Meetings

Adopted Board of Commissioners meeting minutes in a searchable format are available through the MCCi Online Library (click here for link).

Board of Commissioners 2017 Meeting Schedule (click here for link). 

Archived meeting videos can be viewed online (click here for link).

Tuesday, January 31, 2017 6:30 PM

Planning Commission - Regular Meeting

Location

Administration Building
110 E Main Street
Cumming, GA 30040

Meeting Video

   BOOKMARKS
10:39
ZA3816
22:10
ZA3818
28:31
CP160010
01:21:38
ZA3791
02:04:19
ZA3812
02:38:27
ZA3822
03:01:47
ZA3823

Documents

PUBLIC NOTICE


The Forsyth County Planning Commission will hold a meeting on Tuesday, January 31, 2016 at 6:30 p.m. in the Commissioners’ Meeting Room, Suite 220 of the Forsyth County Administration Building located at 110 East Main Street, Cumming Georgia 30040.

The purpose of this meeting will be for the review and discussion of items as outlined on the agenda and such other business as may properly come before the Planning Commission.
  All interested persons are encouraged to attend.

Forsyth County is committed to providing all persons with equal access to its services, programs, activities, education and employment regardless of race, color, national origin, religion, sex, familial status, disability or age. Persons with special needs relating to handicapped accessibility or foreign language may contact the Title VI Coordinator at 770-781-2101 a minimum of 48 hours prior to the meeting date/time. The Title VI Coordinator is located at 110 East Main Street, Suite 255, Cumming, Georgia between the hours of 8:30 AM and 5 PM, Monday through Friday, except holidays. Persons with hearing disabilities can contact us using the Georgia Relay Service, at (TDD) 1-800-255-0056 or (Voice) 1-800-255-0135, and asking to connect to 770-781-2101. 

Leslie Silas
Planner II
January 17, 2017



FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING AGENDA
JANUARY 31, 2017 @ 6:30 P.M.
COMMISSIONERS’ MEETING ROOM
Suite 220, 2nd Floor



I.             CALL MEETING TO ORDER AND PLEDGE OF ALLEGIANCE

II.
            AMEND AND ADOPT THE AGENDA

III.
          REVIEW OF MEETING PROCEDURES

IV.
          MOTION TO CONSIDER ADOPTION OF MINUTES FOR THE NOVEMBER 15, 2016 WORK SESSION MEETING, THE NOVEMBER 15, 2016 REGULAR MEETING, AND THE JANUARY 24, 2017 WORK SESSION MEETING.

V.            OLD BUSINESS

PUBLIC HEARING CONDUCTED.  DISCUSSION OF THE APPLICATION BY THE PLANNING COMMISSION WILL RECONVENE AT THE NEXT REGULAR MEETING ON JANUARY 31, 2017.

1.
  Glenn Levent   ZA3816                  Commission District #3

Request to rezone from Agricultural District (A1) to Highway Business District (HB) on 2.01 acres with a Conditional Use Permit for a night watchman residence and proposed office buildings totaling 4,375 sq. ft. with 15 parking spaces.

Located: This property is located at the northernmost approximately 340 ft. of property known as 3550 Hamby Road and all of the property known as 3560 Hamby Road, Alpharetta, GA 30004.

 

Variances:

1. Reduce the zoning buffer abutting Agricultural District (A1) property from 40 ft. to 0 ft. along the eastern property boundary (UDC Table 12.2).

2. Reduce the zoning setback abutting Agricultural District (A1) property from 50 ft. to 5 ft. along the eastern property boundary (UDC Table 12.2).

3. Reduce the zoning buffer abutting the City of Milton (AG-1) property from 40 ft. to 20 ft. along the western boundary (UDC Table 12.2).

 

2.  Glenn Levent   ZA3818                  Commission District #3

Request to rezone from Agricultural District (A1) to Restricted Industrial District (M1) on 1.84 acres for proposed office/warehouse buildings totaling 15,000 sq. ft. with 22 parking spaces.

Located: This property is located at the southern portion of property known as 3550 Hamby Road, Alpharetta GA 30004, approximately 340 ft. south of Hamby Road and immediately south of property known as 3560 Hamby Road.

 

Variances:

1. Reduce the zoning buffer from 60 ft. to 20 ft. along the western boundary (UDC Table 14.2).

2. Reduce the required setback abutting Agricultural District (A1) property from 75 ft. to 50 ft. along the eastern boundary (UDC Table 14.2).

3. Reduce the zoning buffer abutting Agricultural District (A1) property from 60 ft. to 40 ft. along the eastern boundary (UDC Table 14.2).


VI.          NEW BUSINESS

                None.

 

VII.         PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS


1.  Sumalatha Satoor and Sailak, LLC           CP160010                             Commission District #5
Request to build a religious facility (temple) totaling 11,200 sq. ft. with 109 parking spaces and a priest residence totaling 4,128 sq. ft. on 7.678 acres currently zoned Single Family Residential Restricted District (R2R).


Located:  This property is located at 5325 Pilgrim Point Road. The property is also located on the south side of Mercedes Drive, approximately 750 ft. east of the intersection with Pilgrim Point Road.

 

VIII.       PUBLIC HEARINGS FOR HOME OCCUPATION PERMITS
                None.

IX.
         PUBLIC HEARINGS FOR REZONINGS

1.  Ridge 19, LLC                                                ZA3732                                 Commission District #4
Request to rezone from Restricted Industrial District (M1) to Master Planned District (MPD) on 29.414 acres for 87 residential lots with a density of 2.96 units per acre and proposed commercial buildings totaling 36,500 sq. ft. with 186 parking spaces.


Located:  This property is located on the east side of Georgia Highway 400 approximately 3,200 ft. north of the intersection with Cross Roads Road and is also located at the northeast corner of the intersection of Sandy Court and Cross Roads Road.



2.  Meritage Homes of Georgia, Inc.                   ZA3791                                                  Commission District #3
Request to rezone from Agricultural District (A1) and Commercial Business District (CBD) to Master Planned District (MPD) on 287.68 acres for 344 residential lots and 84 attached residential units with a density of 1.48 units per acre and proposed commercial buildings totaling 49,800 sq. ft. with 239 parking spaces.



Located:  This property is located at 6900, 7000, 7108, 7278 and 7240 Castleberry Road, Cumming, GA 30040. The property is also located at the northwest corner of the intersection of Atlanta Highway and Castleberry Road and on the north side of Atlanta Highway approximately 753 ft. east of the intersection of Atlanta Highway and Fowler Road. The property is also located on the west side of Castleberry Road approximately 425 ft. north of the intersection with Atlanta Highway. The property is also located west of Castleberry Road approximately 2,550 ft. south of the intersection with Majors Road. The property is also located at the western corner of the intersection of Majors Road and Castleberry Road and on the west side of Majors Road approximately 1,750 ft. south of the intersection with Buckingham Circle.

Variance:

1. Reduce the commercial component from 25% to 6% (UDC 20B-2.2).


 

3.  Lennar Georgia, Inc.                                      ZA3792                                 Commission District #5
Request to rezone from Agricultural District (A1) to Master Planned District (MPD) on 3.928 acres that is associated with the total development of 320 residential units on 166.67 acres.


Located: This property is located at 2407, 2471 and 2495 Fairway Lane, Cumming, GA 30041. This property is also located south of Fairway Lane approximately 1,150 ft. northeast of the intersection with Fairway Drive and directly adjacent to 2407 Fairway Lane.



Variances:
1. Reduce the commercial component from 25% to 0% (UDC 20B-2.2).

2. Reduce the minimum open space from 20% to 0% (UDC 20B-2.4).



4.  Nancy Bentley                ZA3807 Commission District #2
Request to rezone from Commercial Business District (CBD) and Agricultural District (A1) to Master Planned District (MPD) on 20.976 acres for 105 attached residential units with a density of 5.01 units per acre and proposed commercial buildings totaling 29,600 sq. ft. with 148 parking spaces.

Located: This property is located at 1571, 1615, 1637, 1655 and 1683 Sharon Road, Cumming, GA 30041. The property is also located on the north side of Sharon Road approximately 550 ft. east of the intersection with Peachtree Parkway.

 

5.  Southern Specialty Services, Inc.                   ZA3811                                              Commission District #1
Request to rezone from Neighborhood Shopping District (NS) to Highway Business District (HB) on 1.14 acres for a proposed 4,800 sq. ft. automobile service establishment with 16 parking spaces.

Located: This property is located at 840 Canton Highway, Cumming, GA 30040.

6.  Ashton Atlanta Residential, LLC          ZA3812                            Commission District #2
Request to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 24.558 acres for 38 residential lots with a density of 1.55 units per acre.

 

Located:  This property is located on the west side of Old Atlanta Road approximately 1,350 ft. north of the intersection with Azalea Bluff Drive and approximately 850 ft. south of the intersection with Copper Mill Trail, which is also the western and southern portion of property known as 2220 Old Atlanta Road. The property is also the western portion of property known as 2182 Old Atlanta Road, approximately 600 ft. west of Old Atlanta Road.

 

 

7.  Settingdown Properties, LLC                       ZA3820                                 Commission District #1&4

Request to rezone from Agricultural District (A1) to Single Family Community Residential District (CR2) on 163.4 acres for 222 residential lots with a density of 1.36 units per acre.


Located: This property is located at 3480 Dr. Bramblett Road, Cumming, GA 30028. This property is also located on the east side of Dr. Bramblett Road approximately 750 feet north of the intersection with Holbrook Road and approximately 500 feet south of the intersection with Byers Road.

 

 

8.  Tallant Family Limited Partnership          ZA3821                                   Commission District #4
Request to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Master Planned District (MPD) on 20.37 acres for 57 residential lots with a density of 2.8 units per acre and proposed commercial buildings totaling 36,000 sq. ft. with 146 parking spaces.

 

Located:  This property is located at 3030, 3070, 3076 and 3080 Dahlonega Highway, Cumming, GA 30040.

 

 

9.  4087 Post Sosebee, LLC                                     ZA3822                                           Commission District #1
Request to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 22.348 acres for 32 residential lots with a density of 1.44 units per acre.

 

Located:  This property is located at 5240 and 5244 Hyde Road, Cumming, GA 30040. This property is also located approximately 1,000 ft. and 1,300 ft. west of Hyde Road, on the west side of Hyde Road approximately 870 ft. north of the intersection with Drew Campground Road.

 


10.  Mikail Khalilov                 ZA3823            Commission District #3

Request to rezone from Single Family Residential District (R1) to Commercial Business District (CBD) on 2.14 acres for proposed mini-warehouses totaling 19,730 sq. ft. with 3 parking spaces.


Located: This property is located on the west side of Valley Circle Road approximately 600 ft. south of the northeastern intersection with Atlanta Highway.

 

11.  Sherry and Randall Fields          ZA3825   Commission District #1

Request to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 31.882 acres for 49 residential units with a density of 1.54 units per acre.


Located: This property is located north of Roper Road approximately 1,215 ft. northeast of the intersection with Dishroom Road and approximately 2,980 ft. southwest of the intersection with Dr. Bramblett Road.

 


12.  Frances Cain ZA3826 Commission District #4
Request to rezone from Agricultural District (A1) to Restricted Industrial District (M1) on 10.485 acres for proposed office/warehouse buildings totalling 37,500 sq. ft. with 48 parking spaces.

 

Located:  This property is located east of Settingdown Road approximately 150 ft. north of the intersection with Glenhaven Drive and approximately 1,335 ft. south of the intersection with Cross Roads Road.

 

13.  Van D. Hall   ZA3827 Commission District #2
Request to rezone from Agricultural District (A1) and Single Family Residential Restricted District (R2R) to Single Family Residential District (RES4) on 16.78 acres for 25 residential lots with a density of 1.49 units per acre.

 

Located:  This property is located at 3355 Mathis Airport Parkway, Suwanee, GA 30024. This property is also located east of Mathis Airport Parkway at the intersection with Bagley Road and approximately 220 ft. south of the intersection with Laurel Oak Drive.



X.            ADJOURNMENT

FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING AGENDA
JANUARY 31, 2017 @ 6:30 P.M.
COMMISSIONERS’ MEETING ROOM
Suite 220, 2nd Floor

**MEETING SUMMARY**

Planning Commission Members Present:  Bettina Hammond, Stacy Guy, Patrick Britt, Tim Dineen and Rusty Whitlow

 Staff Present: Tom Brown, Vanessa Bernstein-Goldman, Ellis Still , Leslie Silas, – Planning and Community Development; Bill Powell – Engineering and Aaron Meyer -- Jarrard & Davis LLP

 Below is a brief agenda summary.  The official minutes will be published at a later date.

CALL MEETING TO ORDER AND PLEDGE OF ALLEGIANCE
CALLED TO ORDER AT 6:31 P.M.

 II.            AMEND AND ADOPT THE AGENDA
                Agenda adopted as amended:

ZA3732 – Ridge 19, LLC –postponed to the February 28, 2017 regular meeting.

ZA3792 – Lennar Georgia, Inc. –postponed to the February 28, 2017 regular meeting.

ZA3807 – Nancy Bentley –postponed to the February 28, 2017 regular meeting.

ZA3811 – Southern Specialty Services, Inc. - postponed to the February 28, 2017 regular meeting.

ZA3820 – Settingdown Properties, LLC –postponed to the February 28, 2017 regular meeting.

ZA3821 – Tallant Family Limited Partnership –postponed to the February 28, 2017 regular meeting.

ZA3825 – Sherry and Randall Fields –postponed to the February 28, 2017 regular meeting.

ZA3826 – Frances Cain –postponed to the February 28, 2017 regular meeting.

ZA3827 – Van D. Hall –postponed to the February 28, 2017 regular meeting.


III.           REVIEW OF MEETING PROCEDURES

Procedures are read with recommendations to be heard at the February 16, 2017 Board of Commissioners meeting.


IV.          MOTION TO CONSIDER ADOPTION OF MINUTES FOR THE NOVEMBER 15, 2016 WORK SESSION MEETING, THE NOVEMBER 15, 2016 REGULAR MEETING, AND THE JANUARY 24, 2017 WORK SESSION MEETING.
November 15, 2016 Work Session minutes, November 15, 2016 Regular Meeting minutes and January 24, 2017 Work Session minutes adopted.


V.            OLD BUSINESS

PUBLIC HEARING CONDUCTED.  DISCUSSION OF THE APPLICATION BY THE PLANNING COMMISSION WILL RECONVENE AT THE NEXT REGULAR MEETING ON JANUARY 31, 2017.

1.  Glenn Levent                 ZA3816                  Commission District #3

Request to rezone from Agricultural District (A1) to Highway Business District (HB) on 2.01 acres with a Conditional Use Permit for a night watchman residence and proposed office buildings totaling 4,375 sq. ft. with 15 parking spaces.

Located: This property is located at the northernmost approximately 340 ft. of property known as 3550 Hamby Road and all of the property known as 3560 Hamby Road, Alpharetta, GA 30004.

 

Variances:

1. Reduce the zoning buffer abutting Agricultural District (A1) property from 40 ft. to 0 ft. along the eastern property boundary (UDC Table 12.2).

2. Reduce the zoning setback abutting Agricultural District (A1) property from 50 ft. to 5 ft. along the eastern property boundary (UDC Table 12.2).

3. Reduce the zoning buffer abutting the City of Milton (AG-1) property from 40 ft. to 20 ft. along the western boundary (UDC Table 12.2).

RECOMMENDED DENIAL

 

2.  Glenn Levent                 ZA3818                  Commission District #3

Request to rezone from Agricultural District (A1) to Restricted Industrial District (M1) on 1.84 acres for proposed office/warehouse buildings totaling 15,000 sq. ft. with 22 parking spaces.

Located: This property is located at the southern portion of property known as 3550 Hamby Road, Alpharetta GA 30004, approximately 340 ft. south of Hamby Road and immediately south of property known as 3560 Hamby Road.

 

Variances:

1. Reduce the zoning buffer from 60 ft. to 20 ft. along the western boundary (UDC Table 14.2).

2. Reduce the required setback abutting Agricultural District (A1) property from 75 ft. to 50 ft. along the eastern boundary (UDC Table 14.2).

3. Reduce the zoning buffer abutting Agricultural District (A1) property from 60 ft. to 40 ft. along the eastern boundary (UDC Table 14.2).

RECOMMENDED DENIAL


VI.          NEW BUSINESS

                None.

 

VII.         PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS


1.  Sumalatha Satoor and Sailak, LLC         CP160010                             Commission District #5
Request to build a religious facility (temple) totaling 11,200 sq. ft. with 109 parking spaces and a priest residence totaling 4,128 sq. ft. on 7.678 acres currently zoned Single Family Residential Restricted District (R2R).


Located:  This property is located at 5325 Pilgrim Point Road. The property is also located on the south side of Mercedes Drive, approximately 750 ft. east of the intersection with Pilgrim Point Road.

RECOMMENDED DENIAL

 

VIII.        PUBLIC HEARINGS FOR HOME OCCUPATION PERMITS
                None.

IX.           PUBLIC HEARINGS FOR REZONINGS

1.  Ridge 19, LLC                                                ZA3732                                 Commission District #4
Request to rezone from Restricted Industrial District (M1) to Master Planned District (MPD) on 29.414 acres for 87 residential lots with a density of 2.96 units per acre and proposed commercial buildings totaling 36,500 sq. ft. with 186 parking spaces.


Located:  This property is located on the east side of Georgia Highway 400 approximately 3,200 ft. north of the intersection with Cross Roads Road and is also located at the northeast corner of the intersection of Sandy Court and Cross Roads Road.

PUBLIC HEARING POSTPONED TO THE FEBRUARY 28, 2017 PLANNING COMMISSION MEETING

 

2.  Meritage Homes of Georgia, Inc.           ZA3791                                                  Commission District #3
Request to rezone from Agricultural District (A1) and Commercial Business District (CBD) to Master Planned District (MPD) on 287.68 acres for 344 residential lots and 84 attached residential units with a density of 1.48 units per acre and proposed commercial buildings totaling 49,800 sq. ft. with 239 parking spaces.

 

Located:  This property is located at 6900, 7000, 7108, 7278 and 7240 Castleberry Road, Cumming, GA 30040. The property is also located at the northwest corner of the intersection of Atlanta Highway and Castleberry Road and on the north side of Atlanta Highway approximately 753 ft. east of the intersection of Atlanta Highway and Fowler Road. The property is also located on the west side of Castleberry Road approximately 425 ft. north of the intersection with Atlanta Highway. The property is also located west of Castleberry Road approximately 2,550 ft. south of the intersection with Majors Road. The property is also located at the western corner of the intersection of Majors Road and Castleberry Road and on the west side of Majors Road approximately 1,750 ft. south of the intersection with Buckingham Circle.

Variance:

1. Reduce the commercial component from 25% to 6% (UDC 20B-2.2).

RECOMMENDED APPROVAL AS RES2, RES3 AND CBD WITH CONDITIONS

 

3.  Lennar Georgia, Inc.                                  ZA3792                                 Commission District #5
Request to rezone from Agricultural District (A1) to Master Planned District (MPD) on 3.928 acres that is associated with the total development of 320 residential units on 166.67 acres.


Located: This property is located at 2407, 2471 and 2495 Fairway Lane, Cumming, GA 30041. This property is also located south of Fairway Lane approximately 1,150 ft. northeast of the intersection with Fairway Drive and directly adjacent to 2407 Fairway Lane.

 

Variances:
1. Reduce the commercial component from 25% to 0% (UDC 20B-2.2).

2. Reduce the minimum open space from 20% to 0% (UDC 20B-2.4).

PUBLIC HEARING POSTPONED TO THE FEBRUARY 28, 2017 PLANNING COMMISSION MEETING

 

4.  Nancy Bentley             ZA3807 Commission District #2
Request to rezone from Commercial Business District (CBD) and Agricultural District (A1) to Master Planned District (MPD) on 20.976 acres for 105 attached residential units with a density of 5.01 units per acre and proposed commercial buildings totaling 29,600 sq. ft. with 148 parking spaces.

Located: This property is located at 1571, 1615, 1637, 1655 and 1683 Sharon Road, Cumming, GA 30041. The property is also located on the north side of Sharon Road approximately 550 ft. east of the intersection with Peachtree Parkway.

PUBLIC HEARING POSTPONED TO THE FEBRUARY 28, 2017 PLANNING COMMISSION MEETING

 

5.  Southern Specialty Services, Inc.            ZA3811                                              Commission District #1
Request to rezone from Neighborhood Shopping District (NS) to Highway Business District (HB) on 1.14 acres for a proposed 4,800 sq. ft. automobile service establishment with 16 parking spaces.

Located: This property is located at 840 Canton Highway, Cumming, GA 30040.
PUBLIC HEARING POSTPONED TO THE FEBRUARY 28, 2017 PLANNING COMMISSION MEETING

 

6.  Ashton Atlanta Residential, LLC          ZA3812                                   Commission District #2
Request to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 24.558 acres for 38 residential lots with a density of 1.55 units per acre.

 

Located:  This property is located on the west side of Old Atlanta Road approximately 1,350 ft. north of the intersection with Azalea Bluff Drive and approximately 850 ft. south of the intersection with Copper Mill Trail, which is also the western and southern portion of property known as 2220 Old Atlanta Road. The property is also the western portion of property known as 2182 Old Atlanta Road, approximately 600 ft. west of Old Atlanta Road.

RECOMMENDED APPROVAL AS RES2 WITH CONDITIONS

 

7.  Settingdown Properties, LLC                 ZA3820                                 Commission District #1&4

Request to rezone from Agricultural District (A1) to Single Family Community Residential District (CR2) on 163.4 acres for 222 residential lots with a density of 1.36 units per acre.


Located: This property is located at 3480 Dr. Bramblett Road, Cumming, GA 30028. This property is also located on the east side of Dr. Bramblett Road approximately 750 feet north of the intersection with Holbrook Road and approximately 500 feet south of the intersection with Byers Road.

PUBLIC HEARING POSTPONED TO THE FEBRUARY 28, 2017 PLANNING COMMISSION MEETING

 

8.  Tallant Family Limited Partnership          ZA3821                                              Commission District #4
Request to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Master Planned District (MPD) on 20.37 acres for 57 residential lots with a density of 2.8 units per acre and proposed commercial buildings totaling 36,000 sq. ft. with 146 parking spaces.

 

Located:  This property is located at 3030, 3070, 3076 and 3080 Dahlonega Highway, Cumming, GA 30040.

PUBLIC HEARING POSTPONED TO THE FEBRUARY 28, 2017 PLANNING COMMISSION MEETING

 

9.  4087 Post Sosebee, LLC                                 ZA3822                                           Commission District #1
Request to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 22.348 acres for 32 residential lots with a density of 1.44 units per acre.

 

Located:  This property is located at 5240 and 5244 Hyde Road, Cumming, GA 30040. This property is also located approximately 1,000 ft. and 1,300 ft. west of Hyde Road, on the west side of Hyde Road approximately 870 ft. north of the intersection with Drew Campground Road.

RECOMMENDED APPROVAL WITH CONDITIONS


10.  Mikail Khalilov                ZA3823            Commission District #3

Request to rezone from Single Family Residential District (R1) to Commercial Business District (CBD) on 2.14 acres for proposed mini-warehouses totaling 19,730 sq. ft. with 3 parking spaces.


Located: This property is located on the west side of Valley Circle Road approximately 600 ft. south of the northeastern intersection with Atlanta Highway.

RECOMMENDATION POSTPONED UNTIL FEBRUARY 28, 2017 REGULAR MEETING


11.  Sherry and Randall Fields      ZA3825   Commission District #1

Request to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 31.882 acres for 49 residential units with a density of 1.54 units per acre.


Located: This property is located north of Roper Road approximately 1,215 ft. northeast of the intersection with Dishroom Road and approximately 2,980 ft. southwest of the intersection with Dr. Bramblett Road.

PUBLIC HEARING POSTPONED TO THE FEBRUARY 28, 2017 PLANNING COMMISSION MEETING


12.  Frances Cain               ZA3826 Commission District #4
Request to rezone from Agricultural District (A1) to Restricted Industrial District (M1) on 10.485 acres for proposed office/warehouse buildings totalling 37,500 sq. ft. with 48 parking spaces.

 

Located:  This property is located east of Settingdown Road approximately 150 ft. north of the intersection with Glenhaven Drive and approximately 1,335 ft. south of the intersection with Cross Roads Road.

PUBLIC HEARING POSTPONED TO THE FEBRUARY 28, 2017 PLANNING COMMISSION MEETING

 

13.  Van D. Hall  ZA3827 Commission District #2
Request to rezone from Agricultural District (A1) and Single Family Residential Restricted District (R2R) to Single Family Residential District (RES4) on 16.78 acres for 25 residential lots with a density of 1.49 units per acre.

 

Located:  This property is located at 3355 Mathis Airport Parkway, Suwanee, GA 30024. This property is also located east of Mathis Airport Parkway at the intersection with Bagley Road and approximately 220 ft. south of the intersection with Laurel Oak Drive.

PUBLIC HEARING POSTPONED TO THE FEBRUARY 28, 2017 PLANNING COMMISSION MEETING


X.            ADJOURNMENT

MEETING WAS ADJOURNED AT 10:06 P.M.

 

 

FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING
January 31, 2017


On Tuesday, January 31, 2017 at 6:30 p.m. in the Commissioner’s Meeting Room (Suite 220) of the Forsyth County Administration Building, the Forsyth County Planning Commission held a meeting with the following persons present:

Representing the Forsyth County Planning Commission:  Bettina Hammond – Chairman, Stacy Guy – Secretary, Patrick Britt – Member, Tim Dineen – Member, and Rusty Whitlow – Member


Representing the Forsyth County staff: Tom Brown, Vanessa Bernstein-Goldman, Ellis Still, Leslie Silas, Planning and Community Development Department, Bill Powell, Engineering Department and Aaron Meyer, Jarrard and Davis, LLP


FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING AGENDA
JANUARY 31, 2017 @ 6:30 P.M.
COMMISSIONERS’ MEETING ROOM
Suite 220, 2nd Floor


I.             CALL MEETING TO ORDER AND PLEDGE OF ALLEGIANCE

II.            AMEND AND ADOPT THE AGENDA

III.           REVIEW OF MEETING PROCEDURES

IV.          MOTION TO CONSIDER ADOPTION OF MINUTES FOR THE NOVEMBER 15, 2016 WORK SESSION MEETING, THE NOVEMBER 15, 2016 REGULAR MEETING, AND THE JANUARY 24, 2017 WORK SESSION MEETING.

V.            OLD BUSINESS

PUBLIC HEARING CONDUCTED.  DISCUSSION OF THE APPLICATION BY THE PLANNING COMMISSION WILL RECONVENE AT THE NEXT REGULAR MEETING ON JANUARY 31, 2017.

1.  Glenn Levent                                               ZA3816                                 Commission District #3

Request to rezone from Agricultural District (A1) to Highway Business District (HB) on 2.01 acres with a Conditional Use Permit for a night watchman residence and proposed office buildings totaling 4,375 sq. ft. with 15 parking spaces.

Located: This property is located at the northernmost approximately 340 ft. of property known as 3550 Hamby Road and all of the property known as 3560 Hamby Road, Alpharetta, GA 30004.

 

Variances:

1. Reduce the zoning buffer abutting Agricultural District (A1) property from 40 ft. to 0 ft. along the eastern property boundary (UDC Table 12.2).

2. Reduce the zoning setback abutting Agricultural District (A1) property from 50 ft. to 5 ft. along the eastern property boundary (UDC Table 12.2).

3. Reduce the zoning buffer abutting the City of Milton (AG-1) property from 40 ft. to 20 ft. along the western boundary (UDC Table 12.2).

 

2.  Glenn Levent                                               ZA3818                                  Commission District #3

Request to rezone from Agricultural District (A1) to Restricted Industrial District (M1) on 1.84 acres for proposed office/warehouse buildings totaling 15,000 sq. ft. with 22 parking spaces.

Located: This property is located at the southern portion of property known as 3550 Hamby Road, Alpharetta GA 30004, approximately 340 ft. south of Hamby Road and immediately south of property known as 3560 Hamby Road.

 

Variances:

1. Reduce the zoning buffer from 60 ft. to 20 ft. along the western boundary (UDC Table 14.2).

2. Reduce the required setback abutting Agricultural District (A1) property from 75 ft. to 50 ft. along the eastern boundary (UDC Table 14.2).

3. Reduce the zoning buffer abutting Agricultural District (A1) property from 60 ft. to 40 ft. along the eastern boundary (UDC Table 14.2).

VI.          NEW BUSINESS

                None.

 

VII.         PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS

1.  Sumalatha Satoor and Sailak, LLC         CP160010                             Commission District #5
Request to build a religious facility (temple) totaling 11,200 sq. ft. with 109 parking spaces and a priest residence totaling 4,128 sq. ft. on 7.678 acres currently zoned Single Family Residential Restricted District (R2R).

Located:  This property is located at 5325 Pilgrim Point Road. The property is also located on the south side of Mercedes Drive, approximately 750 ft. east of the intersection with Pilgrim Point Road.

 

VIII.        PUBLIC HEARINGS FOR HOME OCCUPATION PERMITS
                None.

IX.           PUBLIC HEARINGS FOR REZONINGS

1.  Ridge 19, LLC                                                ZA3732                    Commission District #4
Request to rezone from Restricted Industrial District (M1) to Master Planned District (MPD) on 29.414 acres for 87 residential lots with a density of 2.96 units per acre and proposed commercial buildings totaling 36,500 sq. ft. with 186 parking spaces.

Located:  This property is located on the east side of Georgia Highway 400 approximately 3,200 ft. north of the intersection with Cross Roads Road and is also located at the northeast corner of the intersection of Sandy Court and Cross Roads Road.

 

2.  Meritage Homes of Georgia, Inc.                       ZA3791                      Commission District #3
Request to rezone from Agricultural District (A1) and Commercial Business District (CBD) to Master Planned District (MPD) on 287.68 acres for 344 residential lots and 84 attached residential units with a density of 1.48 units per acre and proposed commercial buildings totaling 49,800 sq. ft. with 239 parking spaces.

 

Located:  This property is located at 6900, 7000, 7108, 7278 and 7240 Castleberry Road, Cumming, GA 30040. The property is also located at the northwest corner of the intersection of Atlanta Highway and Castleberry Road and on the north side of Atlanta Highway approximately 753 ft. east of the intersection of Atlanta Highway and Fowler Road. The property is also located on the west side of Castleberry Road approximately 425 ft. north of the intersection with Atlanta Highway. The property is also located west of Castleberry Road approximately 2,550 ft. south of the intersection with Majors Road. The property is also located at the western corner of the intersection of Majors Road and Castleberry Road and on the west side of Majors Road approximately 1,750 ft. south of the intersection with Buckingham Circle.

Variance:

1. Reduce the commercial component from 25% to 6% (UDC 20B-2.2).

 

 

3.  Lennar Georgia, Inc.                                  ZA3792                 Commission District #5
Request to rezone from Agricultural District (A1) to Master Planned District (MPD) on 3.928 acres that is associated with the total development of 320 residential units on 166.67 acres.

Located: This property is located at 2407, 2471 and 2495 Fairway Lane, Cumming, GA 30041. This property is also located south of Fairway Lane approximately 1,150 ft. northeast of the intersection with Fairway Drive and directly adjacent to 2407 Fairway Lane.

 

Variances:
1. Reduce the commercial component from 25% to 0% (UDC 20B-2.2).

2. Reduce the minimum open space from 20% to 0% (UDC 20B-2.4).

 

 

4.  Nancy Bentley                                                             ZA3807                          Commission District #2
Request to rezone from Commercial Business District (CBD) and Agricultural District (A1) to Master Planned District (MPD) on 20.976 acres for 105 attached residential units with a density of 5.01 units per acre and proposed commercial buildings totaling 29,600 sq. ft. with 148 parking spaces.

Located: This property is located at 1571, 1615, 1637, 1655 and 1683 Sharon Road, Cumming, GA 30041. The property is also located on the north side of Sharon Road approximately 550 ft. east of the intersection with Peachtree Parkway.

 

5.  Southern Specialty Services, Inc.                         ZA3811                 Commission District #1
Request to rezone from Neighborhood Shopping District (NS) to Highway Business District (HB) on 1.14 acres for a proposed 4,800 sq. ft. automobile service establishment with 16 parking spaces.

Located: This property is located at 840 Canton Highway, Cumming, GA 30040.

 

6.  Ashton Atlanta Residential, LLC          ZA3812                                   Commission District #2
Request to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 24.558 acres for 38 residential lots with a density of 1.55 units per acre.

 

Located:  This property is located on the west side of Old Atlanta Road approximately 1,350 ft. north of the intersection with Azalea Bluff Drive and approximately 850 ft. south of the intersection with Copper Mill Trail, which is also the western and southern portion of property known as 2220 Old Atlanta Road. The property is also the western portion of property known as 2182 Old Atlanta Road, approximately 600 ft. west of Old Atlanta Road.

 

 

7.  Settingdown Properties, LLC                 ZA3820                 Commission District #1&4

Request to rezone from Agricultural District (A1) to Single Family Community Residential District (CR2) on 163.4 acres for 222 residential lots with a density of 1.36 units per acre.

Located: This property is located at 3480 Dr. Bramblett Road, Cumming, GA 30028. This property is also located on the east side of Dr. Bramblett Road approximately 750 feet north of the intersection with Holbrook Road and approximately 500 feet south of the intersection with Byers Road.

 

 

8.  Tallant Family Limited Partnership          ZA3821                              Commission District #4
Request to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Master Planned District (MPD) on 20.37 acres for 57 residential lots with a density of 2.8 units per acre and proposed commercial buildings totaling 36,000 sq. ft. with 146 parking spaces.

 

Located:  This property is located at 3030, 3070, 3076 and 3080 Dahlonega Highway, Cumming, GA 30040.

 

 

9.  4087 Post Sosebee, LLC                                 ZA3822                                           Commission District #1
Request to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 22.348 acres for 32 residential lots with a density of 1.44 units per acre.

 

Located:  This property is located at 5240 and 5244 Hyde Road, Cumming, GA 30040. This property is also located approximately 1,000 ft. and 1,300 ft. west of Hyde Road, on the west side of Hyde Road approximately 870 ft. north of the intersection with Drew Campground Road.

 

10.  Mikail Khalilov                                                          ZA3823                 Commission District #3

Request to rezone from Single Family Residential District (R1) to Commercial Business District (CBD) on 2.14 acres for proposed mini-warehouses totaling 19,730 sq. ft. with 3 parking spaces.

Located: This property is located on the west side of Valley Circle Road approximately 600 ft. south of the northeastern intersection with Atlanta Highway.

 

11.  Sherry and Randall Fields                      ZA3825                 Commission District #1

Request to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 31.882 acres for 49 residential units with a density of 1.54 units per acre.

Located: This property is located north of Roper Road approximately 1,215 ft. northeast of the intersection with Dishroom Road and approximately 2,980 ft. southwest of the intersection with Dr. Bramblett Road.

 

12.  Frances Cain                                                               ZA3826                 Commission District #4
Request to rezone from Agricultural District (A1) to Restricted Industrial District (M1) on 10.485 acres for proposed office/warehouse buildings totalling 37,500 sq. ft. with 48 parking spaces.

 

Located:  This property is located east of Settingdown Road approximately 150 ft. north of the intersection with Glenhaven Drive and approximately 1,335 ft. south of the intersection with Cross Roads Road.

 

 

13.  Van D. Hall                                                  ZA3827                 Commission District #2
Request to rezone from Agricultural District (A1) and Single Family Residential Restricted District (R2R) to Single Family Residential District (RES4) on 16.78 acres for 25 residential lots with a density of 1.49 units per acre.

 

Located:  This property is located at 3355 Mathis Airport Parkway, Suwanee, GA 30024. This property is also located east of Mathis Airport Parkway at the intersection with Bagley Road and approximately 220 ft. south of the intersection with Laurel Oak Drive.

 

X.            ADJOURNMENT


 

Chairman Hammond recognized a quorum with five members present (Hammond, Guy, Britt, Dineen and Whitlow) at 6:31 p.m. and called the meeting to order.  The Pledge of Allegiance was led by Chairman Hammond.

Chairman Hammond welcomed new members Tim Dineen representing District 5 and Stacy Guy representing District 2.



ADOPTION OF AGENDA

There was an announcement by Chairman Hammond to amend the agenda by postponing ZA3732 – Ridge 19, LLC to the February 28, 2017 Planning Commission meeting due to the public sign affidavit not being submitted, postponing ZA3792 – Lennar Georgia, Inc. to the February 28, 2017 Planning Commission meeting due to the public sign affidavit not being submitted, postponing ZA3807 – Nancy Bentley to the February 28, 2017 Planning Commission meeting due to the public sign affidavit and public participation report not being submitted, and postponing ZA3811 – Southern Specialty Services, Inc. to the February 28, 2017 Planning Commission meeting due to the public participation report not being submitted.

 

There was a motion by Rusty Whitlow and a second by Patrick Britt to amend the agenda by postponing ZA3820 – Settingdown Properties, LLC to the February 28, 2017 Planning Commission meeting at the applicant’s request.  The motion passed with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

There was a motion by Tim Dineen and a second by Stacy Guy to postpone ZA3821 – Tallant Family Limited Partnership to the February 28, 2017 Planning Commission meeting at the applicant request.  The motion passed with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

There was an announcement by Chairman Hammond to amend the agenda by postponing ZA3825 – Sherry and Randall Fields to the February 28, 2017 Planning Commission meeting due to the public sign affidavit and public participation report not being submitted.

 

There was a motion by Tim Dineen and a second by Patrick Britt to postpone ZA3826 – Frances Cain to the February 28, 2017 Planning Commission meeting at the applicant’s request.  The motion passed with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

There was an announcement by Chairman Hammond to amend the agenda by postponing ZA3827 – Van D. Hall to the February 28, 2017 Planning Commission meeting due to the public sign affidavit and public participation report not being submitted. 

There was a motion by Patrick Britt and a second by Stacy Guy to adopt the amended agenda.  The motion passed with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).


REVIEW OF MEETING PROCEDURES
The meeting rules and procedures were read by Vanessa Bernstein-Goldman.


ADOPTION OF MINUTES

There was a motion by Rusty Whitlow and a second by Patrick Britt to adopt the November 15, 2016 Work Session minutes.  The motion passed with three members in favor (Hammond, Whitlow and Britt) and two members abstaining (Dineen and Guy).

There was a motion by Patrick Britt and a second by Rusty Whitlow to adopt the November 15, 2016 Regular Meeting minutes.  The motion passed with three members in favor (Hammond, Whitlow and Britt) and two members abstaining (Dineen and Guy).

There was a motion by Tim Dineen and a second by Stacy Guy to adopt the January 24, 2017 Work Session minutes Regular Meeting minutes.  The motion passed with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

 


OLD BUSINESS

There was a motion by Patrick Britt and a second by Stacy Guy to recommend APPROVAL of ZA3816 – Glenn Levent Agricultural District (A1) to Highway Business District (HB) on 2.01 acres with a Conditional Use Permit for a night watchman residence and proposed office buildings totaling 4,375 sq. ft. with 15 parking spaces with the following variances and conditions:

VARIANCES:

1.            Reduce the zoning buffer abutting Agricultural District (A1) property from 40 ft. to 0 ft. along the eastern property boundary (UDC Table 12.2).

2.            Reduce the zoning setback abutting Agricultural District (A1) property from 50 ft. to 5 ft. along the eastern property boundary (UDC Table 12.2).

3.            Reduce the zoning buffer abutting the City of Milton (AG-1) property from 40 ft. to 20 ft. along the western boundary (UDC Table 12.2).


CONDITIONS:

A row of evergreen (leyland cypress, dwarf magnolias, etc.) starting 50’ (fifty) feet from roadway, spaced every 15 feet along east property line, parallel to the driveway and continuing to the creek for the neighbor.

A 4 rail fence running parallel to Hamby Road.  Dogwoods to continue from ZA3816 running parallel behind 4 rail fence matching spacing of dogwoods at 3550 Hamby Road.  In front of the 4 rail fence there will be roses or another flowering plant spaced every 8 feet.

Move cow feeder away from road and driveway view.

All iron materials to be put in shop and taken out of driveway within 30 days of approval.

Iron materials used to market products and services are permitted within 20 feet of driveway on road frontage.

All heavy equipment must be moved away from view from Hamby Rd.

The building design will be barn-like as depicted in Exhibit A.

The barn color should be a blonde/pine or red in color with white accents as depicted, but the two buildings must match.

No vehicles, heavy equipment, trucks or vehicles shall remain in one place more than 10 business days.

7 total parking spaces for HB office retail near Hamby Rd.

Existing business licenses must be held and renewed annually for iron works business and bead business.

The following uses are prohibited on the subject property:

(a)  Convenience stores, with or without gasoline pumps;

                (b)  Gas Stations;

                (c)  Adult novelty stores;

                (d)  Adult entertainment centers;

                (e)  Pawn Shops;

                (f)  Tattoo Parlors;

(g)  Bars, Lounges, or Nightclubs provided this shall not preclude a hotel or restaurant from having a bar.

(h)  New or used car dealerships/lots;

                (i)  Dry cleaners;

                (j)  Fast food/coffee;

                (k) No drive-thru windows;

                (l)  No dog kennels.

 

Motion failed with two members in favor (Britt and Guy) and three members opposed (Hammond, Dineen and Whitlow)

 

There was a motion by Rusty Whitlow and a second by Bettina Hammond to recommend DENIAL of ZA3816 – Glenn Levent Agricultural District (A1) to Highway Business District (HB) on 2.01 acres with a Conditional Use Permit for a night watchman residence and proposed office buildings totaling 4,375 sq. ft. with 15 parking spaces.

The motion carried with three members in favor (Hammond, Dineen and Whitlow) and two members opposed (Britt and Guy).

 

 

 

There was a motion by Patrick Britt and a second by Stacy Guy to recommend APPROVAL of ZA3818 – Glenn Levent Agricultural District (A1) to Restricted Industrial District (M1) on 1.84 acres for proposed office/warehouse buildings totaling 15,000 sq. ft. with 22 parking spaces with the following conditions:

CONDITIONS:

 

A row of evergreen (leyland cypress, dwarf magnolias, etc.) starting 50’ (fifty) feet from roadway along north property line, parallel to retail building.

A 4 rail fence running parallel to Hamby Road.  Dogwoods to continue from ZA3816 running parallel behind 4 rail fence matching spacing of dogwoods at 3550 Hamby Road.  In front of the 4 rail fence there will be roses or another flowering plant.

The fence, dog woods and front of fence flowers must match and be consistent from 3550 to 3560 Hamby Rd.

Plant a row of evergreens and a row of hard woods at top of hill east of warehouse to the edge of the warehouse driveway over to existing trees.

15 total parking spaces.

All heavy equipment must be moved away from view from Hamby Rd.

The building design will be barn-like as depicted in Exhibit A.

The barn color should be a blonde/pine or red in color with white accents as depicted, but the two buildings must match.

The following uses are prohibited on the subject property:

(a)  Convenience stores, with or without gasoline pumps;

                (b)  Gas Stations;

                (c)  Adult novelty stores;

                (d)  Adult entertainment centers;

                (e)  Pawn Shops;

                (f)  Tattoo Parlors;

(g)  Bars, Lounges, or Nightclubs provided this shall not preclude a hotel or restaurant from having a bar.

(h)  New or used car dealerships/lots;

                (i)  Dry cleaners;

                (j)  Fast food/coffee;

                (k) No drive-thru windows;

                (l)  No dog kennels.

 

Motion failed with two members in favor (Britt and Guy) and three members opposed (Hammond, Dineen and Whitlow)

 

There was a motion by Rusty Whitlow and a second by Bettina Hammond to recommend DENIAL of ZA3818 – Glenn Levent Agricultural District (A1) to Restricted Industrial District (M1) on 1.84 acres for proposed office/warehouse buildings totaling 15,000 sq. ft. with 22 parking spaces.

The motion carried with three members in favor (Hammond, Dineen and Whitlow) and two members opposed (Britt and Guy).

 

 

NEW BUSINESS

None.


PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS

There was a motion by Chairman Hammond and a second by Rusty Whitlow to open the public hearing of CP160010 Sumalatha Satoor and Sailak, LLC to build a religious facility (temple) totaling 11,200 sq. ft. with 109 parking spaces and a priest residence totaling 4,128 sq. ft. on 7.678 acres currently zoned Single Family Residential Restricted District (R2R).  This property is located at 5325 Pilgrim Point Road. The property is also located on the south side of Mercedes Drive, approximately 750 ft. east of the intersection with Pilgrim Point Road.

The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

Speaking in favor:
Stuart Teague
Mark Najjar
Laura Najjar

Speaking in opposition:
Eric Bott

There was a motion by Stacy Guy and a second by Tim Dineen to extend the time 10 minutes for each side. The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

Speaking in opposition (continued):
Eric Bott
Susan C. Sanner

Angie Rigney
Case Lichtveld

Amanda Harden

There was a motion by Rusty Whitlow and a second by Tim Dineen to extend the time 2 minutes for each side. The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

Speaking in opposition (continued):
Pamela McKinnon

Speaking in favor (rebuttal):
Stuart Teague

There was a motion by Chairman Hammond and a second by Tim Dineen to close the public hearing. The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

There was a motion by Tim Dineen and a second by Rusty Whitlow to recommend DENIAL of CP160010 Sumalatha Satoor and Sailak, LLC to build a religious facility (temple) totaling 11,200 sq. ft. with 109 parking spaces and a priest residence totaling 4,128 sq. ft. on 7.678 acres currently zoned Single Family Residential Restricted District (R2R). 

The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).


There was a motion by Patrick Britt and a second by Stacy Guy to recess the meeting for 5 minutes at 7:51 p.m.  The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

 

Meeting reconvened at 7:57 p.m.

 

 

 

PUBLIC HEARINGS FOR HOME OCCUPATION PERMITS
None.

PUBLIC HEARINGS FOR REZONINGS
There was a motion by Chairman Hammond and a second by Rusty Whitlow to open the public hearing of ZA3791 – Meritage Homes of Georgia, Inc. to rezone from Agricultural District (A1) and Commercial Business District (CBD) to Master Planned District (MPD) on 287.68 acres for 344 residential lots and 84 attached residential units with a density of 1.48 units per acre and proposed commercial buildings totaling 49,800 sq. ft. with 239 parking spaces. This property is located at 6900, 7000, 7108, 7278 and 7240 Castleberry Road, Cumming, GA 30040. The property is also located at the northwest corner of the intersection of Atlanta Highway and Castleberry Road and on the north side of Atlanta Highway approximately 753 ft. east of the intersection of Atlanta Highway and Fowler Road. The property is also located on the west side of Castleberry Road approximately 4,500 ft. north of the intersection with Atlanta Highway. The property is also located west of Castleberry Road approximately 4,500 ft. south of the intersection with Majors Road. The property is also located at the western corner of the intersection of Majors Road and Castleberry Road and on the west side of Majors Road approximately 1,750 ft. south of the intersection with Buckingham Circle.

Variances:

1.  Reduce the commercial component from 25% to 6% (UDC 20B-2.2).

The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

Speaking in favor:
Ethan Underwood

Speaking in opposition:
Michelle Meurer

Andrew Folkner

Kirk Wintersteen

Dave Nicholson

There was a motion by Patrick Britt and a second by Rusty Whitlow to extend the time 3 minutes for each side. The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

Speaking in opposition (continued):
Christine Caines

Tony DeMaria

Speaking in favor (rebuttal):

Ethan Underwood

There was a motion by Chairman Hammond and a second by Tim Dineen to close the public hearing. The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

There was a motion by Patrick Britt and a second by Stacy Guy to recommend APPROVAL of ZA3791 – Meritage Homes of Georgia, Inc. to rezone from Agricultural District (A1) and Commercial Business District (CBD) to Single Family Residential District (RES2), Single Family Residential District (RES3), and Commercial Business District (CBD) per Exhibit “A” with the following conditions:

CONDITIONS:

1.  ZA3791 will be zoned Res2, Res2 estate lots, Res3, and CBD as highlighted in the attached Exhibit “A” excluding the roads as drawn.  Exhibit “A” is for zoning designations only.

 

2.  A maximum of 250 single family homes across the 3 designations (RES2, RES2 Estate Lots, RES3 and CBD). See Exhibit A.

 

3.  Res2 (estate lots) will be 40,000 square feet minimums and a minimum 140 feet wide.

 

4.  Res2 will be as described in the Unified Development Code (UDC). Res2 estate lots will be a minimum of 120 ft. wide and a minimum of 30,000 square feet.  Res3 lots will be a minimum of 80 ft. wide with an average of 90 ft. wide.  The rest of the standards will be as depicted in the UDC.  The CBD standards will be as depicted in the UDC.

 

5.  All Res2 homes will be side entry with three-car garages.  Res3 homes will have a minimum of a two-car garage with a minimum 60% of all homes being side entry.

 

6.  Res2 ranch homes will have a minimum of 2300 heated square feet excluding basements, porches, garages and upstairs bonus rooms.  Res2 two-story homes will be a minimum of 3200 heated square feet excluding basements, porches, upstairs bonus rooms and garages.

 

7.  Res2 ranch estate homes will have a minimum of 2800 heated square feet excluding basements, porches garages and bonus rooms.  Res2 estate two-story homes will be a minimum of 4000 heated square feet excluding basements, porches and garages.

 

8.  Res3 ranch homes will have a minimum of 2200 heated square feet excluding basements, porches, bonus rooms and garages.  Res3 two-story homes will be a minimum of 2800 heated square feet excluding basements, bonus rooms, porches and garages.

 

9.  50,000 square foot maximum commercial on 5 acres maximum for CBD (commercial business district) at corner of Atlanta Hwy./Hwy. 9 and Castleberry.

 

10.  Only 10% of homes will be built on slabs.  The other 90% of homes will have a basement with 2 of 4 primary sides subgrade (below ground level) with poured basements – 2 of 4 sides being poured concrete walls and floor being poured.

 

11.  All grading will follow a standard to be described as street grading.  Street grading will be known as clearing from a maximum of 40 ft. of center of any road to accommodate the utilities and blending of the building lots for a total not to exceed 80 ft. wide.  In addition, grading will be permitted to manage storm water runoff to accommodate County, State and Federal engineering standards.  See Exhibit “B”.

 

12.  Unless otherwise approved by the Forsyth County Department of Water & Sewer, the development shall tie onto Forsyth County sewer system by gravity.  Unless otherwise approved by the Forsyth County Department of Water and Sewer, gravity sewer outfalls shall follow natural contours in order to minimize depth.

 

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

 

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

 

15.  There shall be a 30 foot total setback from all utility easements (excluding supply lines) to any structure, retaining wall, or other obstruction.

 

16.  There shall be no trees planted within the right of way or in utility easements.

 

17.  For any phases of development where domestic water is not accessible off Castleberry Road, developer shall install a water main along the entire frontage of the property on Majors Road.  The water main shall be sized to meet fire flow and irrigation demands in the proposed development (minimum of 8” diameter).

 

18.  Approval of the rezoning shall not be deemed, and is not, a commitment or guarantee by Forsyth County as to the availability of sewer capacity and/or County water.  Sewer capacity is not guaranteed for this property.  All sewer capacity agreements must be approved by the Forsyth County Board of Commissioners.

 

19.  Owner/Developer shall dedicate right of way on Atlanta Highway (S.R. 9) per the Georgia Department of Transportation (GDOT) S.R. 9 Widening Project.

 

20.  Owner/Developer shall dedicate right of way 40 feet from centerline on Majors Road as part of site development or when needed for road improvement project as determined by the Department of Engineering.

 

21.  Owner/Developer shall dedicate right of way 60 feet from centerline on Castleberry Road plus additional right of way to accommodate future relocated deceleration lane on Castleberry Road as part of site development or when needed for road improvement project as determined by the Department of Engineering.

 

22.  There shall be a 35 ft. undisturbed buffer for a total of 60 ft. undisturbed buffer along Atlanta Highway, Castleberry Road and Majors Road.  ALL tree canopy covering Majors Road and Castleberry Road will be preserved.

 

23.  There shall be a 50 ft. undisturbed buffer and a minimum of a 75 ft. build line on all structures along the wetlands.

 

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

 

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

 

26.  If a complete application for land disturbance permit for the property is submitted within eighteen (18) months of the date of zoning approval, and that submittal results in permit issuance, then development may proceed under those development standards in effect as of the date of zoning approval.  Otherwise, development shall occur in accord with then-existing development standards.

 

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

 

28.  On all commercial structures the architectural design shall be approved by the District Commissioner.

 

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

 

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

 

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

 

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

 

33.  Pertaining to commercial structures, loading areas shall be screened from the public rights-of-way or residential uses by placement behind the main building or appropriately scaled wall or the use of landscape plantings that are no less than five (5) feet in height.

 

34.  Chain link fencing is prohibited along Georgia Highway 9, Majors Road and Castleberry Road.

 

35.  All plant materials shall be used to enhance the existing area, particularly as view from an adjacent right-of-way, and to mitigate development impacts.  Landscape plans shall be submitted at the time of application for a land disturbance permit to the Planning Department for design review.  The conditions pertaining to landscaping are considered to be in addition to the requirements of Ordinance No. 98 (Tree Protection and Replacement Ordinance) and shall be implemented by Developer.

 

36.  Plant materials shall be used as accent elements at roadside entryways to provide a definite sense of arrival to both commercial and residential properties.  These materials shall be clustered while maintaining adequate sight distance to and from the entryway.  Entryway plantings shall be compatible with landscape strip species and provide a cohesive transition between landscape plantings.

 

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

 

38.  Continuous plantings with a twenty-five (25) foot wide landscape strips along the entire property fronting Georgia Highway 9, Majors Road and Castleberry Road are required and will continue along all 4-board fencing on Atlanta Highway, Castleberry Road, and Majors Road.  All tree canopy over Majors Rd. and Castleberry will be retained.

 

39.  Tree placement may be grouped and staggered rather than following a regulated line along the façade.  Trees planted within the parking area will have a minimum of one three inch caliper tree for every ten parking spaces.

 

40.  All landscape strips and landscape areas along Georgia Highway 9, Majors Road and Castleberry Road are required to contain a combination of three (3) of the following elements to provide a minimum of five (5) levels of scale to include vegetative ground cover, herbaceous ornamentals, and low to mid-level shrubs in addition to large canopy trees.  Trees shall count towards the tree density requirements as outlined in Ordinance No. 98 (Tree Protection and Replacement Ordinance).

 

41.  Poured concreted retaining walls, must be faced with stone or brick, except detention or water structure that are not visible from public right-of-way.

 

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

 

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

 

44.  During any time a retail building is vacant after its initial opening (a “Vacant Retail Building”) for a period of at least ninety (90) days (“Vacancy Period”), the owner of the building shall:

               

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

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

Remove all outdoor identification signs from the site;

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

 

45.  The owner of any retail building regardless of the building’s occupancy status shall be responsible for:

 

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

Maintain landscaping and replacing dead or damaged plants;

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

 

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

                (a)  Convenience stores, with or without gasoline pumps;

                (b)  Gas Stations;

                (c)  Adult novelty stores;

                (d)  Adult entertainment centers;

                (e)  Pawn Shops;

                (f)  Tattoo Parlors;

(g)  Bars, Lounges, or Nightclubs provided this shall not preclude a hotel or restaurant from having a bar.

                (h)  Used car lots, car dealer or motorized vehicle sales.

                (i)  No drive thru dry cleaners.

 

47.  Although commercial is to be zoned Commercial Business District (CBD), healthcare professionals (doctors, dentists, chiropractors) can open an office and practice in the CBD.

 

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

 

49.  There will be no mass grading of the entire site.  See condition #10.  Also, attached (Exhibit B) is a tree preservation diagram overlay to be used as a mandatory grading guide.

 

50.  ALL existing trees will be preserved with homes sharing a back property line and/or on a creek with another neighbor.  Examples shown in Exhibit “B”.

 

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

 

52.  Unless otherwise state in this condition, the following restrictions shall apply to all of the homes in the subdivision:

All homes shall include a brick and/or stone, where brick or stone does not cover more than a water table, water table on all sides visible from a public right of way, at a minimum to include three (3) sides of each home.  All water tables shall adhere to the following minimum requirements:

On homes with slab elevations the water table shall cover all exposed foundations and shall be no less than eighteen (18) inches tall.

On homes with basement elevations the water table shall be no less than the height of the first floor band board and shall cover all exposed foundation walls on all sides of the home.

 

Carriage style garage doors shall be used on all homes with garage doors facing public roads.

The roofing material used on all detached homes shall be cedar shake, architectural/dimensional style asphalt shingles or metal as appropriate to the architectural style of each home as determined by the builder.

All roofs and gables will be no less than a 10/12 pitch.  All roof framing will be 16 inches on center.  No pre-built trusses to be used.

All overhangs including gables and side gables will have a minimum of a 12 inch overhang on all sides.

 

53.  The following restrictions shall apply only to the fronts of all homes:

A minimum of forty-five percent (45%) of all homes shall have a minimum of seventy-five percent (75%) brick, stone, board and batten, and/or shake with accents not to exceed twenty-five percent (25%) of cement-based materials, such as, but not limited to, hardi-plank lap siding.

Up to forty-five percent (45%) of all homes may have up to fifty percent (50%) lap siding on the front facades.  On all homes containing fifty percent (50%) lap siding the overlap of such siding shall have a maximum reveal of six (6) inches.

Up to ten percent (10%) of all homes may contain lap siding on a majority of the front façade above the water table.  On all homes containing a majority of lap siding on the front façade the overlap of such siding shall have a maximum reveal of six (6) inches.

On all homes utilizing more than twenty-five percent (25%) lap siding on the front façade, said homes must include a significant covered front porch element that is appropriate to the architectural style of the home as determined by the builder.  For purposes of this condition the term “significant” shall mean a covered front porch that is a minimum of six (6) feet deep and at least one hundred (100) square feet in size.

 

54.  The following restrictions shall apply on to the sides and rear of the homes:

In addition to the water table requirement contained herein, the exterior materials that may be used on the sides and rear of all homes shall be limited to brick, stone, cement-based lap siding and/or shake.

Notwithstanding the foregoing, on all homes that have sides which face public roads within the community, such as corner lots, the exterior materials that may be used on the side of said homes shall be limited to brick, stone, cement-based lap siding or shake.  If lap siding is used, the overlap of such siding shall have a minimum reveal of six (6) inches.

 

55.  All homes will have a minimum of three 12 inch house and foundation offsets in the front and two (2) in the rear.

 

The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).


There was a motion by Chairman Hammond and a second by Stacy Guy to open the public hearing of ZA3812 Ashton Atlanta Residential, LLC to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 24.558 acres for 38 residential lots with a density of 1.55 units per acre. This property is located on the west side of Old Atlanta Road approximately 1,350 ft. north of the intersection with Azalea Bluff Drive and approximately 850 ft. south of the intersection with Copper Mill Trail, which is also the western and southern portion of property known as 2220 Old Atlanta Road. The property is also the western portion of property known as 2182 Old Atlanta Road, approximately 600 ft. west of Old Atlanta Road.

The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

Speaking in favor:
Emory Lipscomb
Joe Ingram
Terry Love
Emory Lipscomb

 

Speaking in opposition:
William Schamus

William Malone

 

There was a motion by Stacy Guy and a second by Chairman Hammond to extend the time 2 minutes for each side. The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

Speaking in opposition (continued):
Jean Berg

Speaking in favor (in rebuttal):
Joe Ingram
Terry Love
Emory Lipscomb

There was a motion by Chairman Hammond and a second by Tim Dineen to close the public hearing. The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

There was a motion by Stacy Guy and a second by Tim Dineen to recommend APPROVAL of ZA3812 Ashton Atlanta Residential, LLC to rezone from Agricultural District (A1) to Single Family Residential District (RES2) with the following conditions:

CONDITIONS:

 

1.            Owner/Developer shall dedicate right of way 50’ feet from centerline on Old Atlanta Road as part of site development or as required for road improvements per Forsyth County Department of Engineering.

 

2.            Development shall tie onto Forsyth County Sewer System by gravity. Gravity sewer outfalls shall follow natural contours in order to minimize depth.

 

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

 

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

 

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

 

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 20 foot setback from all Water and Sewer Utility Easements to any building.

 

8.            All development including access and utility easement, must comply with Forsyth County Standards.

 

9.            If a complete application for land disturbance permit for the property is submitted within 18 months of the date of zoning approval, and that submittal results in permit issuance, then development may proceed under those development standards in effect as of the date of zoning approval. Otherwise, development shall occur in accord with then-existing development standards.

 

10. There shall be up to thirty-eight (38) single-family detached lots permitted in the subdivision.

 

11. All homes shall be a minimum of 3,000 square feet in size. The minimum square footage of each home shall exclude garages, basements and porches.

 

12. Developer shall use a variety of techniques to avoid the monotonous appearance of identical homes. Such techniques may employ among others the use of differing front elevations, architectural styles, building exterior, setbacks or other similar techniques to provide a more pleasing appearance to the subdivision. There shall be no vinyl siding permitted.

 

13. Homes shall have a minimum two (2) car garages. A minimum of 90% of homes will have side entry garages. The width of the garage doors shall not exceed 50% of the width of the entire home.

 

14. This development shall be governed by a homeowner’s association and shall be subjected to covenants, conditions and restrictions. Membership in the homeowner’s association shall be mandatory for each lot owner.

 

15. Developer shall comply with all applicable Forsyth County codes and ordinances, including but not limited to, all requirements pertaining to the construction of monument signs, sidewalks, exterior lighting, buffers and landscaping, utility installation and exterior construction hours.

 

16. The subdivision streets may be private and gated.

 

17. Developer shall plant at least two (2) front yard trees on each lot. Each tree shall be at least three (3) inch caliper at the time of planting. One shall be planted within 20 ft. of the right-of-way.

 

18. There shall be a landscaped entrance with a monument type sign. Landscaping and signage shall be designed and placed to maintain adequate sight distance to and from the entryway.

19. The common area shall be designed to ensure it is capable of being used and enjoyed by the residence for active or passive recreation. This area shall be accessible via pedestrian connections and include some combination of walking trails, bikeways, neighborhood pocket parks, community gardens, civic gathering places, and passive and/or active recreation facilities.

20. There shall be a Planted Landscape Screen along Margate Subdivision as indicated on Old Atlanta Road Zoning Exhibit South Buffer “Exhibit A”.

 

21. There will be no mass grading of the entire site. All grading will follow a standard to be described as street grading only. Street grading will be known as clearing from a maximum of 40 ft. of center of each road to accommodate the utilities and blending of the building lots for a total not to exceed 80 ft. wide.

 

22. Existing healthy, mature trees and/or other existing specimen landscape material shall be maintained and preserved within all buffer areas and whenever reasonable possible throughout the development.

 

23. The rear of the homes shall be on a minimum of two planes.

 

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

 

25. The roofing material used on all homes shall be cedar shake, architectural/dimensional style asphalt shingles or metal as appropriate to the architectural style of each home as determined by the builder.

 

26. The exterior materials used on the front and sides of all homes shall be full brick or stone or a combination of a mix of exterior materials consisting of a minimum of a brick or a stone water table, and at least one of the following materials:  shake, board & batten and/or cement-based lap siding such as hardi-plank. Homes shall be substantially similar to renderings submitted with zoning application and marked Exhibit B, with final approval by staff.

 

27. No land disturbance permits shall be issued in association with ZA3812 until the completion of Forsyth County transportation project PEW14, Old Atlanta Road widening Phase II from Sharon Road to Nichols Road.

 

28. A continuous landscape strip along Old Atlanta Road is required and shall contain  a  combination  of  at  least  two  (2)  of  the  following elements  to  provide  a  minimum  of  three  levels  of  scale:  vegetative  ground  cover,  herbaceous ornamentals,  and  low  to  mid-level  shrubs  in  addition  to  a  combination  of  large  canopy  trees.  Landscape strips shall include a minimum of three canopy trees per 50 linear feet with a minimum three (3) inch caliper and at least eight (8) foot height at time of installation required for each tree. All proposed shrubs should be a minimum of three (3) gallon size and two (2) feet high every five (5) feet on center at time of planting.  Tree and shrub placement may be grouped and staggered rather than following a regulated line along the road frontage.  The tree plantings within the landscape strip shall be counted towards the overall recompense or density requirement for the site.

 

29. All  dead  and  damaged  plant  material  within  landscaped  areas  must  be  replaced  with  a  similar species within one  month.  If weather conditions are not appropriate for replanting, the property owner may postpone replacement for up to six (6) months.  Replacement trees and shrubs shall be of similar size to the original installation size of the trees or shrubs being replaced.

 

There was a motion by Tim Dineen and a second by Stacy Guy to amend the motion to include condition:

 

30.          All roofs and gables will be no less than a 10/12 pitch.  All roof framing will be 16 inches on center.  No pre-built trusses to be used.

The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

The amended motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

 

 

There was a motion by Chairman Hammond and a second by Tim Dineen to open the public hearing of ZA3822 – 4087 Post Sosebee, LLC to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 22.348 acres for 32 residential lots with a density of 1.44 units per acre. This property is located at 5240 and 5244 Hyde Road, Cumming, GA 30040. This property is also located approximately 1,000 ft. and 1,300 ft. west of Hyde Road, on the west side of Hyde Road approximately 870 ft. north of the intersection with Drew Campground Road.

The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

Speaking in favor:
Christopher Light

 

Speaking in opposition:
Dooz Owings

 

Speaking in favor (rebuttal):
Christopher Light

There was a motion by Chairman Hammond and a second by Stacy Guy to close the public hearing. The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

There was a motion by Rusty Whitlow and a second by Patrick Britt to recommend APPROVAL of ZA3822 – 4087 Post Sosebee, LLC to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 22.348 acres for 32 residential lots with a density of 1.44 units per acre with the following conditions:

 

CONDITIONS:

 

Owner/Developer shall dedicate right-of-way 40’ from centerline on Roper Road as part of site development or as required for road improvement as determined by Forsyth County Department of Engineering.

Development shall tie onto Forsyth County Sewer system by gravity. Gravity sewer outfalls shall follow natural contours and waterways in order to minimize depth.

Sewer access must be provided to all upstream properties.

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

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

There shall be no trees, fences, walls, monument signs, or other obstructions within the utility easement or right of way.

All utilities shall be underground.

The developer shall use a variety of techniques to avoid the monotonous appearance of identical homes. Such techniques may employ among others the use of differing front elevations, architectural styles, building exteriors, setbacks and other similar techniques to provide a more pleasing appearance to the subdivision.

There shall be a landscaped entrance with a monument type sign.

Membership in a homeowners association shall be required for the maintenance of the landscaped entrance area.

Maximum number of lots is 33.

Each home in the development shall have not less than a two-car garage. Carriage style garage doors shall be required. The width of the garage doors shall not exceed 50% of the width of the entire home except for side entry garages.

The project shall have a five foot sidewalk along one side of each street.

Stormwater ponds shall be screened from view from all existing and proposed roads. If the location of the pond is not sufficient for screening, then adequate space will be provided for the installation of a landscape screen. A fence alone, if required, shall not qualify as adequate screening.

Street sign fixtures, street lighting fixtures and mailboxes shall be decorative and shall complement the design of the homes.

For corner lots, the landscaping along the side of the home facing the street shall be comparable to the front yard landscaping installed on other lots in the project.

All homes shall include a minimum eave of 12 inches.

A minimum of one front-yard tree per lot is required. The tree shall be a hardwood tree with a minimum caliper of three inches and shall be planted within 15 feet of the right-of-way.

A minimum of 50% of the homes shall include a front façade that is 50% or greater brick, stone, stucco or shake siding with the remainder of the materials being HardiePlank Fiber Cement Lap Siding or another similar product. The remaining homes shall include a front façade that is 30% or greater brick, stone, stucco, or shake siding with the remainder of the materials being HardiePlank Fiber Cement Lap Siding or another similar product.

Homes shall have a minimum heated floor area of 2,000 square feet.

There shall be a landscape strip and fence along Hyde Road that meets or exceeds the “Shiloh Road Overlay” requirements as outlined in the current edition as of this date of the Forsyth County Unified Development Code. Said requirements shall not be required in any area where the construction of the landscape strip would require the removal of mature trees as determined by the Forsyth County Arborist.

All homes shall include a brick and or stone water table on all (4) sides of each home. All water tables shall adhere to the following minimum requirements.

On homes with slab elevations, the water table shall cover all exposed foundations and shall be no less than (18) inches tall.

On homes with basement elevations, the water table shall be no less than the height of first floor band board and shall cover all exposed foundation walls on all sides of the house.

 The roofing material used on all homes shall be cedar shake, architectural dimensional style asphalt shingles or metal as appropriate to the architectural style of each home as determined by the builder.

There shall be a 25 foot buffer along the northern boundary of the subject property adjacent to Tallantworth Subdivision. Said buffer may be graded and replanted to Forsyth County Buffer Standards.

Minimum lot width of 80 feet.

The developer will grade only when necessary for streets, drainage, utilities, home site and amenity construction.  There shall be no mass grading.

 

The landscape strip shall contain an undulating berm ranging in height from 2’ to 4’ in height along its entire length of Hyde Road.

Developer shall have twelve (12) months from the date of zoning approval to apply for the initial Land Disturbance Permit (LDP) based upon those County development standards existing at the time the rezoning application was initially filed.  If no LDP is sought within twelve (12) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with those County development standards in existence at the time of LDP application submittal.

Building setback on Hyde Road shall be 75 feet from right away.

The first lot on the left and the first lot on the right entering the subdivision shall have a building setback of 100 feet from the right away.

That there be a sidewalk on one side of each street in the subdivision.

The motion carried with four members in favor (Hammond, Britt, Dineen and Whitlow) and one member opposed (Guy).

 

 

 

There was a motion by Chairman Hammond and a second by Tim Dineen to open the public hearing of ZA3823 – Mikail Khalilov to rezone from Single Family Residential District (R1) to Commercial Business District (CBD) on 2.14 acres for proposed mini-warehouses totaling 19,730 sq. ft. with 3 parking spaces. This property is located on the west side of Valley Circle Road approximately 600 ft. south of the northeastern intersection with Atlanta Highway.

The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

Speaking in favor:
Ethan Underwood

Speaking in opposition:
Deborah Burrows
Steve Burrows
Phyllis Gibson

Speaking in favor (in rebuttal):
Ethan Underwood

 

There was a motion by Chairman Hammond and a second by Rusty Whitlow to close the public hearing. The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

There was a motion by Patrick Britt and a second by Stacy Guy to postpone a recommendation for ZA3823 Mikail Khalilov to the February 28, 2017 Planning Commission meeting.

 

The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).


 

There was a motion by Chairman Hammond and a second by Rusty Whitlow to adjourn the meeting at 10:06 p.m.  The motion carried with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).


The above and foregoing Minutes shall be adopted on February 28, 2017.



____________________________________
Bettina Hammond, Chairman

_____________________________________
Stacy Guy, Secretary

_____________________________________
Patrick Britt, Member

_____________________________________,

Tim Dineen, Member

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Rusty Whitlow, Member

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