1/23/2007 - Planning Commission Regular Meeting/Public Hearings

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Phone: 770.781.2115
Fax: 770.781.2197
FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING AGENDA
January 23, 2007 @ 6:30 P.M.
COMMISSIONERS MEETING ROOM
*DRAFT AS OF JANUARY 23, 2007*

I. CALL MEETING TO ORDER AND PLEDGE OF ALLEGIANCE

II. REVIEW OF MEETING PROCEDURES

III. ADOPT OR AMEND MINUTES OF THE DECEMBER 19, 2006 REGULAR MEETING AND THE JANUARY 16, 2007 WORK SESSION MINUTES.

IV. ANNOUNCEMENTS:

1. The Planning Commission is postponing CUP#06-0009 (Joe and Ann Beach) until the February 27, 2007 meeting due to the public notification sign not being posted.

2. The Planning Commission is postponing CUP#06-0010 (Dewey C. White) until the February 27, 2007 meeting due to the applicant not being complete.

3. At the March 28, 2006 meeting the Planning Commission tabled ZA #3158 (JB Development) until further notice from the ownerís attorney.

4. The Planning Commission is postponing ZA #3195 (Pope & Land Enterprises, Inc.) until the February 27, 2007 meeting due to the public notification sign not being posted.

5. The applicant of ZA #3279 (Somerset Development) has requested a postponement until the February 27, 2007 meeting.

6. The applicant of ZA #3296 (James A. Otwell, III) has requested a postponement until the February 27, 2007 meeting.

7. The applicant of ZA #3302 (Pope & Land Enterprises, Inc.) has requested a postponement until the February 27, 2007 meeting.

8. The applicant of ZA #3307 (New Millennium Properties, LLC) has requested a postponement until the February 27, 2007 meeting.

9. The Planning Commission is postponing ZA #3312 (Joseph E. Stauffer) until the February 27, 2007 meeting due to the Public Participation Report and the title report not having been filed.

10. The applicant of ZA #3318 (Tripple R. Realty & Investments, Inc.) has requested a postponement until the February 27, 2007 meeting.

11. The applicant of ZA #3344 (Kelley Bridge, LLC) has requested a postponement until the February 27, 2007 meeting.

12. The Planning Commission is postponing ZA #3346 (Maplewood Development) until the February 27, 2007 meeting due to the revised site plan not being timely filed.

13. The Planning Commission is postponing ZA #3347 (Capital Communities, LLC) until the February 27, 2007 meeting due to the title report not having been filed.

14. The applicant of ZA #3353 (Thomas D. Sims, Jr.) has requested a postponement until the February 27, 2007 meeting.

15. The Planning Commission is postponing ZA #3355 (Ken Palazzo) until the February 27, 2007 meeting due to the revised site plan not having been timely filed.

16. The applicant of ZA #3356 (Charles and Marjorie Mann Charitable Foundation, Inc.) has requested a postponement until the June 29, 2007 meeting.

17. The Planning Commission is postponing ZA #3359 (Hardline Development) until the February 27, 2007 meeting due to the Public Participation Report not having been filed.

18. The Planning Commission is postponing ZA #3363 (Signature Properties Development, Inc.) until the February 27, 2007 meeting due to the title report not having been filed.

19. The Planning Commission is postponing ZA #3364 (Yellow Creek Investments, LLC) until the February 27, 2007 meeting due to the title report not having been filed.

20. The Planning Commission is postponing ZA #3365 (American Proteins) until the February 27, 2007 meeting due the staff needing additional information.

V. OLD BUSINESS

1. Maurice Hanson ZA #3348
Rezone from A1 to Res3 on 8.02 acres
Location: Approximately 2.5 miles west of Cumming on the west side of Piney Grove Road approximately 1,575 feet north of the intersection with Castleberry Road. This property is located in the Commission District #3.
DECISION ONLY

VI. NEW BUSINESS

1. Proposed changes to the Unified Development Code
2. Election of Officers
3. Adoption of tentative calendar for 2007

VII. PUBLIC HEARINGS FOR HOME OCCUPATION PERMITS

1. Robin R. Garrett H #06-0003
Applicant proposes a beauty salon on property currently zoned a Single Family Residential Restricted District (R2R).
Location: Approximately 7 miles west of Cumming on Lot 75 of Hamptonís Grant Subdivision, 5035 Hamptonís Club Drive. Residence located approximately 250 feet north of the intersection with Johnís Court. This property is located in Commission District #3.


2. A Horse of Course Gourmet, LLC H #06-0005
d/b/a PetaFour Bakery & Boutique
Applicant proposes a business which will prepare package and ship handmade horse and dog treats with novelty gifts on property currently zoned an Agricultural District (A1).
Location: Approximately 6 miles northwest of Cumming on the north side of Pollys Bluff approximately 2,230 feet northwest of the intersection with Dr. Bramblett Road. This property is located in Commission District #4.

3. Tammy Martin
H #06-0006
Applicant proposes a business for a hair salon on property currently zoned an Agricultural District (A1).
Location: Approximately 6 miles west of Cumming on the west side of John Orr Drive approximately 2,100 feet south of the intersection with Bentley Road. This property is located in Commission District #3.

VIII. PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS

1. Joe and Ann Beach C #06-0009
Applicant proposes a dog kennel on 1.08 acres on property currently zoned as a Restricted Industrial District (M1).
Location: Approximately 8 miles southwest of Cumming on the south side of James Road approximately 1,100 feet west of the intersection with Union Hill Road. This property is located in Commission District #3.

2. Dewey C. White C #06-0010
Applicant proposes an assisted living facility or a continuing care retirement community on 59.45 acres on property currently zoned as a Commercial Business District (CBD) and an Office and Institutional District (O&I).
Location: Approximately 10 miles south of Cumming on the west side of Peachtree Parkway (S.R. 141) approximately 1,700 feet south of the intersection with Laurel Springs Parkway. This property is located in Commission District #2.

IX. PUBLIC HEARINGS FOR SKETCH PLATS
NONE

X. PUBLIC HEARINGS FOR REZONINGS

1. JB Development, LLC ZA #3158
Rezone from A1 to RES2 with a variance to the sewer requirements on 20.73 acres
Location: Approximately 8.4 miles southwest of Cumming on the south side of Old Alpharetta Road approximately 725 feet west from the intersection with Caney Road. This property is located in the Commission District #2.

2. Pope & Land Enterprises, Inc. ZA #3195
Rezone from A1 to RES6 with a variance to the setback requirements, a variance to the buffer requirements and a variance to the open space requirements on 50.92 acres
Location: Approximately 4 miles northeast of Cumming on the south side of Keith Bridge Road (S.R. 306) in the southwest corner of Keith Bridge Road (S.R. 306) and GA Hwy. 400. This property is located in the Commission District #1.

3. Somerset Development Company, LLC ZA #3279
Rezone from Res2 to Res3 on 32.05 acres
Location: Approximately 8 miles northwest of Cumming on the east side of Seabolt Drive approximately 280 feet southeast of the intersection with Matt Highway (S.R. 369). This property is located in the Commission District #4.

4. James A. Otwell, III ZA #3296
Rezone from A1/CBD to MPD on 32.01 acres
Location: Approximately 5 miles northeast of Cumming on the north side of Browns Bridge Road approximately 600 feet northwest of the intersection with Keith Bridge Road. This property is located in the Commission District #4.

5. Mt. Paran Properties, Inc. ZA #3297
Rezone from A1 to Res6 on 21.02 acres
Location: Approximately 5 miles southeast of Cumming on the northeast side of Buford Highway (S.R. 20) at the intersection with Samples Road. This property is located in the Commission District #5.

6. Pope & Land Enterprises, Inc. ZA #3302
Rezone from A1 to CBD on 12.298 acres
Location: Approximately 3 miles northeast of Cumming on the south side of Keith Bridge Road, in the southeast corner of the intersection with GA 400. This property is located in the Commission District #1.

7. New Millennium Properties, LLC ZA #3307
Rezone from A1 to Res3 with a variance to the setback requirements on 106.30 acres
Location: Approximately 3 miles south of Cumming on the north side of Daves Creek Drive approximately 825 feet east of the intersection with Old Atlanta Road and on the west side of Vicki Lane in the northwest corner with Daves Creek Drive. This property is located in the Commission District #1.

8. Joseph E. Stauffer ZA #3312
Rezone from A1 to CBD on 7.4465 acres
Location: Approximately 5 miles northwest of Cumming on the west side of Hurt Bridge Road approximately 900 feet south of the intersection with Watson Road. This property is located in the Commission District #1.

9. Tripple R. Realty & Investments, Inc. ZA #3318
Rezone from A1 to Res4 on 18.715 acres
Location: Approximately 3 miles west of Cumming on the west side of Johnson Road approximately 300 feet north of the intersection with Kelly Mill Road. This property is located in the Commission District #3.

10. Ruby Forrest, Inc. ZA #3325
Rezone from A1 to Res3 on 74.22 acres
Location: Approximately 6.5 miles north of Cumming on the east side of Dahlonega Highway (S.R. 9) approximately 250 feet south of the intersection with Oak Grove Circle. This property is located in the Commission District #4.

11. Kelley Bridge, LLC ZA #3344
Rezone from A1 to NS with a variance to the square footage requirements on 3.020 acres
Location: Approximately 10 miles northeast of Cumming on the west side of Jot-Em-Down Road and on the east side of Cross Roads Road, at the intersection of said roads. This property is located in the Commission District #4.

12. Maplewood Development, LLC ZA #3346
Rezone from A1 to Res2 on 3.65 acres
Location: Approximately 11 miles northeast of Cumming on the northwest side of Crystal Cove Trail approximately 200 feet northeast of the intersection with Knight Road. This property is located in the Commission District #4.

13. Capital Communities, LLC ZA #3347
Rezone from A1 to Res3 on 11.31 acres
Location: Approximately 4 miles west of Cumming on the north side of Drew Road approximately 250 feet east of the intersection with Doubletree Court. This property is located in the Commission District #3.

14. Thomas D. Sims, Jr. ZA #3353
Rezone from Res1 to CBD on 3.28 acres
Location: Approximately 5 miles northeast of Cumming in the northeast corner of the intersection of Matt Highway (S.R. 369) and Coal Mountain Drive. This property is located in the Commission District #1.

15. Ken Palazzo ZA #3355
Rezone from R1 to NS with a variance to the lot size requirements on 0.43 acres
Location: Approximately 0.5 miles north of Cumming on the west side of Canton Highway (S.R. 20) approximately 350 feet north of the intersection with Greenwood Acres Drive. This property is located in the Commission District #1.

16. Charles & Marjorie Mann Charitable ZA #3356
Foundation, Inc.
Rezone from CBD to CBD with a Conditional Use Permit for a Continuing Care Retirement Community on 14.381 acres
Location: Approximately 1 mile west of Cumming on the north side of Drew Road approximately 250 feet east of the intersection with Doubletree Court. This property is located in the Commission District #3.

17. Mt. Paran Properties, Inc. ZA #3357
Rezone from A1 to CBD on 7.18 acres
Location: Approximately 3 miles southeast of Cumming on the north side of Buford Highway (S.R. 20) east, approximately 300 feet northwest of the intersection with Samples Road and on the west side of Samples Road approximately 400 feet northeast of the intersection with Buford Highway (S.R. 20) east. This property is located in the Commission District #5.

18. Yost Communities, Inc. ZA #3358
Rezone from A1 to Res6 on 15.05 acres
Location: Approximately 6 miles northeast of Cumming on the east side of Dahlonega Highway (S.R. 9) across from the intersection with Smith Lane. This property is located in the Commission District #1.

19. Hardline Development ZA #3359
Rezone from A1 to Res4 on 10.859 acres
Location: Approximately 3 miles west of Cumming on the south side of Kelly Mill Road approximately 1,100 feet east of the intersection with Pittman Road. This property is located in the Commission District #3.

20. T.W. Phillips ZA #3360
Rezone from A1 to Res2 on 22.83 acres
Location: Approximately 9 miles north of Cumming on the east side of Jewell Bennett Road approximately 2,110 feet south of the intersection with A.C. Smith Road. This property is located in the Commission District #4.

21. ISI Commercial, LLC ZA #3361
Rezone from A1 to Res3 on 40.54 acres
Location: Approximately 8 miles northwest of Cumming on the east side of Franklin Goldmine Road approximately 1,900 feet northwest of the intersection with Heardsville Road. This property is located in the Commission District #1.


22. Sharp Residential, LLC ZA #3362
Rezone from A1 to Res3 on 14.30 acres
Location: Approximately 7 miles north of Cumming on the south side of Wallace Tatum Road approximately 1,800 feet west of the intersection with Matt Highway (S.R. 369). This property is located in the Commission District #4.

23. Signature Properties Development, Inc. ZA #3363
Rezone from A1 to Res2 on 11.03 acres
Location: Approximately 8 miles northeast of Cumming in the northeast corner of the intersections of Picklesimer Drive and Noah Road. This property is located in the Commission District #4.

24. Yellow Creek Investments, LLC ZA #3364
Rezone from A1 to Res3 with a variance to the setback requirements on 55.22 acres
Location: Approximately 6.5 miles northwest of Cumming on the east side of Heardsville Road approximately 600 feet north of the intersection with Watson Road and on the north side of Watson Road, approximately 500 feet east of the intersection with Heardsville Road. This property is located in the Commission District #1.

25. American Proteins ZA #3365
Rezone from A1 to CBD on 1.748 acres
Location: Approximately 8 miles northeast of Cumming on the west side of Keith Bridge Road (S.R. 306) approximately 600 feet southwest of the intersection with Leland Drive. This property is located in the Commission District #4.

26. Paradise Development Group ZA #3367
Rezone from NS/CBD/A1 to CBD with a variance to the setback requirements, a variance to the parking requirements and a variance to the buffer requirements on 1.458 acres
Location: Approximately 6 miles northeast of Cumming in the southeast corner of the intersection of Browns Bridge Road (S.R. 369) and Keith Bridge Road (S.R. 306). This property is located in the Commission District #5.

VIII. ADJOURNMENT

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