FORSYTH COUNTY PLANNING COMMISSION  REGULAR MEETING APRIL23, 2024  On' Tuesday, April 23, 2024 at 6:30p.m., in the Commissioners' Meeting Room ofthel Forsyth County Administration, Building, the Forsyth County Planning Commission held al Regular Meeting/Public Hearings witht the following persons present: Stacy Guy - Chairman, Nedal Shawkat - Secretary, Tim Dineen- Member, Adrian) Flack - Member and Brian Schmidt Member. Representing the Forsyth County Staff: Tom Brown Planning Director, Leslie Silas- Planning Manager, Margaret Annl Pryor - Planner II, Kiley Smith Planner II, Ryan Breaux Assistant County Engineer, Molly Esswein Jarrard and Davis, LLP  FORSYTH COUNTY PLANNING COMMISSION REGULAR MEETING AGENDA APRIL 23, 2024 AT 6:30 P.M. FORSYTH COUNTY ADMINISTRATION BUILDING COMMISSIONERS MEETING ROOM Suite 220, 2nd Floor  I. Call meeting to order and Pledge of Allegiance  II. Amend and adopt the agenda II. Review of meeting procedures 16, 2024 Work Session V. Old Business None. VI. New Business VII. Public Hearings  IV. Motion to consider adoption of minutes for the March 26, 2024 Regular Meeting and the April  1. Public Hearing: UDC modifications related to expiration periods for land disturbance permits  1. CP230022 Elite Engineering LLC- Commission District 1 acres zoned Commercial Business District (CBD).  Request to build a5 5,040 sq. ft. convenience store with gas pumps with 27 parking spaces on 6.951 The property is located at 6435 Matt Highway, Cumming, GA 30028. The property is alsol located southwest ofl Matt] Highway approximately 520 ft. northwest of the intersection with Wallace Tatum  Road.  2. CP230033 Boardwalk Storage-Sawnee, LLC- Commission District 1 spaces on 2.8 acres zoned Commercial Business District (CBD).  Request tol build al 160,000 sq. ft. climate controlled self-service storage building with 24 parking  Variances:  1    1. Reduce the side landscape strip along the eastern property boundary only from 10ft.toOft. 2. Reduce thes separation distance between self-service storage businesses from 3/4 ofa mile to Thej property is located at 2847, 2877 and 2879 Canton Highway, Cumming, GA 30040.  (UDC 12-10.15). Omiles (UDC 16-4.31(G).  3. CP230037- Viral Lalit Chhadua Commission District4  Request to conduct around the clock businessi in al business service establishment (data center) in buildings totaling 20,000 sq. ft. with 4j parking spaces on 1.95 acres zoned Commercial Business  District (CBD). Variances:  1.R Reduce the required number of parking spaces from 20 to 4(UDC Table 17.1). The property is located west of Stripland Drive approximately 245 ft. northwest of thei intersection  with Browns Bridge Road, Gainesville, GA 30506. 4. CP240001 - Aaryans Lucky Inc- Commission District 1  Request to build ar retail package liquor storei in an 12,005 sq. ft. building including retailofficchrestaurant with 49 parking spaces on 1.309 acres zoned Commercial Business District The property isl located at 3145 Magnolia Commons Circle, Cumming, GA 30028. 5. CP240008 Pure Fitness and Health, LLC- Commission District3  (CBD).  Request to operate a 1,140 sq. ft. massage parlor (clinical massage therapy) in an existing building with 41 parking spaces on' 7.56 acres zoned Commercial Business District (CBD). The property is located at 2450 Atlanta Highway, Suite 501, Cumming, GA3 30040. 6.Z ZA4043 - The Roy Bennett Family Partnership, LLLP Commission District 4 59.988 acres for 961 residential lots with a density of1.60 units per acre.  Request to rezone from Agricultural District (A1)to Single Family Residential District (RES3) on Thej property is located south ofJ Jot] Em Down Road approximately 575 ft. southeast oft the intersection with Cross Roads Road. Thej property is also located immediately west of known as 5530. Jot] Em Down) Road and immediately east of property known as 6804 and property 6810 Cross  Roads Road, Cumming, GA 30041.  7. ZA4116- ForrPlaces Development LLC- Commission District3  Request toi rezone from Agricultural District (A1)t to Commercial Business District (CBD) on 18.174 acres with a Conditional Usel Permit (CUP) fora 3,495 sq. ft. staffed car wash with 10 parking spaces with an overall sitei including restaurant/retail buildings totaling 55,937 sq. ft. with 186! parking spaces, a9,800 sq. ft. daycare center with 73 parking spaces,a7,416s sq. ft. finance  2    establishment with 30j parking spaces and a 45,000 sq. ft. indoor commercial recreational facility Thep property is located at 770 Union! Hill Road, Alpharetta, GA 30004. The property is also located immediately east ofp properties known as 675. James Road and 4601 McFarland Parkway. 8.2 ZA4158-Northi Fulton Feed & Seed Company- Commission District3  with 212 parking spaces.  Request toi rezone from Commercial Business District (CBD) and Agricultural District (A1)to Commercial Business District (CBD) on 2.228 acres with Conditional Use Permits (CUPs) for an open air business and container yard with an overall site including a 5,063 sq. ft. retail trade  establishment in an existing building with 11 parking spaces.  Variances:  1. Reduce the front landscape strip for the parking lot adjacent to the existing asphalt only from 2. Reduce the landscape strip abutting Atlanta Highway adjacent to the existing asphalt only from Thej property isl located at 5510, 5512 and 5520 Atlanta Highway, Alpharetta, GA 30004.The property is also located immediately west of property known as 5510. Atlantal Highway.  10ft.t toOft. (UDC17-5.7). 20ft.t toOft. (UDC21-6.5A)0D).  9. ZA4161 NP Square LLC- Commission District3  Request to rezone: from Agricultural District (A1)to Commercial Business District (CBD) on 2.163 acres for a 21,000 sq. ft. retail/office building with 78j parking spaces.  Variances:  1.1 Reduce the distance oft thes sidewalk from the façade on the front, rear and sides oft thel building  from 61 ft. to Oft. (UDC21-7.5(B)0).  2. Reduce the front landscape strip from 15ft. tol 10ft. (UDC21-7.51A)4).  Thej property is located north of Bethelview Road att the intersection with Steeplechase Boulevard,  Cumming, GA 30040.  10. ZA4162- McKinley Homes USI LLC- Commission! District 1  Request tor rezone from Agricultural District (A1)t to Single Family Residential District (RES2) on Thep property is located at 8075 Wallace Tatum Road, Cumming, GA 30028. The property is also  29.43 acres for 321 residential lots with a density of1.09 units per acre. located immediately east of property known as 8145 Wallace' Tatum Road.  11.ZA4163- - Tipton Development LLC- Commission District 5  Request to1 rezone from Agricultural District (A1)t to Single Family Residential District (RES3) on  10.04 acres for 131 residential lots with a density of1 1.3 units per acre.  3    The property is located west of Old Atlanta Road approximately 215 ft. southwest of the intersection  with. James Burgess Road, Suwanee, GA 30024. 12.ZA4164- Arthur David Delarios- Commission: District 4  Request to rezone from Single Family Residential Restricted District (RIR) to Agricultural District (A1) on 11.02 acres with Conditional Usel Permits (CUPs) for a commercial horse stablei in existing buildings totaling 2,743 sq. ft. with 11 parking spaces and a 900: sq. ft. short-term rental in an existing building for 4 overnight guests with 2j parking spaces with an overall sitei includinga2,437  sq. ft. single family detached dwelling.  Variance:  1.R Reduce the side and rear buffers from 251 ft. toOft. (UDC Table 15.2). Thej property isl located at 6575 Pirkle Drive, Cumming, GA 30028.  VIII. Adjournment  Chairman Guy recognized a quorum with five members present (Guy, Shawkat, Dineen, Flack and Schmidt) at 6:30p.m. and called thei meeting to order. The Pledge of Allegiance was led by Chairman Guy.  ADOPTION OF AGENDA  There was an announcement by Chairman Guy to amend thea agenda:  CP230037 Viral Lalit Chhadua was postponed tot the May 21, 2024 Planning Commission meeting. ZA4043 - Roy Bennett Family Partnership, LLLP was postponed to the May 21, 2024 Planning Commission ZA4162-Mckinley Homes US LLC was postponed tot the May 21, 2024 Planning Commission meeting. ZA4163 - Tipton Development LLC was postponed to thel May 21, 2024 Planning Commission meeting. There was ai motion by Chairman Guy and a second by Adrian Flack to adopt the amended agenda. The  meeting.  CP230022 - Elite Engineering LLCis remanded back to: zoning review.  motion passed unanimously.  REVIEW OFI MEETING PROCEDURES Thei meeting rules and procedures were read by Leslie Silas. ADOPTION OFI MINUTES Meeting minutes." The motion passed unanimously.  There was a motion by Chairman Guy and as second by Adrian Flack to adopt the March 26, 2024 Regular There was a motion by Chairman Guy and as second by Adrian Flack to adopt the. April 2024 Work 1. UDCI modifications related to expiration periods for land disturbance permits were presented  Session NEW BUSINESS Soucek.  16,  minutes. Thei motion passed unanimously.  by Anneli  4    Chairman Guy declared the Public Hearing open.  Speaking in favor: None. Speaking in opposition: None.  Chairman Guy declared thel Public Hearing closed.  There was ai motion by Chairman Guy and a second by Adrian Flack to1 recommend approval ofUDC  modifications related to expiration periods for land disturbance permits.  Thei motion passed unanimously. PUBLICHEARINGS  Chairman Guy declared thel Public Hearing open for CP230033 - Boardwalk Storage-Sawnee, LLCto build al 160,000 sq. ft. climate controlled self-service storage building with 24j parking spaces on 2.8 acres  zoned Commercial Business District (CBD).  Variances: 12-10.15).  1. Reduce the sidel landscape strip along the eastern property boundary only from 10f.to0F.(UDC 2. Reduce thes separation distance between self-service storage businesses from 3/4 ofan mile to 0  miles (UDC 16-4.31(G)).  Speaking ini favor: Ethan Underwood Speakingi in opposition: None.  Chairman Guy declared the! Public Hearing closed.  There was ar motion by Nedal Shawkat and as second by Chairman Guy tor recommend approval for CP230033 - Boardwalk Storage-Sawnee, LLCtol build a 160,000 sq. ft. climate controlled self-service storage building with 24 parking spaces on 2.8 acres zoned Commercial Business District (CBD) with the following variances  and conditions: Variances: 10.15).  1. Reduce the sidel landscape strip along the eastern property boundary only from 10ft. toOft. (UDC 12- 2. Reduce the separation distance between self-service: storage businesses from 3/4 ofar milei to 01 miles  (UDC 16-4.31(G)). Conditions: Route 20).  1. Owner/Developer shall obtain a GDOT encroachment permit to tiet to Canton Highway (aka State  5    2. Thel building shall shares similar design characteristics toj provide repeating patterns, materials, and colors to emphasize design integrity and be substantially in accordance with the. Architecture/  Building Material /Color Palette foundi in Exhibit. A.  3. Buildings shall be similar to thei renderings and elevations shown in Exhibit A.  4. Stucco shall not be used on any buildings. 5. Tilt walls shall not be permitted. stone and brick.  6. Alli retaining walls visible from residentially or agriculturally zoned properties shall be faced with 7. All ground mounted mechanical, HVAC, electric, communications, and like systems shall be screened from view outside the subject property from a vantage point thirty (30) feet or lessi in height, as measured from grade, by vegetative screening at maturity, by 100% opaque fencing, an earthen berm, 8. Any entrance/exit tot the open storage yard shall be gated and access through the gate shall be electronically controlled to only permit access by authorized customers. 9. There shall be no customer access to thes subject property from 12:00. a.m. to 4:00a.m.  orac combination thereof.  10. Ifnot otherwise prohibited by Forsyth County, owner developer may construct one (1) monument sign b. Thes sign faces shall not be oft thes singular plastic insert or panel sheet variety. Channel letters are 11. Lawns, buffers, and landscaped areas shall be continuously maintained, and deceased vegetation shall  pert the following:  a. Thes structure: shall be brick or stone. strongly encouraged. be replaced immediately.  C. Ifinternally illuminated, lettering shall bei individually formed and lighted.  12. Vehicle, equipment, and trailer rental shall bej prohibited.  13. Unless approved by thel Engineering Department, GDOT, or Water & Sewer Department, as applicable, there shall be no trees planted within the right-of-way ori in utility easements. 14. Only boats on trailers, personal watercraft on trailers, passenger vehicles, recreational vehicles (RVs), and campers, which are authorized tenants of thes storage business, are permitted tol be stored on the property and each shall bes stored onlyi int their assigned slip. Storage of anything other than boats on trailers, personal watercraft on trailers, passenger vehicles, recreational vehicles (RVs), and campers is prohibited. This] prohibition includes, but is not limited to, junk, junk vehicles, construction equipment, shipping equipment, tractor trailers, tanker trucks, shipping containers, earth moving equipment and 15. Only storage is permitted. Washing, repairing, fueling, draining of fluids, refilling of fluids, servicing, 16. Nos sewage discharge or disposal is permitted on thej premises. Anything stored onj premises that contains a waste water tank must have the contents ofthe tank emptied prior to entering the premises.  dumpsters.  or any similar activity is prohibited on the premises.  6    17. Alll lease agreements shalli include: notice of, and agreement to, abidel by the rules of the property which shall include, but not bel limited to, prohibiting loitering on, living on, camping on, making excessiver noise on thep property, or disposing ofrefuse in violation of said rules. 18. Owner/Operator shall maintain a dumpster or trash receptacle for use by customers to deposit solid waste from authorized items stored on premises. Though not required, any dumpster shall be no larger than six (6) feet by six (6) feet and shall be located where iti is not visible from any adjacent property orright-of-way and shall be emptied weekly to avoid unpleasant odors and/or attractingi insects and/or 19. The climate-controlled: self-storage area shall bei fenced with a 4-board style fence along Highway 20. Black, green or brown vinyl coated chain link fencing may be allowed along the sides and rear of the property ifthe chain link fencing is screened at the time ofp plant maturity with evergreen trees, and/or  vermin.  shrubs for the full length and height of the fence.  20. Uplightingi is prohibited.  21. All lighting visible from residentially or agriculturally zoned properties, except lighting mounted lower than three (3) feet, shalll bei individually motion activated and programmed to shut off not more 22. All canopy luminaries shall be fully recessed and utilize flat lenses. All other fixtures shall be full- 23. All lighting shall emit al low color temperature light having a Kelvin temperature of no more than three-thousand (3,000). Thereby, light emitted from any source on site will be int the "warm" spectrum and light with al bluish color, sometimes referred to as "daylight" lights, which are in the "cool"  than fifteen (15) minutes after motion is last detected.  cutoff or fully shielded.  spectrum arej prohibited. Seet the chart below for guidance.  1500K  8000K  Kelvin Chart  Temperature  24. A video surveillance system shall bei installed, maintained, and recording at all times. The video cameras shall be ofas sufficient number to capture video oft the entire perimeter and/or interior oft the site. All video cameras shall be capable of capturing video images in darkness, commonly referred to as' "night vision" video, with lowl lux capabilities. The video surveillance system shall record and store all video from all cameras for not less than thirty (30) days. Upon request from Law Enforcement, including, buti not limited to, Code Compliance, recordings shall be preserved for not less than thirty (30) days, as1 measured from the date of request, to allow time forl legal authorization to obtain said recordings. Cameras shall bej positioned, or the system shall bej programmed sot that video ori images of privately-owned external properties is not recorded in order to avoid anyi invasion of neighbor's  7    privacy. There shall be cameras positioned to capture the license plate of all vehicles entering and 25. Burglar bars, fiberglass awnings, exterior roof access ladders, and steel roll down curtains are 26. Enclosed RVj parking and exterior canopy structures on an open storage lot shall not exceed twenty- 27. Where visible from Highway 20, exterior canopy columns on structures on an open storage lot, ifany, 28. Stormwater detention and retention ponds () must not be visible from thej public right-of-way unless a twenty (20) foot planted buffer (planted tol Forsyth County Buffer Standards) is provided outside oft the exterior pond fence and (ii) shall include a diversity of plant material based on species recommendations: referenced in the Georgia Stormwater Management Manual. Thej planting selection shall achieve adequate screening ands shall promote natural mosquito control through providing appropriate habitat for various insects that feed on mosquitos throughout the mosquito life cycle. 29. District Commissioner approval of the landscape design, architectural design, and building materials  exiting the premises. prohibited.  five (25) feeti inl height.  the full columns shall be faced with brick or stone.  must! be obtained before issuance ofa an LDP.  Thei motion passed unanimously.  Chairman Guy declared thel Public Hearing open for CP240001 - Aaryans Lucky Inct tol build ai retail package liquor store ina 12,005 sq. ft. building including retailofficehrestaurant with 49 parking spaces on 1.309 acres  zoned Commercial Business District (CBD).  Speaking ini favor: Ethan Underwood Speaking in opposition: None.  Chairman Guy declared the Public Hearing closed.  There was a motion by Nedal Shawkat and as second by Chairman Guy to recommend Aaryans Lucky Inct tol build a retail package liquor store in a 12,005 sq. ft. building including retailofficehrestaurant with 49j parking spaces on 1.309 acres zoned Commercial Business District (CBD) with  ofCP240001  -  approval  the following conditions: Conditions:  1. District Commissioner approval oft the landscape design, building architectural design, and building 2. Thep proposed building shall have a sides setback from the western lot boundary line of no less than 3. There shall be ai ten foot (10") landscape strip along the entire western lot boundary line, except for 4. Thel building shall share similar design characteristics with other buildings in the development to  materials must be obtained beforei issuance of an LDP.  twenty feet (20').  perpendicular sidewalk and street crossings.  8    provide repeating patterns, materials and colors to emphasize design integrity and be substantially in accordance with the Architecture/Building Material/Color Palette Exhibit attached as Exhibit. A. Tilt 5. Exterior building materials shall consist of brick, stone, glass or cementitious siding. Stucco shall not  walls are not] permitted. bea ap permitted building material. 5. Uplighting is prohibited. cutoff or fully shielded.  7. All canopy luminaries shalll be fully recessed and utilize flat lenses. All other fixtures shall be full- 8. All lighting shall emit al low color temperature light having al Kelvin temperature of no more than three-thousand (3,000). Thereby, light emitted from any source on site will be int the "warm" spectrum and1 light with al bluish color, sometimes referred to as "daylight"lights, which are in the  "cool" spectrum are] prohibited. See the chart below for guidance.  1500K  8000K  Kelvin Chart  Temperature  9. Avideo surveillance system shall bei installed, maintained, and recording at all times. The video cameras shall be ofas sufficient number to capture video oft the entire perimeter and/or interior of the site. All video cameras shall be capable of capturing video images in darkness, commonly referred to as "night vision" video, with low lux capabilities. The video surveillance system shall record and store all video from all cameras for not less than thirty (30) days. Upon request from Law Enforcement, including, buti notl limited to Code Compliance, recordings shall be preserved for not lesst than thirty (30) days, as measured from the date ofr request, to allow time for legal authorization to obtain saidi recordings. Cameras shall be positioned, or the system shall be programmed so that video or images of privately-owned external properties is not recorded in order to avoid any invasion ofneighbor's) privacy. There shall be cameras positioned to capture thel license plate of all vehicles  entering and exiting the premises.  The motion passed unanimously.  Chairman Guy declared thel Public) Hearing open for CP240008 Pure Fitness and Health, LLC to operate a 1,140s sq. ft. massage parlor (clinical massage therapy) in ane existing building with 4 parking spaces on' 7.56  acres zoned Commercial Business District (CBD).  Speaking in favor: Sam Giganti  9    Speaking in opposition: None.  Chairman Guy declared thel Public Hearing closed.  There was ai motion byl Brian Schmidt and as second by Chairman Guy to recommend approval ofCP240008- Purel Fitness and Health, LLCt to operate al 1,140 sq. ft. massage parlor (clinical massage therapy) in an existing building with 4j parking spaces on 7.56 açres zoned Commercial Business District (CBD).  The motion passed unanimously.  Chairman Guy declared thel Public Hearing open for ZA4116- ForrPlaces Development LLC to rezone: from Agricultural District (A1)to Commercial Business District (CBD) on 18.174 acres with a Conditional Use Permit (CUP) fora a 3,495 sq. ft. staffed car wash with 101 parking spaces with an overall site including restaurant/retail buildings totaling 55,937 sq. ft. with 186! parking spaces, a 9,800 sq. ft. daycare center with 73j parking spaces, a 7,416 sq. ft. finance establishment with 30j parking spaces and a 45,000 sq. ft. indoor  commercial recreational facility with 212 parking spaces.  Speaking ini favor: Robert Forrest Speaking in opposition: None.  Chairman Guy declared the Public Hearing closed.  There was a motion by Brian Schmidt and a second by Chairman Guy to recommend approval ofZA4116- ForrPlaces Development LLC to rezone from Agricultural District (A1)to Commercial Business District (CBD) on 18.174 acres with a Conditional Usel Permit (CUP) fora a. 3,495 sq. ft. staffed car wash with 10 parking spaces with an overall sitei including restaurant/retail buildings totaling 55,937: sq. ft. with 186 spaces, 9,800 sq. ft. daycare center with 73j parking spaces, a7 7,416 sq. ft. finance establishment with 30 parking spaces and a 45,000 sq. ft. indoor commercial recreational facility with 212 parking spaces witht the  a following conditions: Conditions:  parking  1. Development shall bes substantially in accordance with the site plan on file in the Department. 2. The owner/Developer shall dedicate right-of-way a minimum of two (2) feet behind the relocated  multi-use trail on Union) Hilll Road.  3. Development shall tie ontol Forsyth County sewer system by gravity. 4. Gravity sewer outfalls shall follow natural contours in order to minimize depth. 5. Sewer access must be provided to all upstream properties.  6. Any improvements tot the water or sewer systems required to meet fire flow or other requirements 7. There shall bei no trees, fences, walls, monument signs, or other obstructions within the  shall be done at developer's expense.  easements  utility  or R/W, unless otherwise approved by Department of Water & Sewer.  10    8. There shall be a 10-foot setback from all Water & Sewer Utility Easements or Right-of-Way to any  building, unless otherwise approved by the Department of Water and Sewer. 9. Theres shall bei no trees planted within the right of way ori in utility easements.  10. Building styles shall be substantially similar tol Exhibit A. Final building materials and color palette 11. There shall bei no commercial deliveries or garbage pick-up between the hours of9:00 p.m. and 6:00  shall be approved by thel District Commissioner.  a.m.  12. The following conditions shall apply to the car wash:  . Hours of operation fora a car wash shall bei no earlier than 6:00 a.m. and nol later than 11:00 p.m. Sunday through Thursday and 6:00a a.m. tol 12:00 a.m. on Friday and Saturday. b. Business identity, either by awnings, accent bands, paint or other applied colors schemes, signage, parapet details and other design embellishments shall not be a dominant architectural feature. Car wash/ / garage door openings shall be oriented away from the right-of-way or recessed into Thej point-of-sale canopy luminaries shall be fully recessed and utilize flat] lenses. Vacuum areas shalll be under canopies, and the following conditions shall apply to canopies: The vacuum canopies shalll havel luminaries that willl bei recessed into the underside oft the ii. Lighting shall not! bei mounted on the top of the canopy and thes sides shall not bei illuminated V. Canopies shall be architecturally integrated with the building using similar materials, colors, vi. Vacuum canopies shall be black metal with ai mesh cloth top that matches thei finishes of the Vacuum hoses shall not be allowed to bunch on the ground. A sign asking customers to return h. Vacuum pumps and other equipment shall bes screened using ai masonry enclosure that matches thec car wash! building. Vacuum pipes shall be painted to match the car wash building.  thel building.  d. Bay doors shall be roll-up glass.  horizontal metal portion of the canopies. eitheri internally or externally. ii. No signs shall be allowed on canopies.  iv. Lighted orj painted bands of corporate color are prohibited.  and detailing. primary building.  thel hoses tot their reelss shall bej posted.  All retail merchandise shall be stored within the building.  The motion passed unanimously.  Chairman Guy declared the Public Hearing open for ZA4158- North Fulton Feed & Seed Company to rezone from Commercial Business District (CBD) and Agricultural District (A1)t to Commercial Business District (CBD) on 2.228 acres with Conditional Usel Permits (CUPs) for an open air business and container yard with an overall site including a 5,063 sq. ft. retail trade establishment in an existing building with 11 parking  spaçes. Variances:  1. Reduce the front landscape strip for they parking lot adjacent to the existing asphalt only from 10ft.t to  OA.(UDC17-5.7).  11    2. Reduce the landscape strip abutting Atlanta Highway adjacent to the existing asphalt only from 20ft.  OOR.UDC2L-6SAY0D.  Speaking ini favor: Sean Courtney Speaking in opposition: None.  Chairman Guy declared the Public Hearing closed.  There was ar motion by Brian Schmidt and a second by Chairman Guy to recommend approval ofZA4158- North] Fulton Feed & Seed Company to rezone from Commercial Business District (CBD) and Agricultural District (A1) to Commercial Business District (CBD) on 2.228 acres with Conditional Usel Permits (CUPs) for an open air business and container yard with an overall sitei including a 5,063 sq. ft. retail trade establishment in ane existing building with 11 parking spaces with the following variances and conditions:  Variances:  1. Reduce the front landscapes strip for the parking lot adjacent to the existing asphalt only from 10ft.to 2. Reduce thel landscape strip abutting Atlanta Highway adjacent to the existing asphalt only from 20ft.  Of.(UDC 17-5.7). toOft. (UDC21-6.5IA)d).  Conditions:  1. Developer shall tie onto Forsyth County sewer systems by gravity. 2. Gravity sewer outfalls shall follow natural contours toi minimize depth. 3. Sewer access must bej provided to all upstream properties.  4. Any improvements tot the water or sewer systems required toi meet fire flow or other requirements 5. Theres shall be al 10-foot minimum setback from Utility Easements to any building, unless otherwise  shall be done at developer's expense. approved by Forsyth County W &S.  There shall be not trees planted within thei right of way ofi in utility easements.  7. The containers shalll be screened from Atlanta Highway.  8. The Open Air Business and Container Yard shall only bej permitted in the area indicated on the site 9. Ar row ofe evergreen trees shall be provided as al landscape screen in the approximate area iny yellow on Exhibit A. Thei maximum spacing and minimum height oft the trees at the time highlighted of  plan.  planting shall comply with Forsyth County Buffer Standards. 10. Thel District Commissioner shall have approval of alll building elevations.  Ther motion passed unanimously.  12    Chairman Guy declared thel Public Hearing open for ZA4161 -NP Square LLCt to rezone from Agricultural District (A1)t to Commercial Business District (CBD) on 2.163 acres for a 21,000 sq. ft. retail/office building  with 78j parking spaces. Variances:  1. Reduce the distance of the sidewalk from the façade on the front, rear and sides oft the building from 6  ft.toOft. (UDC21-7.5B)0).  2. Reduce the front landscape strip from 151 ft. tol 10ft. (UDC21-75A)4).  Speaking in favor: Shyam Mallavarapu Speaking in opposition: Vishal Lalwani Speaking in favor (in rebuttal): Shyam Mallavarapu  Chairman Guy declared the Public Hearing closed.  There was ai motion by Brian Schmidt and a second by Chairman Guy toj postpone ai recommendation for ZA4161 NP Square LLCt to rezone from Agricultural District (A1) to Commercial Business District (CBD) on2 2.163 acres for a21,000 sq. ft. retail/office building with 78 parking spaces to thel May 21,2024 Planning  Commission meeting for decision only. The motion passed unanimously.  Chairman Guy declared thel Public Hearing open for ZA4164- Arthur David Delarios toi rezone from Single Family Residential Restricted District (R1R) to Agricultural District (A1) on 11.02 acres with Conditional Usel Permits (CUPs) for a commercial horse stable ine existing buildings totaling 2,743 sq. ft. with 11 parking spaces and a 900: sq. ft. short-term rentali in ane existing building for 4 overnight guests with 2 parking spaces  witha and overall site including a 2,437s sq. ft. single family detached dwelling.  Variance: Speaking ini favor: Arthur David Delarios Speaking in opposition: None.  1. Reduce the side andi rear buffers from 25 ft. toOft. (UDCTable 15.2).  Chairman Guy declared thel Public Hearing closed.  There was ai motion by Adrian Flack and a second by Chairman Guy to recommend approval of ZA4164- Arthur David Delarios to1 rezone: from Single Family Residential Restricted District (RIR) to Agricultural District (A1) on 11.02 acres with Conditional Usel Permits (CUPs) for a commercial horse stablei in existing buildings totaling 2,743 sq. ft. with 11 parking spaces and a 900 sq. ft. short-term rental in an existing building for 4 overnight guests with 2 parking spaces with an overall sitei including a2,437sq. ft. single  13    family detached dwelling witht the following variance and conditions:  Variance: Conditions:  1. Reduce the side and rear buffers from 25 ft.toOft. (UDCTable 15.2).  1. Any improvements tot the water system required to meet fire flow or other requirements shall be done 2. There shall be a 10-foot minimum setback from all Utility Easements to any building, unless 3. There shall be no trees planted within the right of way or in utility easements.  at developer'se expense.  otherwise approved by! Forsyth County W&S.  4. Short-term rental shall be restricted to one unit being the 900 sq. ft. unit identified ont the concept site  plan on file: in the department. Thei motion passed unanimously. Thei motion passed unanimously.  There was ai motion by Chairman Guy and as second by Adrian Flack to adjourn the meeting at 8:10p.m.  The above and foregoing minutes shall be adopted on May 21,2024.  Stacy Guy, Chairman  S Timl Dineen,Member Brians E Slem Adrian Flack, Member  Secretary  14