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Contested rezoning passes on split vote

Scope of residential application reduced

POSTED: August 17, 2013 12:09 a.m.
 

A rezoning for 247 homes in south Forsyth received approval at a lower density than initially requested during the county commission meeting Thursday night.

The commission voted 3-2, with Jim Boff and Brian Tam opposed, to approve rezoning from agricultural to Res-4 for 88 Daves Creek, with a maximum density of 2.95 units per acre.

The application, filed in March, called for a Res-6, or high-density residential, with 378 attached and detached homes with a 4.5 unit per acre density.

The developer presented an alternative Res-4 plan to the planning board, which in June also split the vote 3-2 on rezoning to Res-4 with 2.95 units per acre.

The 83.7-acre property on Daves Creek Drive sits in commission District 5, represented by Boff, and District 3, represented by Todd Levent.

Levent made the motion for approval after attempting to respond to the many concerns he had heard leading up to the vote on the contested rezoning.

“I really dug deep into this,” he said, “Some folks listed some conditions which they’d like to see added to this, which I believe we put together all except for a very small amount.”

The approval came with several conditions, including: a minimum home size of 2,200 square feet; a left turn lane and deceleration lane into the subdivision; a required homeowners association and amenity area; certain permitted exterior materials; and buffers or privacy fences along some adjacent properties.

Of the sought-after conditions that weren’t included, Levent said most are addressed by existing requirements in the county’s unified development code.

“I know it’s not perfect. I know it’s not exactly what you wanted,” he said, “but you’re probably in the 95-percent range or 90-percent range.”

Residents who spoke during the public comment period on Thursday asked for a density closer to 2 units per acre, which they said would be consistent with the area.

A representative of Bluegrass Materials Company, Pat Malaney, spoke out against the residential use abutting the rock quarry, which borders the 88 Daves Creek site on three sides.

Removal of too many trees will increase the noise to neighbors, Malaney said, which could strain the company’s existing good relations with the community.

Speaking during public comments on a variety of zoning applications, several residents cautioned the commission about adding too many high-density developments without the infrastructure or schools to support the increase in population.

 

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