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Forsyth County agrees to settle case pending in Superior Court

News September 5, 2021 , by

FORSYTH COUNTY, Ga. – The Board of Commissioners Thursday approved a settlement in a civil action pending in Forsyth County Superior Court that paves the way for the construction of a residential subdivision of 130 units on South Clement Drive near Hwy. 141.

The litigation entitled Alex C. Kliros vs. Tom Brown et. Seq. was originally presented to Forsyth County for a Res 3 designation of 189 units on 90.37 acres. The agreement calls for a change to Res 2 designation and a reduction in the number of units to a maximum of 130. Other compromises reached include the movement of the amenity package from South Clement to the interior of the development, the application of Forsyth County architectural standards, donation to the adjacent Creekstone for the construction of a subdivision monument and covenants that provide for the maintenance of the South Clement roundabout.

Following the reading of the proposed agreement by County Attorney Ken Jarrard, the Board held a public hearing and approved the settlement by a vote of 4-0 with Commissioner Molly Cooper being absent.

In other public hearings, the Board:

  • Held the first of two public hearing on amendments to the alcohol ordinance regarding delivery of alcohol, package alcohol, mixed drinks to go, manufacturing and production and sales limits and renewal of conditional licenses;
  • Approved a request by Nelson and Jennifer Lafayette (The Peachtree Development Group) for an amendment of zoning conditions and variance of UDC table 11.2 to reduce a rear setback;
  • Approved a request by Doman Realty, Inc. to amend zoning conditions on ZA 3998 to change from single-story 3,000 square foot homes to 2,600 single-story homes;
  • Postponed a request by Jeffrey and Dawn Johnson for a reduction in a rear setback from 20 feet to 7.5 feet;
  • Approved a variance by Vickery Land Co., LLC (Tracey L. Varrone) of a zoning condition to include a private school special education facility;
  • Approved an amendment to the UDC relating to timber harvesting;
  • Postponed a public hearing on proposed amendments to Chapter 20b related to Specialty Districts within the Unified Development Code.

Under Old Business, the Board:

  • Approved RJJ Development request to rezone 20.3 acres from NS, A1 and Res 3 to Res 1 for 27 lots on 20.43 acres northwest of Heardsville Road;
  • Approved JKN Ventures, LLC  request to build a 5,390 sq. ft. minor automobile service establishment with 18 parking spaces on 2.17 acres currently zoned Commercial Business District;
  • Approved Jonathan Gonzalez request for a zoning amendment to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Commercial Business District (CBD) with a Conditional Use Permit (CUP) for an open air business on 2 acres associated with an existing 1,036 sq. ft. building with 8 parking spaces with the following variances to: 1.) Reduce the front setback from 40 ft. to 24 ft. (UDC Table 12.2); 2.) Reduce the front landscape strip from 20 ft. to 10 ft. (UDC 21-6.5(A)(1)); and, 3.) Reduce the required number of parking spaces from 75 to 8 (UDC Table 17.1) – Parcel 017-055 – District 3 – Director, Department of Planning and Community Development;
  • Approved Georgia Sports Arena, LLC request to rezone from Neighborhood Shopping District (NS), Single Family Residential District (R1) and Commercial Business District (CBD) to Commercial Business District (CBD) on 13.92 acres for an office, retail trade establishment, a 6,000 sq. ft. restaurant and a 55,600 sq. ft. indoor commercial recreational facility with a Conditional Use Permit (CUP) for outdoor commercial athletic fields with 315 parking spaces with the following variance to: 1.) Reduce the exterior buffer adjacent to outlots 1-4 from 40 ft. to 0 ft. (UDC 16-4.6(C)) – Parcels 130-049, 130-050, 130-052, and 130-068.

Under New Business, the Board denied a request by Apparao Chithaluri for a Public Hearing regarding an appeal of the Zoning Board of Appeals’ (ZBA) decision to deny a variance on VA210047 (Apparao Chithaluri).

 

Georgia Sports Arena is back on BOC agenda Thursday

News September 1, 2021 , by

FORSYTH COUNTY, Ga. – A rezoning request for a major new sports complex will return to the agenda Thursday when the Board of Commissioners meets Thursday at 5 p.m. in the County Administration Building, 110 East Main Street in Cumming.

Georgia Sports Arena, LLC – ZA4012 has requested 13.92 acres near the intersection of Valley Circle Road and Atlanta Highway be rezoned from Neighborhood Shopping District (NS), Single Family Residential District (R1) and Commercial Business District (CBD) to Commercial Business District (CBD). The purpose of the request is to accommodate an office, retail trade establishment, a 6,000 sq. ft. restaurant and a 55,600 sq. ft. indoor commercial recreational facility with a Conditional Use Permit (CUP) for outdoor commercial athletic fields with 315 parking spaces. Developer is requesting the following variance: An exterior buffer adjacent to outlots 1-4 from 40 ft. to 0 ft. The agenda item was postponed from the August 19 meeting.

Several public hearings will be held, including:

  • A request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Amin Industries LLC dba Goodlife Liquor located at 6075 Post Road, Suite 100 – Named Licensee is Parth Amin;
  • A request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Golden Liquor LLC dba Blue Glass Liquor and Wine located at 6015 Post Road, Suite C. – Named Licensee is Akshaykumar Patel;
  • Amendments to the Alcohol Ordinance, otherwise known as Forsyth County Ordinance 68, to include allowances for delivery of alcohol, to-go packaged alcohol, mixed drinks to-go, manufacturer increased production and sales limits, renewal of conditional license; and, to repeal conflicting Ordinances;
  • A request for an Amendment of Zoning Conditions on ZA2339 (The Peachtree Development Group, Inc.) by Nelson and Jennifer Lafayette and a variance to UDC Table 11.2(a);
  • A request for an Amendment of Zoning Conditions on ZA3998 (Domain Realty, Inc.) by Domain Realty, Inc.;
  • A request for an Amendment of Zoning Conditions on ZA3708 (WDW, LLC) by Jeffrey and Dawn Johnson – Parcel 016-302 – AZ210034;
  • A request for an Amendment of Zoning Conditions on ZA2431 (Vickery Land Co., LLC) by Tracey L. Varrone ;
  • Amendments to Chapter 20b related to Specialty Districts within the Unified Development Code of Forsyth County;
  • A settlement agreement between Alex C. Kliros, et. seq, v. Tom Brown, et. seq. 19CV1553-2, a civil action pending in the Forsyth County Superior Court, that will settle claims between the parties and otherwise impose zoning and land use-based entitlements, variances, restrictions, and other obligations on the parties and on 90.37 acres located near State Route 141 and South Clement Road, otherwise referred to as Forsyth County tax parcels 110-010, 110-011, and 110-012;
  • Proposed changes to the Forsyth County Record Retention Schedules to update based on most-current schedules.

Under Old Business, the Board will discuss:

  • A RJJ Development LLC request to rezone from Single Family Residential District (RES3), Neighborhood Shopping District (NS) and Agricultural District (A1) to Single Family Residential District (RES3) on 20.481 acres for 27 residential lots with a density of 1.32 units per acre – Parcel 009-188;
  • JKN Ventures, LLC – CP210009 request to build a 5,390 sq. ft. minor automobile service establishment with 18 parking spaces on 2.17 acres currently zoned Commercial Business District (CBD) with the following variance to: 1.) Reduce the landscape strip along the side lot line from 10 ft. to 0 ft. (UDC 12-10.15)(UDC 21-6.5(A)(2)) – Parcel 018-210;
  • Jonathan Gonzalez – ZA4007 – request to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Commercial Business District (CBD) with a Conditional Use Permit (CUP) for an open air business on 2 acres associated with an existing 1,036 sq. ft. building with 8 parking spaces with the following variances to: 1.) Reduce the front setback from 40 ft. to 24 ft. (UDC Table 12.2); 2.) Reduce the front landscape strip from 20 ft. to 10 ft. (UDC 21-6.5(A)(1)); and, 3.) Reduce the required number of parking spaces from 75 to 8 (UDC Table 17.1) – Parcel 017-055;

Under New Business the Board will discuss a request by Apparao Chithaluri for a Public Hearing regarding an appeal of the Zoning Board of Appeals’ (ZBA) decision to deny a variance on VA210047.

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