proposed to be modified. The written evaluation shall also include written justification for any request of variances as specified in 8-6.2 and 8-6.3(A) (1) and (B).

(E) Disclosure of Campaign Contributions and Gifts to Public Officials. All zoning condition amendment applications shall include disclosure, pursuant to the Forsyth County Code of Ethics (Forsyth County Resolution and Ordinance #77), of any campaign contributions/gifts equal to or greater than $100 given to any Forsyth County elected official within two years of the application filing date.

8-9.4 Procedures. All applications for zoning condition amendments shall comply with the following procedures:

(A) Application for Board Consideration. Applicants shall submit to the department an Application for Board consideration. The submittal shall be in conformance with the provisions set forth in Article II and this article. All applications determined complete by the department shall be subject to the following restrictions: (1) Applicant Changes. No changes shall be allowed to any Application for Board consideration

once it determined complete by the department, except as specified by the director.


PROCEDURAL CLARIFICATIONS


ARTICLE IV, AMENDING THE TEXT OF THIS CODE:

8-4.1 Purpose and Intent. The intent of this article is to specify provisions for amending the text of this Code.

8-4.2 Authority to Amend. The text of this Code may be amended from time to time only by the Board of Commissioners.

8-4.3 Statement of Policy. Amendments to this text will be made only if they bear a substantial relation to the public health, safety, morality or general welfare.

8-4.4 Procedures. Amending the text of this Code shall be made in accordance with the requirements of this Chapter or as specified by the director.

(A) Public Hearing. All applications to amend the text of this Code shall receive two public hearings in accordance with the provisions as set forth in Article III of this Chapter. (1) Planning Commission Recommendation. The Planning Commission shall make a

recommendation to the Board of Commissioners regarding amending the text of this Code. The Planning Commission’s recommendation shall be in the form of a motion for approval, approval with modifications, or denial. The Planning Commission shall strive to make a recommendation following the closure of the public hearing; however, the Planning Commission shall have thirty-one (31) days from the date of the public hearing to provide its recommendation to the Board of Commissioners. If the Planning Commission does not provide a recommendation within the thirty-one (31) days from the date of the public hearing, the department shall automatically schedule it for consideration by the Board of Commissioners without the benefit of a recommendation from the Planning Commission.

(2) Board of Commissioners Action. Upon completion of the public hearing and recommendation by the Planning Commission, or upon expiration of the thirty-one (31) day time period allowed for the Planning Commission to provide a recommendation, all amendments to the text of this Code shall be scheduled for a second public hearing by the Board of Commissioners in accordance with Article III of this Chapter. The Board of Commissioners may return it to the Planning Commission or the department, or both, for further study, or it may approve it. In addition, the Board may approve it with modifications, or it may deny it. Notwithstanding any other provision of this Code, the Board of Commissioners shall have the authority to remove, add to, or edit proposed amendments to the text of this Code that have already been the subject of a recommendation by the Planning Commission without returning such modifications to the Planning Commission. In such an event, the Board of Commissioners shall determine whether an additional public hearing is warranted and, if so, may conduct such public hearing. a) General Considerations for Decision. The following items shall be considered when

amending the text of this Code. (i) Amendments to this text will be made only if they bear a rational relation to the public

health, safety, morality or general welfare. (3) Board of Commissioner Decision. Board of Commissioner approval to amend the text of this Code

shall be in the form of a resolution or motion. 8-4.5 Director’s Responsibilities. The director shall conduct a continued study of the needs of the county

and shall, from time to time, prepare such modifications, revisions, or amendments to this Code, including the official zoning map and any adopted overlay district maps, as may be necessary to conform to the Comprehensive Plan, land use studies, major transportation plans, and other documents. The modifications, revisions, or amendments shall include such text providing definitions, specifications, and conditions as may be appropriate to the matter considered, as well as maps delineating any geographical changes. Submissions shall be made to Planning Commission and the Board of Commissioners.

ARTICLE V, REZONINGS, CONDITIONAL USE PERMITS, AND SKETCH PLATS:

8-5.1 Purpose and Intent. The intent of this article is to specify provisions for filing and consideration of rezonings; conditional use permits (CUP’s), and sketch plats.

8-5.2 Authority to Amend. The official zoning map may be amended from time to time through the rezoning process only by the Board of Commissioners. The Board of Commissioners is also the designated decision making authority on granting conditional use permit, and sketch plat approvals.

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N/F ROC III FAIRLEAD PARK AT WINDWARD CONCOURSE, LLC P.I.D. 044 019 D.B. 7979, PG. 308 ZONING: M1

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EXCEPTION #14(B) 4' WOOD RAIL FENCE P.B. 37, PG. 33

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EXCEPTION #14(A) LAND LOT LINE P.B. 5, PG. 53; P.B. 37, PG 33

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APPROXIMATE LAND LOT LINE

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LAND LOT 977

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EXCEPTION #14(B) PARCEL LINE P.B. 37, PG. 33

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FOUND CONC. R/W MONUMENT

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EXISTING ONE STORY BRICK BUILDING (OFFICE) 7,455+/- SQ. FT. HEIGHT = 18.0'+/- FFE = 1061.82 ADDRESS = 4000

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EXISTING ONE STORY METAL BUILDING (WAREHOUSE) 30,212+/- SQ. FT. HEIGHT = 22.8'+/- FFE = 1070.9 ADDRESS = 4010

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GEORGIA HIGHWAY 400 (US - 19) VARIABLE WIDTH/LIMITED ACCESS - PUBLIC R/W

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WINDWARD CONCOURSE VARIABLE WIDTH - PUBLIC R/W

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56.89'(M)(R)

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N 55°33'19" E 301.69'(M) 307.74'(R)

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101.93'(M) 101.87'(R)

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N 48°49'13" E 144.10'(C) 144.09'(R)

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N 49°01'39" E 189.71'(C)(R)

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S 55°44'48" E 368.09'(M) 368.23'(R)

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L1

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C1

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L2

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C2

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C3

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L3

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L4

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L5

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L6

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N 59°31'08" W 405.32'(M) 405.27'(R)

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N/F DAVIDSON REAL ESTATE, INC P.I.D. 022 001 D.B. 6723, PG. 359 ZONING: M1

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P/L

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R/W

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APPROXIMATE LOCATION SCALED FROM PRELIMINARY GDOT PLANS FEDERAL AID PROJECT CSHPP-0007-00(526) REQUIRED RIGHT-OF-WAY (SHADED AREA)

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PROPOSED ESMT. FOR CONSTRUCTION & MAINTENANCE OF DRAINAGE CSH99-0007-00(526)

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SATELLITE DISH

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434,994 SQ. F.T 9.99 ACRES

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40' BUFFER

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60' SETBACK

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50' B/L

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50' FRONT SETBACK

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15' SIDE SETBACK

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7

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7

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FILL

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FILL

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FILL

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FILL

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FILL

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13

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6

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VR

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DROP

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ZONE

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VR

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DROP

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ZONE

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25' LANDSCAPE STRIP

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25' LANDSCAPE STRIP

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TFR

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IDC-20

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IDC-20

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7

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FUTURE ON RAMP TO GEORGIA HIGHWAY 400 (US - 19)

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60' SETBACK

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40' BUFFER

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6' LANDSCAPE STRIP

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25' LANDSCAPE STRIP

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N/F ROC III FAIRLEAD PARK AT WINDWARD CONCOURSE, LLC P.I.D. 044 017 044 017 D.B. 7979, PG. 308 7979, PG. 308 ZONING: M1M1

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EXISTING R/W

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EXISTING R/W

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APPROXIMATE DELINEATION OF GEORGIA HIGHWAY 400 (US - 19)

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60' SETBACK (PER FUTURE GDOT PROJECT)

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40' BUFFER (PER FUTURE GDOT PROJECT)

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APPROXIMATE PROPOSED R/W

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EXISTING R/W

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(PER FUTURE GDOT PROJECT)

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50' FRONT SETBACK

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60' SETBACK (PER FUTURE GDOT PROJECT)

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40' BUFFER (PER FUTURE GDOT PROJECT)

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EXISTING R/W

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10

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IDB-20

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IDB-20

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CL-60-F

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6' LANDSCAPE STRIP

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BOUNDARY LINE

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CONCRETE CURB AND GUTTER

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PARKING SPACE INDICATOR

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AREA LIGHT

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MULTIPLE PRODUCT DISPENSER WITH CANOPY COLUMNS AND BOLLARDS

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FUEL SYSTEM ACCESS MANWAY

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TRANSFORMER

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TFR

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7

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MOUNTABLE CURB W/RADIUS PROTECTOR

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FILE LOCATION:Z:\All Project Data\Projects\2020\20-LD-017 QT 840 Alpharetta GA\LD\Production\Production Drawings\07-0840 Civil.dwg TAB NAME:CUP EXHIBIT USER:6695 SAVED:10/28/2020 12:18 PM PLOTTED:10/28/2020 12:18 PMZ:\All Project Data\Projects\2020\20-LD-017 QT 840 Alpharetta GA\LD\Production\Production Drawings\07-0840 Civil.dwg TAB NAME:CUP EXHIBIT USER:6695 SAVED:10/28/2020 12:18 PM PLOTTED:10/28/2020 12:18 PM TAB NAME:CUP EXHIBIT USER:6695 SAVED:10/28/2020 12:18 PM PLOTTED:10/28/2020 12:18 PMCUP EXHIBIT USER:6695 SAVED:10/28/2020 12:18 PM PLOTTED:10/28/2020 12:18 PM USER:6695 SAVED:10/28/2020 12:18 PM PLOTTED:10/28/2020 12:18 PM6695 SAVED:10/28/2020 12:18 PM PLOTTED:10/28/2020 12:18 PM SAVED:10/28/2020 12:18 PM PLOTTED:10/28/2020 12:18 PM10/28/2020 12:18 PM PLOTTED:10/28/2020 12:18 PM PLOTTED:10/28/2020 12:18 PM10/28/2020 12:18 PM

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PARKING CALCULATION: 1 SPACE/250 GFA = 1 SPACE (4993 SF/250 SF) = 20 SPACES 1 SPACE/EMPLOYEE = 1 SPACE (20 EMPLOYEES) = 20 SPACES REQUIRED PARKING SPACES = 40 SPACES MAX. PARKING SPACES (25% OF REQD.) = 50 SPACES 50 SPACES 50 SPACES PARKING SPACES PROVIDED = 50 SPACES BUILDING COVERAGE CALCULATION: LOT AREA = 9.99± AC.BUILDING SQUARE FOOTAGE = 4,993 SF BUILDING COVERAGE = 1.15% OPEN SPACE CALCULATION: LOT AREA = 9.99± AC.OPEN SPACE AREA = 8.39± AC.OPEN SPACE COVERAGE = 83.98%

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THE CUP IS FOR A CONVENIENCE STORE WITH FUEL PUMPS. THE CONVENIENCE STORE WILL OPERATE 24 HOURS PER DAY.

FORSYTH COUNTY

CONDITIONAL USE PERMIT

STAFF REPORT


LOCATION: This property is located at 4000 and 4010 McGinnis Ferry Road, Alpharetta, GA 30005.

CP200014 STAFF REPORT

PROJECT SUMMARY:Applicant is requesting to build a 4,993 sq. ft. convenience store with gas pumps with 50 parking spaces conducting around the clock business on 9.99 acres currently zoned Restricted Industrial District (M1).


CONTACT INFORMATION:Applicant:QuikTrip Corporation3701 Arco Corporate DrSuite 150Charlotte NC 29732

Owner(s):Davidson Real Estate, Inc.

Attorney:None.

BOC District: 2 DRI: No Tax Map and Parcel #(s):022-001




(770) 781-2115

Date Submitted:

CHARACTER AREA: McFarland

NODE: McFarland/Shiloh Road Regional Node



Date Submitted:


5/13/2020

7/8/2020

9/28/2020

11/17/2020

12/17/2020

Watershed:Big Creek

SITE CHARACTERISTICS: Existing structures


LOCATION & DISTANCE TO SEWER/SEPTIC ACCESS : On subject property

Page 1 of 5The information contained within this technical review was printed on 10/30/2020.CP200014

STAFF COMMENTS:

PLANNING COMMENTS: None.


BUSINESS LICENSE COMMENTS: Future businesses will need to apply for a business license. Applicants whose business involves the sale of alcohol by the package or consumption must meet minimum State, O.C.G.A 3-3-21, and County distance requirements. Applications for a church, school, child care center, housing authority or government alcoholic treatment center within the vicinity of a licensed alcohol establishment must meet minimum distance requirements from that licensed establishment.


Road Name: McGinnis Ferry Road Classification: Minor Arterial

Existing R/W: Varies Proposed R/W: Varies

Road Name: Georgia 400 Classification: Freeway


Road Name: Windward Concourse Classification: Local



Anticipated Traffic Generation Rates from S/D: N/A




STATE WATERS COMMENTS: No state waters present.

WATER & SEWER COUNTY COMMENTS:Road Name: McGinnis Ferry Road and Windward Concourse, Parcel 022-001

Water Service and Location: 8” water main on Windward Concourse

Receiving Sewer WRF: Fulton Big Creek WRF.

Comments: Sewer is located on the northeast corner of the parcel.


NRCS COMMENTS:Site has appling and starr soils.




BUILDING INSPECTIONS COMMENTS:Building plans are required per the procedure outlined on our website, this project will require a Commercial Building Plan Review. No comments at this time on site review.




The Natural Resources inventory identified steep slopes are located on the subject property, which warrants careful soil and erosion measures.


Bike and Pedestrian Facilities: The 2025 Bicycle and Pedestrian Walkway Plan indicates a proposed multi-use path along McGinnis Ferry Road and does not indicate any future improvements to Georgia Highway 400 and Windward Concourse. The developer will be obligated to install pedestrian facilities as required by the Department of Engineering.



STAFF ANALYSIS:



CRITERION 2: Does the proposal permit a use that is suitable in the view of the use and development of adjacent and nearby property? This property was previously rezoned from Agricultural District (A1) to Restricted Industrial District (M1) on 7/23/84 per ZA766.

The subject property is adjacent to the north, east and west by Restricted Industrial District (M1), office parks and undeveloped. To the south, the property is adjacent to an office park within Fulton County. The proposed use would be suitable in view of the zonings of the surrounding properties.









Supportive.



PLANNING CONDITIONS:1. Around the clock operation is limited to a convenience store with gas pumps as requested in the application.2. A gateway amenity pocket park shall be designed to include seating, a bike rack, and an architectural wall with brick or stone that is compatible with the building design and appropriate landscaping. Landscaping shall consist of a combination of overstory and understory trees, shrubs, herbaceous ornamentals and ground cover an dmay incorporate additional features such as pedestrial lighting and public art in order to provide a key community entrance. Within the pocket park, a minimum of one overstory tree and one understory tree per 500 square feet of park space shall be required with species and spacing as approved by the County Arborist. The amenity should be accessible from the multi-use path.

WATER & SEWER CONDITIONS: None.

ENGINEERING CONDITIONS: None.


FORSYTH COUNTY

CONDITIONAL USE PERMIT CP200022

RECEIVEDOCT 23 2020

Forsyth County Department of Planning & Community Development

CP200022

RECEIVEDOCT 23 2020


CP200022

ShirleeIndustrialWayN

CommerceBlvd

Chase

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9

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SUBWAY

Starbucks

KrogerFuel

Center

Moe's

SouthwestGrill

PapaJohn's

Subwing

BURGERKING

Chase

Grassland

Pkw

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CommerceBlvd

LockewayDr

Atlanta Hwy

Lockeway Dr

Commerce Blvd

Commerce Blvd

North Commerc

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Atlanta Hwy

Atlanta Hwy

Shirlee Industrial W

ay

018 013

018 137

018 138 018 121

018 139

018 011

018 124

018 095

018 059

018 092

018 260

018 086

018 105

018 210

018 136

018 264

018 008

018 009

018 010

018 148

018 058

018 154

018 261

018 061

018 096

018 255

018 241

018 237

018 240

018 153

018 247 018 244

018 239

018 248

018 216

018 246

018 097

018 084

018 250

018 236

017 106

018 212

018 259

018 211

017 197

018 005

018 006

018 001

018 262

018 002

018 144

018 147

018 004

018 209 018 145

018 208

CP200022 Dhanraj Projects LLC


munity Development

Forsyth County GIS Department, Sources: Esri, HERE, Garmin, FA

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FORSYTH COUNTY

CONDITIONAL USE PERMIT

STAFF REPORT


LOCATION: This property is located at 5605 Atlanta Highway. The property is also located east of Atlanta Highway, immediately across its intersection with Shirlee Industrial Way and immediately west of property known as 5635 Atlanta Highway, Alpharetta, GA 30004.

CP200022 STAFF REPORT

PROJECT SUMMARY:Applicant is requesting to build a 7,500 sq. ft. car wash with 15 parking spaces on 2.17 acres currently zoned Commercial Business District (CBD).


CONTACT INFORMATION:Applicant:Dhanraj Projects LLC1080 Hwy 96 Suite 300Warner Robins GA 31088

Owner(s):TSQ Grassland, LLC

Attorney:Miles Hansford & Tallant, LLCJ. Ethan Underwood202 Tribble Gap RdCumming GA 30040





(770) 781-2115

Date Submitted:


NODE: None.



Date Submitted:


9/9/2020

10/7/2020

10/23/2020

11/17/2020

12/17/2020

Watershed:Big Creek

SITE CHARACTERISTICS: Undeveloped


LOCATION & DISTANCE TO SEWER/SEPTIC ACCESS : Northeast of subject property


STAFF COMMENTS:

PLANNING COMMENTS: The property is located within the Atlanta Highway-McFarland Parkway-Mullinax Road Overlay District and must comply with overlay district regulations.


BUSINESS LICENSE COMMENTS: Future business will need to apply for a business license.


Road Name: S.R. 9 (Atlanta Highway) Classification: Major Arterial

Existing R/W: Varies Proposed R/W: Per GDOT SR 9 Road Improvement Project




Recommended Improvements: Per GDOT and/or Forsyth County Ordinance # 101.


STATE WATERS COMMENTS: There are no state waters present.

WATER & SEWER COUNTY COMMENTS:Gravity sewer located on adjacent parcels.


NRCS COMMENTS:Property contains Cecil sandy loam, gently sloping phase soils. No state waters are on site.



BUILDING INSPECTIONS COMMENTS:Building plans are required per the procedure outlined on our website; this project will require a Commercial Plan Review.



STAFF ANALYSIS:



CRITERION 2: Does the proposal permit a use that is suitable in the view of the use and development of adjacent and nearby property? A portion of this property was previously rezoned from Single Family Residential District (R1) and Agricultural District (A1) to Commercial Business District (CBD) on 12/28/82 per ZA594; a portion of this property was previously rezoned from Single Family Residential District (R1) and Agricultural District (A1) to Commercial Business District on 7/22/85 per ZA894.

To the north, south, east and west the subject property is adjacent to Commercial Business District (CBD), a car wash, climate controlled self-service storage, a vehicles sales dealership, a contractor’s establishment and retail. The proposed use would be suitable in view of the zonings of the surrounding properties.





Sewer is located on the adjacent parcels, approximately 600 ft. to the northeast. Any easements required to connect to sewer would be the responsibility of the developer.







Bike and Pedestrian Facilities: The 2025 Bicycle and Pedestrian Walkway Plan indicates a proposed multi-use path along Atlanta Highway. The developer will be obligated to install pedestrian facilities as required by the Department of Engineering.





Supportive.


PLANNING CONDITIONS:None.

WATER & SEWER CONDITIONS: 1. Development shall tie onto Forsyth County sewer system by gravity. Gravity sewer outfalls shall follow natural contours in order to minimize depth.2. Sewer access must be provided to all upstream properties.3. Sewer capacity is not guaranteed for this property. All sewer capacity agreements must be approved by the Forsyth County Board of Commissioners.4. Any improvements to the water or sewer systems required to meet fire flow or other requirements shall be done at developer’s expense.5. There shall be no trees, fences, walls, monument signs, or other obstructions within the utility easements or R/W.6. There shall be a 10-foot setback from all Water & Sewer Utility Easements or Right-of-Way to any building, unless approved otherwise by Department of Water and Sewer.

ENGINEERING CONDITIONS: 1. Owner/Developer shall dedicate right-of-way on SR 9 (Atlanta Highway) frontage as required per GDOT SR 9 Road Improvement Project as part of site development or when required for road improvement project as determined by GDOT or Forsyth County Department of Engineering. Contact Tim Evans with GDOT (404-631-1555) for current right-of-way information.


REZONING

ZA3819

This form is required for submittals of all rezoning, conditional use permit (CUP) and sketch plat applications. While this application provides some information regarding the necessary requirements to submit a complete application, the full application requirements (e.g. minimum site plan requirements) can be found on the website at forsythco.com. From the main web page, please choose Department

and Offices, next choose Planning & Community Development from the list, and then select Long Range Planning Division on theleft side of the page.

A. SUBMITTAL TYPE

B. REQUESTED ACTION: PLEASE CHECK ALL THAT APPLY (E.G. REZONING, REZONING WITH A CUP, ETC.)

If this submittal is a revision , please specify the previously assigned application number:

Rezoning Sketch PlatConditional Use Permit (CUP) CUP for a communication tower

C. APPLICANT INFORMATION

Name:

Address:

Phone#: E-mail Address:

D. REPRESENTATION INFORMATION (IF APPLICABLE)

Name:

Address:

Phone#: E-mail Address:

AttorneyPreferred Contact:

E. PROPERTY INFORMATION

Proposed Road Access:

Proposed Use:

Tax Map & Parcel #(s): (e.g. xxx-xxx-xxx, xxx-xxx-xxx)

Property Acreage:

Does the subject property lie partly within or adjacent to the City of Cumming? Yes No

Page 1 of 7

Proposed Zoning:

FOR STAFF USE ONLYApplication #

Forsyth County Department of Planning & Community Development 110 E. Main Street, Suite 100 | Cumming, Georgia 30040 | (770) 781-2115 | forsythco.com

Application for Zoning Review

Authorized Agent

FOR STAFF USE ONLYDATE & TIME STAMP

Current Zoning:

Rezoning, CUP and Sketch Plat Application

RECEIVEDOCT 23 2020


ZA3819

ZA3819

kimberly

Text Box

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Inserted Text

Other:

4) Written Justification. Per § 8-6.3 (B), all variance requests must be accompanied by written documentation justifying the varianceand explaining why it should be granted. Additional sheets can be found on the website at forsythco.com. The justification mustspecifically address, for each variance requested, the below criteria:

a) Describe why the variance would not negate the purpose and intent of the Unified Development Code provision?

d) Describe how this property's physical surroundings (e.g. shape, size, or topographical conditions) result in an extraordinaryhardship or practical difficulty (as distinguished from a mere inconvenience)?

b) Describe why the variance would not cause substantial detriment to the public safety, health, or welfare of the public, orinjurious to other property?

f) Describe how granting this variance will result in equal or greater protection to adjacent property or natural resources?(Only required if requesting a variance to a buffer or setback)

e) Describe why the requested variance is the minimum necessary to accomplish the proposed development or building?

c) Describe why the conditions of your property are unique only to the property which relief is sought and are not applicablegenerally to other property?

Page 3 of 7

2) Please indicate which section of the Unified Development Code (UDC) is requesting to be varied, e.g. Chapter 11, Table 11.2(a).

1) A separate sheet is required for each variance request. The number of this variance request is:

G. REQUESTED VARIANCE(S) (SEPARATE SHEET REQUIRED FOR EACH REQUESTED VARIANCE)

feet.feet to allow to be A variance of

feet.feet to allow a setback to beA variance of

3) Please check the type of variance being requested:

RECEIVEDOCT 23 2020


ZA3819

RECEIVEDOCT 23 2020


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"WE PROVIDE SOLUTIONS"

1604

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ERIC LIU

P.O. BOX 28591

FOR A MASTER PLANNED RESIDENTIAL DEVELOPMENT

GA.HWY 9 & McFARLAND PKWY

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CC

LEV

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DES

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PR

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9 EX

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ATLANTA, GEORGIA 30358-0591PHONE: 770-845-5000

LIU INVESTMENT PARTNERS, L.L.L.P.

0107

/15/

2020

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19

AutoCAD SHX Text

MATCHLINE (SEE SHEET 2)

AutoCAD SHX Text

MATCHLINE (SEE SHEET 1)

AutoCAD SHX Text

FLUME

AutoCAD SHX Text

DETENTION POND

AutoCAD SHX Text

FLUME

AutoCAD SHX Text

GUARDRAIL

AutoCAD SHX Text

SIDEWALK

AutoCAD SHX Text

TP

AutoCAD SHX Text

TP

AutoCAD SHX Text

GRAVEL

AutoCAD SHX Text

A

AutoCAD SHX Text

SIDEWALK

AutoCAD SHX Text

GATE

AutoCAD SHX Text

S

AutoCAD SHX Text

S

AutoCAD SHX Text

McFARLAND PARKWAY

AutoCAD SHX Text

TRAVERSE POINT SET IRON PIN & CAP ELEV. = 1138.13

AutoCAD SHX Text

T.B.M.

AutoCAD SHX Text

BILLBOARD

AutoCAD SHX Text

S

AutoCAD SHX Text

S

AutoCAD SHX Text

S

AutoCAD SHX Text

S

AutoCAD SHX Text

S

AutoCAD SHX Text

S

AutoCAD SHX Text

53.1'

AutoCAD SHX Text

E.O.P.

AutoCAD SHX Text

E.O.P.

AutoCAD SHX Text

E.O.P.

AutoCAD SHX Text

E.O.P.

AutoCAD SHX Text

35.8'

AutoCAD SHX Text

HIGHWAY 9

AutoCAD SHX Text

MARTIN DRIVE

AutoCAD SHX Text

(R/W VARIES)

AutoCAD SHX Text

HIGHWAY 9

AutoCAD SHX Text

(80' EXISTING R/W)

AutoCAD SHX Text

PUBLIC

AutoCAD SHX Text

PUBLIC

AutoCAD SHX Text

PUBLIC

AutoCAD SHX Text

E.O.P.

AutoCAD SHX Text

E.O.P.

AutoCAD SHX Text

#4 IPF

AutoCAD SHX Text

#4 IPF

AutoCAD SHX Text

#4 IPF

AutoCAD SHX Text

#4 IPF

AutoCAD SHX Text

3/4" CTF

AutoCAD SHX Text

3/4" 0TF

AutoCAD SHX Text

3/4" CTF

AutoCAD SHX Text

3/4" CTF

AutoCAD SHX Text

#4 IPF

AutoCAD SHX Text

NAIL FOUND

AutoCAD SHX Text

OFF-SITE SLOPE EASEMENT DB.7254 PG.394

AutoCAD SHX Text

POB

AutoCAD SHX Text

(R/W VARIES)

AutoCAD SHX Text

PUBLIC

AutoCAD SHX Text

23.8'

AutoCAD SHX Text

15.6'

AutoCAD SHX Text

26.4'

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38.9

AutoCAD SHX Text

49.4'

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39.2'

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37.3'

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53.0'

AutoCAD SHX Text

51.5'

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(80' EXISTING R/W)

AutoCAD SHX Text

BIKE RACK (2 STALLS)

AutoCAD SHX Text

DUMPSTER

AutoCAD SHX Text

UTILITY SERVICES PROVIDED IN McFARLAND ROAD ARE: ELECTRIC, GAS, WATER, TELECOMMUNICATIONS

AutoCAD SHX Text

PROPOSED R/W 60'

AutoCAD SHX Text

FRONT-LOADED TOWNHOME, TYP.

AutoCAD SHX Text

RETAIL/RESTAURANT BLDG. 8,800SF OUTPARCEL (B) (2.99+/- ACRES)

AutoCAD SHX Text

1 LOADING SPACE, 14'x 60' MIN

AutoCAD SHX Text

FULL ACCESS ENTRANCE /EXIT

AutoCAD SHX Text

EXISTING TREE CANOPY

AutoCAD SHX Text


AutoCAD SHX Text

SANITARY SEWER LINE TO TIE INTO ADJACENT NEIGHBORHOOD LINE

AutoCAD SHX Text

MASTER STORMWATER FACILITY

AutoCAD SHX Text

HATCH INDICATES EXISTING WETLAND, TYP.

AutoCAD SHX Text

LOT LINE

AutoCAD SHX Text


AutoCAD SHX Text

MANHOLE, TYP.

AutoCAD SHX Text

4 BOARD STYLE BLACK FENCE PER UDO STANDARDS

AutoCAD SHX Text

25' REAR SETBACK

AutoCAD SHX Text

(2) DUMPSTERS

AutoCAD SHX Text

FIRE PIT, GATHERING AREA & BENCHES

AutoCAD SHX Text

25' LANDSCAPE STRIP

AutoCAD SHX Text

25' REAR SETBACK

AutoCAD SHX Text

25' REAR SETBACK

AutoCAD SHX Text

15' LANDSCAPE STRIP

AutoCAD SHX Text

25' REAR SETBACK

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20' LANDSCAPE STRIP

AutoCAD SHX Text

25' REAR SETBACK

AutoCAD SHX Text

10' SIDE SETBACK

AutoCAD SHX Text

25' FRONT SETBACK

AutoCAD SHX Text

10' SIDE SETBACK

AutoCAD SHX Text

10' SIDE SETBACK

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25' FRONT SETBACK

AutoCAD SHX Text

10' SIDE SETBACK

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10' SIDE SETBACK

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25' REAR SETBACK

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5' CONCRETE SIDEWALK

AutoCAD SHX Text

POCKET PARK

AutoCAD SHX Text

OPEN SPACE

AutoCAD SHX Text

5' CONCRETE SIDEWALK TYP.

AutoCAD SHX Text

2' LANDSCAPE STRIP TYP.

AutoCAD SHX Text

8" WATER LINE CONNECTION INTO EXISTING LINE ALONG HIGHWAY 9 INTO SITE

AutoCAD SHX Text

INTERMITTENT STREAM CENTERLINE

AutoCAD SHX Text


AutoCAD SHX Text

COMMERCIAL PARKING 139 TOTAL SPACES 132 REGULAR 7 HANDICAPPED

AutoCAD SHX Text

25' LANDSCAPE BERM

AutoCAD SHX Text

50' UNDISTURBED BUFFER

AutoCAD SHX Text

8" WATER LINE CONNECTION INTO EXISTING LINE ALONG McFARLAND PARKWAY TO SITE

AutoCAD SHX Text

ZONED CBD

AutoCAD SHX Text

RIGHT IN - RIGHT OUT

AutoCAD SHX Text


AutoCAD SHX Text

PROPOSED R/W VARIES'

AutoCAD SHX Text

ZONED CBD

AutoCAD SHX Text

OPEN SPACE

AutoCAD SHX Text

10' SIDE SETBACK

AutoCAD SHX Text

OPEN SPACE

AutoCAD SHX Text

OPEN SPACE

AutoCAD SHX Text

OPEN SPACE

AutoCAD SHX Text

PROPOSED R/W: PER GDOT WIDENING PROJECT FOR ATLANTA HWY

AutoCAD SHX Text

PROPOSED R/W VARIES'

AutoCAD SHX Text

ADJACENT RIGHT OF WAY

AutoCAD SHX Text


AutoCAD SHX Text

STORMWATER DETENTION LOCATION

AutoCAD SHX Text

PROPOSED R/W: PER GDOT WIDENING PROJECT FOR ATLANTA HWY

AutoCAD SHX Text

OPEN SPACE/ AMENITIES

AutoCAD SHX Text


AutoCAD SHX Text

50' FRONT SETBACK

AutoCAD SHX Text

STORMWATER DETENTION LOCATION

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RETAIL #1 10,150 SF

AutoCAD SHX Text

RETAIL #2 8,050 SF

AutoCAD SHX Text

RETAIL #3 12,000 SF

AutoCAD SHX Text

EXISTING RETAIL BUILDING 4,975 SF

AutoCAD SHX Text

GAZEBO, GATHERING AREA & BENCHES

AutoCAD SHX Text

50' FRONT SETBACK

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OPEN SPACE/ AMENITIES

AutoCAD SHX Text

WALKING TRAIL, PICNIC AREA & BENCHES

AutoCAD SHX Text

15' LANDSCAPE STRIP

AutoCAD SHX Text

75' IMPERVIOUS BUFFER

AutoCAD SHX Text

FOCAL POINT

AutoCAD SHX Text

019-135 ZONED CBD N/F SAM'S INVESTMENTS VI LLC

AutoCAD SHX Text

019-069 ZONED CBD N/F LAPINSKA KATARZYNA

AutoCAD SHX Text

019-083 ZONED CBD N/F ANTHONY GOLD

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25' STATE BUFFER

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019-071 ZONED RES-3 N/F FORSYTH COUNTY BOARD OF EDUCATION

AutoCAD SHX Text


AutoCAD SHX Text


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DIVIDED BOULEVARD FULL ACCESS ENTRANCE/ EXIT

AutoCAD SHX Text

EXISTING SANITARY MANHOLE

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COMMERCIAL PARKING 86 TOTAL SPACES 84 REGULAR 2 HANDICAPPED

AutoCAD SHX Text

25' LANDSCAPE BERM

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EXISTING SANITARY EASEMENT

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EXISTING SANITARY CENTERLINE

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EXISTING SANITARY MANHOLE

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6' LANDSCAPE STRIP AGAINST COMMERCIAL PROPERTY

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6' LANDSCAPE STRIP AGAINST COMMERCIAL PROPERTY

AutoCAD SHX Text

PROPOSED GDOT R.O.W.

AutoCAD SHX Text

PROPOSED GDOT R.O.W.

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PROPOSED GDOT EASEMENT FOR CONSTRUCTION AND MAINTENANCE

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PROPOSED GDOT EASEMENT FOR CONSTRUCTION AND MAINTENANCE

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98' DIA. CUL-DE-SAC

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PROPOSED SANITARY MANHOLE

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PROPOSED SANITARY MANHOLE

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OUTDOOR DINING SPACE

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AMENITY W/ ARTISTIC LANDSCAPE FEATURES (ARTWORK, SCULPTURE, SEATING, AND PLANTINGS)

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5' FRONT BUILDING SETBACK TYP.

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6' LANDSCAPE STRIP AGAINST RESIDENTIAL PROPERTY

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AMENITY W/ ARTISTIC LANDSCAPE FEATURES (ARTWORK, SCULPTURE, SEATING, AND PLANTINGS)

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OUTDOOR DINING SPACE

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LOT LINE

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This drawing is the property of Planners and Engineers Collaborative and is not to be copied in whole or in part. It is not to be used on any other project and is to be returned upon request. Planners and Engineers Collaborative.Planners and Engineers Collaborative.

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c

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SITE PLANNING LANDSCAPE ARCHITECTURE CIVIL ENGINEERING LAND SURVEYING

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PLANNERS AND ENGINEERS COLLABORATIVE

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350 RESEARCH COURT PEACHTREE CORNERS, GEORGIA 30092 (770)451-2741 FAX (770)451-3915

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WWW.PECATL.COM

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GEORGIA

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FORSYTH COUNTY,

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2nd DISTRICT, 1st SECTION

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LAND LOT(S) 687, 686 & 682

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THIS SEAL IS ONLY VALID IF COUNTER SIGNED AND DATED WITH AN ORIGINAL SIGNATURE.

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No. 34393

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PROFESSIONAL

REZONING

STAFF REPORT


LOCATION: This property is located at 100 McFarland Parkway. The property is also located east of Atlanta Highway at the northern side of its intersection with Martin Drive and approximately 640 ft. south of the intersection with McFarland Parkway. Additionally, the property is located south of McFarland Parkway approximately 475 ft. west of the intersection with St. Claire Drive and immediately west of property known as 175 Martin Drive, Alpharetta, GA 30004.

ZA3819 - STAFF REPORT

PROJECT SUMMARY:Applicant is requesting to rezone from Commercial Business District (CBD), Office and Institutional District (O&I) and Single Family Residential District (R1) to Master Planned District (MPD) on 18.534 acres for 67 attached residential units with a density of 3.62 units per acre and proposed commercial buildings totaling 43,975 sq. ft. with 233 parking spaces.


CONTACT INFORMATION:Applicant:Liu Investment Partners, LLLPP.O. Box 8591 Atlanta GA 30358

Owner(s):Liu Investment Partners, LLLP

Attorney:Lipscomb, Johnson, Sleister, Dailey & Smith, LLPEmory Lipscomb112 North Main StCumming GA 30040

BOC District: 3 DRI: No Tax Map and Parcel #(s):019-380, 019-084, 019-126, 019-085,019-070




(770) 781-2115

Date Submitted:


NODE: McFarland/Shiloh Road Regional Node



Date Submitted:


4/2/2020

9/2/2020

10/23/2020

11/17/2020

12/17/2020

Watershed:Big Creek, Little River

SITE CHARACTERISTICS: Partially wooded, undeveloped


LOCATION & DISTANCE TO SEWER/SEPTIC ACCESS : Southeast of subject property


STAFF COMMENTS:

PLANNING COMMENTS: The property is located within the Atlanta Highway-McFarland Parkway-Mullinax Road Overlay District. A Master Planned District (MPD) is not required to comply with overlay district regulations since they create their performance standards.

Any performance standards not addressed within the application materials will default to the standards identified in the UDC pertaining to the applicable land use.

The original application was submitted to the Department of Planning and Community Development on September 16, 2016. UDC version 47 (May 19, 2016) was used to review this application.

This community will not be gated per the site plan on file in the Department.

ARBORIST COMMENTS:1. It is the intent of the Tree Ordinance that when trees exist on a site, the required Tree Density should be met withthose trees. The proposed site plan appears to provide little to no undisturbed areas offering very limited potential forsaving existing trees.

2. Per UDC 20B-5.2(F)(2), significant tree cover should be considered and incorporated into the project designwhenever possible.

3. The majority of this site is heavily wooded. By redesigning the site to incorporate undisturbed tree save areas, therequired tree density could be satisfied utilizing existing trees and any planting requirement greatly reduced if noteliminated.

4. The applicant should be advised that this site must meet minimum tree density as required by the Tree Ordinance.Additional land area on the site may be required to be devoted to tree save areas or planting areas at the time of sitedevelopment.

BUSINESS LICENSE COMMENTS: Future businesses will need to apply for a business license.


Road Name: S.R. 9 (Atlanta Highway) Classification: Major Arterial

Existing R/W: 80’ Proposed R/W: Per GDOT SR 9 Road Improvement project

Road Name: McFarland Parkway Classification: Major Arterial


Road Name: Martin Drive Classification: Local


Traffic Considerations: Anticipated Traffic Generation Rates from S/D: 67 Units

Average Daily= 640

Peak AM Hour= 51

Peak PM Hour= 68


Recommended Improvements: Per GDOT and/or Forsyth county Ordinance # 101.



STATE WATERS COMMENTS: State waters are shown correctly.

WATER & SEWER COUNTY COMMENTS:Water Service and Location: 16” water main on McFarland Parkway, 6” on Martin Road, 8” on SR 9.

Receiving Sewer WRF: Fowler WRF. 65 residential taps required, plus an additional commercial capacity for 46,4250 SF.

Comments:

Trees and other obstructions are not allowed within utility corridors. The utility corridors and right-of-way will need a 10-foot setback to all buildings. The site plan shows a sewer line between townhomes 30 and 31; be advised there will need to be a 10-foot setback from the sewer easement unless approved otherwise by the Director of Water & Sewer.

Site plan must take into account the proposed widening of SR 9, and provide a location for relocation of the water and sewer lines impacted by the widening.


NRCS COMMENTS:The existing property contains Cecil soils. Make sure proper BMP’s are installed and maintained to prevent sediment from leaving construction site. Site has state waters.


BOARD OF EDUCATION COMMENTS:CURRENT SCHOOL: Brandywine Elementary School

CURRENT CAPACITY: 1,125

CURRENT ENROLLMENT: 1,226

OVER (-UNDER) CAPACITY: +101

NEW DEVELOPMENT: 65 units

ADDITIONAL STUDENTS: 18

PREVIOUS ZONINGS: 4 developments

ESTIMATED STUDENTS: 290

% CAPACITY: 136.4%

NEXT SCHOOL OPENING: Elementary #23 (2022)

FUNDING APPROVED: YES

CURRENT SCHOOL: DeSana Middle School


CURRENT ENROLLMENT: 991

OVER (-UNDER) CAPACITY: -34






% CAPACITY: 133.5%

NEXT SCHOOL OPENING: Hendricks (2021)


CURRENT SCHOOL: Denmark High School


CURRENT ENROLLMENT: 2,032

OVER (-UNDER) CAPACITY: -468





% CAPACITY: 103.4%

NEXT SCHOOL OPENING: East Forsyth (2021)






Natural Resources: The subject property is primarily within the Big Creek watershed with small portions of the western property boundary within the Little River watershed and the Etowah Habitat Conservation boundary. The Big Creek watershed necessitates a 25% impervious surface limitation. The impervious surface area requirement shall be calculated based upon that portion of the water supply watershed within unincorporated Forsyth County; discrete parcels or projects will not be required to independently satisfy the impervious surface area limitations set forth above.

The subject property is within the Etowah Habitat Conservation boundary. According to the U.S. Fish and Wildlife Service, a Habitat Conservation Plan is required for certain projects within this boundary. For more information on site development in this area contact the U.S. Fish and Wildlife Service, North Georgia Office at 706-613-9493, ext. 221.


Floodplains are present on the subject property. Proposed development within the floodplain must be submitted to the Department of Engineering prior to any permit approval.


Bike and Pedestrian Facilities: The 2025 Bicycle and Pedestrian Walkway Plan indicates a proposed sidewalk and existing bicycle friendly shoulders along McFarland Parkway, a proposed multi-use path along Atlanta Highway and a proposed sidewalk along Martin Drive. The developer will be obligated to install pedestrian facilities as required by the Department of Engineering.



STAFF ANALYSIS:

CRITERION 1: Does this proposal conform with the policy and intent of the adopted Forsyth County Comprehensive Plan?


CRITERION 2: Does the proposal permit a use that is suitable in the view of the use and development of adjacent and nearby property?

A portion of this property was previously rezoned from Single Family Residential District (R1) and Agricultural District (A1) to Commercial Business District (CBD) on 12/9/02 per ZA2649; a portion of this property was previously rezoned from Agricultural District (A1) and Single Family Residential District (R1) to Office and Institutional District (O&I) on 12/9/02 per ZA2650.

To the north, the subject property is adjacent to Commercial Business District (CBD), vehicle sales dealerships, a car wash and gas stations. To the east and south, the property is adjacent to Commercial Business District (CBD) and Single Family Residential District (RES3), an open storage yard, small scale retail and Brandywine Elementary School. To the west, the property is adjacent to Restricted Industrial District (M1) and Commercial Business District (CBD), a daycare, small scale retail and a vehicle sales dealership. The proposed use would be suitable in view of the zonings of the surrounding properties.



CRITERION 4: Will the proposal result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools?

The following comments pertain to infrastructure information and necessary improvements as related to the current proposal:


Sewer is located southeast of the subject property.

Brandywine Elementary School is projected to be over capacity with 101 additional students; DeSana Middle School is projected to be under capacity by 34 students; Denmark High School is projected to be under capacity by 468 students. New schools are planned, but currently only the proposed high school has approved funding. Please note that the enrollment projections for 2019-2021 accounts for new schools and additional openings. Capacity percentages for projected development includes previous rezonings as well as the current proposal.


The proposed use is in conformity with the Forsyth County Comprehensive Plan based on the mixed-use development that integrates a creative arrangement of land uses and provides direct access to two commercial corridors.



Supportive.



PLANNING CONDITIONS:1. Development shall be substantially in accordance with the site plan on file in the Department.2. Certificates of occupancy for residential units may not be issued until certificates of occupancy are issued for at least 18,000 sq. ft. of retail/restaurants on the subject property.3. The amenity areas in the commercial portions of the development shall include both hardscape and landscape materials.4. Buildings shall incorporate a contemporary style as illustrated in the Forsyth County's Comprehensive Plan under the McFarland Character Area for Office and Industry uses.

WATER & SEWER CONDITIONS: 1. Development shall tie onto Forsyth County sewer system by gravity. Gravity sewer outfalls shall follow naturalcontours in order to minimize depth.2. Sewer access must be provided to all upstream properties, including 019-135 and 019-069.3. Sewer capacity is not guaranteed for this property. All sewer capacity agreements must be approved by the ForsythCounty Board of Commissioners.4. Any improvements to the water or sewer systems required to meet fire flow or other requirements shall be done atdeveloper's expense.5. Water system for the development shall be fed from two locations to provide a looped system.6. There shall be no trees, fences, walls, monument signs, or other obstructions within the utility easements or R/W.7. There shall be a 10-foot setback from all Water & Sewer Utility Easements or Right-of-Way to any building, unlessapproved otherwise by Department of Water and Sewer.

ENGINEERING CONDITIONS:

1. Owner/Developer shall dedicate right of way on Atlanta Highway (S.R. 9) per the GDOT S.R. 9 Widening Project atthe time of site development or when needed for road improvement projects as determined by Georgia DOT and/orForsyth County Department of Engineering. Contact Emilee Williams, EIT [email protected] ,678.969.2319, for right-of -way information.2. Owner/Developer shall dedicate 30' right of way from the centerline of Martin Drive as part of site development orwhen needed for road improvement projects as determined by Forsyth County Department of Engineering.3. Owner/Developer shall dedicate right of way a minimum 10' back of curb on decel lane on McFarland Parkway as partof site development.


REZONING

ZA3977

RECEIVEDOCT 22 2020

Forsyth County Department of Planning & Community

DevelopmentZA3977

Browns Bridge Rd

Lanton Way

Waldrip Rd

Pleasant

Grove C

ir

Pleasant G

rove Cir

Pleasant Grove Cir Waldrip RdWaldrip Rd

Pleasant Grove Cir

Misty Cove Ln

Lynn Dr

ZA3977 Jonathan Simon and Rebecca Gerstenlauer


munity Development


6/15/2020, 2:39:52 PM

00.06

0.11

0.03

mi

00.09

0.17

0.04

km

1:4,000

Esri, HERE, G

armin, FAO, U

SGS, E

PA, N


munity Development

W

W

W

W

W

W

W

W

W

W

W

X

X

X

X

X

X

X

X

X

X

X

X

XX

X

X

01

00

20

03

00

40

0

SC

AL

E: 1

"=

10

0'

NO

TE

S:

1.

Field D

ata: C

losure P

recision - 101,810'. A

ngular E

rror - 01"\S

TA

.

2.

Field M

easurem

ents w

ere taken w

ith a Leica T

S 12 on 10-21-2019

and w

ere balanced using the C

om

pass R

ule.

3.B

earings are based on G

rid N

orth, G

A W

est Z

one and established

with a Leica G

S14 using the S

martN

et G

PS

N

etw

ork, N

AD

83.

4.

Plat P

recision: 1'/669,751'.

5.

The public records referenced hereon reflect only those records

necessary to establish the boundaries hereon, and reference to the

sam

e does not and is not intended to constitute a title search or title

opinion.

6.T

his property is not located in a F

lood H

azard A

rea as indicated on

F.I.R

.M

. N

o. 13117C

0100F

, dated 03-04-2013.

7.

Building setbacks and buffers m

ay not be show

n hereon. T

hey are

governed by the local jurisdiction and should be confirm

ed prior to land

planning or construction activities.

8.

Pin # of surveyed parcel: 307 116, 307 118, and 307 166

9.

Current Z

oning - LR

10.

Approval of m

inor plat does not guarantee that the F

orsyth C

ounty

Health D

epartm

ent w

ill issue a septic system

perm

it. P

roperty ow

ner

acknow

ledges that any existing septic system

s conform

to all setback

requirem

ents.

11.

State W

aters do not exist on this site.

12.

Water service is provided by an existing w

ell.

Electricity provided by S

aw

nee E

MC

- accessed indicated on plan as

'P

ow

er Line'.

13.

Forsyth C

ounty shall not be responsible for m

aintenance of any

pipes, ditches, detention ponds or other structures w

ithin any drainage

easem

ent beyond the C

ounty right-of-w

ay.

14.

No structures, fences or other obstructions m

ay be located w

ithin a

drainage easem

ent w

ithout prior approval by the F

orsyth C

ounty

Departm

ent of E

ngineering.

15.

Irrigation system

s are prohibited on all existing and proposed

County right of w

ay and considered to be a violation of the C

ounty's

Ordinance prohibiting unperm

ited right of w

ay encroachm

ents.

16.

Maxim

um

B

uilding H

eight is 40' for the Lanier C

haracter A

rea.

17.

Conditional U

se P

erm

it (C

UP

) is for a com

mercial horse stable.

18.

Property has 6 horses

1 RE

FE

RE

NC

ES

:

1.

Survey for B

etty M

onk, by D

avid W

. B

ealle, dated A

pril 8, 1986, last

revised June 26, 1997.

41

6 P

irkle

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erry R

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ild

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mm

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-se

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1.3

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., In

c. 2

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9

Land Lots 1157, 14th D

ist., 1st S

ect.

Forsyth C

ounty, G

eorgia

11-05-2019

GA WEST ZONE

GRID NORTH

N or F

Jim

my H

ogan &

Cathy B

H

ogan

DB

7994 P

G 699

N or F

Mike L. E

sco

DB

1947 P

G 780

PB

17 P

G 246

N or F

Carnes C

M

onk T

rust

DB

5829 P

G 176

N or F

Julie C

ox

DB

7971 P

G 369

N or F

Cedar R

idge D

esign

Group

DB

9087 P

G 323

N or F

Eric S

udnikovich

DB

8382 P

G 361

N or F

Larry M

. H

all &

Patricia B

H

all

DB

5607 P

G 471

N or F

Joseph D

ensm

ore

DB

8215 P

G 143

Barn

Storage

Shed

304 s.f.

Deck

Porch

Existing

Residence

2,054 s.f.

Conc.

Existing

Gravel

L

Y

N

N

D

R

I

V

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E

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i

s

t

i

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g

4

0

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Asphalt

Course

Bearing

Distance

L

1

L1

S 52°29'06" E

82.26'

L

2

L2

S 41°19'31" E

58.29'

L3

S 53°25'18" E

21.02'

L4

S 78°11'19" E

19.51'

L5

L5

S 88°28'08" E

26.59'

L6

L6

N 83°22'26" E

24.12'

L

7

L7

N 70°56'57" E

12.79'

L

8

L8

N 59°37'37" E

169.95'

L

9

L9

N 63°56'49" E

121.61'

L

1

0

L10

N 65°06'33" E

38.79'

S

7

4

°5

7'18

"W

S

2

3

°

0

8

'2

3

"

W

N 00°29'50"E411.17'

12

4

.0

1'

N 02°45'50"W

207.33'

N 8

9°13

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3"W

113

.4

6'

5

8

8

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8

'

S

4

1

°

5

6

'

0

0

"

E

2

7

5

.

3

1

'

S

4

3

°

2

5

'

1

1

"

E

L11

L11

N 00°44'21" E

19.71'

L12

L12

S 00°44'21" W

19.71'

Course

Bearing

Distance

L13

S 33°30'22" W

72.11'

L14

S 15°57'13" W

57.95'

L15

S 02°04'33" E

62.43'

L16

S 02°42'15" E

45.18'

L17

S 10°53'58" W

56.67'

L18

S 28°09'55" W

56.37'

L19

S 32°23'55" W

104.39'

L20

S 22°46'08" W

100.48'

L21

N 81°08'50" W

95.77'

L22

N 86°13'26" W

83.83'

L23

S 87°29'17" W

50.62'

L24

S 54°57'55" W

47.56'

L25

S 46°05'45" W

93.64'

L26

S 39°00'24" W

11.11'

L27

S 39°00'48" W

98.69'

L28

S 39°06'06" W

95.06'

1/2" RBF

1/2" RBF

1" OTPF

1/2" CTPF

1/2" OTPF

1/2" OTPF

1/2" CTPF

1/2" CTPF

1/2" CTPF

1

/

2

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1

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R

B

S

L

2

8

L

2

7

L

2

6

L

2

5

L

2

4

L23

L22

L

2

1

L

2

0

L

1

9

L

1

8

L

1

7

L16

L15

L

1

4

L

1

3

1

2

3

.

6

5

'

1" Rod Found

N 00°38'13"E529.45'

508.30' N 00°38'13"E

1" OTPF

0.82' west of P

1/2" OTPF

0.51' west of P

CTPF 0.58'

west of P

1" CTPF

0.48' west of P

1/2" CTPF

0.42' west of P

1/2" OTPF

0.21' west of P

L

3

L

4

Tract 1

Parcel 307 166

1.2

96

A

cre

s

Tract 2

Parcel 307 118

4.19

6 A

cre

s

Tract 3

Parcel 307 116

5.7

84

A

cre

s

1/2" R

BF

N or F

Walter L. T

ofte &

Linda T

ofte

DB

7519 P

G 516

N or F

Daniel H

eil

DB

8395 P

G 226

L

L

L

L

L

L

S 00°34'59"W260.45'

Zoning R

2R

Zoning R

2R

Zoning R

2R

Zoning R

2R

Zoning R

2R

Tax P

arcel : 307 120

Zoning R

2R

Zoning LR

Zoning LR

Zoning LR

Zoning LR

Proposed A

1

Zoning LR

A

pprox.

Tree

C

anopy

W

8

"

W

a

t

e

r

M

a

i

n

P

r

o

p

o

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d

6

0

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C

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3

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r

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p

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d

6

0

'

R

/

W

3

0

'

F

r

o

m

C

L

1

0

'

Zoning LR

Proposed A

1

1

0

'

3

0

'

2

5

'

B

/

L

25' B

/L

2

5

' B

/L

5

0

'

B

/

L

50' B

/L

5

0

'

B

/

L

2

5

'

B

/

L

2

5

'

B

/

L

2

5

'

B

/

L

5

0

'

B

/

L

5

0

'

P

o

w

e

r lin

e

Storage

Shed

425 s.f.

700 s.f.

Parcel : 307 115

Parcel : 307 204

Parcel : 307 124

Parcel : 307 123

Parcel : 307 163

Parcel : 307 188

Parcel : 307 119

Zoning R

2R

Tax P

arcel : 307 121

N or F

Cedar R

idge D

esign

Group

DB

9087 P

G 323

N or F

Cedar R

idge D

esign

Group

DB

9087 P

G 323

Zoning R

2R

Tax P

arcel : 307 122

Tax P

arcel : 307 240

Tax P

arcel : 307 117

N or F

Cedar R

idge

Design G

roup LLC

DB

9241 P

G 05

Approx. S

eptic

Tank &

F

ield

Lines

Proposed

Septic tank &

Field Lines

Grazing A

rea /

Horse P

asture

Parking

Spaces

Com

munity C

enter P

arking :

1 space per 250 sq ft.,

700 sq. ft. / 250 sq. ft. =

2.8 spaces

3 S

paces R

equired

Com

munity

Center &

Guest

Restroom

Existing W

ell

(A

pprox.)

RE

VIS

ED

10/28/2020 per county com

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ell and revise note #12.

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CIVIL ENGINEERING

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LAND SURVEYING &

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JONATHAN SIMON

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REZONING

STAFF REPORT


LOCATION: This property is located at 8315 Pleasant Grove Circle, Gainesville, GA 30506. The property is also located immediately west of property known as 8330 Lynn Drive, Gainesville, GA 30506.

ZA3977 STAFF REPORT

PROJECT SUMMARY:Applicant is requesting to rezone from Lake Residential District (LR) to Agricultural District (A1) on 9.98 acres with a Conditional Use Permit (CUP) for a 700 sq. ft. commercial horse stable with 3 parking spaces.


CONTACT INFORMATION:Applicant:Jonathan Simon and Rebecca Gerstenlauer8315 Pleasant Grove CirGainesville GA 30506

Owner(s):Jonathan Simon and Rebecca Gerstenlauer

Attorney:None.

BOC District: 4 DRI: No Tax Map and Parcel #(s):307-118, 307-116




(770) 781-2115

Date Submitted:

CHARACTER AREA: Lanier

NODE: None.



Date Submitted:


5/14/2020

7/8/2020

10/22/2020

11/17/2020

12/17/2020

Watershed:Chattahoochee River-Lake Lanier

SITE CHARACTERISTICS: Existing structures

METHOD OF SEWAGE DISPOSAL:Septic

LOCATION & DISTANCE TO SEWER/SEPTIC ACCESS : On subject property


STAFF COMMENTS:

PLANNING COMMENTS: A Site Development permit shall be obtained prior to the use of the property as a commercial horse stable.

ARBORIST COMMENTS:Any future site improvements requiring a Site Development Permit must comply with the Tree Ordinance.



Road Name: Pleasant Grove Circle Classification: Local

Existing R/W: Prescriptive Proposed R/W: 60’

Road Name: Lynn Drive Classification: Local







STATE WATERS COMMENTS: No state waters are present.

WATER & SEWER COUNTY COMMENTS:Review Date: 23 June 2020

Road Name: 8315 Pleasant Grove Circle; Parcels 307-116 and 307-118

Water Service and Location: There is no water line on this section of Pleasant Grove Circle. There is an 8” main on Lynn Drive in front of this parcel.

Receiving Sewer WRF: NA. No sewer is currently available to serve this parcel.

Comments: None.


NRCS COMMENTS:Property contains Madison fine sandy loam, eroded gently sloping phase to moderately steep phase soils. Install and maintain BMP's if any land disturbance occurs.



BUILDING INSPECTIONS COMMENTS:Building plans are required per the procedure outlined on our website, this project will require a Commercial Building Plan Review.



STAFF ANALYSIS:



CRITERION 2: Does the proposal permit a use that is suitable in the view of the use and development of adjacent and nearby property? To the north, south and east, the subject property is adjacent to Lake Residential District (LR). To the west, the property is adjacent to Single Family Residential Restricted District (R2R), developed with a density of 1.99 units per acre and a minimum lot size of 9,000 sq. ft. The proposed use would be suitable in view of the zonings of the surrounding properties.








Natural Resources: The subject property is within the Chattahoochee River-Lake Lanier watershed.



Bike and Pedestrian Facilities: The 2025 Bicycle and Pedestrian Walkway Plan does not indicate any future improvements to Pleasant Grove Circle or Lynn Drive. The developer will be obligated to install pedestrian facilities as required by the Department of Engineering.





Supportive.


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

WATER & SEWER CONDITIONS: None.

ENGINEERING CONDITIONS: 1. Owner/Developer shall dedicate right-of-way 30' from centerline on Pleasant Grove Circle as part of site development or when needed for road improvement projects as determined by the Department of Engineering.


REZONING

ZA3981

BaldridgeCreek

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tyWay

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Chestatee Crossroad

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orgia Highway 400

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ighway 400

Cordova Ln

Alden Pl

Martin Rd

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kwy

Martin Rd

Shadburn Rd

Dennis C

Martin Me

morial Way

County Way

Oaktree Ln

Martin Rd

County Wa

y

Georgia Highway 400

Georgia Highway 400

238 053

238 049

237 064

238 033

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237 062

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237 061237 060

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216 255

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216 182

237 007

238 001

237 008

237 038

237 048

216 062

237 056

237 036

216 094

216 019 216 016

216 093

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ZA3981 COR Properties L.L.C.


munity DevelopmentForsyth County GIS

Department,

Sources:

Esri,

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Garmin,

FAO,

NOAA,

USGS,

©

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00.08

0.16

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1:6,000

Esri, HERE, G

armin, FAO, N

OAA, U

SGS, E

PA, N


munity Development

GA. HWY 400

300' R/WEXISTING AND

PROPOSED

MARTIN RD.

R/W VARIES

EXISTING AND

PROPOSED

VAN

VAN

VAN

VAN

OPEN SPACE

OPEN SPACE

OPEN SPACE

OPEN SPACE

Y:\BCEPROJECTS\2020-029\CAD\2020-029 BASE.dwg, 9/24/2020 8:54:11 AM

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WESTERLY PROPERTY LINE IS CENTER OF BALDRIDGE CREEK

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25' LANDSCAPE STRIP

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25' LANDSCAPE STRIP

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APPROXIMATE LOCATION EX. 42" WATER MAIN

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NOTE: PROJECT TO CONNECT TO 6" MAIN AT THIS LOCATION

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60' F.B.S.L

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60' F.B.S.L

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50' S.B.S.L

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25' LANDSCAPE STRIP

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ZONED: A1

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ZONED: A1

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ZONED: CBD

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N/F CGD PROPERTIES LLC PIN: 216 255

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N/F MCGAHA SANDRA R PIN: 216 062

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N/F FC COUNTY WAY AREA PIN: 216 016

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ZONED: A1

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N/F MARTIN EZRA C PIN: 216 021

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UTILITY EASEMENT

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UTILITY EASEMENT

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40' F.B.S.L

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PROPOSED STORM WATER POND

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APPROX. C/L OF CREEK

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APPROX. T.O.B OF CREEK

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BALDRIDGE CREEK

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25' STATE BUFFER

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25' STATE BUFFER

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50' COUNTY BUFFER

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ZONED: A1

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N/F FORSYTH COUNTY PIN: 216 019

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2-BICYCLE PARKING

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2-BICYCLE PARKING

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40' BUFFER

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CLIMATE CONTROLLED SELF-SERVICE STORAGE DEVELOPED AREA = 2.04 ACRES

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MAIN ENTRY

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MAIN ENTRY

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PROPOSED 6' HIGH CHAIN LINK FENCE WITH GATE

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PROPOSED ACCESS TO POND

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25'

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25'

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25'

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25'

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67'

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RETAIL

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PROPOSED RESTUARANT 1,696 SF 17 PARKING SPACES

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1,500 SF

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RETAIL

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1,500 SF

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RETAIL

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1,500 SF

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RETAIL

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1,500 SF

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C-STORE

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4,000%%P SF

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PROPOSED 14'Wx60'Lx14'H LOADING AREA

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215 SF

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228 SF

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228 SF

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382 SF

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275 SF

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300 SF

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275 SF

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PROPOSED CROSSWALK W/STAMPED CONCRETE

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PROPOSED AMENITIES AREA W/TABLES

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PROPOSED AMENITIES AREA W/TABLES

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360 SF

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490 SF

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438 SF

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243 SF

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243 SF

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PROPOSED STORM WATER POND

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PROPOSED STORMWATER MANAGEMENT AREA AND FLOOD COMPENSATION AREA

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CLIMATE CONTROLLED STORAGE 75,000 SF w/BASEMENT 2-STORY 16 PARKING SPACES

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PROPOSED 8' HIGH CHAIN LINK FENCE WITH GATE

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PROPOSED ACCESS TO POND

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MAIN ENTRY

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PROPOSED CANOPY W/20 FUEL PUMPS

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PR. 5' CROSSWALK

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PR. 5' CROSSWALK

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PROPOSED C-STORE & RETAIL 10,000± SF42 PARKING SPACES

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FLOOD ZONE "AE" AS PER FIRM 13085C0064F DATED 3/4/13

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PROPOSED 20' SCREENING BUFFER

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20' BUFFER

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LOCATED BEHIND U.E.

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LOCATED BEHIND U.E.

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PR. 5' CROSSWALK

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PR. 5' CROSSWALK

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PR. 5' CROSSWALK

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THIS DRAWING IS THE PROPERTY OF B.C. ENGINEERING, INC. AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART OR USED TO FURNISH

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COPYRIGHT C 2001

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INFORMATION TO OTHERS, OR FOR ANY OTHER PURPOSE DETRIMENTAL TO THE INTEREST OF B. C. ENGINEERING, INC., AND IS TO BE RETURNED UPON REQUEST.

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DRAWN BY:

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CHECKED BY:

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LAND LOT:

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JOB NO.

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1

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SHEET NO.

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DATE:

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2020-029

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3

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OF

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DISTRICT:

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SECTION:

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9/17/20

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DPT

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-

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REVISION

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DATE

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1"=80'

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237

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B.C. ENGINEERING, INC.

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770 205-6162 (FAX)

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770 205-6181 (OFFICE)

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CUMMING, GA 30040

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116 NORTH MAIN STREET

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SITE PLAN FOR

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PROPOSED MIX-USE

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PREPARED FOR

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MARTIN RD & GA HWY 400

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CUMMING, GA

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PARCEL ID: 237-007

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LOCATION MAP

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N.T.S.

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MAGNETIC

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GA HWY 400

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MARTIN RD

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SETTINGDOWN RD

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COUNTY WAY

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HWY 369

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80'

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0

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120'

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SCALE: 1"=80'

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MAGNETIC

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PARCEL ID = 237-007 LOCATION = MARTIN ROAD CUMMING, GA 30028 SITE AREA = 10.623 ACRES IMPERVIOUS AREA = 3.54 ACRES OR 33% PERVIOUS AREA = 7.083 ACRES OR 67% OPEN SPACE = 1.93 ACRES OR 18% MAX. BUILDING HEIGHT = 80 FEET JURISDICTION = FORSYTH COUNTY SANITARY SEWER = GRAVITY EXISTING ZONING = A1 AGRICULTURE DISTRICT PROPOSED ZONING = CBD COMMERCIAL BUSINESS DISTRICT OVERLAY DISTRICT = COAL MOUNTAIN OVERLAY DISTRICT PROTECTED GROUND WATER AREA DISTRICT CUP FOR CONVIENCE STORE WITH GAS PUMPS (2) CONDUCTING AROUND THE CLOCK BUSINESS HOURS. CUP FOR SELF SERVICE STORAGE FACILITY PROPOSED BUILDING AREA CONVENIENCE STORE & RETAIL WITH GAS PUMPS = 10,000 SF BUILDING COVERAGE = 2% RESTAURANT = 1,696 SF BUILDING COVERAGE = 1% CLIMATE CONTROLLED SELF-SERVICE STORAGE = 75,000 SF (2-STORY) w/BASEMENT BUILDING COVERAGE = 6% TOTAL BUILDING COVERAGE = 9% PARKING REQUIREMENTS: CONVENIENCE STORE (4000 SF) ONE PER 250 SQUARE FEET PLUS ONE PER EMPLOYEE REQ'D SPACES= 4,000/250 = 16 PLUS 2 EMPLOYEES = 18 SPACES PROVIDED = 18 RETAIL (6000 SF) ONE PER 250 SQUARE FEET REQ'D SPACES= 6,000/250 = 24 SPACES PROVIDED = 24 HEIGHT= 25' TOTAL SPACES REQ'D= 24 + 18= 42 TOTAL SPACES PROVIDED = 38 STANDARD SPACES 4 HANDICAP SPACES 42 SPACES IN TOTAL RESTAURANT (1696 SF) ONE PER 100 SQUARE FEET REQ'D SPACES= 1,696/100 = 17 HEIGHT= 25' TOTAL SPACES PROVIDED = 15 STANDARD SPACES 2 HANDICAP SPACES 17 SPACES IN TOTAL SELF STORAGE FACILITY (560 UNITS) ONE PER FACILITY MANAGER, PLUS ONE PER EACH 40 STORAGE UNITS, WITH TWO SPACES TOTAL MINIMUM TOTAL SPACES REQ'D = ( ) + 2= 16 56040) + 2= 16 HEIGHT=35' TOTAL SPACES PROVIDED = 14 STANDARD SPACES 2 HANDICAP SPACES 16 SPACES IN TOTAL TOTAL SPACES PROVIDED =42 +17+ 16= 75 W/8 ADA PARKING SPACES TOTAL BICYCLE PARKING PROVIDED = 4 GENERAL NOTES: 1. ALL WETLAND AREAS ARE WITHIN THE 50' UNDISTURBED BUFFER. ALL WETLAND AREAS ARE WITHIN THE 50' UNDISTURBED BUFFER. 2. BUILDING ELEVATIONS WILL BE PROVIDED TO THE COUNTY PRIOR TO BUILDING PERMIT BUILDING ELEVATIONS WILL BE PROVIDED TO THE COUNTY PRIOR TO BUILDING PERMIT SUBMITTAL 3. TREES COVER THE ENTIRE SITE WITH THE EXCEPTION OF THE POWER LINE IN FRONT OF TREES COVER THE ENTIRE SITE WITH THE EXCEPTION OF THE POWER LINE IN FRONT OF THE PROPERTY. 4. THIS SITE SHALL NOT BE SUBDIVIDED AT THIS TIME. THIS SITE SHALL NOT BE SUBDIVIDED AT THIS TIME. 5. EXISTING FLOODPLAIN TO BE RELOCATED SO THAT NO BUILDING WILL BE LOCATED IN EXISTING FLOODPLAIN TO BE RELOCATED SO THAT NO BUILDING WILL BE LOCATED IN FLOODPLAIN. 6. INTERPARCEL CONNECTIONS ARE INFEASIBLE DUE TO FLOODPLAIN.INTERPARCEL CONNECTIONS ARE INFEASIBLE DUE TO FLOODPLAIN.

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DISTANCE

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41.84'

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64.49'

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43.59'

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50.76'

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46.34'

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161.97'

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60.73'

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14.03'

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38.98'

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51.32'

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70.90'

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31.42'

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55.63'

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29.62'

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60.92'

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57.63'

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NO. 22093

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PROFESSIONAL

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OWNER: KIRBY LENA ROUNETTE & KIRBY GEORGE WASHINGTON 3940 SETTINGDOWN ROAD CUMMING, GA 30028

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OWNER: KIRBY LENA ROUNETTE & KIRBY GEORGE WASHINGTON 3940 SETTINGDOWN ROAD CUMMING, GA 30028

REZONING

STAFF REPORT


LOCATION: This property is located northwest of Georgia Highway 400 at the intersection with Martin Road. The property is also located immediately east of property known as 3790 Settingdown Road, Cumming, GA 30028.

ZA3981 STAFF REPORT

PROJECT SUMMARY:Applicant is requesting to rezone from Agricultural District (A1) to Commercial Business District (CBD) on 10.623 acres for commercial buildings with drive-through facilities totaling 7,696 sq. ft. with 41 parking spaces with Conditional Use Permits (CUP) for a 4,000 sq. ft. convenience store with gas pumps with 18 parking spaces conducting around the clock business and a 75,000 sq. ft. climate controlled self-service storage building with 16 parking spaces.


CONTACT INFORMATION:Applicant:COR Properties L.L.C.6320 Keith Bridge RdGainesville GA 30506

Owner(s):George Kirby, Lena Kirby

Attorney:Miles Hansford & Tallant, LLCJ. Ethan Underwood202 Tribble Gap RdCumming GA 30040





(770) 781-2115

Date Submitted:

CHARACTER AREA: North Georgia 400

NODE: Hammonds Crossing Regional Node



Date Submitted:


7/16/2020

9/2/2020

9/18/2020

10/27/2020

11/19/2020

Watershed:Chattahoochee River-Lake Lanier

SITE CHARACTERISTICS: Undeveloped


LOCATION & DISTANCE TO SEWER/SEPTIC ACCESS : Southeast of subject property


STAFF COMMENTS:

PLANNING COMMENTS: The property is located within the Coal Mountain Overlay District and must comply with overlay district regulations.

Stormwater detention and retention ponds shall not be visible from the public right of way unless a twenty-foot (20’) planted buffer is provided outside of the stormwater pond drainage and access easements. Access to the pond shall not face the public right of way (UDC 21-12.8(A)(14)). The buffer shall be planted with two rows of overstory type evergreen trees planted in accordance with County Buffer Standards and shall be located behind the Power Line Easement.

ARBORIST COMMENTS:1. It is the intent of the Tree Ordinance that when trees exist on a site, the required Tree Density should be met with those trees.

2. This site is heavily wooded. By incorporating undisturbed tree save areas into the planning and development of the site, the required tree density could be satisfied utilizing existing trees and any planting requirement greatly reduced if not eliminated.

3. Several large trees exist on site. If they meet the definition of Specimen Trees as defined in the Tree Ordinance, they could result in a substantial recompense planting requirement if they are removed. However, if they are saved, they will result in a substantial amount of credit towards the Tree Ordinance requirements.

4. Compliance with the required tree density may be challenging on this site as currently designed, primarily due to the removal of so many specimen sized trees. The applicant should be advised that this site must meet minimum tree density as required by the Tree Ordinance. Additional land area on the site may be required to be devoted to tree save areas or planting areas at the time of site development.


Applicants whose business involves the sale of alcohol by the package or consumption must meet minimum State, O.C.G.A 3-3-21, and County distance requirements. Applications for a church, school, child care center, housing authority or government alcoholic treatment center within the vicinity of a licensed alcohol establishment must meet minimum distance requirements from that licensed establishment.


Road Name: Georgia 400 Classification: Freeway


Road Name: Martin Road Classification: Collector





Recommended Improvements: Per GDOT and/or Forsyth County Ordinance # 101. Contact Shane Giles at 770-533-8491 regarding questions about bioretention which is not permitted within the GA 400 right-of-way.


STATE WATERS COMMENTS: A Flood Study is required to modify floodplain location and ensure buildings are constructed outside limits of floodplain.

WATER & SEWER COUNTY COMMENTS:Review Date: 24 August 2016


Road Name: Martin Road, and GA 400; Parcel 237-007

Water Service and Location: 6” water main on Martin Road, 36” on GA 400.

Receiving Sewer WRF: City of Cumming WRF. 37,946 SF commercial capacity.

Comments:

Zoning site plan shows relocation of a section of existing Forsyth County 24-inch gravity sewer, and encroachment of a proposed building onto the existing easement. This is not approved and would require the approval of the Forsyth County Board of Commissioners. There is a lengthy process including public meetings that must take place before an existing easement can be abandoned. The relocation shown on the site plan does not look like a feasible plan due to setbacks, as the relocated sewer is shown very close to and running between proposed buildings. Approval of any sewer line relocation must be approved by the Water and Sewer Department and final configuration of utility lines may affect the allowed location of structures proposed on the property.


NRCS COMMENTS:State waters are on property. Soils are Alluvial (hydric) poorly drained and Cecil sandy loam, moderately eroded soils.






Natural Resources: Floodplains are present on the subject property. Proposed development within the floodplain must be submitted to the Department of Engineering prior to any permit approval.

The subject property is within a groundwater recharge area where impervious surfaces should be minimized.


Bike and Pedestrian Facilities: The 2025 Bicycle and Pedestrian Walkway Plan does not indicate any future improvements to Georgia Highway 400 or Martin Road. The developer will be obligated to install pedestrian facilities as required by the Department of Engineering.

North Subarea Trails Master Plan: A small portion of the southern boundary of the subject property is located in the North Subarea Trails Buffer. No improvements will be required by the developer.


STAFF ANALYSIS:


The proposed use is not in conformity with the Forsyth County Comprehensive Plan.

CRITERION 2: Does the proposal permit a use that is suitable in the view of the use and development of adjacent and nearby property? To the north and east, the subject property is adjacent to Commercial Business District (CBD), undeveloped and retail. To the south, the property is adjacent to Agricultural District (A1) and Commercial Business District (CBD), a Forsyth County Government Water Facility and undeveloped. To the west, the property is adjacent to Agricultural District (A1). The proposed use is likely unsuitable in view of the zonings of the surrounding properties.


The proposed rezoning may affect the usability of the adjacent properties.




The proposed use is not in conformity with the Forsyth County Comprehensive Plan based on intensity of use in regards to square footage and architectural massing of the self-service storage building. In addition, the North Georgia 400 Character Area is intended mainly for medium-scale, medium-intensity business and office uses.



Non-supportive based on the intensity of the site design.



PLANNING CONDITIONS:1. Development shall be substantially in accordance with the site plan on file in the Department.2. Around the clock operation is limited to a convenience store with gas pumps as requested in the application.

WATER & SEWER CONDITIONS: 1. Development shall tie onto Forsyth County sewer system by gravity. Gravity sewer outfalls shall follow natural contours in order to minimize depth.

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

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

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

5. There shall be no trees, fences, walls, monument signs, or other obstructions within the utility easements or R/W.

6. There shall be a 10-foot setback from all Water & Sewer Utility Easements or Right-of-Way to any building, unless approved otherwise by Department of Water and Sewer.

7. Approval of any sewer line relocation must be approved by the Water and Sewer Department and final configuration of utility lines may affect the allowed location of structures proposed on the property

ENGINEERING CONDITIONS: None.


Documents

PLANNING COMMISSION PUBLIC HEARING ON 8/25/20 · acres currently zoned Agricultural District (A1). Variance None. PROPERTY LOCATION The property is located at 785 and 795 Brannon