7/27/2004 - Planning Commission Public Hearing

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Planning Commission Agenda

FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING AGENDA
July 27, 2004 @ 6:30 P.M.
COMMISSIONERS MEETING ROOM
**DRAFT**


I. CALL MEETING TO ORDER AND PLEDGE OF ALLEGIANCE


II. REVIEW OF MEETING PROCEDURES


III. ADOPT OR AMEND MINUTES OF THE JUNE 29, 2004 REGULAR MEETING AND THE JULY 20, 2004 WORK SESSION MEETING.


IV. ANNOUNCEMENTS

1. The Planning Department requests the postponement of CUP# 04-052 (Wayne F. Orr) until the August 31, 2004 meeting due to the public notice sign not being posted by the deadline.

2. The Planning Department requests the postponement of CUP# 04-061 (Diane Suddeth) until the August 31, 2004 meeting due to the public notice sign not being posted by the deadline.

3. The Planning Department requests the postponement of ZA# 2847 (Ashton Atlanta Residential, LLC) until the August 31, 2004 meeting due to the public notice sign not being posted by the deadline.

4. The Planning Department requests the postponement of ZA #2862 (Regent Land Holdings, LLC) until the August 31, 2004 meeting due to the public notice sign not being posted by the deadline.

5. The Planning Department requests the postponement of ZA# 2864 (Wayne F. Orr) until the August 31, 2004 meeting due to the public notice sign not being posted by the deadline.

6. The Planning Department requests the postponement of ZA# 2865 (Wayne F. Orr) until the August 31, 2004 meeting due to the public notice sign not being posted by the deadline.

7. The Planning Department requests the postponement of ZA# 2867 (Wayne F. Orr) until the August 31, 2004 meeting due to the public notice sign not being posted by the deadline.

8. The Planning Department requests the postponement of ZA #2886 (Ivey Building Corporation) until the August 31, 2004 meeting due to the DRI process not being completed.

9. The Planning Department requests the postponement of ZA #2887 (Ivey Building Corporation) until the August 31, 2004 meeting due to the DRI process not being completed.

10. At the June 29, 2004 meeting, the Planning Commission postponed ZA #2903 (Michael Brand) to the August 31, 2004 meeting, at the applicant's request.

11. The Planning Department requests the postponement of ZA #2915 (Coordinated Properties Partners) until the August 31, 2004 meeting due to the need to readvertise.

12. The Planning Department requests the postponement of ZA #2920 (Sivica Commercial, Inc.) until the August 31, 2004 meeting due to the public notice sign not being posted by the deadline.

13. The Planning Department requests the postponement of ZA #2922 (600 Peachtree Parkway, LLC) until the August 31, 2004 meeting due to the public participation report not being submitted.

14. The Planning Department requests the postponement of ZA #2929 (Greenspace Properties, LLC) until the August 31, 2004 meeting due to the public notice sign not being posted by the deadline.

15. The Planning Department requests the postponement of ZA #2930 (Greenspace Properties, LLC) until the August 31, 2004 meeting due to the public notice sign not being posted by the deadline.

16. The applicant requests the postponement of ZA #2931 (PEC Development Group, Inc.) until the August 31, 2004 meeting.

17. The applicant requests the withdrawal of ZA #2937 (Phil A. Smith Development, Inc.).

18. The Planning Department requests the postponement of ZA #2941 (Samir S. Husson) until the August 31, 2004 meeting due to the public participation report not being submitted.

19. The Planning Department requests the postponement of ZA #2942 (Benchmark Investment Properties) until the August 31, 2004 meeting due to the public notice sign not being posted by the deadline.

20. The Planning Department requests the postponement of ZA #2943 (Beatrice I. Haddock) until the August 31, 2004 meeting due to the public notice sign not being posted by the deadline.


V. OLD BUSINESS

1. Echols Highway 20 ZA #2882 Rezone from R2R to
Development Co., Inc. RES-4 with a variance
density requirements
21.93 Acres
Does Not Conform
Location: Approximately 2.5 miles southeast of Cumming in the northwest corner of Buford Dam Road and Hitt Road. This property is located in Commission District #5.

2. Riverbrooke Capital ZA #2936 Rezone from A1 to
Partners RES-3
167.02 Acres
Conforms
Location: Approximately 6 miles south of Cumming on the east side of James Burgess Road at the intersection with Nichols Drive and on the east side of Burgess Drive approximately 400 feet south of the intersection with James Burgess Road and on the north side of Settles Road approximately 1800 feet northeast of the intersection with Southers Circle. This property is located in Commission District #2.


VI. NEW BUSINESS


VII. PUBLIC HEARINGS FOR HOME OCCUPATION PERMITS

1. Diane O'Brien HOP #04-031
Floral Arranging 0.37 Acres

Applicant proposes a floral arranging business on property currently zoned CR1.

Location: Approximately 3.5 miles southwest of Cumming on Lot #878 at 6875 Grassmoor Grange Way in Polo Golf and Country Club Subdivision. This property is located in Commission District #3.


VIII. PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS


1. Wayne F. Orr CUP #04-052
12.24 Acres

Applicant proposes a helipad business on property zoned M1.

Location: Approximately 6.5 miles southwest of Cumming on the west side of Stoney Point Road and northwest of Shiloh Road East at the intersection of Shiloh Road East and Stoney Point Road. This property is located in Commission District #2.

2. The Peachtree Development Group CUP #04-055
48.13 Acres

Applicant proposes a continuing care retirement community on property zoned CBD.

Location: Approximately 6.5 miles south of Cumming on the north side of the future Brookwood Road Extension at the end of Densmore Road. This property is located in Commission District #2.

3. Kristie Dimarakis CUP #04-059
14.01 Acres

Applicant proposes horse boarding on property zoned A1.

Location: Approximately 2 miles northeast of Cumming on the west side of Antioch Road approximately 1400 feet south of the intersection with Morgan Drive. This property is located in Commission District #1.

4. Bennett Partners, LLLP CUP #04-060
3.30 Acres

Applicant proposes an open storage yard, warehouse and storage building on property zoned CBD.

Location: Approximately 3.5 miles west of Cumming in the northwest corner of Drew Campground Road and Post Road. This property is located in Commission District #3.

5. Dianne Suddeth CUP #04-061
2.19 Acres

Applicant proposes outside storage for an existing garage on property zoned A1 and CBD.

Location: Approximately 2.5 miles northwest of Cumming on the west side of Dr. Bramblett Road approximately 1200 feet south of the intersection with Roper Road. This property is located in Commission District #1.





IX. PUBLIC HEARINGS FOR SKETCH PLATS

1. OCS Enterprises SK #04-040
35.98 Acres
Zoned M1

Applicant proposes an industrial building on property currently zoned “Restricted Industrial (M1)”.

Location: Approximately 1.5 miles southwest of Cumming at the end of Redi Road approximately 750 feet north of the intersection with Atlanta Highway (SR 9). This property is located in Commission District #3.

2. Burruss Mill, LLC SK #04-042
37.80 Acres
Zoned LR

Applicant proposes a 47 lot single family residential subdivision on property currently zoned “Lake Residential (LR)”.

Location: Approximately 5.5 miles northeast of Cumming on the east side of Burruss Mill Road and on the south side of Parks Road at the intersection with Burruss Mill Road. This property is located in Commission District #4.

3. Forsyth County Schools SK #04-043
95.13 Acres
Zoned A1

Applicant proposes a high school on property currently zoned “Agricultural (A1)”.

Location: Approximately 3.5 miles west of Cumming within Drew Court, Drew Road and Kelly Mill Road. This property is located in Commission District #3.


X. PUBLIC HEARINGS FOR REZONINGS

1. Truman Mountain, LLC ZA #2777 Rezone from A1 to R2R
30.91 Acres
Conforms
Location: Approximately 2.5 miles northeast of Cumming at the end of Allen Drive off of Hammond Drive. This property is located in Commission District #1.

2. Ashton Atlanta ZA #2847 Rezone from A1 to
Residential, LLC RES-3
144.283 Acres
Partially Conforms
Location: Approximately 3.5 miles west of Cumming on the west side of Aaron Sosebee Road approximately 1000 feet south of the intersection with Canton Highway (SR 20) and on the east side of Post Road approximately 1300 feet south of the intersection with Canton Highway (SR 20). This property is located in Commission District #3.

3. Regent Land Holdings, LLC ZA #2862 Rezone from CBD/M1
to RES-6
66.77 Acres
Does Not Conform
Location: Approximately 7.0 miles southwest of Cumming on the east side of McFarland Road approximately 1000 feet southeast of the intersection with Bluegrass Valley Parkway and on the southeast side of Bluegrass Valley Parkway approximately 350 feet northeast of the intersection with McFarland Road and on the east side of the cul-de-sac of Bluegrass Valley Parkway. This property is located in Commission District #3.

4. Wayne F. Orr ZA #2864 Rezone from M1 to
RES-6
5.02 Acres
Does Not Conform
Location: Approximately 6.5 miles southwest of Cumming on the west side of Stoney Point Road and northeast of Shiloh Road East at the intersections of Shiloh Road, Shiloh Road East, and Stoney Point Road. This property is located in Commission District #2.

5. Wayne F. Orr ZA #2865 Rezone from M1 to
RES-4
15.05 Acres
Does Not Conform
Location: 6.5 miles southwest of Cumming on the east side of Shiloh Road approximately 700 feet northwest of the intersection with Shiloh Road East setback approximately 500 feet. This property is located in Commission District #2.

6. Regent Land Holdings, LLC ZA #2866 Rezone from M1 to
RES-6
22.7 Acres
Does Not Conform
Location: Approximately 6.5 miles southwest of Cumming on the north and south sides of Jones Road approximately 1200 feet northwest of the intersection with Bluegrass Lakes Parkway. This property is located in Commission District #3.

7. Wayne F. Orr ZA #2867 Rezone from M1 to NS
1.85 Acres
Does Not Conform
Location: Approximately 6.5 miles southwest of Cumming in the northern corner of the intersection of Shiloh Road and Shiloh Road East. This property is located in Commission District #2.

8. Ivey Building Corporation ZA #2886 Rezone from A1 to
RES-6 with Variances
to setback requirement
212.4 Acres
Conforms
Location: Approximately 5.5 miles northeast of Cumming on the south side of Settingdown Road approximately 400 feet northeast of the intersection with Georgia 400. This property is located in Commission District #4.




9. Ivey Building Corporation ZA #2887 Rezone from A1 to
CBD with Variances
to setback and buffer
requirements
5.8 Acres
Conforms
Location: Approximately 5.5 miles northeast of Cumming on the south side of Settingdown Road approximately 400 feet northeast of the intersection with Georgia 400. This property is located in Commission District #4.

10. Echols Highway 20 ZA #2888 Rezone from R1 to
Development Co., Inc. CBD
1.013 Acres
Conforms
Location: Approximately 3.0 miles southeast of Cumming on the west side of Buford Highway (SR 20) approximately 1100 feet southeast of the intersection with Holly Court. This property is located in Commission District #5.

11. Maurine B. Bagley & ZA #2892 Rezone from NS & A1
Bobby Bagley to CBD
15.255 Acres
Does Not Conform
Location: Approximately 5.0 miles southwest of Cumming on the
north side of Atlanta Highway (SR 9) approximately 600 feet
southeast of the intersection with Bettis Court. This property is
located in Commission District #3.

12. Mt. Paran Properties ZA #2904 Rezone from A2 to
CBD with Variances to
buffer and setback
requirements
5.58 Acres
Conforms
Location: Approximately 8.0 south of Cumming on the east side of Peachtree parkway (SR 141) approximately 800 feet northeast of the intersection with Granite Lane. This property is located in Commission District #2.

13. Mt. Paran Properties ZA #2905 Rezone from A2 to
RES-4 with Variances
to lot width and
setback requirements
44.99 Acres
Does Not Conform
Location: Approximately 8.0 miles south of Cumming setback 300 feet from the right of way of Peachtree Parkway (SR 141) approximately 800 feet northeast of the intersection with Granite Lane. This property is located in Commission District #2.

14. Coordinated Properties, Inc. ZA #2915 Rezone from A1/M1 to
RES-4 with Variances
to setback and
minimum density
requirements
120.61 Acres
Does Not Conform
Location: Approximately 5.5 miles southwest of Cumming on the west side of Stoney Point Road approximately 600 feet southwest of the intersection with Kitfox Circle. This property is located in Commission District #2.

15. Sivica Commercial, Inc. ZA #2920 Rezone from A1 to
CBD
11.60 Acres
Conforms
Location: Approximately 2.5 miles southwest of Cumming in the northwest corner of the intersection of Bethelview Road and Castleberry Road. This property is located in Commission District #3.

16. Keith Martin ZA #2921 Rezone from A1 to
CBD with a Variance
to setbacks
1.319 Acres
Conforms
Location: Approximately 4.5 miles northeast of Cumming on the east side of Martin Road approximately 500 feet north of the intersection with Georgia Highway 400. This property is located in Commission District #1.

17. 600 Peachtree Parkway, ZA #2922 Rezone from M1 to
LLC CBD
0.89 Acres
Does Not Conform
Location: Approximately 3.5 miles southwest of Cumming on the west side of Peachtree Parkway (SR 141) approximately 80 feet northwest of the intersection with Spring Valley Drive. This property is located in Commission District #2.

18. Post Ridge, LLC ZA #2923 Rezone from A1 to
RES-3
21.484 Acres
Does Not Conform
Location: Approximately 4.25 miles west of Cumming on the east side of Post Road (SR 371) approximately 700 feet southeast of the intersection with Wellington Place. This property is located in Commission District #3.

19. Townhomes of Kelly ZA #2924 Rezone from A1 to
Mill, LLC RES-6
9.7 Acres
Does Not Conform
Location: Approximately 3.5 miles west of Cumming on the south side of Kelly Mill Road approximately 750 feet southeast of the intersection with Post Road. This property is located in Commission District #3.

20. Parkway North ZA #2925 Rezone from M1 to
Business Park, LLC CBD
3.431 Acres
Does Not Conform
Location: Approximately 2.5 miles southwest of Cumming on the southeast corner of the intersection of Bennett Parkway and Bethelview Road. This property is located in Commission District #3.



21. Keron Heslin ZA #2926 Rezone from A1 to
RES-2 with a Variance
to allow more than one
parcel off an easement
1.80 Acres
Conforms
Location: Approximately 1.5 miles north of Cumming on the north side of Dr. Dunn Road approximately 950 feet west of the intersection with Dahlonega Highway (SR 9). This property is located in Commission District #1.

22. Ranson Development ZA #2927 Rezone from PUD to
Corporation RES-3 with a Variance
to setbacks
5.66 Acres
Does not Conform
Location: Approximately 1.5 miles southwest of Cumming on the south side of Castleberry Road approximately 350 feet west of the intersection with Piney Grove Road. This property is located in Commission District #3.

23. Greenspace Properties, ZA #2929 Rezone from A1 to
LLC RES-4
46.07 Acres
Does not Conform
Location: Approximately 5.0 miles northeast of Cumming on the north side of Church Road approximately 1450 feet west of the intersection with Settingdown Circle and on the west side of Settingdown Circle approximately 1450 feet north of the intersection with Church Road. This property is located in Commission District #1.

24. Greenspace Properties, ZA #2930 Rezone from A1 to
LLC RES-3
11.28 Acres
Conforms
Location: Approximately 5.0 miles northeast of Cumming on the north side of Church Road approximately 1700 feet west of the intersection with Settingdown Circle. This property is located in Commission District #1.

25. PEC Development ZA #2931 Rezone from A1 to
Group, Inc. RES-3
29.73 Acres
Does Not Conform
Location: Approximately 3.5 miles northwest of Cumming at the end of Elzey Drive approximately 2300 feet west of the intersection with Dr. Bramblett Road. This property is located in Commission District #1.

26. Royal Hospitality Group, ZA #2934 Rezone from R2 to
Inc. CBD
2.03 Acres
Does Not Conform
Location: Approximately 1 mile south of Cumming on the southwest side of Buford Highway (SR 20) approximately 800 feet northwest of the intersection with Sanders Road. This property is located in Commission District #1.

27. Phil A. Smith Development ZA #2937 Rezone from A1 to
Company, Inc. RES-2
19.19 Acres
Conforms
Location: Approximately 5.5 miles north of Cumming on the west side of Hamby Drive approximately 320 feet south of the intersection with Clark Lane. This property is located in Commission District #4.

28. Capital Design Group ZA #2938 Rezone from A2 to
RES-3 with a variance
to setback requirements
49.20 Acres
Conforms
Location: Approximately 3.5 miles west of Cumming on the west side of Post Road (SR 371) approximately 200 feet south of the intersection with Jonathon's Way. This property is located in Commission District #3.




29. Burruss Mill, LLC ZA #2939 Rezone from A1 to
RES-2
5.64 Acres
Conforms
Location: Approximately 5.5 miles northeast of Cumming on the west side of Burruss Mill Road approximately 600 feet southwest of the intersection with Parks Road. This property is located in Commission District #4.

30. Ransom Development ZA #2940 Rezone from A1 to
Corporation RES-3 with a variance
to setback requirements
16.68 Acres
Does Not Conform
Location: Approximately 6 miles southwest of Cumming in the northwest corner of the intersection of Mullinax Road and Fowler Road. This property is located in Commission District #3.

31. Samir S. Husson ZA #2941 Rezone from A1 to
O & I with a variance
to buffer requirements
1.00 Acre
Conforms
Location: Approximately 8 miles south of Cumming on the northeast side of McGinnis Ferry Road approximately 700 feet northwest of the intersection with Montvale Crossing. This property is located in Commission District #2.

32. Benchmark Investment ZA #2942 Rezone from A1 to
Properties, LLC RES-2
2.053 Acres
Conforms
Location: Approximately 6.5 miles north of Cumming on the southwest side of Elmo Road approximately 1800 feet northwest of the intersection with Mockingbird Road. This property is located in Commission District #4.




33. Beatrice I. Haddock ZA #2943 Rezone from A1 to
RES-3
38.15 Acres
Does Not Conform
Location: Approximately 3.75 miles west of Cumming on the north side of Drew Campground Road approximately 900 feet from the intersection with Post Road (SR 371) setback approximately 2000 feet from the right-of-way of Post Road (SR 371). This property is located in Commission District #3.

34. Larry and Kathy ZA #2944 Rezone from A1 to
Kennemore HB
5.424 Acres
Dose Not Conform
Location: Approximately 6 miles southwest of Cumming in the northeast corner of Mullinax Road and Fowler Road. This property is located in Commission District #3.

35. Douglas Sorrells ZA #2945 Rezone from A1 to
CBD with a
Conditional Use Permit
5.328 Acres
Does Not Conform
Location: Approximately 4 miles north of Cumming on the north side of Matt Highway (SR 369) approximately 800 feet west of the intersection with Coal Mountain Drive. This property is located in Commission District #1.

36. Pillar Development, Inc. ZA #2946 Rezone from A1 to
RES-4
18.623 Acres
Does Not Conform
Location: Approximately 6.75 miles southwest of Cumming on the west side of Atlanta Highway (SR 9) at the intersection with Commerce Boulevard. This property is located in Commission District #3.




37. Pillar Development, Inc. ZA #2947 Rezone from A1 to
RES-6
21.0 Acres
Does Not Conform
Location: Approximately 6.75 miles southwest of Cumming on the west side of Atlanta Highway (SR 9) at the intersection with Commerce Boulevard. This property is located in Commission District #3.

38. Avery Stone ZA #2948 Rezone from A1 to
CBD with a
Conditional Use Permit
6.783 Acres
Conforms
Location: Approximately 1.75 miles northeast of Cumming on the north side of The Place Drive and on the east side of Antioch Road. This property is located in Commission District #5.

39. Tom W. Cobb, Sr. ZA #2949 Rezone from O & I to
CBD
1.913 Acres
Conforms
Location: Approximately 2 miles south of Cumming on the east side of Buford Highway (SR 20) south of the intersection with Habersham Gate Drive. This property is located in Commission District #5.

40. District Union of the United ZA #2950 Rezone from A1 to
Methodist Church OR
1.00 Acre
Does Not Conform
Location: Approximately 3 miles southwest of Cumming on the south side of Castleberry Road approximately 1800 feet southwest of the intersection with Bethelview Road. This property is located in Commission District #3.

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110 East Main Street
Cumming GA 30040
FORSYTH COUNTY GOVERNMENTPhone: 770-781-2101
Fax: 770-781-2199