8/31/2004 - Planning Commission Public Hearing

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Phone: 770.781.2115
Fax: 770.781.2197
Planning Commission Agenda for 08/31/04

FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING AGENDA
September 28, 2004 @ 6:30 P.M.
COMMISSIONERS MEETING ROOM


I. CALL MEETING TO ORDER AND PLEDGE OF ALLEGIANCE


II. REVIEW OF MEETING PROCEDURES


III. ADOPT OR AMEND MINUTES OF THE JULY 27, 2004 REGULAR MEETING AND THE AUGUST 24, 2004 WORK SESSION MEETING.

IV. ANNOUNCEMENTS

1. The applicant requests the postponement of CUP# 04-052 (Wayne F. Orr) until the September 28, 2004 meeting.

2. The applicant requests the postponement of CUP# 04-055 (The Peachtree Development Group, Inc.) until the September 28, 2004 meeting.

3. At the June 29, 2004 meeting, ZA #2777 (Truman Mountain, LLC) was postponed until the September 28, 2004 meeting.

4. The applicant requests the postponement of ZA# 2864 (Wayne F. Orr) until the September 28, 2004 meeting.

5. The applicant requests the postponement of ZA# 2865 (Wayne F. Orr) until the September 28, 2004 meeting.

6. The applicant requests the postponement of ZA# 2867 (Wayne F. Orr) until the September 28, 2004 meeting.

7. The applicant requests the withdrawal of ZA #2903 (Michael Brand).

8. The Planning Department requests the postponement of ZA #2929 (Greenspace Properties, LLC) until the September 28, 2004 meeting due to the public notice sign not being posted by the deadline.

9. The Planning Department requests the postponement of ZA #2930 (Greenspace Properties, LLC) until the September 28, 2004 meeting due to the public notice sign not being posted by the deadline.

10. The applicant requests the withdrawal of ZA #2931 (PEC Development Group, Inc.).

11. The Planning Department requests the postponement of ZA #2934 (Royal Hospitality Group, Inc.) until the September 28, 2004 meeting due to a boundary dispute on the survey.

12. The Planning Department requests the postponement of ZA #2943 (Beatrice I. Haddock) until the September 28, 2004 meeting due to the addition of acreage and readvertisement.

13. At the July 27, 2004 meeting, the Planning Commission postponed ZA #2945 (Douglas Sorrells) to the September 28, 2004 meeting, at the applicant's request.

14. The applicant requests the postponement of ZA #2946 (Pillar Development, Inc.) until the September 28, 2004 meeting to add additional property.

15. The applicant requests the postponement of ZA #2947 (Pillar Development, Inc.) until the September 28, 2004 meeting to add additional property.

16. The Planning Department requests the postponement of ZA #2949 (Tom W. Cobb, Sr.) until the September 28, 2004 meeting due to the public notice sign not being posted by the deadline.

17. The applicant requests the postponement of ZA #2956 (Wayne McPherson) until the September 28, 2004 meeting.

18. The Planning Department requests the postponement of ZA #2958 (D & B Properties, Inc.) until the September 28, 2004 meeting due to the need to readvertise for a variance.

V. OLD BUSINESS

VI. NEW BUSINESS

1. Public Hearing for a revision to the Forsyth County Comprehensive Plan.

VII. PUBLIC HEARINGS FOR HOME OCCUPATION PERMITS

1. Heaven's Gait HOP #04-033
Therapeutic Horseback Riding Center 4.306 Acres

Applicant proposes a therapeutic horseback riding center on property currently zoned A1.

Location: Approximately 8.5 miles northeast of Cumming on the east side of Jot'em Down Road approximately 270 feet north of the intersection with Meadowgrove Lane. This property is located in Commission District #4.

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. 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.

4. Sandra Brannon CUP #04-062
Horseshoe Stables 9.614 Acres

Applicant proposes horse boarding on property zoned A1.

Location: Approximately 5 miles northwest of Cumming on the east side of Franklin Goldmine Road approximately 1370 feet northwest of the intersection with Canton Highway (SR 20). This property is located in Commission District #1.

5. Maureen B. Cox CUP #04-063
18.42 Acres

Applicant proposes a horse farm on property zoned A1.

Location: Approximately 4 miles north of Cumming at the end of McIntyre Way approximately 1250 feet west of the intersection with John Burruss Road. This property is located in Commission District #4.

IX. PUBLIC HEARINGS FOR SKETCH PLATS

1. Wolverton & Associates, Inc. SK #04-044
33.38 Acres
Zoned CBD

Applicant proposes a Walmart Supercenter on property currently zoned CBD.

Location: Approximately 6 miles south of Cumming on the east side of Peachtree Parkway (SR 141) and on the south side of Bagley Road approximately 1580 feet north of the intersection of Peachtree Parkway (SR 141) and Laurel Springs Parkway. This property is located in Commission District #2.

2. Big Creek Church, Inc. SK #04-045
67.60 Acres
Zoned CR1

Applicant proposes a church facility and a single family residential subdivision on property currently zoned CR1.

Location: Approximately 2.5 miles southwest of Cumming on the east side of Bethelview Road approximately 1350 feet south of the intersection with Pittman 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. 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.

3. 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.

4. 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.

5. 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.




6. Ivey Building Corporation ZA #2886 Rezone from A1 to
RES-6 with Variances
to setback requirements
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.

7. 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.

8. 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.

9. Michael D. Brand ZA #2903 Rezone from A1 to
CBD with a
Conditional Use Permit
1.65 Acres
Does Not Conform
Location: Approximately 2.5 miles west of Cumming setback 486 feet on the west side of Bethelview Road approximately 200 feet northwest of the intersection with Luke Drive. This property is located in Commission District #3.

10. Coordinated Properties, Inc. ZA #2915 Rezone from A1/M1 to
RES-4 with Variances
to setback and
minimum density
requirements
137.34 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.



18. 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.

19. 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.

20. 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.

21. 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.



22. 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.

23. SF Properties, Inc. ZA #2951 Rezone from A1 to
RES-2
51.761 Acres
Conforms
Location: Approximately 7 miles northeast of Cumming on the west side of Jot'em Down Road approximately 500 feet north of the intersection with Forest Path Drive. This property is located in Commission District #4.

24. Carson Developments, Inc. ZA #2953 Rezone from A1 to
RES-6
30 Acres
Does Not Conform
Location: Approximately 6.5 miles southwest of Cumming on the west side of McFarland Road approximately 750 feet southeast of the intersection with Winkler Drive. This property is located in Commission District #3.

25. John Pearson ZA #2954 Rezone from A1 to
RES-3
70.9 Acres
Does Not Conform
Location: Approximately 6 miles north of Cumming on the east side of Elmo Road approximately 800 feet from the intersection with Mockingbird Road and on the southeast side of Mockingbird Road approximately 700 feet from the intersection with Elmo Road. This property is located in Commission District #4.





26. Golden Isles Investment ZA #2955 Rezone from R2R to
Group, LLC RES-3
94.96 Acres
Conforms
Location: Approximately 6 miles north of Cumming on the west side of Dahlonega Highway (SR 9) at the initersection with Burruss Road and on the east and west sides of Grogan Road. This property is located in Commission District #4.

27. Wayne McPherson ZA #2956 Rezone from A1 to
CBD
7.79 Acres
Does Not Conform
Location: Approximately 2.5 miles southwest of Cumming on the north side of Castleberry Road approximately 750 feet southwest of the intersection with Bethelview Road and on the south side of Bethelview Road approximately 600 feet northwest of the intersection with Castleberry Road. This property is located in Commission District #3.

28. SF Properties, Inc. ZA #2957 Rezone from A1 to
RES-2
38.29 Acres
Conforms
Location: Approximately 4 miles northwest of Cumming on the east side of Hurt Bridge Road approximately 1600 feet northwest of the intersection with Pleasant Grove Road. This property is located in Commission District #4.

29. D & B Development, Inc. ZA #2958 Rezone from A1 to
RES-4
38.2614 Acres
Does Not Conform
Location: Approximately 2.5 miles southwest of Cumming on the north side of Castleberry Road approximately 2500 feet southwest of the intersection with Bethelview Road and on the southwest side of Bethelview Road approximately 650 feet northwest of the intersection with Castleberry Road. This property is located in Commission District #3.

30. McGinnis Ferry, LLC ZA #2959 Rezone from A1 to
NS
4.998 Acres
Conforms
Location: Approximately 9.5 miles south of Cumming on the north side of McGinnis Ferry Road approximately 2200 feet west of the intersection with Kemp Road. This property is located in Commission District #2.

31. Harold Reid ZA #2960 Rezone from A1 to
HB
2.00 Acres
Conforms
Location: Approximately 3.75 miles southwest of Cumming within the rights-of-way of Shiloh Road and Majors Road approximately 500 feet south of the intersection with Atlanta Highway (SR 9). This property is located in Commission District #3.

32. Everett Bettis ZA #2961 Rezone from A1 to
HB
3.39 Acres
Does Not Conform
Location: Approximately 5.5 miles southwest of Cumming in the northeast corner of the intersection of Atlanta Highway (SR 9) and Bettis Road. This property is located in Commission District #3.

33. Everett Bettis ZA #2962 Rezone from A1 to
CBD
0.66 Acres
Does Not Conform
Location: Approximately 5.5 miles southwest of Cumming on the south side of Atlanta Highway (SR 9) approximately 1050 feet east of the intersection with Post Road and Mullinax Road. This property is located in Commission District #3.






34. Lois Garner ZA #2963 Rezone from A1 to
CBD
3.592 Acres
Does Not Conform
Location: Approximately 4.5 miles north of Cumming in the northeast corner of the intersection of Hubert Martin Road and Matt Highway (SR 369). This property is located in Commission District #4.

35. James A. Otwell, III ZA #2964 Rezone from A1 to
CBD
15.318 Acres
Conforms
Location: Approximately 5.5 miles northeast of Cumming on the northeast side of Browns Bridge Road (SR 369) approximately 700 feet northwest of the intersection with Keith Bridge Road (SR 306). This property is located in Commission District #4.

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Cumming GA 30040
FORSYTH COUNTY GOVERNMENTPhone: 770-781-2101
Fax: 770-781-2199