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Current
Zoning

Requested
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080808 Public Participation Meeting 6:30 to 8:30 p.m.
Hickory Flat Church of God
947 Bailey Road Woodstock

This request is for a private school.  Schools are allowed in Residential zoning districts.  This request is only being made to provide additional protection to the financing organization in the event the school should fail.

061907 BOC will vote on this application.

050107 Planning Commission will hold Public Hearing.
This parcel is well suited for GC but the proximity to Hickory Plantation would suggest it should be Neighborhood Commercial across the back.  This is compatible with the requested uses and would provide better protection for the adjoining neighbors.  John Gibson, the applicant, is a quality developer of commercial properties and has worked well with the Hickory Flat community before.  The community is planning to compile a list of suggested conditions.

See site plan link below.

http://www.cherokeega.com/ccweb/departments/pz/zoning_cases_files.cfm?dir=zoneapps/07-05-022&name=07-05-022%20Site%20Plan.pdf

040307 Planning Commission voted to recommend denial to the Board of Commissioners.  The vote was 5 to 1 with Kirby (appointed by Mahurin) voting against denial.  The case will go to the Board of Commissioners on 08/17/07.

04/03/07 Planning Commission will hold Public Hearing.
This is the same parcel that was presented last year then the request was for R40.  At that time the area residents felt the zoning should not be changed.  The property is surrounded on three sides by R80, on one side by R40.  The R40 zoning has been developed with lots much larger than one acre.  Bailey Road is firmly established as estate homes on large lots.

10/03/06 Planning Commission voted to deny following an effective presentation by area residents.

100306 Public hearing before the Planning Commission.

This is the site of the auto repair shop on Hwy 140.  It is surrounded by R40 residential and some O and I.  Neighborhood Commercial would better fit and would conform to the Interim Land Use Plan.  A Non-Conforming use could be granted to allow the owner to continue to operate his auto repair business.  NC would not impact the adjoining residential property and GC is better suited for the intersections along Hwy 140.  This parcel is not located at an intersection.

10/18/06 See Below

100306 Public hearing before the Planning Commission.

Ruby Forrest is requesting this rezone to construct three commercial buildings.  The property is on Charles Cox Drive between Hwy 140 and Batesville it has been made a part of the zoning below.

121806 The Board of Commissioners approved 3 - 2 NC, R30, R60 and R80 .  They did not add conditions that included the architectural standards of the Walgreen's.  Approve Byrd, Mahurin, Good  opposed Johnston, Hubbard.

10/18/06 Public Participation Meeting at the Vaughn Road meeting room.
 See message below sent by those organizing the opposition:

100306 Public Hearing before the Planning Commission

This is a massive development with residential density that is out of character with the surrounding area.

Zoning case 06-04-022 includes 225 acres of land on Lower Birmingham / Batesville and Hwy 140.  Zoning case 06-08-053 represents 4.9 acres along Charles Cox Rd adjoining the original zoning case. The development as currently planned includes 325 home sites (189 of these homes sites are either zero lot line or town homes).  The majority of the remaining home sites are R-15, approximately 4 homes per acre.  The developer will only build the roads / infrastructure for this project and will then sell the commercial and residential lots to builders. The project includes approximately 200,000 sq feet of commercial space extending from Hwy 140 onto Batesville Road.  The majority of the acreage is currently zoned AG.  The land use plan allows for Neighborhood Commercial development for parcels fronting Hwy 140, one home per acre 1,000 feet from Hwy 140 with 2+ acre zoning beyond.

- 030706 This request will come before the Board of Commissioners

- 022106 The Planning Commission recommend to the Board of Commissioners that the parcel be zoned General Commercial.  This parcel is on Hwy 140 across from the Publix Center.  This is an obvious commercial site.  Hopefully the Board of Commissioners will place a condition on this parcel for the same architectural standards that  were applied to the Walgreen's Center, and other recent zonings in that area.

 - 022106 The attorney for the developer submitted a letter requesting withdrawal of this zoning request without prejudice.  This means they are allowed to withdraw the request, but do not have to wait the standard 12-months to apply again for another zoning.  The Board of Commissioners accepted the withdrawal request 5 - 0.

- 02/08/06 Planning Commission voted 8 to 1 to deny this zoning.  Congratulation to our motivated Hickory Flat community for getting out on a freezing cold night and staying until after 10:00 p.m. to support denial of this project.  The speakers did a great job.  My only regret is we didn't get to hear the presentations other speakers were prepared to give.  They had important points to make about his parcel.

-02/07/06 7:00 pm
Public Hearing before the Board of Commissioners and the Planning Commission to be held at the Justice Center

The Public Participation meeting was attended by a large number of residents who oppose this zoning.  The official count was 30 but I think it was even higher than that.  The reasons given were traffic, the proposed location along Hwy 140 is residential, there is significant vacancy in the Office and Commercial developments nearby.  Other concerns are lights, noise, etc.

- 01/18/06 Public Participation Meeting, Vaughn Road Community Center, 6:30 p.m.

26 acres of General Commercial is too intense for that intersection.  Reece Road is a quiet, rural, winding road.  The Land Use Plan shows the area as low density residential development.

- 02/08/06  Planning Commission voted 9 to 0 to recommend this project to the BOC.  I think this should have been recommended for R60 but the Planning Commission didn't agree.

-02/07/06 7:00 pm
Public Hearing before the Board of Commissioners and the Planning Commission to be held at the Justice Center

- 01/19/06 Public Participation Meeting, Vaughn Road Community Center, 6:30 p.m.

-11/15/05 BOC Vote. Contact the commissioners.

-11/02/05 Planning Commission voted to recommend the Board of Commissioners approve residential attached condo houses and zero lot line homes with an overall cap of 3.5 units per acre.  There were members of the community who spoke against this development but they did not prevail.  This will set a precedent for attached houses in Hickory Flat.  This is troubling because of the pressure to build apartments in the area.  The BOC will vote on Nov 15th.

- 11/01/05 Public Hearing 7:00 p.m. Justice Center.

- 10/29/05 Hickory Flat Library Meeting for those in opposition to this zoning.  3:30 pm.

- 10/10/05 Public Participation Meeting 6:30 p.m. Wednesday, October 12,2005 at the fire station on Vaughn Road.

This request is for a very high-density residential development which includes condo homes.

- 10/04/05 Case postponed until November 15.

- 09/14/05 Public Participation Meeting 5:30 p.m. Justice Center Canton

I am not aware of anyone who is in opposition to this zoning.  However, I do find complete support among the activists in the community that the same conditions, with regard to architectural standards, that were put on the Walgreen's should also be attached to this re-zoning, and every future re-zoning in the Hickory Flat commercial triangle.

- 09/21/05 Public Participation Meeting 5:00 p.m. Woodstock Library

This is another development that seems too dense for the surrounding community.

- 10/04/05 Planning Commission voted to recommend R-20 with the same restrictions the RD3 has and a limit of 53 homes.

- 09/20/05 Public Participation Meeting 6:00 p.m. Vaughn Road Fire station
 
There is a good deal of opposition to this development due to the density.

- 10/18/05 The BOC voted to delay a decision on this case pending the final plan which is expected to be available on 11/02/05.

- 09/06/05 A delay was granted until the October 4th Planning Commission Meeting.  The developer and the county are working on a traffic study.  I know there is a good deal of concern about this zoning due to the traffic/safety issue with three schools located at that intersection.  Everything that can be done to insure no big box stores are located here should be done.  This plan still needs some work.

- 08/11/05 Public Participation Meeting at Hickory Flat Library 6:30 p.m.  I am not opposing this development.  I would like to see the same high architectural standards as the Walgreen's development.  I also agree with everyone who wants to connect parking lots on all these commercial developments to minimize traffic.  We need to be sure residential neighbors are protected with buffers, etc.

Link to site plan:  http://www.cherokeega.com/ccweb/departments/pz/zoning_cases_files.cfm?dir=zoneapps/05-09-071&name=05-09-071%20Site%20Plan.pdf

- 08/02 The Planning Commission voted unanimously 6 - 0 to recommend denial of this application to the Board of Commissioners.  The Board of Commissioners will cast the final vote on Tuesday, August 16th.  Thanks to all who attended the meeting!  Special thanks to the speakers! They were so effective in expressing the community sentiment about Jep Wheeler Road and listing the reasons this application should be denied.

 - There will be no Public Participation Meeting a  Community Information Meeting will be held on Saturday July 30, 2005 at 3:30 pm, Hickory Flat Library.

 - There is no date yet for the Public Participation Meeting.  The case will come before the Planning Commission on August 2, 2005 at 7:00 p.m. in Canton.

 - Public Participation Meeting on 05/12/05 at 6:30 p.m. Historic Courthouse Canton.  This site is across the street from Arnold Mill Elementary. 

 - Planning Commission to hold a public hearing on May 5th at 8:00.
The application is using the PUD as a reason for this rezoning.  The PUD is not adjacent to this parcel and the parcel nearby, which was much closer to the PUD, was just zoned R60.  There is R40 zoning on Vaughn Road but almost all of the R40 parcels have already developed at AG and R80 density.  In my opinion this property should remain R80.  R80 is more typical of Vaughn Road development trends and while the PUD is a consideration for properties that adjoin that development this parcel is far enough away that the PUD is of no consequence.

 - Public hearing delayed until February 8th.

 - Planning Commission to hold the public hearing on January 4th at 7:00 p.m. downtown Canton at the Justice Center.

 - There is a lot of interest in stopping this zoning.  I have been contacted by neighbors and mothers from the school.  I will arrange a community meeting sometime in early October so we can prepare to defend against this request.  I agree the zoning should be denied.

 - Robert Harris Homes wants to build homes 1,800 sq. ft. in size.  They are requesting 160 homes but the zoning would allow almost 200.  The area is largely estate homes.  The zoning request should be denied and the parcel should remain R-40.

 - Approved for R-80 Biello, Johnston, Byrd.

 - The Union Hill Community is the wrong place for this type of development.  The zoning should remain AG or at the most be changed to R-80.

 - The Planning Commission voted to deny the zoning.

 - At the first Planning Commission meeting the community was there in opposition but the developer requested a delay.  It will probably be placed on the next agenda for the Planning Commission.

 - This is a beautiful area in the Lickskillet Community.  The current zoning is appropriate for this parcel and the application should be denied.

The plan is for contractor office space and vehicle parking.  I have several objections to the application as filed.

It is my opinion that General Commercial is too intensive a use for mid-corridor development on Hwy 140.  I suggest the more limited use Neighborhood Commercial with a non-conforming use for the operation in the application, would be a better zoning district for this location.  While I accept the PUD adjacent to this parcel contains General Commercial they are restricted from Gas Stations.  The General Commercial across the street is restricted to use as an antique shop.  The other property across the street is O/I.  The property on the other side is R80.  I would suggest Neighborhood Commercial would step the zoning down from the PUD.

I would also suggest a restriction on sawmill operations and mulching operations.  That type of activity is not suitable to the Hwy 140 corridor with the residential that exists around this site.  Stored equipment should be screened from view.

05/04/04 Public hearing before Planning Commission.

05/04/04 Planning Commission recommended approval with road improvements.  I think it should have had a visual buffer as well because it will be visible from Hwy 140.

05/04/04 Public hearing before Planning Commission

R15
90 Homes

05/04/04 Planning Commission recommended the parcel on Hwy 140 be rezoned R30 and the back parcel that is adjacent to the R80 estate homes be rezoned R60.  They further recommended that the entrance be off Hwy 140 and a 35 foot buffer be placed between the
R30 and the existing Twin Lakes subdivision that is developed at R40 density.
 

I think this is a good decision from the Planning Commission.  They respected the rights of the estate development and the Twin Lakes residents while giving a workable solution for the land owner.  They even took the entrance under consideration by recommending it be moved away from Mountain Road Elementary and placed on Hwy 140.  Hopefully the Board of Commissioners will follow the lead of the Planning Commission who spent so much time crafting their recommendation.

05/04/04/Public hearing before the Planning Commission.

R80

R20

04/06 The Planning Commission recommended R40.  That would allow the church site and about 28 homes.  Will come before the BOC 04/20/04

To come before the Planning Commission April 6th at 7:00 PM.

Request is for a 10 acre church site with about 55 homes behind the church.

Neighbors who were at the Public Participation Meeting felt this was too dense for East Cherokee Drive.  I agree.

R20
61 lots

Planning Commission recommended denial for this application on May 4th.  The case will come before the Board of Commissioners for a final decision on May 18th at 6:00 PM.

04/06 This project was postponed until May 4,2004

To come before the Planning Commission April 6th at 7:00 PM

I do not have a clear site plan.

Too dense for Waters Road.

Bailey Road near Hwy 140

39+

R80

RZL
116 Units

On May 4th the Planning Commission recommended the application be withdrawn and a new application be submitted if the owner seeks rezoning in the future.

This project will not be heard on April 6th that hearing is to be cancelled.  The developer had a meeting with members of the community at the library.  He seems to understand that a plan needs to be developed that is lower density.  He did agree to look at  a lower density option.  We will have to wait and see what the new plan looks like, I will post info as soon as it is available.

There is a new plan for this development.  I have not seen the changes.  I will post as soon as I see the changes.

The developer has again requested a delay until April 6, 2004 at 7:00 PM for the public hearing before the Planning Commission.

At the request of the applicant the hearing before the Planning Commission has been delayed until
March 2, 2004.

To come before the Planning Commission on February 3, 2004.  Will probably come before the Board of Commissioners on February 17th.  There is a public participation meeting on January 20, 2004 at 7:00 PM at the Historic Courthouse in Canton.

020304

Hwy 140 across from Twin Lakes Subdivision

2+

R80

General Commercial

A member of the Planning Commission suggested that the application should be approved as Neighborhood Commercial with a restriction to this particular use.  That was well received by the speaker a gentleman from Twin Lakes and others.  The BOC should vote on this Tuesday the 17th at 6:00 PM.

Dance and Music School.  This is a nice use of the brick home on that parcel but the downside is that it will place General Commercial zoning in a Residential Location along Hwy 140.  A better zoning would be Neighborhood Commercial which is more compatible with residential development due to the restrictions on permitted uses.

Hwy 140 across from the Saveway

1

R80

General Commercial

Approved as OI by the Board of Commissioners.
Approve: Biello, Sanders, Byrd, Good, Johnston
Deny:

06/2003

Hwy 140/
Univeter Road

5.5

R40

General
Commercial

060303 Planning Commission recommended approval.  This parcel is across from the tire store on Hwy 140.

061703 Board of Commissioners voted to approve.
Approve: Biello, Sanders, Byrd, Good, Johnston
Deny:

06/2003

Ranchwood
Trail

38.5

AG

R20

060303 Planning Commission recommended R80 against the perimeter where it touches parcels that have been developed R80 R40 for the rest of the parcel.

Approved as R40 with lots abutting existing R80 to be R80 also.
Approve: Biello, Sanders, Byrd
Deny: Johnston

The developer brought a lawsuit and the BOC voted not to defend in court and instead grant additional density.
Approve: Biello, Sanders, Good, Byrd
Deny: Johnston

02/2003

Earney Road
Next to Crabapple Falls Subdivision

25+

R80

R20 Conservation

Approved by the BOC 021803
Approve: Biello, Johnston, Sanders, Byrd, Good

012003

Thomas Road

100+

AG

R40 Conservation

110 Home Subdivision

Community filed a lawsuit to stop the project and settled by purchasing the parcel.