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, February 28, 2017 6:30 PM

Planning Commission - Regular Meeting

Location

Administration Building
110 E Main Street
Cumming, GA 30040

Meeting Video

   BOOKMARKS
01:24
Amend and Adopt the Agenda
04:40
Review of Meeting Procedures
07:07
Adoption of Minutes
08:17
ZA3823
23:33
Public Hearing: Unified Development Code (UDC) Modifications related to Sub-Area 2 Planning Commission.
27:17
Public Hearing: Unified Development Code (UDC) Modifications related to sunset provision for zoning approvals.
47:49
Public Hearing: Unified Development Code (UDC) Modifications related to corporate disclosures for land use applications.
01:11:10
Public Hearing: Unified Development Code (UDC) Modifications related to residential districts.
01:29:08
CP160017
01:32:16
CP160018
01:34:08
CP160020
02:03:50
ZA3792
02:31:20
ZA3811
02:40:40
ZA3821
03:35:24
ZA3825
03:52:58
ZA3828
04:05:50
ZA3829
04:22:20
ZA3832

Documents

PUBLIC NOTICE


The Forsyth County Planning Commission will hold a meeting on Tuesday, February 28, 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
February 14, 2017



FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING AGENDA
FEBRUARY 28, 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 JANUARY 31, 2017 REGULAR MEETING, AND THE FEBRUARY 21, 2017 WORK SESSION MEETING.

V.            OLD BUSINESS

PUBLIC HEARING CONDUCTED ON JANUARY 31, 2017.  DECISION ONLY.

1.
  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.

 

 VI.          NEW BUSINESS

Public Hearing: Unified Development Code (UDC) Modifications related to Sub-Area 2 Planning Commission.

 

Public Hearing: Unified Development Code (UDC) Modifications related to sunset provision for zoning approvals.

 

Public Hearing: Unified Development Code (UDC) Modifications related to corporate disclosures for land use applications.

 

Public Hearing: Unified Development Code (UDC) Modifications related to residential districts.

  

VII.         PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS


1.  Dhanunjaya Jalla                                          CP160017                                             Commission District #2
Request to operate a 300 sq. ft. salon (personal service establishment) in an existing office building suite on 2.38 acres with 6 parking spaces zoned Office and Institutional District (O&I).


Located:  This property is located at 5490 McGinnis Village Place, Suite 138, Alpharetta, GA 30005.

2.
  Dhanunjaya Jalla                                          CP160018                                             Commission District #2
Request to operate a 300 sq. ft. salon (personal service establishment) in an existing office building suite on 2.38 acres with 6 parking spaces zoned Office and Institutional District (O&I).


Located:  This property is located at 5490 McGinnis Village Place, Suite 241, Alpharetta, GA 30005.

3.
  Petstop of North Georgia, LLC                    CP160020                             Commission District #1
Request to operate a dog training and boarding kennel with outdoor facilities in existing buildings totaling 1,785 sq. ft. on 5.062 acres with 6 parking spaces zoned Agricultural District (A1).


Located:  This property is located at 8430 Wallace Tatum Road, Cumming, GA 30028.

 

 

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.  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).


 3.  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.


4.  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.

 

5.  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 202 residential lots with a density of 1.24 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.


 
6.  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.

 

7.  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.

 

8.  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.


9.  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.


  10.  U.S. Atlantic Express, LLC        ZA3828 Commission District #3
Request to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 4.901 acres for a proposed truck terminal and office building totaling 15,000 sq. ft. with 23 parking spaces with a Conditional Use Permit for an open storage yard.

 

Located:  This property is located at 2255 Pendley Road, Cumming, GA 30041. This property is also located north of Pendley Road, approximately 100 ft. east and 100 ft. west of the intersection with Industrial Park Boulevard.

Variances:
1. Eliminate the required 5,000 ft. sewer distance requirements to facilitate the use of an on-site septic disposal system (UDC 18-5.18).


  11.  Halil Tufangil               ZA3829 Commission District #3
Request to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 5.294 acres for a proposed truck terminal/automobile service establishment and office totaling 5,652 sq. ft. with 6 parking spaces with a Conditional Use Permit for an open storage yard.

 

Located:  This property is located at 2341 Pendley Road, Cumming, GA 30041. This property is also located north of Pendley Road approximately 230 ft. east of the intersection with Industrial Park Boulevard.

Variances:
1. Eliminate the required 5,000 ft. sewer distance requirements to facilitate the use of an on-site septic disposal system (UDC 18-5.18).

2. Reduce the zoning setback abutting Single Family Residential District (R1) property from 75 ft. to 30 ft. along the northern boundary (UDC Table 14.2).

3. Reduce the zoning buffer abutting Single Family Residential District (R1) property from 60 ft. to 30 ft. along the northern boundary (UDC Table 14.2).

4. Reduce the zoning setback abutting Single Family Residential District (R1) property from 75 ft. to 15 ft. along the western boundary (UDC Table 14.2).

5. Reduce the zoning buffer abutting Single Family Residential District (R1) property from 60 ft. to 15 ft. along the western boundary (UDC Table 14.2).

 

12.  Walton Communities, LLC       ZA3832 Commission District #2
Request to rezone from Multi Family Residential District (RES6) to Restricted Industrial District (M1) on 16.648 acres for a proposed office/warehouse building totaling 45,000 sq. ft. with 52 parking spaces.

 

Located:  This property is located east of Bluegrass Valley Parkway approximately 600 feet northeast of the intersection with Technology Drive. This property is also located south and east of property known as 190 Bluegrass Valley Parkway and north of property known as 1665, 1680, 1685 and 1690 Bluegrass Valley Parkway, Alpharetta, GA 30005.

 

13.  Apex Land Company, LLC      ZA3834 Commission District #1
Request to rezone from Agricultural District (A1) and Single Family Residential Restricted District (R2R) to Single Family Residential District (RES3) on 66.473 acres for 113 residential lots with a density of 1.70 units per acre.

 

Located:  This property is located south of Hurt Bridge Road, at the intersection with Hurt Bridge Drive and approximately 2,600 ft. northwest of the intersection with Wright Bridge Road. The property is also located immediately west of property known as 4497 and 4499 Hurt Bridge Road, Cumming, GA 30028.


14.  Bennett Capital Partners, LLC  ZA3837 Commission District #4
Request to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 34.531 acres for 61 residential lots with a density of 1.77 units per acre.

 

Located:  This property is located at 6585 Jewell Bennett Road, Dawsonville, GA 30534. This property is also located west of Jewell Bennett Road, approximately 1,200 ft. east and 2,100 ft. east of the intersection with Conner Road.

 

X.            ADJOURNMENT

FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING AGENDA
FEBRUARY 28, 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, Matthew Anspach – Planning and Community Development; Bill Powell – Engineering and Ken Jarrard -- Jarrard & Davis LLP

I.             CALL MEETING TO ORDER AND PLEDGE OF ALLEGIANCE
            CALLED TO ORDER AT 6:30 P.M.


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

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

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

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

ZA3837 – Bennett Capital Partners, LLC –postponed to the March 28, 2017 regular meeting.

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

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

ZA3834 – Apex Land Company, LLC –postponed to the March 28, 2017 regular meeting.


III.          REVIEW OF MEETING PROCEDURES
Procedures are read with recommendations to be heard at the March 16, 2017 Board of Commissioners meeting.


IV.          MOTION TO CONSIDER ADOPTION OF MINUTES FOR THE JANUARY 31, 2017 REGULAR MEETING, AND THE FEBRUARY 21, 2017 WORK SESSION MEETING.
January 31, 2017 Regular Meeting minutes and February 21, 2017 Work Session minutes adopted.


V.            OLD BUSINESS

PUBLIC HEARING CONDUCTED ON JANUARY 31, 2017.  DECISION ONLY.

1.
  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.

RECOMMENDED APPROVAL WITH CONDITIONS

 

VI.          NEW BUSINESS

Public Hearing: Unified Development Code (UDC) Modifications related to Sub-Area 2 Planning Commission.

RECOMMENDED APPROVAL

 

Public Hearing: Unified Development Code (UDC) Modifications related to sunset provision for zoning approvals.

RECOMMENDED APPROVAL

 

Public Hearing: Unified Development Code (UDC) Modifications related to corporate disclosures for land use applications.

RECOMMENDED APPROVAL WITH MODIFICATIONS

 

Public Hearing: Unified Development Code (UDC) Modifications related to residential districts.

RECOMMENDED APPROVAL WITH MODIFICATIONS

 

VII.         PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS


1.  Dhanunjaya Jalla                                          CP160017                                             Commission District #2
Request to operate a 300 sq. ft. salon (personal service establishment) in an existing office building suite on 2.38 acres with 6 parking spaces zoned Office and Institutional District (O&I).


Located:  This property is located at 5490 McGinnis Village Place, Suite 138, Alpharetta, GA 30005.
RECOMMENDED APPROVAL


2.  Dhanunjaya Jalla                                          CP160018                                             Commission District #2
Request to operate a 300 sq. ft. salon (personal service establishment) in an existing office building suite on 2.38 acres with 6 parking spaces zoned Office and Institutional District (O&I).


Located:  This property is located at 5490 McGinnis Village Place, Suite 241, Alpharetta, GA 30005.
RECOMMENDED APPROVAL


3.  Petstop of North Georgia, LLC                    CP160020                             Commission District #1
Request to operate a dog training and boarding kennel with outdoor facilities in existing buildings totaling 1,785 sq. ft. on 5.062 acres with 6 parking spaces zoned Agricultural District (A1).


Located:  This property is located at 8430 Wallace Tatum Road, Cumming, GA 30028.

RECOMMENDED APPROVAL WITH CONDITIONS

 

 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 MARCH 28, 2017 PLANNING COMMISSION MEETING


2.  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).

RECOMMENDED DENIAL

 

3.  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 MARCH 28, 2017 PLANNING COMMISSION MEETING



4.  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.

RECOMMENDED APPROVAL WITH CONDITIONS

 

5.  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 202 residential lots with a density of 1.24 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 MARCH 28, 2017 PLANNING COMMISSION MEETING

 

6.  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.

RECOMMENDED APPROVAL WITH CONDITIONS

 

7.  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.

RECOMMENDED APPROVAL WITH CONDITIONS

 

8.  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 MARCH 28, 2017 PLANNING COMMISSION MEETING


9.  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 MARCH 28, 2017 PLANNING COMMISSION MEETING


10.  U.S. Atlantic Express, LLC        ZA3828 Commission District #3
Request to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 4.901 acres for a proposed truck terminal and office building totaling 15,000 sq. ft. with 23 parking spaces with a Conditional Use Permit for an open storage yard.

 

Located:  This property is located at 2255 Pendley Road, Cumming, GA 30041. This property is also located north of Pendley Road, approximately 100 ft. east and 100 ft. west of the intersection with Industrial Park Boulevard.

Variances:
1. Eliminate the required 5,000 ft. sewer distance requirements to facilitate the use of an on-site septic disposal system (UDC 18-5.18).

RECOMMENDED APPROVAL WITH A VARIANCE AND CONDTIONS


11.  Halil Tufangil               ZA3829 Commission District #3
Request to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 5.294 acres for a proposed truck terminal/automobile service establishment and office totaling 5,652 sq. ft. with 6 parking spaces with a Conditional Use Permit for an open storage yard.

 

Located:  This property is located at 2341 Pendley Road, Cumming, GA 30041. This property is also located north of Pendley Road approximately 230 ft. east of the intersection with Industrial Park Boulevard.

Variances:
1. Eliminate the required 5,000 ft. sewer distance requirements to facilitate the use of an on-site septic disposal system (UDC 18-5.18).

2. Reduce the zoning setback abutting Single Family Residential District (R1) property from 75 ft. to 30 ft. along the northern boundary (UDC Table 14.2).

3. Reduce the zoning buffer abutting Single Family Residential District (R1) property from 60 ft. to 30 ft. along the northern boundary (UDC Table 14.2).

4. Reduce the zoning setback abutting Single Family Residential District (R1) property from 75 ft. to 15 ft. along the western boundary (UDC Table 14.2).

5. Reduce the zoning buffer abutting Single Family Residential District (R1) property from 60 ft. to 15 ft. along the western boundary (UDC Table 14.2).

RECOMMENDED APPROVAL WITH VARIANCES AND CONDITIONS

 

 

12.  Walton Communities, LLC       ZA3832 Commission District #2
Request to rezone from Multi Family Residential District (RES6) to Restricted Industrial District (M1) on 16.648 acres for a proposed office/warehouse building totaling 45,000 sq. ft. with 52 parking spaces.

 

Located:  This property is located east of Bluegrass Valley Parkway approximately 600 feet northeast of the intersection with Technology Drive. This property is also located south and east of property known as 190 Bluegrass Valley Parkway and north of property known as 1665, 1680, 1685 and 1690 Bluegrass Valley Parkway, Alpharetta, GA 30005.

RECOMMENDED APPROVAL WITH CONDITIONS



13.  Apex Land Company, LLC      ZA3834 Commission District #1
Request to rezone from Agricultural District (A1) and Single Family Residential Restricted District (R2R) to Single Family Residential District (RES3) on 66.473 acres for 113 residential lots with a density of 1.70 units per acre.

 

Located:  This property is located south of Hurt Bridge Road, at the intersection with Hurt Bridge Drive and approximately 2,600 ft. northwest of the intersection with Wright Bridge Road. The property is also located immediately west of property known as 4497 and 4499 Hurt Bridge Road, Cumming, GA 30028.

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




14.  Bennett Capital Partners, LLC  ZA3837 Commission District #4
Request to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 34.531 acres for 61 residential lots with a density of 1.77 units per acre.

 

Located:  This property is located at 6585 Jewell Bennett Road, Dawsonville, GA 30534. This property is also located west of Jewell Bennett Road, approximately 1,200 ft. east and 2,100 ft. east of the intersection with Conner Road.

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



X.            ADJOURNMENT

MEETING WAS ADJOURNED AT 10:55 P.M.

 

 

 

FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING
February 28, 2017


On Tuesday, February 28, 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, Matthew Anspach, Planning and Community Development Department, Bill Powell, Engineering Department and Ken Jarrard, Jarrard and Davis, LLP


FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING AGENDA
FEBRUARY 28, 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 JANUARY 31, 2017 REGULAR MEETING, AND THE FEBRUARY 21, 2017 WORK SESSION MEETING.

V.            OLD BUSINESS

PUBLIC HEARING CONDUCTED ON JANUARY 31, 2017.  DECISION ONLY.

1.  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.

 

VI.          NEW BUSINESS

Public Hearing: Unified Development Code (UDC) Modifications related to Sub-Area 2 Planning Commission.

 

Public Hearing: Unified Development Code (UDC) Modifications related to sunset provision for zoning approvals.

 

Public Hearing: Unified Development Code (UDC) Modifications related to corporate disclosures for land use applications.

 

Public Hearing: Unified Development Code (UDC) Modifications related to residential districts.

 

 

VII.         PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS

1.  Dhanunjaya Jalla                                         CP160017                                             Commission District #2
Request to operate a 300 sq. ft. salon (personal service establishment) in an existing office building suite on 2.38 acres with 6 parking spaces zoned Office and Institutional District (O&I).

Located:  This property is located at 5490 McGinnis Village Place, Suite 138, Alpharetta, GA 30005.

2.  Dhanunjaya Jalla                                         CP160018                                             Commission District #2
Request to operate a 300 sq. ft. salon (personal service establishment) in an existing office building suite on 2.38 acres with 6 parking spaces zoned Office and Institutional District (O&I).

Located:  This property is located at 5490 McGinnis Village Place, Suite 241, Alpharetta, GA 30005.

3.  Petstop of North Georgia, LLC                              CP160020                             Commission District #1
Request to operate a dog training and boarding kennel with outdoor facilities in existing buildings totaling 1,785 sq. ft. on 5.062 acres with 6 parking spaces zoned Agricultural District (A1).

Located:  This property is located at 8430 Wallace Tatum Road, Cumming, GA 30028.

 

 

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.  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).

 

 

3.  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.

 

 

4.  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.

 

 

5.  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 202 residential lots with a density of 1.24 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.


6.  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.

 

 

7.  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.

 

 

8.  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.

 

9.  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.

 

10.  U.S. Atlantic Express, LLC                                      ZA3828          Commission District #3
Request to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 4.901 acres for a proposed truck terminal and office building totaling 15,000 sq. ft. with 23 parking spaces with a Conditional Use Permit for an open storage yard.

 

Located:  This property is located at 2255 Pendley Road, Cumming, GA 30041. This property is also located north of Pendley Road, approximately 100 ft. east and 100 ft. west of the intersection with Industrial Park Boulevard.

Variances:
1. Eliminate the required 5,000 ft. sewer distance requirements to facilitate the use of an on-site septic disposal system (UDC 18-5.18).

 

11.  Halil Tufangil                                                               ZA3829                          Commission District #3
Request to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 5.294 acres for a proposed truck terminal/automobile service establishment and office totaling 5,652 sq. ft. with 6 parking spaces with a Conditional Use Permit for an open storage yard.

 

Located:  This property is located at 2341 Pendley Road, Cumming, GA 30041. This property is also located north of Pendley Road approximately 230 ft. east of the intersection with Industrial Park Boulevard.

Variances:
1. Eliminate the required 5,000 ft. sewer distance requirements to facilitate the use of an on-site septic disposal system (UDC 18-5.18).

2. Reduce the zoning setback abutting Single Family Residential District (R1) property from 75 ft. to 30 ft. along the northern boundary (UDC Table 14.2).

3. Reduce the zoning buffer abutting Single Family Residential District (R1) property from 60 ft. to 30 ft. along the northern boundary (UDC Table 14.2).

4. Reduce the zoning setback abutting Single Family Residential District (R1) property from 75 ft. to 15 ft. along the western boundary (UDC Table 14.2).

5. Reduce the zoning buffer abutting Single Family Residential District (R1) property from 60 ft. to 15 ft. along the western boundary (UDC Table 14.2).

 

 

12.  Walton Communities, LLC                    ZA3832                 Commission District #2
Request to rezone from Multi Family Residential District (RES6) to Restricted Industrial District (M1) on 16.648 acres for a proposed office/warehouse building totaling 45,000 sq. ft. with 52 parking spaces.

 

Located:  This property is located east of Bluegrass Valley Parkway approximately 600 feet northeast of the intersection with Technology Drive. This property is also located south and east of property known as 190 Bluegrass Valley Parkway and north of property known as 1665, 1680, 1685 and 1690 Bluegrass Valley Parkway, Alpharetta, GA 30005.

 

 

13.  Apex Land Company, LLC                     ZA3834                        Commission District #1
Request to rezone from Agricultural District (A1) and Single Family Residential Restricted District (R2R) to Single Family Residential District (RES3) on 66.473 acres for 113 residential lots with a density of 1.70 units per acre.

 

Located:  This property is located south of Hurt Bridge Road, at the intersection with Hurt Bridge Drive and approximately 2,600 ft. northwest of the intersection with Wright Bridge Road. The property is also located immediately west of property known as 4497 and 4499 Hurt Bridge Road, Cumming, GA 30028.

 

 

14.  Bennett Capital Partners, LLC                                ZA3837                                       Commission District #4
Request to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 34.531 acres for 61 residential lots with a density of 1.77 units per acre.

 

Located:  This property is located at 6585 Jewell Bennett Road, Dawsonville, GA 30534. This property is also located west of Jewell Bennett Road, approximately 1,200 ft. east and 2,100 ft. east of the intersection with Conner Road.

 

 

X.            ADJOURNMENT

 


 

Chairman Hammond recognized a quorum with five members present (Hammond, Guy, Britt, Dineen and Whitlow) at 6:30 p.m. and called the meeting to order.  The Pledge of Allegiance was led by Chairman Hammond.

 

ADOPTION OF AGENDA
There was an announcement by Chairman Hammond to amend the agenda by postponing ZA3732 – Ridge 19, LLC to the March 28, 2017 Planning Commission meeting due to the public sign affidavit not being submitted, postponing ZA3807 – Nancy Bentley to the March 28, 2017 Planning Commission meeting due to the public sign affidavit and public participation report not being submitted, postponing ZA3827 – Van D. Hall to the March 28, 2017 Planning Commission meeting due to the public sign affidavit and public participation report not being submitted, and postponing ZA3837 – Bennett Capital Partners, LLC to the March 28, 2017 Planning Commission meeting due to the public sign affidavit and public participation report not being submitted.

 

There was a motion by Bettina Hammond and a second by Rusty Whitlow to postpone ZA3826 – Frances Cain to the March 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 Rusty Whitlow and a second by Patrick Britt to amend the agenda by postponing ZA3820 – Settingdown Properties, LLC to the March 28, 2017 Planning Commission meeting.  The motion passed with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

There was a motion by Rusty Whitlow and a second by Tim Dineen to amend the agenda by postponing ZA3834 – Apex Land Company, LLC to the March 28, 2017 Planning Commission meeting.  The motion passed with five members in favor (Hammond, Guy, Britt, Dineen and Whitlow).

There was a motion by Bettina Hammond and a second by Rusty Whitlow 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 Stacy Guy and a second by Tim Dineen to adopt the January 31, 2017 Regular Meeting minutes.  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 adopt the February 21, 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 Rusty Whitlow to recommend APPROVAL of ZA3823 – Mikail Khalilov 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 with the following conditions:

CONDITIONS:

8’ fence around perimeter must be covered in green windscreen.  No 100% chain link fences around perimeter.

19’ buffer at front of property will be comprised of a 4 rail fence.  Behind fence will be 5 gallon Dwarf Magnolias trees every 7’ and, in front of fence bi-secting posts a non-white flowering plant (red roses, forsythia, etc.)

The subject property’s use shall be restricted to mini-warehouses.

The following uses are prohibited on the subject property:

(a)  Adult novelty stores;

(b)  Adult entertainment centers;

(c)  Pawn Shops;

(d)  Tattoo Parlors;

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

(f)  Used car lots.

 

Any change in the use of the proposed property will require sketch plat approval.

Landscaping and any screening requirements along the frontage of the subject property will be governed by the Atlanta Highway-McFarland Parkway-Mullinax Road Overlay District.

Any zoning buffer required along property lines abutting residential, agricultural or OR zoning districts may be disturbed only in instances where erosion control issues, storm water management methods (excluding structural storm water control practices), topography, and/or the installation of water and sewer lines require clearing and/or grading.

Owner/Developer shall dedicate right of way 30 feet from the centerline on Valley Circle Road as part of site development or when needed for road improvement projects as determined by the Department of Engineering.

Owner/Developer shall upgrade Valley Circle Road to current commercial roadway standards from the proposed drive entrance to Atlanta Highway (SR 9).

No perimeter lighting and focused inward to property.

6 AM – 9 PM hours of operation.

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

 

 

 

NEW BUSINESS
There was a motion by Tim Dineen and a second by Stacy Guy to open the public hearing for the proposed changes to the Unified Development Code (UDC) Modification related to Sub-Area 2 Planning Commission.

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

Speaking in favor:
None.

Speaking in Opposition:
None.

There was a motion by Chairman Hammond and a second by Stacy Guy to close the public hearing. The motion passed 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 recommend approval of the proposed changes to the Unified Development Code (UDC) Modification related to Sub-Area 2 Planning Commission.

Stacy Guy and Chairman Hammond thanked the District 2 sub-area committee (James Bennie, Mitch Copman, William Fitch, and Carter Patterson) for their time and service on the committee. 

 

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 Patrick Britt to open the public hearing for the proposed changes to the Unified Development Code (UDC) Modification related to sunset provision for zoning approvals.

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

Speaking in favor:
None.

Speaking in Opposition:
Ethan Underwood
Josh Scoggins

There was a motion by Chairman Hammond and a second by Tim Dineen to close the public hearing. The motion passed 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 the proposed changes to the Unified Development Code (UDC) Modification related to sunset provision for zoning approvals.

 

The motion passed 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 for the proposed changes to the Unified Development Code (UDC) Modification related to corporate disclosures for land use applications.

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

Speaking in favor:
Robert Hoyt

Speaking in Opposition:
Ethan Underwood

 

Speaking in favor (continued):

Matt Wagner

There was a motion by Chairman Hammond and a second by Rusty Whitlow to close the public hearing. 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 recommend approval of the proposed changes to the Unified Development Code (UDC) Modification related to corporate disclosures for land use applications Option A and adding the campaign contribution element into it.

 

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 Rusty Whitlow to open the public hearing for the proposed changes to the Unified Development Code (UDC) Modification related to residential districts.

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

Speaking in favor:
None.

Speaking in Opposition:
None.

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

There was a motion by Rusty Whitlow and a second by Tim Dineen to recommend approval of the proposed changes to the Unified Development Code (UDC) Modification related to residential districts.

There was a motion by Stacy Guy and a second by Patrick Britt to amend the motion to change the minimum lot size when connected to approved public or private sewer on RES2 from 18,500 sq. ft. to 22,000 sq. ft.  The motion passed with four members in favor (Guy, Britt, Dineen and Whitlow) and one member opposed (Hammond).

 

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

 

 

PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS

There was a motion by Chairman Hammond and a second by Stacy Guy to open the public hearing of CP160017 Dhanunjaya Jalla to operate a 300 sq. ft. salon (personal service establishment) in an existing office building suite on 2.38 acres with 6 parking spaces zoned Office and Institutional District (O&I).  This property is located at 5490 McGinnis Village Place, Suite 138, Alpharetta, GA 30005.

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

Speaking in favor:
Dhanunjaya Jalla

Speaking in opposition:
None.

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 CP160017 Dhanunjaya Jalla to operate a 300 sq. ft. salon (personal service establishment) in an existing office building suite on 2.38 acres with 6 parking spaces zoned Office and Institutional District (O&I). 

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 Tim Dineen to open the public hearing of CP160018 Dhanunjaya Jalla to operate a 300 sq. ft. salon (personal service establishment) in an existing office building suite on 2.38 acres with 6 parking spaces zoned Office and Institutional District (O&I).  This property is located at 5490 McGinnis Village Place, Suite 138, Alpharetta, GA 30005.

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

Speaking in favor:
None.

Speaking in opposition:
None.

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 Stacy Guy and a second by Tim Dineen to recommend APPROVAL of CP160018 Dhanunjaya Jalla to operate a 300 sq. ft. salon (personal service establishment) in an existing office building suite on 2.38 acres with 6 parking spaces zoned Office and Institutional District (O&I). 

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 Tim Dineen to open the public hearing of CP160020 Petstop of North Georgia, LLC to operate a dog training and boarding kennel with outdoor facilities in existing buildings totaling 1,785 sq. ft. on 5.062 acres with 6 parking spaces zoned Agricultural District (A1).  This property is located at 8430 Wallace Tatum Road, Cumming, GA 30028.

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

Speaking in favor:
Christopher Light

Steven Broadbent

Jennifer Barker
Wayne McDanal

 

There was a motion by Chairman Hammond and a second by Stacy Guy 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 favor (continued):

Michael Sinteff

Speaking in opposition:
Edward James

Speaking in favor (rebuttal):

Christopher Light

There was a motion by Chairman Hammond and a second by Patrick Britt 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 Stacy Guy to recommend APPROVAL of CP160020 Petstop of North Georgia, LLC to operate a dog training and boarding kennel with outdoor facilities in existing buildings totaling 1,785 sq. ft. on 5.062 acres with 6 parking spaces zoned Agricultural District (A1) with conditions:

 

CONDITIONS:

If the 25' zoning buffer is disturbed, it must be replanted in accordance with the Forsyth County Buffer Standards.

 

There shall be no training of dogs outside nor shall there be client pick up or drop off of dogs between the hours of 7:00 pm to 7:00 am.

 

Applicant shall install and maintain landscaping, utilizing a mix of evergreen bushes and trees, along the western side of the dog run that is closest to Peppy Lane.

 

Should the Applicant or its successor or assign ever cease to utilize the property for the purposes of operating a dog training facility (kennel), then Applicant or owner shall notify the Department of Planning and Community Development.  Upon such notification or upon the Department otherwise determining that the property is not being utilized as a dog training facility/kennel, the Director shall thereupon be authorized to initiate an application for consideration of revocation of the Conditional Use Permit for that use.

The dogs shall not spend the night outside or be housed outside.

 

There shall not be more than ten (10) dogs on the property for training.

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

 

 

PUBLIC HEARINGS FOR HOME OCCUPATION PERMITS
None.

PUBLIC HEARINGS FOR REZONINGS

Stacy Guy left the meeting at 8:33 p.m.

There was a motion by Chairman Hammond and a second by Tim Dineen to open the public hearing of ZA3792 – Lennar Georgia, Inc. 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. 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).

Stacy Guy returned to the meeting at 8:35 p.m.

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

Speaking in favor:
Josh Scoggins

Martina Power

Speaking in opposition:
Joe McCarthy

James M. Lozen, Sr.

Speaking in favor (rebuttal):

Josh Scoggins

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 Tim Dineen and a second by Stacy Guy to recommend DENIAL of ZA3792 – Lennar Georgia, Inc. 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.

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


There was a motion by Chairman Hammond and a second by Rusty Whitlow to open the public hearing of ZA3811 Southern Specialty Services, Inc. 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. This property is located at 840 Canton Highway, Cumming, GA 30040.

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

Speaking in favor:
Edward James

Michael Mills

 

Speaking in opposition:
None.

There was a motion by Chairman Hammond and a second by Patrick Britt 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 Tim Dineen to recommend APPROVAL of ZA3811 Southern Specialty Services, Inc. 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 with the following conditions:

CONDITIONS:

 

Owner/Developer shall dedicate right of way of 60' from centerline of S.R. 20 (Canton Hwy.) as part of site development or for road improvement projects as determined by GDOT and/or Forsyth County Department of Engineering.

 

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

 

Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial Land Disturbance Permit (LDP) based upon those County development standards existing at the time the rezoning application was initially filed. If no LDP is sought within eighteen (18) 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.

All parking lots shall be curbed and guttered.

Front parking spaces should not be used for overnight storage.

The following uses shall not be permitted on the subject property:

Bars, Lounges, or nightclubs provided this shall not preclude a restaurant as but not limited to Applebee’s from having a bar.

Hotels, Motels or Bed and breakfast Inn.

Theaters

Electronic game playing centers

Adult novelty stores

Adult entertainment centers.

Pawn shops.

Pool halls or bowling alleys.

Tattoo Parlors.

Vapor Cigarette Shops.

Commercial recreational facility, outdoor.

Junk yard

Open storage yard

Self storage

Shooting range indoor or outdoor

Vehicle Sales Dealership

All commercial building facades visible shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardi plank, may be used as accent material only, not to exceed 10% of surface area. Remainder of exterior may consist of brick, precast concrete, stone or glass. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel. 

There shall be no billboards or signs on poles. All signs will be of monument type not to exceed (10) feet in height.

Exterior lighting fixtures shall be situated so that light is directed only downward. Fixtures shall be no more than 25 high and shall be designed so as to minimize light spillage to not more than 1-foot candle along the boundary of the property.

Any lighting attached to building facing a residential development shall be the type of light that directs light downward only. 

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 open the public hearing of ZA3821 – Tallant Family Limited Partnership to rezone from 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. This property is located at 3030, 3070, 3076 and 3080 Dahlonega Highway, Cumming, GA 30040.

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

Speaking in favor:
Emory Lipscomb

David McBrayer

 

Speaking in opposition:
Kirk Wintersteen

Stuart Teague

Jay Guidry
Susan Martin

 

There was a motion by Rusty Whitlow and a second by Tim Dineen 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):

Susan Martin

 

There was a motion by Rusty Whitlow 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):

Chris Curtis

 

Speaking in favor (rebuttal):
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 Chairman Hammond and a second by Patrick Britt to recommend APPROVAL of ZA3821 – Tallant Family Limited Partnership to rezone from 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 with the following conditions:

 

CONDITIONS:

 

Certificate of occupancy for residential units may not be issued until certificates of occupancy are issued for at least 18,000 square feet of retail and office on the subject property.

 

Owner/Developer shall dedicate right of way 60’ from the centerline of S.R. 9 (Dahlonega Highway) as part of site development or as required for road improvements as determined by GDOT and Forsyth County Department of Engineering.

 

Over and above all storm water regulations required by the County the developer agrees to provide greater stormwater protection at least 10% more than that required by Forsyth County to ensure the homes on Pilgrim Valley Way are not affected by runoff from this development.

 

Developer shall install a 6-foot high wooden privacy fence as shown on Exhibit “A.”

 

All Landscaping in both residential and commercial shall be designed using the attached list of recommended plants and as approved by the County Arborist. (Exhibit “B”)

 

The developer shall save those trees specifically identified as ‘save’ trees on tax parcel 191-051 (Exhibit “A”) except that such trees need not be saved if in the opinion of the Forsyth County arborist the trees should be removed because of the proximity and impact of development undermining the tree’s root zone or if removal of the tree is otherwise believed by the arborist to be in the best interest of the public due to safety considerations.

 

If a complete application for land disturbance permit for the property is submitted within 18 months from 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.

Residential Component:

 

1.  The development shall, at a minimum, have 90% of the occupied units be inhabited by at least one person 55 years or older.  This requirement shall be made part of every purchasing agreement and the development’s HOA Board of Directors shall comply with the U. S. Department of Housing and Urban Development (HUD) rules for verification of occupancy and must provide for regular updates as required by HUD. 

 

All utilities shall be underground, if available.

 

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.

 

The Developer shall have covenants that require maintenance of the landscaped entrance area, walking trails, pocket parks and open space by a homeowners association.

 

Membership in the homeowners association is mandatory for owners of properties subject to these covenants.

 

The following restrictions shall apply regarding façade design.  For purposes of calculating façade area and required building materials, windows and doors will be excluded from such calculation:

 

Exteriors of all homes constructed on the subject property must be brick, stone, hard coat stucco, or a cement-based material such as hardi-board, with accents such as, but not limited to, copper roofing, cedar shake, a cement-based material such as hardi-board, or a combination of such materials, with such accent material not to exceed fifty percent (50%) of the front elevation.  The overlap of any lap siding shall have a maximum reveal of six (6) inches.  There shall be no vinyl or aluminum siding.  Exterior colors shall be earth tone in nature.

 

Unless otherwise stated in these conditions, homes shall include a brick and/or stone water table on all four (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 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.

 

Each home in the development shall have not less than a two-car garage.  Garage doors shall be carriage style and treated to blend in with the house features.

 

The project shall have a five-foot wide sidewalk along both sides of the street.

 

Pocket parks shall consist of features such as but not limited to free-standing benches, gazebos, community garden, trash receptacles, bicycle racks, or fire pits.

 

Street sign fixtures and street lighting fixtures 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.

 

A minimum of one front-yard tree per lot is required. The tree shall be a hardwood tree shall be planted within 15 feet of the right-of-way. Trees can be counted toward the Tree Ordinance’s required site density factor if a bond is posted for each phase of development and the bond provides adequate time for the County Arborist to verify proper tree planting.

 

There shall be a minimum thirty (30) foot wide landscape strip provided along Highway The landscaped strip shall include the following:

 

Two rows of plantings, with colorful plantings in front of the fencing spaced in clusters.  These plantings shall include herbaceous perennials, shrubs, and trees and be subject to County Arborist approval.

Board fences shall be installed along Highway 9.  Fences shall be four board style and shall consist of a minimum 1 inch thick, six (6) inch wide fence board affixed to six (6) inch posts spaced a maximum of ten (10) feet apart.   The Board fences shall be a minimum of four (4) feet and a maximum of six (6) feet in height.  The fence shall contain stone or brick columns every 50 feet to avoid the monotonous appearance of long fence runs.   Corners and ends of fence shall contain stone or brick column.

Site Furnishings shall be black powder coat/paint.

 

All landscape strips shall contain a minimum of one overstory tree and four shrubs per fifty (50) linear feet of strip length.  All proposed shrubs shall be a minimum of three-gallon container size and two (2) feet in height at the time of planting.  All proposed overstory trees shall be a minimum three-inch caliper at time of planting.  Trees and shrubs may be grouped or staggered and need not be evenly spaced within the strips

 

Landscape strips shall be located outside utility easements

 

All landscape designs shall incorporate a minimum of forty percent (40%) evergreen plantings (tree, shrubs, and groundcovers).  All landscape designs shall also incorporate a minimum of Twenty-five (25%) native plant material.  Such plant material must be indigenous to the Southeastern U.S. and be approved by the County Arborist

 

Homes shall have a minimum heated floor area of 1,800 square feet.

 

The roofing material used 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.

 

The Developer shall, and has agreed to, prior to or at the time of recording a final plat, duly record with the Forsyth County Clerk of Court covenants on the property to be duly administered by the Developer, a Property Owner’s Association, or like association, which will establish that no more than 10% of the units in the residential section of the MPD may be leased at any one time.

 

Exterior elevations shall be substantially similar to elevations presented in the MPD Zoning Booklet.

 

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

 

Architectural styles of homes shall be in keeping with the craftsman style as shown in the MPD Booklet.

 

 

Commercial Component

 

Monument signage used for the commercial area shall be faced with brick or stone.

 

Architectural standards for the commercial area of the development shall match/compliment the standards described in the MPD Book.  Colors shall be earth tone in nature.

 

Commercial building entrances shall utilize architectural details such as canopies, overhangs, awnings, recesses, projections, display windows, moldings, integral planters or wing walls that incorporate landscaped or sitting areas.

 

Animated, automated or flashing signs are prohibited.

 

Retaining walls, if present, shall be faced with brick, natural or synthetic stone if seen from the street.

 

Sidewalks and walking paths shall be present as indicated on the site plan and master development plan throughout as well as between the residential and commercial areas.  They shall be either brick or cement pavers, stamped concrete or a combination of these materials banded into concrete walkways as accents. 

 

The following uses shall not be permitted on the subject property:

Convenience stores, with or without gasoline pumps;

24-hour businesses;

Bars, lounges or night clubs not to preclude restaurants such as but not limited to Applebee's from serving alcohol.

Hotels or motels

Theaters

Electronic game playing centers

Adult entertainment centers

Adult novelty stores

Pawn shops;

Pool halls;

Tattoo parlors;

Car dealerships;

Motorized vehicle businesses.

 

 

The Developer shall impose a deed restriction on the commercial portion of the property dedicated to commercial such as will restrict that properties use to only a dedicated commercial use and that any covenants applicable to the MPD development shall provide that that portion of the property designated as commercial on the zoning concept plan for ZA3821 shall remain dedicated to commercial use and that a right to enforce the preservation of that property as a commercial use shall lie with all individuals and entities bound by the covenants.  Said deed restriction shall be recorded prior to the issuance of any residential building permit. Finally, the site plan to be used for marketing or selling purposes shall reflect the designated commercial area on the site such that those acquiring properties in the development will reasonably rely on that commercial area as an inducement to purchase, with all of the attendant rights such inducement shall provide

 

There shall be a minimum thirty (30) foot wide landscape strip provided along Highway The landscaped strip shall include the following:

 

Two rows of plantings, with colorful plantings in front of the fencing spaced in clusters.  These plantings shall include herbaceous perennials, shrubs, and trees and be subject to County Arborist approval.

Board fences shall be installed along Highway 9.  Fences shall be four board style and shall consist of a minimum 1 inch thick, six (6) inch wide fence board affixed to six (6) inch posts spaces a maximum of ten (10) feet apart.   The Board fences shall be a minimum of four (4) feet and a maximum of six (6) feet in height.

 

 

The developer has agreed to donate $10,000 to Forsyth County for a sidewalk improvement along Highway 9; and, based upon that offer, the County makes that offer into a zoning condition.  Funds shall be tendered to the County prior to the developer being issued land development permits.  This proposed sidewalk improvement is directly associated with ameliorating the impact of the present zoning and is considered by the County and the developer as a project improvement.  The offer to fund a sidewalk improvement is useful in minimizing the impact of this proposed development, but the providing of this funding is not determinative with respect to the Board of Commissioner’s decision on this zoning application.

 

Buildings shall be designed to avoid large, uninterrupted facades.   Window and door openings, varied front façade setbacks, material variation, a palette of colors, a variety of roof types, tower features, parapets, awning, cornices, canopies, corbels, banding, moldings and other architectural embellishments and details shall be used.

 

Architectural standards for the commercial area identified on page 17 of the MPD booklet shall be build using Flat roofs, roof mounted equipment, and other accessories shall be screened from view from the public rights-of-way, residential uses or any residential or agricultural zoning category by a parapet, gable roof, roof screen, or other architectural feature.  Roof equipment and roof screens shall be finished to match the roof or parapet wall.  When the relationship between building roofs and adjoining public streets and residential developments make screening of roof equipment impossible (e.g. road higher than roof), a parapet of no less than five (5) feet in height shall be installed

 

No wall facing a street or connection walkway shall have blank, uninterrupted façade that exceeds the following lengths, determined by determined by the area of the building footprint:

 

0 – 5,000 square feet (10-foot maximum length of blank wall)

5,000 – 10,000 square feet (20-foot maximum length of blank wall)

 

Blank walls facing a street or connecting walkway shall not exceed these lengths without at least two of the following:

Cornices;

Soffit projections;

Pilasters;

Columns;

Canopies/Porticoes;

Arcades;

Colonnades;

Variation of color, texture, or material pattern;

Windows or window frames (opaque, translucent, or transparent);

Wall landscaping (e.g. trellises with vines);

Planters; or

Doors

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 Rusty Whitlow to open the public hearing of ZA3825 – Sherry and Randall Fields 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. 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.

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

Speaking in favor:
Emory Lipscomb

Speaking in opposition:
Matt Wagner

There was a motion by Chairman Hammond and a second by Patrick Britt 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 to recommend APPROVAL of ZA3825 – Sherry and Randall Fields 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 with the following conditions:

CONDITIONS:

 

A viable open space shall be provided. Amend open space design to ensure it is accessible for us [sic][recte use] by residents.  Passive amenities, such as walking trails, may be located in required open space, but passive amenities may not comprise more than 25% of the required open space and may not include impervious material.

Owner/Developer shall dedicate right-of-way 30’ 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 in a location approved by Forsyth County Water & Sewer.

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.

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

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 44.

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.

Ranch homes shall have a minimum heated floor area of 2,200 square feet; Two-Story homes shall have a minimum heater [sic][recte heated] floor area of 2,400 square feet.

There shall be a landscape strip and fence along Roper 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.

Developer shall provide notice to all homeowners purchasing a lot in the subdivision that adjacent properties are currently being utilized for agricultural purposes. Accordingly, the adjacent property may emit odors, noise, dust and other by-products, which may not be compatible with the subject property’s residential use. The owners/developers agree not to bring any action asserting the adjacent agricultural use constitutes a nuisance. Notice will also be provided to the homeowners that the adjacent properties may be developed at some point in the future.

At a minimum the development shall include a passive amenity area.

Developer shall work with the Department of Engineering to install signage on Roper Road such as but not limited to “Slow Down”/”Curve Ahead”.

Buffer, privacy fence and open space shall be as depicted on the site plan attached as Exhibit “A”.

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

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.

Minimum lot width of 80 feet.

Chairman Hammond seconds for discussion.

There was a motion by Rusty Whitlow and a second by Chairman Hammond to amend condition #22 to read “single story homes” in place of “ranch homes”.

 

There was a motion by Chairman Hammond and a second by Tim Dineen to amend condition #20 to remove the wording “with a minimum caliper of three inches”.

 

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

 

The amended 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 ZA3828 – U.S. Atlantic Express, LLC to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 4.901 acres for a proposed truck terminal and office building totaling 15,000 sq. ft. with 23 parking spaces with a Conditional Use Permit for an open storage yard. This property is located at 2255 Pendley Road, Cumming, GA 30041. This property is also located north of Pendley Road, approximately 100 ft. east and 100 ft. west of the intersection with Industrial Park Boulevard.

 

Variance:

1.            Eliminate the required 5,000 ft. sewer distance requirements to facilitate the use of an on-site septic disposal system (UDC 18-5.18).

Rusty Whitlow left the meeting at 10:21 P.M.

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

Speaking in favor:
Sean Courtney

 

Rusty Whitlow returned at 10:24 P.M.

Speaking in opposition:
None.

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 Tim Dineen to recommend APPROVAL of ZA3828 – U.S. Atlantic Express, LLC to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 4.901 acres for a proposed truck terminal and office building totaling 15,000 sq. ft. with 23 parking spaces with a Conditional Use Permit for an open storage yard with the following variance and conditions:

 

VARIANCE:

 

1.            Eliminate the required 5,000 ft. sewer distance requirements to facilitate the use of an on-site septic disposal system (UDC 18-5.18).

 

CONDITIONS:

 

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

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

The Developer shall plant three rows of landscaping along Pendley Road.  Said landscaping shall have 75 percent coverage by live plant material at the time of plant maturity and must consist of at least three of the following elements: vegetative ground cover, herbaceous ornamentals, shrubs, or trees.  The third row shall consist of maple trees planted approximately every 50 feet.

There shall be no gravel located within 50 feet of the proposed right-of-way on Pendley Road.

All truck parking shall be located in the rear of the lot and there shall be no more than ten (10) tractor trailer trucks stored on the lot at any one time.

The following uses shall not be permitted on the subject property:

Adult entertainment and adult material establishments;

Automobile services establishments, major or minor;

Convenience stores, with or without gasoline pumps;

Explosives storage;

Junkyards, wrecked motor vehicle compounds, and wrecker services;

Kennels;

Open air businesses;

Recycling and recovery facilities;

Salvage yards;

Service stations;

Solid waste transfer stations;

Vehicle sales dealerships;

Self-storage or mini-warehouse;

 

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 Tim Dineen to open the public hearing of ZA3829 – Halil Tufangil to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 5.294 acres for a proposed truck terminal/automobile service establishment and office totaling 5,652 sq. ft. with 6 parking spaces with a Conditional Use Permit for an open storage yard. This property is located at 2341 Pendley Road, Cumming, GA 30041. This property is also located north of Pendley Road approximately 230 ft. east of the intersection with Industrial Park Boulevard.

 

Variance:

1. Eliminate the required 5,000 ft. sewer distance requirements to facilitate the use of an on-site septic disposal system (UDC 18-5.18).

2. Reduce the zoning setback abutting Single Family Residential District (R1) property from 75 ft. to 30 ft. along the northern boundary (UDC Table 14.2).

3. Reduce the zoning buffer abutting Single Family Residential District (R1) property from 60 ft. to 30 ft. along the northern boundary (UDC Table 14.2).

4. Reduce the zoning setback abutting Single Family Residential District (R1) property from 75 ft. to 15 ft. along the western boundary (UDC Table 14.2).

5. Reduce the zoning buffer abutting Single Family Residential District (R1) property from 60 ft. to 15 ft. along the western boundary (UDC Table 14.2).

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

Speaking in favor:
Sean Courtney

Speaking in opposition:
None.

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 Tim Dineen to recommend APPROVAL of ZA3829 – Halil Tufangil to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 5.294 acres for a proposed truck terminal/automobile service establishment and office totaling 5,652 sq. ft. with 6 parking spaces with a Conditional Use Permit for an open storage yard with the following variances and conditions:

 

VARIANCE:

 

1. Eliminate the required 5,000 ft. sewer distance requirements to facilitate the use of an on-site septic disposal system (UDC 18-5.18).

 

2. Reduce the zoning setback abutting Single Family Residential District (R1) property from 75 ft. to 30 ft. along the northern boundary (UDC Table 14.2).

3. Reduce the zoning buffer abutting Single Family Residential District (R1) property from 60 ft. to 45 ft. along the northern boundary (UDC Table 14.2).

4. Reduce the zoning setback abutting Single Family Residential District (R1) property from 75 ft. to 15 ft. along the western boundary (UDC Table 14.2).

5. Reduce the zoning buffer abutting Single Family Residential District (R1) property from 60 ft. to 15 ft. along the western boundary (UDC Table 14.2).

 

CONDITIONS:

 

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

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

The Developer shall plant three rows of landscaping along Pendley Road.  Said landscaping shall have 75 percent coverage by live plant material at the time of plant maturity and must consist of at least three of the following elements: vegetative ground cover, herbaceous ornamentals, shrubs, or trees.  The third row shall consist of maple trees planted approximately every 50 feet.

There shall be no gravel located within 50 feet of the proposed right-of-way on Pendley Road.

All truck parking shall be located in the rear of the lot and there shall be no more than 18 trucks and 30 cars stored on the lot.

If the truck terminal/auto services establishment building is built on the front of the lot, it shall match the architecture of the office building located on the property.  The shop should be moved 35 feet further back on the lot and have the doors face west. 

If any of existing trees in Exhibit A, that are to be saved, are taken down there will be $7500 in recompense per tree.  This is the hardship for the sewer variance.  There are 10 trees in total.

All vehicles will be stored on the north side or back of the lot opposite of Pendley Road.

New shop will be set back an additional 35’ feet north of Pendley Road with doors facing west. 

Reduce the zoning buffer along the northern boundary from 60’ to 45’.

The following uses shall not be permitted on the subject property:

Adult entertainment and adult material establishments;

Convenience stores, with or without gasoline pumps;

Explosives storage;

Junkyards, wrecked motor vehicle compounds, and wrecker services;

Kennels;

Open air businesses;

Recycling and recovery facilities;

Salvage yards;

Service stations;

Solid waste transfer stations;

Vehicle sales dealerships;

Self-storage or mini-warehouse;

 

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 ZA3832 – Walton Communities, LLC to rezone from Multi Family Residential District (RES6) to Restricted Industrial District (M1) on 16.648 acres for a proposed office/warehouse building totaling 45,000 sq. ft. with 52 parking spaces. This property is located east of Bluegrass Valley Parkway approximately 600 feet northeast of the intersection with Technology Drive. This property is also located south and east of property known as 190 Bluegrass Valley Parkway and north of property known as 1665, 1680, 1685 and 1690 Bluegrass Valley Parkway, Alpharetta, GA 30005.

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

Speaking in favor:
Emory Lipscomb

Speaking in opposition:
None.

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 ZA3832 – Walton Communities, LLC to rezone from Multi Family Residential District (RES6) to Restricted Industrial District (M1) on 16.648 acres for a proposed office/warehouse building totaling 45,000 sq. ft. with 52 parking spaces with the following variance and conditions:

 

CONDITIONS:

 

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 and 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 easements or R/W.

 

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

 

Owner/Developer shall dedicate right-of-way and easements for construction of Ronald Reagan Boulevard through the northern portion of the property as part of site development or when needed for Ronald Reagan Boulevard road construction.

 

Finish grade of development at right-of-way of Ronald Reagan Boulevard shall match the grade shown on Ronald Reagan Boulevard project design plans.

 

The maximum height of buildings in the development on the Subject Property shall be three stories.

 

Exterior lighting fixtures shall be no more than 15 feet high and shall be designed so as to minimize light spillage to not more than 1 foot candle along the boundary of the property.

 

There shall be a landscaped entrance with a monument type sign.  Animated, automated or flashing signs are prohibited.

 

Project shall adhere to applicable covenants and conditions of Bluegrass including the requirements for maintaining the common architectural theme of Bluegrass.

 

The Owner/Developer will collaborate with the Forsyth County Arborist to implement a planted visual buffer that will screen as much as possible the view of the structure from the Forsyth County Greenway located on the property’s eastern side.       

The following uses shall not be permitted on the subject property:

Adult entertainment and adult material establishments;

Automobile services establishments, major or minor;

Convenience stores, with or without gasoline pumps;

Explosives storage;

Junkyards, wrecked motor vehicle compounds, and wrecker services;

Kennels;

Open air businesses;

Open storage yards;

Recycling and recovery facilities;

Salvage yards;

Service stations;

Solid waste transfer stations;

Vehicle sales dealerships;

Self-storage or mini-warehouse;

 

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 Bettina Hammond to adjourn the meeting at 10:55 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 March 28, 2017.



____________________________________
Bettina Hammond, Chairman

_____________________________________
Stacy Guy, Secretary

_____________________________________
Patrick Britt, Member

_____________________________________

Tim Dineen, Member

_____________________________________

Rusty Whitlow, Member

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