Breaking News
?>
Forsyth
Home / Hindu Center of Atlanta

Board of Commissioners delays decision on Hindu Center of Atlanta

News September 19, 2021 , by

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.

 

 

 

 

 

 

 

 

Board of Commissioners to consider revocation of Hindu Center permit in Tuesday work session

Featured Stories July 12, 2021 , by

Commissioner Todd Levent

FORSYTH COUNTY, Ga. – The Board of Commissioners will consider revocation of the conditional use permit (CUP) for the Hindu Center of Atlanta, Inc. when it meets in a work session Tuesday (July 13) at 2 p.m. in the County Administration Building 110 E. Main Street in Cumming.

“After 18 months, if they don’t do anything with the zoning, it automatically comes back before the Board for reconsideration,” said County Commissioner Todd Levent.

The proposed 10,000 square foot worship center has been the subject of numerous complaints. “Neighbors have complained multiple times about code violations like cutting down trees near a pond and for playing loud, amplified music.”

Other agenda items the Board will consider include:

  • A list of items to be declared as surplus with authorization for the Department of Procurement to dispose of accordingly;
  • Sports lighting replacement with Musco Lighting in the amount of $1,268,000.00;
  • Approval to award Bid 21-89-3150 for the resurfacing of various Forsyth County roads for the Department of Engineering to Blount Construction Company, Inc. in the amount of $5,498,726.75;
  • Approval to award Bid 21-97-5211 to make repairs to the Big Creek Greenway Phase 4 from Bethelview Trailhead to Kelly Mill. Staff Recommendation: award to Steele & Associates, Inc. in the amount of $99,981.00 with a $25,000 contingency for a total amount of $124,981.00;
  • Approval to award RFP 21-62-1630 to update the Comprehensive Plan for the Department of Planning and Community Development; Department Budget. Staff Recommendation: award to Blue Cypress Consulting in the amount of $178,892.00;
  • Approval of a Task Order with Precision Planning, Inc. for design of waterlines on Thunder River Way.Staff Recommendation: approve the Task Order with Precision Planning in the amount of $71,950.00;
  • Approval of a Water Utility Easement Agreement for Fire Station #11 located at 4655 Pittman Road. Staff requests this Item be considered on a “Time Sensitive” basis;
  • Approval of a Georgia Power Electrical Service Agreement for the Juvenile Justice Center. The installation cost is $103,246.31, which will yield the lowest usage fee rate;
  • Approval of a Georgia Power Easement Agreement for the new Juvenile Justice Center underground electrical service loop to provide electricity to the new facility;
  • Approval of a Georgia Power Illumination Agreement for the new Juvenile Justice Center site’s lighting of driveways and parking areas. The installation cost is $59,500 and is included under the project budget;
  • Approval of two private cul-de-sac streets in Spring Creek at Mathis Parkway, a new subdivision;
  • Approval to increase the salary of the Forsyth County Chief Magistrate to $142,014 in parity with the current salary of the Forsyth County Probate Judge;
  • Direction regarding the invitation from the Department of Housing and Urban Development (HUD) to accept or defer Entitlement Funding; the County is eligible for up to $909,900 over the next two years;
  • Possible direction regarding the 2020 Impact Fee Annual Update draft with authorization to advertise for a Public Hearing to occur on August 19, 2021;
  • Authorization for the Sheriff’s Office to apply for the FY2021 Edward Byrne Memorial Justice Assistance Grant in the amount of $12,293 with no match required with authorization for the Chair to sign associated required documents;
  • Possible direction regarding amendments to the Unified Development Code related to Dumpsters in Residential Districts within Chapters 3, 10, 11, 16, and 21;
  • Possible direction regarding amendments to the Unified Development Code related to signage for open storage yards;
  • Possible direction regarding amendments to allow commercial storage within existing Agricultural Buildings on A1 property within the Unified Development Code of Forsyth County;
  • (20) Board consideration and possible direction regarding a County-Initiated rezoning from RES3 to A1 for three single family homes on 3.303 acres;
  • Approval of the Agreement with Georgia Transmission Corporation regarding the Cumming-McGrau 230kV Transmission Line for the SR 369 Widening and SR 369/SR 400 Interchange – PI 0013369 and 0013165;
  • (22) Board consideration and approval of the Agreement with Georgia Transmission Corporation regarding the Dawson Crossing-Hammond Crossing 115kV Transmission Line for the SR 369 Widening and SR 369/SR 400 Interchange – PI 0013369 and 0013165;
  • Amended Utility Relocation Agreement with the City of Cumming in connection with the SR 369 Widening and Interchange Projects in the amount of $1,288,410.64;
  • An Intergovernmental Agreement with the City of Cumming regarding the provision of municipal election services;
  • A Settlement Agreement and Release between Keller North America Inc. f/k/a Hayward Baker, Inc. and Forsyth County involving remediation, enhancement, and aesthetic upgrade of the Flynn Wall.

Following an executive session, the Board will give consideration to the approval of a Settlement Agreement with Tri Scapes, Inc. related to the Trammel Road Sidewalk Project.

Back to Top