Planning commission recommends R-20 conservation rezoning for age‑restricted community near East Cherokee Drive

The Cherokee County Planning Commission recommended approval of a rezoning to R‑20 conservation for an 88.1‑acre proposal by EC New Vision LLC to build an age‑restricted conservation community along East Cherokee Drive, saying the application includes conditions that address stormwater, a deteriorating dam and road access.

The recommendation, made at the commission's April joint public hearing, moves the application to the County Commission with the panel's 11 conditions from the applicant plus required stormwater and transportation permit requirements. The panel voted to recommend approval by a recorded margin of 7–1.

The applicant, represented by Ethan Underwood of EC New Vision, proposed a 107‑lot age‑restricted conservation subdivision with 52 percent open space, private streets, an amenity area (including a pickleball court) and a range of home sizes the applicant said would run from about 1,500 to 4,000 square feet and price points beginning in the $600,000s. Underwood told commissioners the project would hold the same number of lots as the site's current entitlement (107) but concentrate development on the interior, expand contiguous exterior buffers in many places and require a homeowners association to maintain open space.

Why it matters: the site contains a pond and an aging dam that neighbors and commissioners said needs formal review and possible remediation. Commissioners and staff emphasized that a dam rehabilitation plan, a dam breach analysis and stormwater controls will be required before a land‑disturbance permit is issued. The Planning Commission added a staff‑proposed clarification that the rehabilitation plan be authored and sealed by a registered engineer with experience in earth‑dam rehabilitation.

Key details: planning staff said the property is currently zoned as a mix of AG, R‑20 and R‑40 and that under current zoning the site is entitled for about 107 lots; an R‑20 “yield” calculation would allow up to about 157 lots in theory but the applicant's realistic yield plan showed about 115 lots given site constraints. The applicant's sketch plan proposes 107 age‑restricted lots (minimum 1,500 sq. ft., two‑car garages) and an overall open‑space percentage of about 52 percent, higher than the 40 percent conservation minimum.

Traffic and schools: a traffic study submitted by the applicant used ITE trip generation methodology for senior‑adult housing and estimated roughly 41 AM peak and 47 PM peak hour trips for the proposed 107 age‑restricted units; staff compared that to a conventional single‑family scenario at current zoning, which the study estimated would produce roughly 79 AM and 106 PM peak hour trips. The Cherokee County School District told staff that if the development is deed‑restricted to age 55+ it would register as “no impact” on school enrollment; if only age‑targeted (not deed‑restricted), standard student load factors would apply.

Variances and conditions: the applicant requested several variances to the county's conservation design standards. Planning commissioners voted: to deny one initially advertised variance that the applicant later withdrew as unnecessary; to deny variances that would allow certain lots to not abut required green space and to permit more than 10 contiguous lots without the required green‑space “gaps.” The commission approved a reduction of an exterior buffer from 75 to 50 feet along the northern property line (lots 71–83) where the applicant provided a written consent from the adjacent property owner; the panel did not reach a final decision on a separate reduction in the amenity area buffer and left that item unresolved.

Public comment: supporters said the proposal would preserve more green space than some previous proposals, maintain privacy for neighboring property owners and reduce school and traffic impacts if age‑restricted. Neighbors opposed or concerned cited potential downstream impacts from stormwater and fertilizers into Canton/Etowah watershed streams, the condition of the existing dam and the risk of dam breach. Several residents also pressed for larger undisturbed buffers adjacent to existing homes.

Next steps: the Planning Commission's recommendation and the record, including the commission's conditions and the transportation/stormwater comments, will go to the Cherokee County Commission for a final zoning decision. If the county approves rezoning, land‑disturbance permitting, dam rehabilitation approval by Georgia EPD (if applicable) and required roadway improvements (a left‑turn lane to GDOT specifications) must be completed before construction begins.

Community context: the site is in eastern Cherokee County along East Cherokee Drive and abuts largely residential and agricultural properties. The applicant has proposed a homeowners association and deed restrictions to enforce the age‑restricted occupancy condition.