Board of Commissioners delays decision on Hindu Center of Atlanta

FORSYTH COUNTY, Ga. – The Board of Commissioners voted to postpone a proposal to revoke a request by the Hindu Center of Atlanta for a Conditional Use Permit (CUP) to construct a worship center and priest’s residence on 6.85 acres located at Kelly Mill Road until Oct. 7.

As an alternative to revocation, the Board proposed adding more than 20 restrictive conditions. But attorney Ethan Underwood said neither he nor his client had been made aware of the proposed conditions prior to the meeting. He also said his client had not received a citation although he acknowledged the client had been issued a warning for occupying a building that “suspiciously” burned to the ground without a certificate of occupancy.

Fire Chief Barry Head and Investigator and Scott Anderson said the fire was not suspicious but was the result of an overhead electrical failure. Several people who live near the property said they had called numerous times to complain about noise and lighting but never received a response.

Commissioners agreed to move the agenda item until later in the meeting to give Underwood time to review the proposed conditions. He returned near the end of the meeting to state his client could not agree to several conditions and commissioners then voted to postpone the hearing for two weeks.

In other decisions, the Board:

• Voted unanimously to revoke an existing CUP in accordance with UDC Section 8-5.5(I) – Parcel 043-077;
• Approved an Alternate Design for McFarland Road Associates, LLC and a variance to UDC 21-6.5 and to rezone from Commercial Business District (CBD) and Restricted Industrial District (M1) to Commercial Business District (CBD) on 17.582 acres with a Conditional Use Permit (CUP) for a 44,050 sq. ft. expansion of a Mercedes vehicle sales dealership in addition to existing buildings totaling 81,231 sq. ft. with 397 parking spaces with four;
• Approved a Sketch Plat for KC Property Holdings LLC and variances to UDC 18-11.2(A), UDC 18-11.2(B), UDC Table 14.2, UDC Table 21.6, UDC 21-6.5(A)(2), UDC 21-6.5(D)(1), and UDC 14-4.13;
• Approved amendments to the Alcohol Ordinance to include allowances for delivery of alcohol, to-go packaged alcohol, mixed drinks to-go, manufacture increased production and sales limits, renewal of conditional license and to repeal conflicting Ordinances.

Under Old Business, the Board approved WP South Acquisitions, L.L.C. to rezone from Multi Family Residential District (RES6) and Commercial Business District (CBD) to Master Planned District (MPD) on 51.72 acres for 310 attached residential units with a density of 6 units per acre and commercial buildings totaling 39,100 sq. ft. with 172 parking spaces with variances.

Under New Business, the Board:

• Approved Matt Sosebee’s request to rezone from Agricultural District (A1) and Neighborhood Shopping District (NS) to Agricultural District (A1) with a Conditional Use Permit (CUP) for an open storage yard with 276 parking spaces on 9.673 acres with the following variances to reduce the zoning buffer adjacent to tax map/parcels 291-028 and 291-173 from 25 ft. to 0 ft. (UDC Table 15.2); and the zoning buffer adjacent to tax map/parcel 291-027 from 25 ft. to 0 ft. (UDC Table 15.2) – Parcels 291-025 and 291-045;
• Approved a request by Nitsye LLC to rezone from Agricultural District (A1) to Commercial Business District (CBD) on 1.719 acres for an 8,732 sq. ft. r retail/office/veterinary clinic without outdoor facilities with 35 parking spaces with a variance to eliminate the 5,000 ft. sewer distance requirement to facilitate the use of an on-site septic disposal system (UDC 18-5.18) – Parcel 202-016;
• Approved sending a County-Initiated Conditional Use Permit (CUP) for agritourism – Parcels 221-705, 221-754, 221-535, and 221-777 to a future public hearing;
• Approved sending a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm to a future public hearing;
• Approved an amendment to the Accountability Court Defender Agreement to become effective Oct. 1;
• Approved an agreement regarding Exchange of Right-of-Way or Interests in Land between Forsyth County and Brookview, LLC and associated Quit Claim Deed.

The Board also conducted an Administrative Hearing during which it issued a warning to VL Business, Inc. and named licensee Vasudev Patel for a violation of the alcohol ordinance.