Board of Commissioners holds public hearing on four new subdivisions

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FORSYTH COUNTY, Ga. — The Board of Commissioners will consider requests from developers to rezone property for four new subdivisions when it meets Thursday at 5 p.m. in the County Administration Building in Cumming.

Toll Brothers, Inc. ZA 4037 is a request to rezone115.253 acres for  128 residential lots and ZA 049 is a request to build 60 residential lots on 48.616 acres.

Century Communities of Georgia has requested rezoning on 88.45 acres for 105 residential lots and MKW Capital. LLC has applied for rezoning to accommodate building 92 lots on 104.3 acres.

In other public hearings, the Board will consider:

  • Approval of an Alternate Design for KFCRE, LLC and variances to UDC 12-13.13(A) and UDC 21-8.6(A)(5) – Parcel 108-075 – AD220003;
  • A request for an Amendment of Zoning Conditions on ZA2699 (Aaron J. Land) by Chris Cowart Properties, LLC with  variances;
  • Approval of a Sketch Plat for Sri Rama Temple – Parcel 131-026 – SP210014;
  • A County-Initiated request to rezone from Single Family Community Residential District (CR1) to Single Family Residential District (RES2) Conservation Subdivision on 36.6895 acres – Parcel 081-666 – ZA4042;
  • An Alternate Design for Gail Cain – Parcel 229-009 – AD220002;
  • County-Initiated request to rezone from Multi-Family Residential District (R3) and Lake Residential District (LR) to Agricultural District (A1) – Parcel 307-079 – ZA4063.

X. Old Business

  • MKW Capital, LLC – ZA3862 – to rezone from Agricultural District (A1), Single Family Community Residential District (CR1), and Single Family Residential Restricted District (R2R) to Single Family Residential District (RES2) Conservation Subdivision on 104.31 acres for 92 residential lots with a density of .89 units per acre with variances;
  • A request for an Amendment of Zoning Conditions on ZA2251 (Lakeview Developers, LLC) by Randy L. Kauk – Parcel 273-027 – AZ220007;

XI. New Business

  • KFCRE, LLC – CP210045 – to build an 18,600 sq. ft. expansion of a new vehicle sales dealership with 252 parking spaces in addition to an existing building totaling 30,213 sq. ft. with 224 parking spaces on 6.60 acres currently zoned Commercial Business District (CBD) with variances Parcel 108-075;
  • Doggo Fresh Dog Spa LLC – CP220003 – to operate a 1,750 sq. ft. miscellaneous service establishment (pet grooming) in an existing building with 10 parking spaces on 0.94 acres currently zoned Commercial Business District (CBD) – Parcel 065-023;
  • Maltese Family Holdings, LLLP – CP210036 – to operate a 4,028 sq. ft. used vehicle sales dealership with 8 parking spaces on 1.77 acres currently zoned Highway Business District (HB) with variances to: 1.) Reduce the setback for parked, stored, or displayed vehicles. Parcel 042-316 – District 3;
  • Surya Realty LLC – ZA4034 – to rezone from Agricultural District (A1) to Single Family Residential District (RES3) on 18.30 acres for 26 residential lots with a density of 1.42 units per acre with the following variance to: 1.) Reduce the exterior buffer along the southern and western property boundaries from 25 ft. to 0 ft. (UDC Table 11.2(b)) – Parcels 102-005, 102-075, 102-119, 102-076, and, 102-062;
  • Toll Brothers, Inc. – ZA4049 – to rezone from Agricultural District (A1) to Single Family Residential District (RES2) on 48.616 acres for 60 residential lots with a density of 1.24 units per acre with variances. Parcels 014-300, 014-017, and 014-014;
  • Sreekanth Rao Uppala – CP210043 – to operate a short-term rental in an existing 3,545 sq. ft. house for 8 overnight guests with 5 parking spaces on 20.271 acres currently zoned Agricultural District (A1) – Parcel 145-029;
  • Century Communities of Georgia, LLC – ZA4001 – to rezone from Agricultural District (A1) to Single Family Residential District (RES2) Conservation Subdivision on 88.45 acres for 105 residential lots with a density of 1.19 units per acre with variances. Parcel 211-029;
  • Toll Brothers, Inc. – ZA4037 – to rezone from Agricultural District (A1) and Single Family Residential Restricted District (R1R) to Single Family Residential District (RES2) Conservation Subdivision on 115.253 acres for 128 residential lots with a density of 1.11 units per acre with variances. Parcels 145-073 and 145-021;
  • Gail Cain – CP210035 – to operate a 6,500 sq. ft. contractor’s establishment and manufacturing facility in an existing building with 6 parking spaces on 1.388 acres currently zoned Commercial Business District (CBD) with variances;
  • Kimberly Yates – ZA4041 – to rezone from Single Family Residential Restricted District (R2R) to Agricultural District (A1) on 9.99 acres with a Conditional Use Permit (CUP) to operate a short-term rental for 18 overnight guests in an existing 9,702 sq. ft. building with 20 parking spaces – Parcel 226-010;
  • Approval to award Bid 22-006-1620 to Crown Service Contractors in the amount of $94,552 to provide all labor, materials, and equipment for the renovation of approximately 800 sq. ft. of interior space in Suite 150 located in the Administration Building for the Department of Water and Sewer.

XII. Administrative Hearings

The Board will also hold an Administrative Hearing in reference to an appeal of a denial of an alcohol application to sell beer, wine and distilled spirits by the package for Anushka Corporation dba Liquor Locker located at 2350 Atlanta Highway.

92-lot subdivision on Board’s agenda Thursday

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FORSYTH COUNTY, Ga. —  MKW Capital, LLC will ask the Board of Commissioners to approve a plan to build a 92- lot residential subdivision on 104.31 acres on Environmental Campus Drive near the intersection of Bethelview Road when it meets Thursday at 5 p.m. in the County Administration Building in Cumming.

The applicant is requesting to rezone from Agricultural District (A1), Single Family Community Residential District (CR1) and Single Family Residential Restricted District (R2R) to Single Family Residential District (RES2) Conservation Subdivision.

MKW will also ask for five variances, including a reduction in a buffer and an exterior buffer and front and rear setbacks.

Public hearings scheduled:

  • The proposed abandonment of a portion of right-of-way identified as “Old Tribble Road” a/k/a “Era Road” identified right-of-way within Land Lot 944 of the 3rd District, 1st Section of Forsyth County;
  • The approval of a Sketch Plat for Forsyth County Board of Education – Parcel 192-185 – SP210012;
  • The County-Initiated request for an Amendment of Zoning Conditions on ZA1421 (Technology Park/Atlanta, Inc.) by Forsyth County Board of Commissioners – Parcel 140-072 – AZ220006;
  • The County-Initiated request for a Conditional Use Permit to conduct around the clock business hours in a 60,000 sq. ft. warehouse on 13.57 acres currently zoned Restricted Industrial District (M1) with the following variance to: 1.) Reduce the number of parking spaces from 60 to 50 spaces (UDC Table 17.1) – Parcel 140-072 – CP220008;
  • The request for an Amendment of Zoning Conditions on ZA2699 (Aaron J. Land) by Chris Cowart Properties, LLC on property located along Ga Hwy 400 – Parcel 063-057;
  • The approval of a Sketch Plat for Forsyth County Board of Education and a variance to UDC Table 17.1 – Parcel 039-063 – SP210013;
  • The County-Initiated request to rezone from Single Family Community Residential District (CR1) to Single Family Residential District (RES2) Conservation Subdivision on 36.6895 acres – Parcel 081-666 – ZA4042
  • The County-Initiated request for a variance to: 1.) Reduce the exterior setback from 50 ft. to 3 ft. (UDC Table 11.2(a)) – Parcel 071-067 – VA220022;
  • The approval of a Sketch Plat for Hudgens Properties, LLC – Parcel 271-016 – SP220001.

Old Business:

  • The request for an Amendment of Zoning Conditions on ZA3022 (Eastbrooke Properties LLC) by Aqua Design Pools & Spas, LLC and variances to UDC Table 11.2(b) and UDC 18-11.2(B) – Parcel 032-511 – AZ220001;
  • The request by Warehouse One-Cumming, L.L.C. – ZA4027 – to rezone from Single Family Residential District (R1) to Restricted Industrial District (M1) on 8.859 acres for an 8,000 sq. ft. office and a 50,000 sq. ft. office/warehouse with 137 parking spaces with the following variances to: 1.) Reduce the zoning buffer along the northern, eastern and western property boundaries from 60 ft. to 0 ft. (UDC Table 14.2); 2.) Increase the maximum number of parking spaces from 107 to 137 (UDC Table 17.1); and, 3.) Reduce the required number of loading spaces from 4 to 2 (UDC 17-3.3) – Parcels 099-255 and 099-014 – District 1 – Director, Department of Planning and Community Development
  • A request by Dinesh B. Thampi – CP210025 – to operate a kennel (dog breeding) in 750 sq. ft. of an existing 4,092 sq. ft. home with 3 parking spaces on 1.147 acres currently zoned Agricultural District;
  • A request by Toll Brothers, Inc. ZA4038 – to rezone from Agricultural District (A1) and Commercial Business District (CBD) to Single Family Residential District (RES2) on 33.663 acres for 35 residential lots with a density of 1.04 units per acre on Castleberry Road;
  • The request for an Amendment of Zoning Conditions on ZA2643 (THE RYLAND GROUP INC) by Vinod Pillai – Parcel 157-538 – AZ220003;
  1. New Business:
  • A request by Puja Rathore for a conditional use permit- CP210027 – to operate a 2,500 sq. ft. personal service establishment (tutoring) in an existing building with 9 parking spaces on 5.79 acres currently zoned Office and Institutional District (O&I);
  • A request by Nagesh Chilakapati – ZA4026 – to rezone from Agricultural District (A1) to Commercial Business District (CBD) on 4.9152 acres for commercial buildings totaling 32,400 sq. ft. with 130 parking spaces – Parcels 059-531, 059-004, 059-532, and 059-003;
  • A request by Rajesh Chennuru – ZA4036 – to rezone from Single Family Residential Restricted District (R2R) and Agricultural District (A1) to Single Family Residential District (RES3) on 2.793 acres for 5 residential lots with a density of 1.79 units per acre – Parcels 153-022, 153-038, and 153-023;
  • A request by United Family Homes, LLC – ZA4044 – to rezone from Single Family Residential District (RES3) to Single Family Residential District (RES2) on 5.72 acres for 4 residential lots with a density of .70 units per acre with the following variance to: 1.) Eliminate the 5,000 ft. sewer distance requirement to facilitate the use of an on-site septic disposal system (UDC 18-5.18) – Parcel 079-003.

Administrative Hearings:

  • The Board will hold an Administrative Hearing in reference to a violation of the Alcohol Ordinance for Robert J. Russell, III, Inc. dba Red Barn Package Store – Named Licensee is Robert J. Russell III – AL01211;

Forsyth County Planning Commission has busy agenda slated Tuesday

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FORSYTH COUNTY, Ga. – The Forsyth County Planning Commission will conduct its regular meeting Tuesday (Sept. 28) at 6:30 p.m. in the County Administration Building Suite 220, 110 East Main Street in Cumming.

The Commission is expected to consider for recommendation to the Board of Commissioners, the following agenda items:

  • Century Communities of Georgia, LLC has asked to rezone 88.45 acres (ZA 4001) from A1 to Conservative Subdivision for 112 residential lots with a density of 1.27 units per acre. The property is located at 6780 AC Smith Road in Dawsonville.
  • Taylor Morrison, LLC has requested that 78.80 acres (ZA 4016) be rezoned from A1 to Conservative Subdivision for 93 residential lots with a density of 1.18 units per acre. The property is located at 5780 Stevehaven Lane.
  • Toll Brothers, Inc. has requested to rezone 50.31 acres (ZA 4020) from A1 to Res 2 for 60 residential lots with a density of 1.2 units per acre. The property is located at 5520 Howard Road.
  • The Planning Commission is a recommending body only. They hold the only public hearing on zoning applications before recommending to the Board of Commissioners.
  • Other agenda items to be considered for recommendation during the regular meeting include:
  • ZA 4013 a OCS Enterprises, Inc. request to rezone 9.05 acres from CBD to M1 for warehouse storage building, high-end auto retail village and showroom with 83 parking spaces;
  • UDC modifications related to construction work hours;
  • UDC modifications related to small, one-story storage buildings without a permit;
  • CP 210008 CKM Holdings, LLC request to operate an open storage yard with existing accessory offices totaling 3,200 square feet with four parking spaces on 3.2 acres currently zoned CBD;
  • CP 210018 David Black request to conduct a round-the-clock fast-food restaurant with 33 parking spaces on .84 acres zoned CBD;
  • HP 21006, a request to operate an amphibian (frog) breeding kennel in a 1800-feet family home on .51 acres zoned R2R. Applicant has a Georgia Dept. of Agriculture breeders license and has applied for a Forsyth County business license;

 

 

 

Board of Commissioners grants variance for Taylor Morrison Hadley Estates homes

News

FORSYTH COUNTY, Ga. – In a three-hour Board of Commissioners meeting with 15-public hearings on the agenda, the Board of Commissioners spent 46 minutes Thursday discussing what to do about a one-inch discrepancy in the spacing of lap siding on eight homes in Hadley Estates.

Zoning condition 15a requires a maximum lap exposure of six inches. A contractor for the builder inadvertently built eight of the 85 homes in the subdivision with a seven inch exposure. Five of the homes received Certificates of Occupancy (COO) before the error was discovered. Three homes have been sold and are expected to close this month but do not have COOs.

In asking for a variance, the builder, Taylor Morrison of Ga., LLC, took responsibility for the error and explained it was due to a change in contractors during the construction of the homes.

“I’ve spoken to several commissioners already and explained that Taylor Morrison is responsible for all of this,” said Rick Carruthers, Division President for Taylor Morrison. “We’ve got three homeowners who are waiting within weeks to move into their homes. That is the time pressure we’re under to get this right.”

As a good faith gesture, Morrison agreed to upgrade to carriage doors on all homes that are still under construction. The Board unanimously approved the variance.

The Board also:

Approved an amendment of zoning conditions on ZA 3664 (Ridgeline Land Planning, Inc.) by Century Communities of Georgia, LLC;

Postponed a public hearing on a proposed amendment to zoning conditions on ZA 3807 by Nancy Bentley and rezoning from CBD and A1 to MPD;

Approved a request for an amendment of zoning conditions on ZA2541 (Eagle Land Group, Inc.) by Dena Niksich – Parcel 034-128 – 3960 Olde Cloister Cove, Cumming;

Approved a request for an amendment of zoning conditions on ZA 2505 (W. Perry Cash) by Thomas and Lauren Lewek and a variance to UDC Table 11.2(a) located at 2285 Gateview Court, Cumming;

Approved a request for an amendment of zoning conditions on ZA 2533 (Beazer Homes) by DeAndre Hamilton and Beth Hermiller at 6040 Ellington Cove, Cumming;

Postponed a public hearing on a county-initiated variance request to reduce the Georgia Highway 400 undisturbed buffer from 40 ft. to 0 ft at 4971 Shiloh Road, Cumming;

Approved a request for an amendment of zoning conditions on ZA 3344 (Kelley Bridge, LLC) by Sullivan Wickley at 5350 Jot Em Down Road, Cumming;

Postponed a public hearing on amendments to Chapters 3, 10, 11, 15, 16, and 21 related to backyard chickens within the Unified Development Code of Forsyth County;

Postponed a public hearing on the addition of residential design standards for single-family attached and multifamily development to the Unified Development Code;

Approved an extension of the moratorium on the receipt of land disturbance permit applications for Res4, Res6, and R3 multifamily and single family attached products, to include the possible allowance for certain exceptions from the moratorium;

Agreed to bring back to a work session a discussion of proposed amendments to the Unified Development Code related to Master Planned District;

Approved amendments to Chapter 21 related to compliance with the Coal Mountain Overlay within the Unified Development Code of Forsyth County;

Withdrew amendments to Chapter 16 related to separation distance between car wash businesses within the Unified Development Code of Forsyth County;

Postponed a public hearing on proposed amendments to Chapters 3, 12, 14, and 16 related to vehicle sales and repair within the Unified Development Code of Forsyth County.

 

 

Forsyth Senior Living, LLC asks to rezone 43 acres when Planning Commission meets Tuesday

News

FORSYTH COUNTY, Ga. — Representatives from Forsyth Senior Living, LLC will appear before the Forsyth County Planning Commission when it meets Tuesday at 6:30 p.m. in the County Administration Building, 110 E. Main Street in Cumming.

The company seeks a rezone on 43.82 acres from Urban Village Dstrict (UV) and Agricultural District to Urban Village District with a conditional use permit (CUP) for continuing care retirement community, including assisted living facilities with 130 units totaling 182,332 square feet and 93 parking spaces an independent living facility (apartments) with 90 units totaling 103,446 sq. ft and 78 parking spaces, 100 attached units totaling 184,600 sq. ft and 19 detached units totaling 35,800 sq. ft. with a density of 7.74 units per acre.

Variances being requested include reduction of buffer from 25 ft. to 0 ft and an increase in the the maximum gross square footage per business establishment from 60,000 sq. ft. to 506,178 sq. ft.
The remainder of the agenda is as follows:

III. Review of meeting procedures

IV. Motion to consider adoption of minutes for the June 23, 2020 Regular Meeting and the July 21, 2020 Work Session.

V. Old Business
None.

VI. New Business
Presentation of Resolution to Planning Commission member Bettina Hammond
Public Hearing: UDC modifications related to Mobile Food Units, Mobile Vendors, Seasonal Sales, and Temporary Vending

VII. Public Hearings for Conditional Use Permits

1. John and Lee Ann Frix CP200003 Commission District #4
Request to operate an open storage yard on 6.65 acres currently zoned Agricultural District (A1).

Variances:
Reduce the side buffer adjacent to tax map/parcel 185-003 from 25 ft. to 0 ft. (UDC Table 5.2).
Reduce the side buffer adjacent to tax map/parcel 185-006 for the existing building only from 25 ft. to 8 ft. (UDC Table 15.2).
Reduce the side setback adjacent to tax map/parcel 185-006 for the existing building only from 25 ft. to 8 ft. (UDC Table 15.2).
Located: This property is located south of Dahlonega Highway, approximately 370 ft. east of the intersection with Alan Thomas Road. The property is also located immediately east of property known as 6795 Dahlonega Highway, Cumming, GA 30028.

2. TowerCom V-B, LLC CP200009 Commission District #2
Request to erect a telecommunication tower (199 foot monopole) on a lease area of .0574 acres located on 3.507 acres currently zoned Commercial Business District (CBD).

Variance:
Reduce the separation distance between communication towers from 7,920 ft. to 2,381 ft. (UDC 16-2.6(D)).
Located: This property is located at 6650 Shiloh Road, Alpharetta, GA 30005.

VIII. Public Hearings for Home Occupation Permits
None.

IX. Public Hearings for Rezonings

1. Lazaros Papadopoulos and Lee Economy ZA3962 Commission District #1
Request to rezone from Commercial Business District (CBD) to Highway Business District (HB) on 1.524 acres with a Conditional Use Permit (CUP) for a major automobile services establishment and a vehicle sales dealership in existing buildings totaling 7,857 sq. ft. with 23 parking spaces.

Variances:
Reduce the front setback adjacent to the existing structure only from 40 ft. to 6.5 ft. (UDC Table 12.2).
Reduce the side setback along the eastern property boundary adjacent to the northernmost existing structure only from 15 ft. to 14 ft. (UDC Table 12.2).
Reduce the zoning setback along the eastern property boundary adjacent to the southernmost existing structure only from 50 ft. to 36 ft. (UDC Table 12.2).
Reduce the zoning buffer along the eastern property boundary adjacent to the southernmost existing structure only from 40 ft. to 36 ft. (UDC Table 12.2).
Reduce the front landscape strip from 10 ft. to 0 ft. (UDC Table 12.2).
Located: This property is located approximately 310 ft. south of Canton Highway approximately 860 ft. west of its intersection with Bethelview Road. The property is also located immediately south of property known as 2393 Canton Highway, Cumming, GA 30040.

2. Damir Serdarevic ZA3968 Commission District #1
Request to rezone from Single Family Residential District (R1) to Highway Business District (HB) on 0.597 acres for a minor automobile service establishment with a Conditional Use Permit (CUP) for a vehicle sales dealership in existing buildings totaling 1,920 sq. ft. with 20 parking spaces.

Variances:
Reduce the zoning buffer from 40 ft. to 0 ft. along the northern and southern property boundaries (UDC Table 12.2).
Reduce the zoning setback from 50 ft. to 25 ft. along the northern property boundary adjacent to the existing structures only (UDC Table 12.2).
Reduce the zoning setback from 50 ft. to 18 ft. along the southern property boundary adjacent to the existing structures only (UDC Table 12.2).
Reduce the landscape strips from 10 ft. to 0 ft. along the northern and southern property boundaries (UDC 12-10.15).
Reduce the zoning setback from 50 ft. to 42 ft. along the western property boundary adjacent to the existing structure only (UDC Table 12.2).
Located: This property is located at 1365 Canton Highway, Cumming, GA 30040.

3. Forsyth Senior Living, LLC ZA3972 Commission District #3
Request to rezone from Urban Village District (UV) and Agricultural District (A1) to Urban Village District (UV) on 43.82 acres with a Conditional Use Permit (CUP) for a Continuing Care Retirement Community (CCRC) including assisted living facilities with 130 units totaling 182,332 sq. ft. and 93 parking spaces, an independent living facility (apartments) with 90 units totaling 103,446 sq. ft and 78 parking spaces, 100 attached units totaling 184,600 sq. ft and 19 detached units totaling 35,800 sq. ft. with a density of 7.74 units per acre.

Variances:
Reduce the exterior buffer from 25 ft. to 0 ft. (UDC 16-4.8(E)(4)(e)).
Increase the maximum gross square footage per business establishment from 60,000 sq. ft. to 506,178 sq. ft. (UDC Table 12.2).
Located: This property is located at 3477 and 3675 Atlanta Highway, 3480 Shiloh Road, 3719 Mars Hill Road and 4246 Mars Hill Circle, Cumming, GA 30040.

X. Adjournment

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