Stakeholders upset over last-minute, developer-friendly changes to the new Tree Ordinance

FORSYTH COUNTY, Ga. – Forsyth County now has new Tree Protection and Replacement and Soil Erosion and Sedimentation Control ordinances after two years of stakeholder meetings and the addition of some controversial, last-minute modifications.

The modifications, which apply to commercial, industrial and mixed-use developments, include removal of a specimen tree survey that would have been required at the time of rezoning, removal of the post development survey and exemption of industrial building footprints larger than 30,000 square feet from site density calculations.

Some, who spoke in opposition to the Tree Ordinance, said the changes were unfairly added at a March 23 meeting that only developers were invited to attend.

Patrick Foster with Smart Growth Forsyth County, said, he was prepared to speak in favor of the ordinance, “but somehow a wrench was thrown into the process at the last minute which not only has resulted in a six-months delay, but has brought about the elimination of some of the most important aspects of the Tree Ordinance that were achieved at the many stakeholder meetings that have taken place over the last year and a half.”

While Commission Chairwoman Cindy Mills and Commissioner Alfred John took the developers to task for not participating in the two-year-long planning process, the proposed ordinances still passed with the modifications intact.

Following public hearings, the Board unanimously approved:

• ZA3411 (Paces Battle Properties, LLC) by Midway Marketplace, LLC to build 43 single-family detached units – Parcels 084-003, 084-004, 084-005, 084-050, and 084-051 – AZ210017 – District 3 – Director, Department of Planning and Community Development;
• The request for an Amendment of Zoning Conditions on ZA3857 (Conner Family Farm, LLC) by Peachland Homes, Inc.;
• An Amendment of Zoning Conditions on ZA3923 (Forsyth County Board of Commissioners) by R & V Cumming;
• An Alternate Design for AMJ Company LLC and variances to UDC 21-11.6(A)(1) and (2);
• The request for an Amendment of Zoning Conditions on ZA3357 (Mt. Paran Properties, Inc.) by AMJ Company;
• The County-Initiated request to rezone 1.477 acres from Commercial Business District (CBD) to Agricultural District;
• Amendments to Chapter 8 related to public participation meeting requirements within the Unified Development Code of Forsyth County;
• A 120-day moratorium on acceptance of applications for land disturbance permits on RES6 zoned parcels and barring acceptance of rezoning applications to RES6, if the requested density is greater than 4.0 units per acre.

The Board postponed decisions on:

• The County-Initiated request for approval of a Sketch Plat to build a 131,805 sq. ft. office/warehouse with 149 parking spaces on 13.307 acres currently zoned Restricted Industrial District (M1);
• The County-Initiated variance request to reduce the Georgia Highway 400 undisturbed buffer from 40 ft. to 0 ft.;
• The request for an Amendment of Zoning Conditions on ZA2147 (Atlantic Gulf Communities Corporation) by Jayashree Madderla and a variance to UDC Table 11.2(a);
• Amendments to Chapters 3, 12, 14, and 16 related to vehicle sales and repair within the Unified Development Code of Forsyth County – Planning Manager, Department of Planning and Community Development

 Under Old Business, Commissioners

• Approved Shelly Daniels application to operate a 384 sq. ft. kennel (dog breeding) with 1 parking space on 1.251 acres located at 2675 Dr. Bramblett Road, Cumming;

• Postponed a decision regarding Sketch Plat approval for RUS-AL (USA), Inc. and Variances to the UDC Section 14-1.3 and Table 14.2;
• Approved the addition of residential design standards for single-family attached and multifamily development to the Unified Development Code;

Under New Business, the Board:

• Approved UDC amendments regarding Res6 performance standards;
• Appointment of Clayton Rhoads as an at-large member of the Forsyth County Development Authority – Board of Commissioners.