Boc Joint Planning & Zoning - Regular Meeting

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Good evening. Welcome to the Joint Planning and Zoning Board and Board of Commissioners meeting of July the 7th, 2026. I am Briggs Simmons, the Planning and Zoning Chairman. Prior to this meeting, announcements were posted and sent to all board members, commissioners, staff, and interested parties to participate in this meeting. I will now turn the meeting over to Dr. Ramona Jackson-Jones, our chair, Madam Chairman, to introduce the commissioners.

All right. Thank you so much, Chairman Simmons. Good evening, everyone. I'm Dr. Ramona Jackson-Jones, the chairwoman of the Douglas County Board of Commissioners. And welcome to our citizens tonight. And I'll start with roll call. Vice Chair and District 4 Commissioner Mark Alcarez.

Present.

District 2 Commissioner Whitney Kendall Jones and District 3 Commissioner Martin Raxton present and Commissioner Mitchell, I believe it's online with us. Are you all right? Thank you so much We all present and accounted for And we do have a quorum and I'd yield the floor back to you chairman Simmons Thank You madam chairman also present we have members of the Planning and Zoning Board if you would confirm your presence when I called your name and

Frank Payne, District 1, our vice chair.

Present.

Brandon Penniman, our at-large member.

Present.

Orrick Curry, District 2 representative.

Present.

Larry Toomey, District 3 representative.

Present.

And Melissa Polk, District 4 representative.

Present.

Dr. Chris Small is excused this evening. We do have a quorum.

uh are you going to introduce instead austin yes sir okay allison duncan our manager for planning and zoning will introduce the county staff president in the meeting all right thank you mr chairman tonight from the zoning department we have austin cronin our zoning administrator and johanna womack our clerk of the planning and zoning board from our legal department we have thomas mitchell from our development services department we have james worthington and travis mcdonald from our dot we have bruce mercer from the water and sewer authority we have diana johnson and from the appraisal department we have eugene roberts as always we would like to appreciate our deputies for being here this evening as well as our communications team for helping us to manage the meeting and to broadcast over the social media thank you

Thank you, Ms. Duncan. There's a reversionary clause that applies to each zoning, and that is the applicant, agent, or property owner has 24 months to vest the variance in zoning change once the commissioners have granted an approval. As far as tonight's procedure goes, I will conduct the public hearings. Planning and zoning staff will announce each application, followed by a full presentation on that application. The applicant or their representative and members of the public in favor of an application will be able to present their information. They will have two minutes per person for a total allocated time of 15 minutes to speak on behalf of an application. Members of the public in opposition to an application will also be able to present their information. They will have two minutes per person for a total allocated time of 15 minutes to speak in opposition. After the opposition completes their input or the time has elapsed, I will officially close the hearing. At this point, the staff will clarify any points of the zoning case. If the staff is unable to satisfy the board's questions, the board will then ask the applicant for points of clarification. And this is not a time for the applicant to represent their case. Planning and Zoning Board will then entertain a motion. Our first agenda item tonight is the approval of the minutes of the June 2nd, 2026 regular Joint Planning and Zoning and Board of Commissioners meeting. Planning and Zoning Board members, after reviewing the minutes, are there any comments, changes, or questions? If none, do I have a motion for approval?

This is Melissa Polk. I make a motion to approve the minutes from our June 2nd, 2026 meeting.

Frank Payne, second. I have a motion and a second. Do we have any discussion? Hearing none, all of those in favor of approving the June the 2nd, 2026 meeting minutes, please signify by raising your hand. Thank you very much. Madam Chairman, the minutes of the June 2nd, 2026 Joint Planning and Zoning Board and Board of Commissioners meeting come to you with the unanimous recommendation for approval.

Thank you so much, Chairman Simmons. Board of Commissioners, you've had an opportunity to review the June 2nd, 2026 meeting minutes. Are there any revisions, corrections or deletions that need to be made? BEING NONE, DO WE HAVE A MOTION TO APPROVE THE MINUTES FROM THE JUNE 2, 2026 MEETING? SECOND.

SECOND.

OKAY. WE HAVE A MOTION AND A SECOND ON THE FLOOR. ANY DISCUSSION, BOARD? WE HAVE A MOTION AND A SECOND. ALL IN FAVOR OF APPROVAL OF THESE MINUTES, PLEASE INDICATE BY RAISING YOUR RIGHT HAND. OKAY. WE HAVE A 5-0 UNANIMOUS VOTE, AND THE MOTION CARRIES FOR THE APPROVAL OF THE JUNE 2, 2026 MEETING MINUTES. AND I YIELD THE FLOOR BACK TO YOU, CHAIRMAN SIMMONS.

Thank you, Madam Chairman. Our next agenda item is S2026-34, which was deferred from the last meeting. We do not need to bring this back on the table, do we? We just move forward.

Yes, sir. We can move forward with the update. We have already had the public hearing on this item. I do have some information to update you on, and I will reread the staff recommendation. So in regard to the recommendation to defer this, staff has been working with the applicant to seek the additional information that you requested. So the applicant has provided information on the search that was conducted in the area. Specifically, there was a question about did they look at other parcels and reach out to other property owners. um in the follow-up information that they have said which is in the record for this meeting the applicant did make multiple attempts to contact other property owners in the area so the owner of the subject property was the only person to respond to their request and so that is the reason that you see this on the subject property In regard to some additional information, the applicant has indicated that they will agree to all of the conditions proposed by staff. Specifically, there was concern about where the tower would be sited on the property, and so they have indicated in their application that they are willing to work with county staff to position it as far away from the right of way on the property as is feasible. And then finally, the applicant has submitted an affidavit from an appraiser attesting to the fact that the tower will not impact the marketability of surrounding properties. And so those are some things that are required when considering whether or not the use is appropriate. And so staff is again recommending approval of the special use permit based on the following findings. So first is that the special use permit request is compatible with the comprehensive plan character area of rural reserve and the future land use map classification of rural places. And then the second, the special use permit will not modify the intent, purpose or spirit of the unified development code. And third, the special use permit request will not adversely impact public health, safety or welfare. We are also recommending the following conditions. So the first condition is that the tower shall be a monopole, shall not exceed 199 feet in overall height, including the monopole antenna lighting, lightning rod, and any additional appurtenances. Number two, the location and construction of the tower shall be in accordance with all other requirements of the Unified Development Code. Number three, at the time of the DRC review, the applicant shall present an alternative lease area on the subject parcel for the tower. Location that is further removed from High Point Road. If an alternative lease area cannot be identified, the applicant shall provide documentation as to why the proposed lease area is the only suitable location. The Director of Development Services shall have the final determination as to the location of the lease area on the parcel. And number four, a review by a radio frequency engineer that is acceptable to Douglas County shall be provided in accordance with Article 3, Section 343I prior to the issuance of the building permit for the tower. That concludes my update, and again, staff recommendation is to approve with conditions. Happy to answer any other questions you may have.

Thank you very much, Ms. Duncan. Planning and Zoning Board, we had the public hearing. We had the questions and answers last month. Do we have any additional questions that need to be asked? If not, do I have a motion on S2026-34?

This is Frank Payne. I recommend approval of S2026-34. With the conditions?

With the conditions. I have a motion. Do I have a second?

Board Curry, second.

I have a motion and a second. Planning and zoning board, do we have any discussion? Hearing none, all in favor of the motion to approve S2026-34 as read into the record with conditions, please signify by raising your hand. Thank you very much, madam chairman, unanimous vote on as 2026 dash 34 for approval with conditions.

OK, thank you so much, Chairman Simmons for commissioners. We had an opportunity to engage in a public hearing for as 2026 dash 34 a month ago, and certainly we had a chance to weigh in. But are there any additional comments or remarks? Vice chair, you have the floor. Vice chair Alcarez, you have the floor.

Yeah, just for the record, this was something that was recommended by our E911 sheriff's office, correct? Yes, sir. Because of the horrible self-service that we have down that area to be able to service them better in regards to their responses, correct?

Yes, sir in the application. Case file we do have impact statements from both departments that do say that this will improve service delivery in these areas.

OK, thank you so much. I share any other remarks or comments. OK, I yield the floor back to you.

Thank you very much, Madam Chairman. Our next agenda item.

uh i think we need a vote from them oh lord i didn't know that's right i yielded back to you okay for the commissioners do we have a motion do we have a motion yes madam chair make a motion to approve yes 2026-34 okay okay we have a motion in a second uh we have any discussion we have a motion in a second all in favor please indicate by raising your right hand commissioner mitchell OK, we have a 50 unanimous vote and the motion carries. All right. To approve. I yield the floor back to you, Chairman Simmons. Thank you, Madam Chairman.

Now, our next agenda item, M202601, Z202656 and S202657. Ms. Duncan, you go do this one.

Yes, sir.

All right.

All right. So this is in regard to East Village Dothan LLC. This is a request for future land use map amendment from rural places to Commerce Center. This is also a request for rezoning from residential agricultural to planned unit development. And this is a request for special use permit for a data center and substation that will exceed 50,000 square feet located on Pool East and West Tyson Roads, Liberty Road in Billerica. This is in District four. The approximate size of the property is about 703 acres. So this is included in the Dog River Watershed Basin. It is a site assemblage of multiple parcels with residential agricultural zoning classification. The subject parcel has been used for agricultural and residential purposes over the years. Majority of the subject property is located in the Dog River Primary Basin, but according to Article 9 of the Unified Development Code, the Dog River Secondary Basin is the portion north of I-20 and extending south of I-20 for a quarter of a mile radius. So it is in both the primary and the secondary basin. In instances where there is a question about its location, the Water and Sewer Authority makes the determination about which way that basin drains. So in this instance, it was determined that it is located in the Dog River secondary basin for purposes of regulation. That is going to require a 25% impervious surface limitation on the project. um in regards to the transportation network in the area it is in proximity to liberty road pool road west tyson road east tyson road sudeth road and interstate 20. adjacent uses are primarily low density single-family detached residential and rural residential uses it does share a border with interstate 20 right-of-way as well as clinton nature preserve and the city limits of villa rica just to clarify the city uh the portion of the project in the city limits of villa rica is not subject to any zoning action here this evening So the current future land use designation is rural places. A designation of commerce center is required for an intensity for data center. So therefore, the future land use map amendment has been filed. The site is proposing to include a 4.4 million square foot data center development. This is scattered over six buildings.

No. We have a lot to cover tonight, and that is not positive.

All right. So this is this is this is this is 4.4 million square feet of data center over six buildings. It does include a large area that is set aside as a conservation area of the property. So water is available to the site. Sewer is currently not available to the site. The applicant has been discussing the extension of sewer to the project. And accounting of that information is included with the impact statement provided by the Water and Sewer Authority included in the staff report. So in addition to the rezoning, the applicant requests two special use permits to facilitate the development of the data center. So the first is construction of private utility substations that are needed to serve the project. And then the second is the construction of buildings in excess of 50,000 square feet. So what you have in front of you here are the relevant regulations for this request. This was previously heard in 2025. You can see the case numbers there. And that request for the data center campus was denied at the time. So staff recommends denial of the future land use map amendment, the rezoning and the special use permit. The request is not compatible with the comprehensive plan and future land use classification of rural places. And the proposed use will expand utility services into an area that is not contemplated for a commensurate intensity of use. So the applicant has not received a power commitment from Georgia Power. They would not receive that until such a time as the property has any correct zoning approvals. And so a date in which power would be available to serve the project is not yet known. The impact statement submitted by DCDOT also underscores the substantial impact to traffic and the impact statement submitted by the Douglas County Fire Department underscores the demand on services and the need for upgrades that are necessitated by the use. The impact statement submitted by the Douglas County Sheriff's Office underscores the impact on public safety and identifies the need for more comprehensive study in this area. And then finally, multiple entitlements have been given by the city of Douglasville and Douglas County for projects that may be speculative, which in staff opinion results in the risk of overbuilding. potentially.

I'M GOING TO ASK, COULD I HAVE YOUR ATTENTION, PLEASE? I'M GOING TO ASK NO MORE LOUD OUTBURSTS. THAT'S PART OF OUR DECORUM. THAT DECORUM IS NOT PART OF OUR DECORUM. PLEASE, IF YOU COULD JUST PLEASE JUST KEEP IT, I KNOW YOU'RE CELEBRATING THE RESPONSE FROM OUR PLANNING AND ZONING MANAGER, BUT JUST OUT OF RESPECT, IF YOU COULD, PLEASE, JUST KEEP IT DOWN WE USUALLY DON'T ALLOW THIS AT ALL IN OUR OTHER MEETINGS WE HAVE SOME NEW LEGISLATION THAT THE BOARD OF COMMISSIONERS JUST RECENTLY PASSED SO PLEASE I UNDERSTAND YOU'RE EXCITED BUT IF YOU JUST PLEASE BECAUSE YOU'RE WE CAN'T HEAR SO ARE YOU YOU HAVE THE FLOOR AGAIN THANK YOU MADAM PLEASE IF YOU COULD FOR HER SO WE COULD HEAR

Thank you, Madam Chair. So there are concerns about compatibility with the Dog River Watershed Basin protections, as well as the precedent for allowing industrial uses within the basin protection district. In regard to existing data for center facilities, we've received a number of questions about this. So just including this information here, we currently have total operational space of about 2.5 million square feet over eight buildings. That's the entirety of unincorporated Douglas County. This does not take into consideration city of Douglasville. Total space under construction is about three point two million square feet in six buildings and then total space under permit review is three about three million square feet over eleven buildings So that underscores the point that we've made previously that the board has granted previous entitlements There's a number of projects that are currently moving their way through the system about eight point five million square feet in total so we are suggesting that we allow that to move through and build out before expanding into areas where a use of this scale is not contemplated and There was one additional project that was approved for zoning. That was the Trammell Crow project on the Waldrop Farms that proposes 1.4 million square feet in two buildings. But that project has not submitted for building or land disturbance permit at this time. So what I have in front of you here is a map of the Dog River Basin area. And then this is the zoning map that shows the residential agricultural zoning as well as the proximity to the city limits of Villa Rica. Here is the aerial image for the property. Again, it takes about 703 acres. And then here is the site plan that was submitted with the application that just shows the six buildings and then the multiple utility substations. The areas in the dark green are proposed for conservation use on the property as a part of the PUD. The areas in light green are proposed as open space. So here is a rendering of the proposed elevation of the building. And then here is another rendering from a different view. So again, in terms of the future land use map and character area, the rural places is the existing future land use map classification. They are proposing to go to a Commerce Center land use classification. We do not believe that Commerce Center is compatible with the Dog River Basin character area. So staff is recommending denial of the future land use map rezoning and special use permit request based on the following findings. First, that the proposed map amendment zoning and special use permit are not consistent with the future land use map rural places and the character area designation of the Dog River Watershed. Second, the granting of the proposed map amendment zoning and special use permit will adversely impact existing public facilities and services. including traffic and transportation networks, public safety, and fire services, as well as water quality and quantity. And our third finding is that the granting of the MAP amendment, zoning and special use permit, would adversely affect the public health, safety, and welfare. Now, we do have... We do have an alternate recommendation. We do have a number of conditions that we would propose if the board of commissioners is inclined to approve the request. We do have our alternate recommendation as well as findings and conditions on the future land use map amendment, the rezoning the special use permit. If it is acceptable to the board, I will defer reading those commissions into the record until such a time as you may call for that as you consider what the motion may or may not be. So at this time, I will conclude my staff report. But as always, we are happy to answer any questions that you may have.

OK, very much. Thank you, Ms. Duncan. At this point in time, I will open the public hearing on this matter. As I said earlier, we have two minutes allocated per person for a total time of 15 minutes. However, at this point in time, with the number of folks we have here, we have agreed to raise that to 20 minutes, but it's still two minutes per person. Now, you folks are lining up, and I see no on your shirt. I'm opening the public hearing for people to speak in favor. Anyone wishing to speak in favor of this happening? okay anyone wishing to speak in favor of this application including the applicant or the applicant's representative please silence Okay. Okay, folks. Let's bring order. We're going to bring order. People, listen, please. The people positive and the people negative have a right to be heard. So hold your comments while they're speaking, please. This is not a matter of you can talk up any time.

Please, ma'am.

We will clear the room. OK, first one speaking in favor. Now we have two minutes per person. Allocated time is 20 minutes. We're going to hold that strict. So when I tell you your two minutes is up, that's it.

Okay, name and address for the record and in two minutes, please. Good evening, my name is Ana Maria Means. I'm with Denton's and I represent the applicant. My address is 303 Peachtree Street, Suite 5300, Atlanta, Georgia, 30308. Silence, please. Thank you. As I stated, we're here for these three applications of rezoning, a future land use map, and a special use permit. I'm sorry, I have slides. We designed this project to have significant conservation space, walking trails, and setbacks to help mitigate any harm this may cause to the community. However, we and understand that there is a lot of pushback here and community concerns. And we appreciate the ability to address those concerns. So we request a deferral so that we can address the concerns of the community and further discuss the project.

Thank you very much. Thank you. We'll take that under advisement. Next person, please. State your name and address of the record and then two minutes.

Good evening. My name is Thomas Sledge, and I live at 233 Bellwold Drive in the Pool World Weatherstone subdivision. I'm grateful to be able to stand before you tonight. I lost a little sleep trying to figure out how to figure this out in two minutes to convey to you and convince you that this rezoning request for the proposed data center campus is good for the community and good for Douglas County. But the truth is, you already know the facts, because I've flooded your inboxes with data about modern-day data centers. I would like to say that some have represented to you that this rezoning would adversely affect public health, safety, and welfare, and that's simply not true. No leading authority has issued a blanket statement claiming that modernized data centers inherently harm communities, not the EPA, not state environment and utility regulators, not federal agencies responsible for evaluating major projects under the National Environmental Policy Act. To better understand data centers, I spoke with a businessman who helped guide the data center boom in Northern Virginia, a region that welcomed 6,400 new jobs and over $116 billion with a capital B dollars of capital investment. Just as that person met with me, the applicant standing before you tonight met with our community. My time is short, so I'm going to say this evening that I encourage you tonight to be bold, to be courageous. Don't scratch with the chickens. Soil with the eagles. You can do this. I see champions. I see the future champions of Douglas County standing before me tonight. And so I'm asking for your vote. Thank you very much and God bless you.

Thank you very much. No, please. Please. No clapping, please.

You're taking up time when nobody's speaking. Name and address for the record, sir.

My name's Michael Lynch. I live in Riverbend Court, Villarica, Georgia. 9036 Riverbend Court. I have a couple of suggestions and comments. On your map that you show, you don't show where the substation is going to be on that map. Maybe I just missed it. Also I don't see on the map, just giving you advice, where is the cooling towers going to be? They are what generates the noise that we're all concerned about, so maybe address that going forward. Coming out of Wansley, you're adding a gigawatt of power to the grid. Where is that power going to be transmitted to this facility. That's not clear. Gigawatt of power, which is combined cycle, which data centers elsewhere in the country require 99.5%. Are you speaking in favor? Yes, I am. I'm giving you suggestions. 99.5% reliability for power. And I don't see that at Plant and Wansley. Plant and Wansley is sitting at about 93% reliability for the year of 2025. Everywhere else in the country, they are asking for 99.5% reliability. So questions? Is there going to be power generation backup power on site that doesn't show? So if it's going to be there, maybe show it on the map, on the chart. Any kind of, you've mentioned the substation, but how are you going to do the backup power? So I suggest you put that on your chart. Maybe you'll get a bit more approval. So thank you.

Yes, sir. Next person, name and address in two minutes, sir.

My name is E. John Citizen, 3970 Brook Hollow Drive, Douglasville, Georgia. The reason why I'm up here is because this project affects the entire county. If we don't find a new source of revenue, our taxes are going to go up. We don't have any more money. We don't have any more money. I feel threatened. I feel threatened up here. All I'm saying is I got two minutes and this project affects the entire county. We don't have any more federal dollars coming this way. We don't have any more COVID money coming this way. If we don't find a new tax revenue, our chairman of the finance committee and our vice chairman both can confirm that we don't have money. We got to build a new courthouse. We out of space. We don't have enough buildings to put our employees in. Our infrastructure is crumbling in Douglas County. We don't have money. We have a great opportunity to create resources in this county, prepaid taxes, and untold revenue that's going to come from this project in the tune of $1.2 billion. And we can get $50 million in prepaid taxes to help clean some of these roads, build some of these roads that need to be fixed. And I don't want my tax dollars to be taken any more up than it is. And if we don't find new tax dollars, both governors who's running for the race said they gonna cut property taxes. Where you think we gonna get that new tax dollar from? From us. That means our property tax is gonna go up locally and also with the water. We gonna build a $500 billion dam and waterway to put something here that's gonna ruin our water? No, WSA is not that way. We are good water stewards and we ain't gonna put all that money into a big water spillway to have somebody come and ruin it. So this is a good project. We need the finances in our county. Our county don't have the money, and we don't want our taxes to be higher.

Thank you for your time. I yield back to you, Mr. Chairman.

Thank you, sir. Next person, please.

No clapping. No clapping, please.

Name and address for the record, and then two minutes. Good evening. My name is Gene Bowers. Live at 9500 East Tyson Road. I'm here tonight because I actually support this project, and I'll tell you why. Over the past year, I've attended the meetings, looked closely at what's being proposed. The more I've learned, the more I believe this project represents real opportunity for our community. One thing that's made a lasting impression on me is actually the Hickman family and Linda Hickman herself. When Linda talks about this property, you can tell how deeply she cares about this land. Most importantly, the Clinton Nature Preserve and the property leading up to it. Linda truly loves this land. The only thing is that she knows that she can't protect this forever. From everything I've seen, Linda has worked hard to find a future in this property that allows progress by protecting this, by protecting the natural beauty around it. I think this says a lot about Linda, her family, and the values that she's brought her kids up to do. This project also has potential to create opportunity that can change people's lives forever. Projects like this need electricians, eight backs people, technicians, pipe fitters, welders, fiber control technicians, equipment operators, supervisors, security personnels, landscapers, the list goes on and on and on. All right? You may start as a helper. You may start, then go on to an apprentice. Next thing you know that you are the next electrician. You are the next HVAC person. You are the next person teaching the next generation. That's how we build careers. That's how we build stronger families. And that is how communities grow. I also believe this property is well suited for this type of project. It has the size and infrastructure to handle it. I want to briefly talk about the noise that people talk about. For those of you that actually live here, we already deal with the traffic. We already deal with the motorcycles racing up and down the road. We already deal with the Jake brakes. Thank you. And on top of that, the gunfire coming from the gun range at over 1,000 decibels, or 100 decibels. OK.

Next person, please, name and address for the record.

Good evening, Madam Chair and Commissioners. My name is.

Speak into the microphone.

Good evening, Madam Chair and Commissioners. My name is Ashley Grizzle. I live at 3170 Tyson Road in Villa Rica, Georgia, in Douglas County in District four. My mom, my aunt, my husband all live here. Both of my children have been raised here since birth. I have had the pleasure of living in Douglas County for 23 years, and our farm has been here for almost 30 years. I've eaten at Hudson's on a Friday night. I have bought horse feed at Turner's Feed and Seed and wonder how they got that horse on top of the building. I have been here since the mall was placed in place. And all that to say, some things have stayed the same in Douglas County, but some things have changed. Our farm was once isolated in a sea of raw, undeveloped land. Now our farm is surrounded by industrial that has grown along the I-20 corridor. SEC, Servpro, and the Southwire Industrial Complex all neighbor our property at this juncture. Where previously there was land, now there are subdivisions behind us. Growth in a county means change. When our family decided that our farm was becoming more city and less country, we began the process of trying to figure out how to develop our land for its best use. We have listened to all of our neighbors most closely affected by our leaving, and they have all said, no more houses, please. I have a folder two inches thick of development companies that send us letters on the daily for land for subdivisions. My brother James Hickman landed on the idea of a data center. After four years of careful consideration, we have submitted a plan we think will best continue the growth of Douglas County while preserving the character of our neighborhood. By pushing the data center campus next to I-20, we reduced the distance to our neighbors, including a buffer space that's well beyond Douglas County requirements. Out of the 700-acre campus, 554 acres. I controlled the time. Thank you. Out of the 700 acre campus, 570 acres will stay green space. I'm sorry. Our green space of 256 acres will be placed in a conservation easement. I'm sorry.

Thank you very much.

Next person, name and address for the record.

Right. Commissioners and committee members, my name is Gerald Pouncey, 1372 Mountain Park. 1372 Mountain Park Road in Marietta and also a service council for the applicant. We have spent more than 18 months in negotiations and in constructive conversation with the neighborhoods that are closest to this development. And if you look at the images behind you and in front of you, you will see there have been tremendous changes to that plan. You will see buffers in green space that surround the project to the south, to the west, and to the east. And the data center campus itself, which is only slightly over 100 of the 700 acres with actual footprints of the buildings will be, the data center itself sits on I-20. This is a project that has been designed for minimal impact upon the surrounding communities. And it's something we've spent the last 18 months attempting to accomplish. We've had two public hearings in the last two months. And in those hearings, we have met with many of you, some of you I don't recognize, but many we met with to go over the issues that exist here. And I would note two things in closing. One, I admit First off, the concerns raised by many of you about data centers were valid two years ago and even a year ago. There have been tremendous advancements. Please talk to us. There have been tremendous advancements with data centers since then. And two, we have also brought in one of the two top developers of data centers in all of the country, EdgeConnex, who has known primarily for their interaction with the community and their effort bring jobs to the community both temporary and permanent and their support for other activities within the community and understand that those meetings have already begun to take place so we're prepared to answer any questions I am on the environmental issues have been raised noise issues I'm certainly here to respond to heat island issues but I would just offer that this project while some may oppose it or many may oppose it this project is the product of of two, almost two years of work with the community. Thank you so much.

Thank you for your comments. Next person, please name and address for the record. Two minutes.

My name is Donald Vaughn. I live on Liberty Road, 3565 Liberty Road. My wife and I lived there for 40 years. She just passed six months ago. I raised four children. All four of them live in Weatherstone. I think this is a good thing for the community. It beats having Liberty Road turn into the other side of the interstate. You can't move back and forth either way on the other side. This will give more tax money for the county. My wife believed in education. She believed in God, family, and education first. And this will bring in money for taxes. This will bring in money for more education and future for your kids, for your grandkids. And I don't know what in the world everybody thinks about. Half these people here don't live on Liberty Road. know 90 of them don't live it won't affect them but it does affect me i've lived there for 40 years so it will be good for the county and it will be good thank you thank you sir for your comments no clapping please no clapping name and address for the record and then two minutes jackie cooper 8080 malone street douglasville georgia 30134

I am one of the ones who opposed this data center. I went in the first meeting hot because I didn't have knowledge. I didn't understand what this particular data center was trying to bring to the community. I am by far one of the most active people here in Douglas County about Douglas County citizens. I am a community activist, so I went in hot. I wanted to know what was what. And so once I got the opportunity to get the knowledge, do my own research, not what they say, because I don't believe what half of people say, period. So I did my own research. I studied, I looked, I walked that same land. They're talking about donating five times, five times myself. And I'm not a nature girl at all, but I wanted to know because I know that the Bible clearly says, study to show thyself approved. Get the knowledge for yourself. i was one of those people that went in that first meeting at the planning and zoning and said no hell no excuse my language but that's what i said until i understood the assignment i understood that the tax revenue i understood the trading center training they're trying to bring here i understood the safeties that they were putting in place to for the betterment of douglas county i understood what they were doing and so with that it will be for the betterment of douglas county because Who gives $55 million up front a billion dollars in taxes? They're not asking for a tax abatement. That was one of my concerns as well. I was concerned about the water. I was concerned about the electricity. I was concerned about, just like these other constituents, I was concerned. But I took the time to get the knowledge, what most people here have not done. You've not gotten the knowledge about what these people are doing, not what previous data centers have done, but what these people are doing.

Thank you.

Name and address for the record and then two minutes.

My name is Mr. Douglas, Mirror Lake, 1065 over Southwood Drive. I'm going to keep it real simple and sweet. I feel like we're getting caught up in the point where we're thinking it's about us, but it's really not. We gotta look down the road five, six years from now. This is not about us. This is about what's coming behind us, which is our youth. We're talking about jobs, guys. We're talking about jobs. My line of work, my line of work, I work with the youth. I'm a counselor for this state. And I work with the youth all the time. Who's graduating? And after 12th grade, and then what? They feel like they have to go to the city. When I say the city, the city of Atlanta to go make some money. They feel this way. We're out here now, we are building an opportunity where they don't have to go far from home. They can actually work somewhere near home. So it's not all about us people, it's 2026. AI is here. And we gotta move forward with the times. And if we don't, you will get lost in the past.

Thank you for that comment. Next person, please, and I have an address for the record, two minutes.

Good evening, Kentrell Porch, 4498 Edna Place, Dunsville, Georgia, 30134. I come standing in support of the data center project. Myself, not as educated or as informed on data centers other than the perceived things that I've heard over the years. Having sat in on some meetings, having sat in on seeing the plans and the development of what this can bring to this county, I think it was a good thing for the county. I think it was a good thing for the county and the cities in this in this around the counties that we can go forward and move forward with the technology with the program that they look to bring here for this days and I think it is a good thing to push this program forward and move forward with the data center and move those before a growing County growing cities that you would definitely benefit the residents and the constituents of this county as well, but thank you for your time. I do not want to hold that whole 2 minutes later much.

Thank you for your comments. Next person please, name and address, two minutes.

Dan and Lindley, 4293 Antler Court, Douglasville native. I'm here because I am in support of it and it's not because I read the articles and that whole deal. I actually been around the space for about two years. I went to a conference last year in DC that spoke about data centers and I gained knowledge as relates to it that all data centers are not created equal. The data center that's being built is not, don't look at the headlines. Most people run with the headlines without doing any research. I've done my research. I've actually talked to subject matter experts to actually ask the right questions. The only thing that we are doing here, and I'm talking because I asked this question online and I'm talking from that, that experience. When people are talking about data centers, it's just no. Nobody is asking the question, what kind of data center is being built? How does it affect our environment? What is it going to do for our, not the salaries, but the taxes here? What are some of the things that are going to benefit our county? We're just saying no. Nobody is asking the developers or the people that are selling the land the right questions. I come here today because I I'm not saying I'm a subject matter expert, but I'm asking the right questions. And that's why I'm in support of the data center because I've gotten the information that I need to move forward. I was once a person that was afraid of it because most people say it's going to waste up all our water. Most people do not know that this data center is not going to use any water from Douglas County because it's going to have medical grade water coming in. All right, have you all done I've done my research so I'm confident in what I'm saying So I stand on what I say because I've done the I've done the research if that's my time It's cool, but I've done my research and I hope that the committee make a good decision. Thanks.

Thank you, sir If y'all would please hold the company and they're not productive I Name and address for the record, please. Two minutes.

Good evening, everybody. My name is Valerie Sledge. I live at 233 Millwell Drive. And I'm in favor of the data center because it's directly behind my house. If you remove the woods, I can look at it. However, they're not going to do that. I would like to say I'm in favor of the data center for the next generation. My Bible tells me, but there's no vision that people perish. We're going to lose our young people in Douglas County. So therefore, if we do something now, somebody did it for me, somebody did it for each and every one of you up there. You didn't wake up one day and be where you are. Somebody laid the groundwork. Somebody looked out for the next generation. It's not about me. I have no children. I don't own a dog or goldfish or nothing. I'm looking out for the next generation because when I'm gone, whether I like it or not, AI and everybody else is going to come along the way. So we can't change. You're either going to change with the future or you're going to be left in the past. God bless you. Have a nice evening. Thank you.

Thank you for your comments. Next person, please. Name and address for the record in two minutes.

Good afternoon. Todd Workman, Cooperative Drive Herndon, Virginia. I'm here on behalf of Edge Connects. And I want to tell you that this is anything but a speculative project. We are a company that has a track record on a number of things. Number one, building successful data centers. We're a worldwide company. We have 90 of them across the world. 20 countries, four continents, 60 markets. Yeah, we're going to generate a lot of tax revenue. But as important as that is, it's more important for us to maintain the corporate citizen profile that you can see us maintaining in every location in which we operate. We are contributors to our communities, whether it be jobs, whether it be participants in local events, whether it be supporters of community priorities, you can see we have a clear and consistent track record for that. We look forward to talking to you more about it, answering questions that you have with regard to our best in class standards for ensuring that we are building in ways that our communities, our people, and our customers can be proud.

Okay, that's it. I will close the public hearing for those in favor and open the public hearing for those in opposition. Anyone wishing to speak in opposition, you also have two minutes per person for a total allocated time of 20 minutes. And please, again, let's have some respect so we can hear what's being said. Name and address for the record, sir.

I live in the Dog River Basin. I'll keep my address. I live on West Banks Mill Road, but I'll keep the number to myself just for my protection. I read a little slow, so y'all just have to give me a minute. We'll give you two minutes. All right. My name is Richard Strickland. I'm a landowner with a well on my property with decades of septic installation, which is environmental wastewater treatment on site. My roots here go deep. I'm not opposed to progress, but I have watched progress move faster than the consequences my entire life. I've watched communities pay the price every time. Flint, Michigan was told the water was fine. Camp Lejeune was told the water was fine. I have a father-in-law and a wife that's got a special kind of cancer straight from Camp Lejeune. So I know firsthand. As of today, or as of July 5th, we're in a drought per Fox News weather report. That being said, I'm not going to read the rest of this because I don't have enough time. If you think of it like this right here, a data center is your K cup coffee pot on your counter. When you put water through that, everything that water touches takes on whatever it touches, right? The water absorbs it. Data centers are no different. You've got chemicals and everything else inside those data centers that touch the water. Now we're going to take those particulates and run them out steam, which Northwest wind most of the time in Georgia So you got Hiram, Paulding County, Cobb County. Y'all said y'all are going to get water from Cobb County. Well, any system that's overtaxed, including the citizens of the county, fail. You can only get so much. So when the water's overdone, buying it from somewhere else, what are you going to do? We're going to have to subsidize it. WSA is going to have to pick up the bill. We're cleaning the water that come off of these things and spraying them on spray fields down here on South Georgia, South Douglas County. So with that being said, everything that goes into that water, whether it goes into the air, goes back into the ground, we have water, we have air, we have soil. We have to test all three. We have to monitor them nonstop. So the people that are building this data center, are they putting their name on there once they're gone? The first corporation that's coming in building the data center, the one they sell it to, are they going to make them sign the lease to say that they're responsible for the trash? Because, you know, it spaces out and gets...

next person name and address for the record in two minutes eileen roberts post road winston that's what data centers sound like OK, that's 365 days a year, 24-7. And I chose rural living because I love the green space. I love the tranquility. I've been walking in Clinton Nature Preserve for the past nine years. Some of us have been walking there for over 26 years. Our early dawn walks, apart from the fellowship and exercise, are enhanced by a beautiful sunrise, the wildlife and the sound of birds. The sound of birds is going to be replaced by that sound I just played. The data center proposed to join the preserve is alarming. 700 acres. I'm looking out for my next generation to 700 acres. eaten up with buildings, concrete. I'm tired of that. I want green space for my kids to be able to walk, to be able to buy a home, to have land. When there's no green space left, humanity will suffer greatly. This is for humanity. These centers are power hungry with some consuming as much energy as a medium sized city. It will directly compete with households in my community and surrounding businesses, leading to higher electricity rates for us. The cooling system of the data center will evaporate millions of gallons of water annually, impacting our shared watershed, the Dog River. All I've heard since I moved to Douglas County is Dog River, Dog River. While the center may create jobs, they are modest and specialized, and the profits will flow to distant corporations. It's distant. Google, Microsoft, they're not here. This center does not align with our community character and should be located on industrial sites with dedicated energy and water capacity, not embedded in our communities. Data centers support the AI boom, but AI is set to replace jobs for average workers. That is your time.

I'm going to keep this very short because there is a long line behind me and I want to make sure that I emphasize because what I kept hearing was very challenging because I kept hearing people say that they did the research behind this, but I too have done research behind this. I've even traveled internationally in order to be able to see how infrastructure is put in place by areas that have already built out these data centers. This is why I'm a big opponent to them, because we don't have the proper infrastructure for them. We are in a housing crisis, and it is absolutely necessary, which I have brought before this commission multiple times, where that is where our focus has been. You know, listening to some of these comments and understanding that some people are paid people to be up here and advocating on behalf of this. And I truly find that disgusting because we are talking about lives. As we're talking about what this next generation is gonna have, we are already setting ourselves up for failure and what is not going to happen in the next 10 years if we don't take authority in actually focusing on housing now data centers is not the answer as someone who owns a property still over in the tributary area value has already decreased because of the amount of data centers that have come in i don't want to see that for the rest of this county we deserve absolutely better than this Thank you.

Thank you very much. Name and address in two minutes.

Good evening. My name is Ashley Rensher. I live off Chapel Hill Road, and I'm here to ask you to vote no to the proposed 12th data center in Douglas County. No, I'm going to say off of Chapel Hill Road to protect my address, please. Douglas County has already welcomed numerous data centers. I understand the importance of economic development, but our community has done its part. We should not continue sacrificing our natural resources, our neighborhoods, in our future for another project that offers limited long-term benefits to the people who actually live here. I support bringing businesses and jobs to our county, but data centers are different. Despite their massive footprint and strain to our local infrastructure, they create relatively few long-term jobs once the construction is complete. Just how many of those few jobs are being filled exclusively by Douglas County residents? The benefits are short-lived, but the impacts remain with the residents long after the construction crews have left. If we approve a 12th data center today, what stops a 13th or 14th or 20th? Should we go ahead and change the name from Douglasville to Datasville? Douglas County is more than available land. It's where families raise children, people invest their savings into homes, and where residents expect clean water, a reliable infrastructure, and a high quality of life. This decision is bigger than just one building. It's about the future of Douglas County. At what point do we stop saying yes to every proposal and decide that preserving our community is more important than continuing to industrialize it for outsider profit? I ask you to remember who elected you, not multinational corporations or developers or contractors, but the people that live here. The homeowners who invested in this county, the parents raising children here, and the people who have lived here for generations. Tonight, you have an opportunity to draw a line and say that Douglas County has reached its limit. Please protect our natural resources, our neighborhoods, and the future of this county. Please vote no. Thank you.

Thank you very much for your time. Name and address for the record, and then two minutes.

Hello, my name is Rhiannon Maddox, and I live on Ephesus Church Road in Villareca. And like many others here tonight, I care deeply about the future of our county. Growth is inevitable, but where and how we grow matters, especially when that growth could permanently change our neighborhoods and natural spaces. The proposed data center in our county is being marketed as a closed loop cooling system, giving the impression that it will have little to no impact on our local water supply. However, QTS Fayetteville was also designed as a closed loop system, yet still withdrew billions of gallons of water from the county's water system. Company reps argued that this occurred during construction rather than normal operations. That distinction does not eliminate our concern, it reinforces it. Calling a facility closed loop does not mean it has no impact. It simply means the operational cooling system recirculates water. It does not erase the significant water demands required to build and support the facility. Air quality is another concern. Although backup diesel generators are intended for emergencies, they must also be tested regularly and may operate during power outages or periods of high electrical demand. Light pollution affects nearby neighborhoods. Data centers require extensive outdoor security lighting and large facilities often remain brightly illuminated throughout the night. Residents living near these recently constructed facilities have reported that nighttime lighting shines into their homes and changes the character of their neighborhoods. Finally, we must consider the strain these facilities place on our electrical grid. A dedicated power substation does not create new electricity. It simply provides a dedicated connection to the existing power grid. Before approving a project of this scale, we should ask whether our grid is being built to serve our residents first. When a data center is proposed beside homes and a nature preserve of all places, these impacts deserve careful consideration. This is not simply about one building. It's about introducing an industrial scale facility into a place where families expect quiet evenings, dark skies, clean air and the ability to enjoy their homes in the surrounding environment. Once those impacts are present, they cannot easily be undone. Thank you.

Thank you very much for your time.

Good evening. name and address for the record in two minutes please i'm carrie and i live on post road in douglas county my brother and i were born and raised here in douglas county we attended douglas county public schools built our careers here and today work for two of georgia's top fortune 500 companies this community gave us the opportunities to succeed in business so i want to be clear i believe in economic development i believe in business but i also believe in growth and that it should be intentional, transparent, and in the best interests of the people who already called Douglas County home. That's why I'm here tonight to respectfully oppose this rezoning request. This is not about whether Douglas County supports data centers. We already do. The question is whether the status center belongs in this location. We're being asked to approve a permanent land use change without knowing who will ultimately occupy or operate this facility. Without that information, this board nor the public can fully evaluate its long-term impacts. For a decision that cannot be undone, we should have all the facts before moving forward. This proposal is especially significant because it borders Annie Clinton Nature Preserve, one of Douglas County's most treasured natural spaces. Once the land surrounding it is transformed into industrial development, that change is permanent. The open space, the forest, and the character of this area cannot simply be recreated. I appreciate the time and service each of you gives to Douglas County. And I recognize the difficult decisions you make, but this one is different. A rezoning decision like this will shape our community for generations. I respectfully ask you to not defer, but deny this rezoning request, or at minimum postpone any decision until the board and the public have complete information, including the identity of the end user and the operational details of this facility. Douglas County has already shown it welcomes economic development. Tonight, you have the opportunity to show that we also value transparency, thoughtful planning, responsible growth, and the people who call Douglas County their home. Thank you.

Thank you very much. Name and address for the record. Two minutes.

Hi, my name is Natalie Hayes, and I live on Ephesus Church Road. It's been said that if you have all the riches and success in the world but not your health, you have nothing. That's why the health impacts of this proposal truly matter. Research from UC Riverside and Caltech shows pollution from current data centers adding over $1 billion yearly in extra nationwide health care expenses. The nonprofit Piedmont Environmental Council's recent study shows that emissions from just one single data center in Virginia that used on-site power generation costs roughly $53 to $99 million per year in health damages. Carnegie Mellon University economist Nicholas Muller estimates that data centers heap on $25 billion more of hidden public health damages and increased mortality risks yearly. Here are stats from US News showing how Douglas County ranks health-wise compared to Georgia and the nation before even suffering the health assaults from this proposed data center. Our county received a 27 out of 100 possible score on overall health care access. We have significantly less safety professionals per capita than Georgia and the nation. Hospital beds here are more than twice as hard to come by. And we have more adults whose health status already classifies as poor to fair than Georgia and the nation. 14% have no health insurance. How would this county generate the millions required to expand current emergency and medical infrastructure, plus cover the guaranteed spike in doctor, hospital, pharmaceutical, and other related costs that result from rubber stamping and mass poisoning of every living thing within a several mile radius? Even if millions of dollars magically appeared to offset these impacts, no amount of money replaces clean air and good health. Slick talking developers will be long gone when the damages manifest. Just look at their track records nationwide. And fun fact, there is no closed loop cooling system ever proven safe for our water supply, and therefore us. I do not consent. Thank you.

Thank you very much for your comments. Name and address for the record in two minutes.

Hi. Thank you for taking my thing. I do not want the status center, Sabina Kelly, Box 536 in Winston. We already approved the data center on Post Road, which is 10 miles down from Liberty. And there's no sense to have another one. I-20 is hectic enough and silly enough. That being said, I live down off of 166 and coming up to Liberty Road every day is a nightmare now because of the Peach State Truck Center that was approved to be there and it's wonderful and I'm glad it's there. I just wish they'd stay off the rest of Liberty Road and 166. That being said, I also am concerned because we have discussed this before about the tax money. And since the data centers get tax breaks, the one on Post Road doesn't. Thank you. We have not seen any tax money coming into the county. Our taxes still go up every year, and I personally am tired of it going up. I don't know about everybody else in here. We'd like for the data center to actually pay the taxes so that we don't have to pay taxes. The other thing that I found out is the state of Georgia has already approved $600 million tax break for the data centers in Georgia, and I think that's just a yearly thing. So thank you so much, and have a blessed evening.

Thank you for your comments. Now you can address for the record in two minutes, sir.

Mr. Aiken, Douglasville, Georgia, 30135. The question is, data centers provide a service for the entire Earth to benefit off of. So with that said, will the data centers lower uh water and electrical costs or bills for us locally since we're providing this service for the entire earth anybody can log into these data centers and run an online store or whatever from europe from africa wherever and on top of that will these data centers because of the popularity of douglas county being here will it create a demand that will actually result in um raising our property taxes And if the data centers actually help lower the electrical bill and the water bill, will they sort of pass the buck on to the government or the county, causing the property taxes to rise that actually compensates for the electrical and water bills? Thank you.

Thank you, sir. Name and address for the record in two minutes, sir.

Jerome A. Fitz, Chattahoochee Drive, 30135. I've made multiple videos calling Douglasville Deja Vu Douglasville the way you can drive up the street and you see multiple stores on the same block, and it makes no sense. When you talk about gas stations, tire shops, McDonald's, Dollar General's, where is anything that the community can actually use? It's been multiple times where businesses wanted to come here and y'all turned it down. Maybe not y'all in particular, but the county turned it down. That's ridiculous. We already have 11 data centers. That's the New Fairburn Road then. Why not build something that the community actually needs and wants? Forget tax. Tax revenue, that's not the only thing. And when you start talking about agriculture, that's priceless. There's plenty of things that could be built there rather than a data center. I understand technology and all that. We already have 11. That's ridiculous. Honestly, we can do better. And I think if you actually serve the community, all of you will vote no because it's the right thing to do. But to be honest with you, I don't trust none of y'all.

Yes, sir.

Good evening to the board. My name is Jackson Deacon, 6-2-2-5, South Summer Circle, Douglasville, Georgia, 30135. My family and I have lived in Douglasville for well over three decades at this point. I camped along Dog River. I camped in Clinton Park. I love this town. Neighbors and friends have already talked about the noise pollution, the sound pollution, the light pollution, the water pollution that the data center will bring to Douglas County. I'd like to focus on the benefits that East Village Dothan claims will come to our county. First and foremost, primary benefit that they claim is an alleged 200 to 300 new jobs. They provide no named operator for the site, no hiring commitment for a real employer. This is a projection intended to make their project look appetizing. Independent research has found that when data centers create jobs at all, the projections presented by developers oftentimes are three times or more the number of jobs they actually create. A study in Virginia found that the average data center being proposed of a comparable size employs approximately 50 full-time employees, of which approximately 25% to 50% are contractors. Operating data centers is among the least labor-intensive businesses in this economy, and this one will not provide any tangible benefits to our labor market. the jobs they're claiming may not exist but the costs of this project are real and they will land in the pockets of our citizens douglas county sheriff's office has already said that the creation of this data center would require up to 50 new positions and an additional 2 million dollars to their budget of which that would come from our taxes our fire department in december when they spoke to you last spoke about concerns that they would not be able to properly protect this area as it stands and they would similarly need a massive budget increase to do so Not only would the cost of police and to protect this area come directly from the pockets of our citizens, Georgia Power recently admitted in a May hearing under oath that 100% of data center fuel costs will be shifted onto residential and small business rate payers. You have the power to deny this amendment. I ask you to do so.

Thank you very much for your comment.

One minute and three seconds left.

One minute and three seconds left. Name and address for the record.

OK, my name is Maria, and I'm on Poole Mill in Douglasville. Good evening, everyone. First, I want to say that my family and I gave up city life and everything we knew in Chicago ultimately to settle here in rural Douglas County just over two years ago. And we absolutely love it here. I'm in no way against technology or progress. I learned to program computers at 15 years old and have been in IT ever since. I am 65 years old now. You do the math. I know firsthand the wonderful benefits technology can provide. I manage teams that built and installed them, but I'm also keenly aware of the harm and negative impacts that it can cause to humanity due to greed, ego, and ignorance. Words like, we have no evidence, we have no reason to believe, is often a smokescreen to plead innocent years later when the citizens are left with the mess. At the informational meeting, it was stated that two data centers are currently being built. And we have 14 to 15 locations. Now we are considering building a mega data center in addition to what we already have.

That's our 20 minutes. Thank you all very much for your comments. OK. OK. Please take your seats.

Public hearing is official.

Public hearing is officially closed. Quiet please. At this point in time planning and zoning board, do you have any questions of the developer or of staff? Hearing none, Madam Chairman, I'll throw it over to the Board of Commissioners for any questions you may have. OK.

Thank you so much, Chairman Simmons. Board of Commissioners, do we have any questions for the developers or staff? Any questions for? OK. We don't have any questions. I don't have any. Thank you very much.

At this time. Ms. Duncan, you may have a seat. Do you have something you need to add before we close?

No, sir. I believe the seats are taken, so I will stay here until such a time as the Board of Commissioners votes on this item. Thank you.

Okay, very much. Planning and Zoning Board, you have heard the discussions. You've heard the request from the applicant to defer. This is a matter that is going forward. What is your... desire to have a motion to defer or do I have a motion to approve or deny the him 2026 dash 0, 1, the map amendment.

This is Melissa Polk I'd like to make a motion to deny agenda item M 2, 0, 2, 6, dash a 1.

I have a motion to have a second. Do we have any discussion. Hearing none, I'll call for a vote. All in favor of the denial of M2026-01, please raise your hand. Madam Chairman. I am 2026 days 0, 1 comes to the board of the unanimous recommendation for denial.

Thank you so much. Chairman Simmons. What commissioners you've heard all the questions and answers. Do we have a motion?

Yes, manager. I'd like to make a motion to deny as 2026. That's your second.

We have a motion and a second. Any discussion board?

Yes, Madam Chair. Just so that we're clear, I have heard you. I have received all the calls, all the emails, everything from my office we have heard. But there's things that are really some really misconceptions out there that just some people really need to understand. understand this family's gonna sell that property something's gonna come there and it may bring a lot of traffic it may cause even worse that area but no please please hold your comments if you would but I've listened to both sides I have and to think that we sit up here and this is a easy decision to make because let me be honest and very clear also Whether you know it or not, these data centers, once these others come off the batemans, nothing that had to do with this board, but once they come off batemans, they're gonna bring revenue and it's what's gonna be great to the county. We're 25 years behind in our road infrastructure. That money has got to come from somewhere. Our county continues to grow. More traffic, more warehouses being approved, not by this board, but other ones being approved throughout the city and so forth. There's a lot that we stress over to think of, what can we do to where we do not have to raise your taxes? Because insurance, please just give me a moment, the insurance on the Sheriff's Office goes up $2 million. air systems going out throughout the county we're having to repair the roof here on the courthouse millions of dollars and that money has to come from somewhere and so we think what we try our best to sit there and be open-minded to think where can that money come from so we don't have to raise your taxes not saying now quit with the negativity it's already been denied but i'm just wanting to explain to you A lot that we have to go through up here trying to make sure that this county is best. It is not the easiest thing to sit in this seat. I will tell you that. And I will tell you, I did not have gray hair three years ago. But we listen, and we do the best that we can. We know, regardless of whatever, we're going to make somebody mad. One way or another, one side's going to lose and somebody's going to be mad. But we sit and we pray. I know at least I pray about it, and I believe my fellow commissioners do as well. And we just do the best and make the best decision we can for the county. But just please keep that in mind, that they wish to sell. So something's coming. But with that, Madam Chair, I yield back.

Thank you so much, Vice Chair. Do you have any other remarks? OK, with that being said, for every yes, there is a no. But I want to say this, that I appreciate everyone, once we brought it to your attention, to please stay within the guidelines of decorum. And you did that as best as possible. And I appreciate that. Certainly, it is tough sitting here. We're listening just like you are. We're listening. I'm trying to take it in so I can process. And I really appreciate your patience with us while we listen, but it's tough sitting here. and hearing all the mockery and the just, you know, things that I'm thinking that just really in my mind I'm surprised because Douglas County, we're better than that. We're listening. We hear you. We hear you. The heckling and the clapping and all the noise. I hear you. We hear you loud and clear. Okay, so I guess I worked in surgery, so we're real quiet there, but we hear you, we're processing. With that being said, we have a motion and a second on the floor for denial. We have a motion and a second on the floor. All in favor of a denial, please indicate by raising your right hand. Commissioner Mitchell, are you, where are you? Commissioner Mitchell?

I'm not for denial.

Okay, so you're not for denial. We have a 4-1 vote and the motion carries for denial. I yield the floor back to you.

Mr. Chairman, we still need to please take up the rezoning and the special use permit if we could have a motion on those items, please.

Okay, if you all would stand by with us just a minute. We need to clean this up. Planning and Zoning Board, I need a motion on Z2026-56, the rezoning request.

This is Melissa Polk. I make a motion to deny agenda item Z2026-56.

I have a motion to have a second.

Point of order. Point of order. It's actually 5-7 on my paperwork. Is that correct?

Zoning is 5-6. Special use permit is 5-7. I apologize.

Go ahead.

Second. I have a motion. I have a second. Do we have any discussion? Hearing none, I'll call for a vote. All in favor of denying Z2026-56, please signify by raising your hand. Thank you very much. That's unanimous, Madam Chairman. Z2026-56 comes to the board with a recommendation for denial unanimously.

Board of Commissioners, you've heard all the questions and answers. Do we have a motion?

Yes, Madam Chair, I'd like to make a motion to deny Z2026-56. Second.

We have a motion and two seconds. We have a motion and a second. Any discussion board? We have a motion and a second. All in favor of denial, please indicate by raising your right hand. Commissioner Mitchell, where are you? I get it. I can see you. Thank you for one. And the motion passes for denial. I yield the floor back to you.

Thank you very much. Now, planning and zoning board, I need a motion on the special use permit Z 2026 dash 57. Do I have a motion?

This is Melissa Polk. I'd like to make a motion to deny agenda item S's and Sam two zero two six dash five seven.

I have a motion and do I have a second? Second.

Board of Couriers, second.

I have a motion and a second. Do we have any discussion? Hearing none, all in favor of denial of Z2026-57, signify by raising your hand. Thank you very much as unanimous madam chairman Z 2026 days 57, I'm sorry yes 2026 days 57 comes to you with a recommendation for denial.

OK, thank you so much Jim Simmons what a commissioners you've heard all the questions and answers.

Do we have.

Madam chair like to make a motion to deny as 2026 days 57.

OK, we have a motion and a second in the discussion board. We have a motion in the second all in favor of the now please indicate by raising right hand. Commissioner Mitchell, I know you are where you are. OK. We have a 4-1 vote, and the motion carries for denial. I yield the floor back to you, Chairman Simpson.

Thank you very much, Madam Chairman. That concludes that. Next agenda item. We might want to take a pause and let folks leave that are not involved in the rest of the meeting.

Thank you all so much for listening. Thank you very much for standing.

ITEMS Z2026-41 AND S2026-42. THIS IS A REQUEST FOR REZONING FOR RESIDENTIAL LOW DENSITY TO GENERAL COMMERCIAL AND SPECIAL USE PERMIT FOR A CONVENIENT STORE WITHOUT GAS PUMP AT 14750 VETERANS MEMORIAL HIGHWAY. THE LOTS ARE 0.82 ACRES TOGETHER. THIS IS IN COMMISSION DISTRICT NUMBER 4. SO 14750 VETERANS MEMORIAL HIGHWAY HAS A STRUCTURE. IT'S ABOUT 1,836 SQUARE FEET. property at 14750, 0.19 acres, and then the property next to it is a parcel without an address, 0.63 acres. It's separated with the remainder of the property by the Norfolk Southern Railroad, so it's non-contiguous. The applicant's proposing to use the existing structure as a convenience store and use the property next door, rezoning it to commercial for the parking and then septic tank infrastructure. You all saw the case previously in July of last year. The applicant's proposed only to outfit the existing site at 14750 Veterans Memorial Highway with no modifications to address septic or parking. So the inclusion of that additional parcel is for the septic and parking concerns. The proposed use doesn't involve the siding and gas pumps. It's similar to small-scale retail operation. The site plan has been reviewed by the Development Review Committee once as a preliminary concept design, so additional work needs to be done, but they've at least heard our comments and have addressed a little bit of them. The sites are physically separated by established single-family detached residential uses by Norfolk Southern Railroad. It's better illustrated by this picture. You can see the parcel is not contiguous across the railroad. And so the subject site plan is here. They're using the property next door for the parking and the septic considerations. Staff's recommending approval of the rezoning request based upon the following findings. Number one, the rezoning will not modify the comprehensive plan or the intent, purpose, or spirit of the Unified Development Code. Number two, the rezoning will not adversely affect public health, safety, or welfare. And number three, the use of the site as ancillary parking and septic tank infrastructure area for the abutting site at 14750 Veterans Memorial Highway is appropriate given the limited viability of the site. Staff's recommending approval with conditions of the special use permit based upon the following findings. Number one, the use will not modify the comprehensive plan or the intent, purpose, or spirit of the unified development code. Number two, the use will not adversely affect the public health, safety, or welfare. Number three, if the existing deficiencies of the site are addressed through the development review committee process, a land disturbance permit obtained, and improvements completed, the use would represent orderly development of commercial use. Staff's recommending the following conditions on the special use permit. Number 1, the portion of 2770 Tyson Road, which is the non-contiguous piece, intended to be used by the applicant must be formally split and recombined with the property at 14750 Veterans Memorial Highway through an approval of the subdivision plat deed execution appropriately titled and referenced. Prior to the issuance of a land disturbance permit, number two, the applicant must receive a land disturbance permit within 12 months of this date of approval, if approved, July 7, 2027. All agency impact statements included as part of the staff report shall be adhered, in addition to any other requirements of the Development Review Committee. At the one-year mark from approval, staff will conduct a routine site visit and coordinate with DRC about the status of land disturbance approval. And if a land disturbance permit has not been approved, staff may return the application for a show cause hearing to rescind the special use permit. Number 3, the applicant shall install a 5-foot sidewalk with a 4-foot side median along the entire property frontage of Tyson and Veteran Tyson Road and Veterans Memorial Highway or make payment to the Douglas County Sidewalk Fund in lieu of the sidewalk installation. And that concludes my presentation. I'll be happy to answer any questions you have.

Thank you very much, Mr. Cronin. At this point in time, I'll open the public hearing. Anyone wishing to speak in favor of this application, including the applicant or the applicant's agent, please approach the podium. You have two minutes per person. Is the applicant or the applicant's representative present? If you would approach the podium, I have a question for you, please. You've heard the conditions that were read into the record. Are you in agreement with those conditions, sir?

Yes.

Okay. Any comment you'd like to make?

No, I'm good.

Okay. Thank you very much. Thank you. Thank you. no one else wishing to speak in favor of this i will close the public hearing there and open the public hearing in opposition anyone wishing to speak in opposition please approach the podium this ain't no one moving i'll close the public hearing on this matter planning and zoning board do you have any questions of the applicant or of staff Hearing none, Madam Chairman, I'll throw it to the Board of Commissioners. Any questions you may have of the applicant or of the staff?

Okay, Board of Commissioners, do you have any questions of the applicant or staff? Yes, Madam Chair. Vice Chair, you have the floor.

It's going to be for staff.

Yes, sir.

So, just to refresh my memory, so this is the... little building, but they didn't have enough last time in regards that extra additional parcel for the septic tank or also for the required parking.

Yes, sir. So what you see on the site plan there represents kind of a path forward that we worked out between the last meeting in this meeting. So acquiring that additional sliver of a property gives them enough flexibility to work with our DOT on the parking concerns and access to the property and to work with our environmental health department on the septic tank.

Okay. All right. I'll go back, Madam Chair.

OK, thank you so much. Any other concerns? OK. Are you able to go back to the chairman? Thank you very much, ma'am. Just one second. Commissioner Kenneth Jones, you have the floor.

My question is for the applicant.

Yes, ma'am.

Are you already operating a convenience store at this location?

No.

And what type of foods and products will you be selling in the convenience store?

We're not going to sell a food, preparing food, but packaged food, we're going to sell it. So it's only going to be a packaged food.

Now you're back. Okay, thank you. Thank you. And you look for back to you.

Thank you very much planning is only board. You've heard the discussion and the questions do I have a motion on we have 2 items on the zoning see 2026 dash 41. I have a motion to have a second.

I have a motion in the second we have any discussion on.

Hearing none all in favor of approving the request Z 2026 dash 41 zoning. Please raise your hand. Thank you very much all opposed. Thank you. I'm chairman of the 2026 dash 41 comes to the board with a recommendation. Excuse me for approval.

Okay, what missions you've heard all the questions and answers to we have a motion.

Yes, ma'am chair like to make a motion to approve as the 2026 dash for one.

We have a motion in the second in the discussion board. We have a motion second all in favor for approval, please indicate by raising right hand. All opposed. He said approve for one vote. And the motion carries.

Thank you very much, Madam Chairman. Planning and Zoning Board, I need a motion on the special use permit for a convenience store without gas pumps, ZS2026-42.

I make a motion to approve application S2026-42.

I have a motion. Do I have a second?

Second.

I have a motion and a second. Do we have any discussion? Hearing none, all in favor of approving S2026-42, please signify by raising your hand.

All opposed?

Thank you very much. Madam Chairman, S2026-42 comes to the board with a recommendation for approval.

Okay. Thank you so much, Chairman Simmons. Board of Commissioners, if you've heard all the questions and answers, do we have a motion?

Yes, Madam Chair. I'd like to make a motion to approve S2026-42.

They didn't have a second so that the motion in the second in a discussion board. The mission to Kenna Jones you have the floor.

I just would like to put on the record. I think that that was County has an overwhelming number of convenience stores. Pre package locations and not enough stores that have food that provides appropriate sustenance to help us get our health care rating up to where it needs to be to have healthy children healthy adults to stop some of the issues that we already have occurring and like the gentleman said during public comment on one of the previous things it's how much duplication of the same thing do we need as a county and with that madam chair yield back okay thank you so much commissioner kenneth jones any other discussion

we have a motion and a second floor all in favor of approval please indicate by raising your right hand i'll oppose okay commissioner mitchell i'm assuming i didn't hear you commissioner mitchell okay so it's four one quote and the motion carries okay thank you very much good luck to you

Next agenda item, please. Mr. Karunan.

Yes, sir. Our next agenda items are Z2026-47 and S2026-48. This is a request for rezoning from general commercial to heavy commercial and a special use permit to allow a convenience store with fuel pumps at 10603 Veterans Memorial Highway in Lithia Springs. This is in Commission District Number 1. The existing multi-tenant building was constructed in 1948. There are no active occupational tax certificates or business licenses issued for the site. There are no dedicated resources... And that's what's encouraged along this corridor, especially because of the history with Veterans Memorial Highway and the GDOT plan. So if the site were successfully repurposed, it may catalyze other sites to do the same. And as you can see on the aerial, it fronts three roads, South Sweetwater, Veterans, and Florence Drive as well. And the convenience store would be at the very end where the current tire store or previous tire store used to be. with multi-tenant spaces. GDOT's requesting rear angle parking along the frontage on Highway 78. Vehicles will be approaching at the signalized intersection of Highway 78 and South Street Water, and they should be slowing in anticipation of the intersection. Backup cameras have been required in vehicles since around 2018. It assists in areas where the rear angle parking is required. Douglas County DOT and Georgia Department of Transportation continue to collaborate about the final parking location, signage, striping, all of those things. The applicant has provided some renderings of what the property may look like if this is approved. So it would be a reskinning of the building and updating of the facade with brick exterior and the canopy at the very end on South Sweetwater. Staff's recommending approval with condition of the rezoning and the special use permit request based upon the following findings. Number 1, the rezoning will not impair the comprehensive plan, the intent of comprehensive plan. Number 2, the use will not impair the intent of the unified development code provided that the existing building is adaptably reused. Number 3, the rezoning and use will not adversely affect the public health safety or welfare. Staff's recommending the following condition. Number 1, the site plan and elevation submitted as part of the zoning application shall be binding to any exterior modification proposed on the site or any modification to the existing structure on the site. Any deviation from the submitted elevation package or the site plan would require a review and consideration before the Board of Commissioners. The Director of Development Services has discretion to determine if, where, and instances of minor modification, the change will not impair the intent of the approval and will not deviate substantially from the elevation package submitted. And that concludes my presentation. I'd be happy to answer any questions.

Thank you, Mr. Cronin. At this point in time, I'll open the public hearing on this matter. Anyone wishing to speak in favor of this application, including the applicant or the property owner, please approach the podium. I have two minutes per person for allocated time of 15 minutes. It states your name and address for the record in 2 minutes.

Yes, my name is Marissa bridges one there to East Main Street sweet to 20 Canton, Georgia 3 a 1, 1, 5, I'm here to represent the developer and this we are trying to go for a classic old town feel where we are keeping the existing building refurbishing the exterior as he had mentioned the end cap would then be removed the tire store also had a canopy to begin with that canopy would then be replaced with the addition of 2 fuel pumps Again, located at that end cap area. The lights on this area will be night sky compliant, then to be able to shield away from any of the residential neighbors or any of the other commercial developments around this area. We will have a GDOT review and approval as discussed that I know the county and GDOT's already been in discussions and we've already had pre-applications with meetings with them also. feel that we want is community orientated with sit down restaurants, a coffee shop, where there's other pools into the area where it's not just the focus on the convenience store, but it's also the other tenants with possible spaces for availability in this infrastructure. I'll leave for any questions.

The only thing I have, do you heard the condition that was read in? Are you in agreement with the condition?

Yes.

Okay, thank you very much. If you would stand by, we may have some questions. Anyone else wishing to speak in favor of this application? Seeing no one moving, I'll close public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition? You have 2 minutes per person for allocated time of 15 minutes if you would state your name and address for the record and then 2 minutes.

Good evening. My name is Tammy roads. I live on plantation drive in Lithia Springs and my concern. Very simply the area in which we're talking about and it was only put up there for a split second is there any way to put that picture back up. That's my first question. My second concern is while we do need redevelopment, and I do think that it is a good idea to have more of a small town field there in Lithia Springs, the current building is dilapidated. It's actually falling down. My concern though is another convenience store, another gas station. That's that is my concern because we have gas stations. I mean, a block away. If we were doing a restaurant, if we were doing some other kind of business there to enhance that feel great. But when we have gas stations, people tend to order It just becomes a more for lack of a better term a ragged looking corner that don't want that so that's my concern. Thank you.

Thank you for your comments. Next person please name and address.

My name is Brandi Rampley, 6965 Shannon Drive in Lithia Springs. I live off of Old Beulah, if you're familiar with the area. We have approximately four gas stations less than a mile from where this one is proposed. We have also a fifth one that is 1.2 miles from that location. We have this location here, which is a very thin parcel. already the county i believe came in and just put a big cement median kind of on the curb to keep people from going into the parking lot there this intersection is not a good intersection already we do not have turn signals from south sweetwater side or from higher olympia springs side we do have 18 wheelers that come from both of those sides we have dump trucks so they're not staying to just veterans memorial We also have the traffic there when I-20 backs up that they come zooming in and out of there. We also think about the children during school time. The other side road is Florence Drive that goes to Lithia Springs Elementary School and to Turner Middle School. There are buses and parents that come in and out Florence Drive trying to get into traffic or to get into the school. We also have a gas station, let's see, I'm sorry, I already said that. We have four gas stations that are going in each direction. There's actually two by Old Beulah, where near I live, that are 0.5 miles. So this is an overabundance and a saturation of gas stations right in that area, I do believe. It would not be bringing anything, and as the nice lady said, yes, this is a dilapidated building. Yes, the canopies are falling down, but this is not the way to get that to better the building. Let's think of another use for it, and let's think of something that would be better for the community instead of just another gas station. Thank you.

Thank you for your comments. The next person, name and address for the record in two minutes.

Hey, my name is Matthew Hendren. I live at Ansley Boulevard in Lithia Springs, Georgia. Just first, I would like to respectfully, Mr. Alcarez, I understand that it is hard to sit in conflict and deal with the things that you all deal with, but it is your job and you signed up for this. So thank you for doing your job, but you need to keep sitting in discomfort and keep showing up for us. I would like to parrot everything that has been said already about this particular project. We don't need just another gas station. It's not even just a mile. It's a quarter of a mile. There are four other gas stations. And within 150 feet, there's a convenience store called Dollar General. Within another 300 feet, there's another convenience store called Family Dollar. We don't need it. We just don't. we look at that intersection every single day my wife and i and my and our kid and yes it is the lab yes the applicant has said oh we want to spruce up the downtown area maybe there's you know room for shops and little stores and all that pick a side you can either have a gas station or want to spruce up a little downtown area it doesn't coincide and go the same it's not the 60s anymore There's a gas station if y'all want to approve a gas station and if your if your plan for business is to be a gas station There is one right down off of the exit on Lee Road on the other side Which was a formerly existing gas station that already has the wells drilled. It already has the foundation to be a gas station There's just no longer a building there If you want to build it be a gas station go there give them incentive to build there if you want to be in a storefront and build for the community and do that, but you can't have it both ways Thank you

Thank you, sir. Next person, name and address in two minutes.

Lori Hollingsworth. I live on Forest Drive, which is Union Grove in South Sweetwater and Ben Hill. I drive this intersection probably 100 times a week. I sit through the light because there is no turn light there. There is a side road coming off with people. Sometimes when I'm coming from the library, we sit there five or six times through this light. It shocks me. I'm not going to mention all the gas stations that y'all heard it. They're there. The convenience stores are there. The intersection is dangerous. I can't come across the track sometimes because there are people coming from that side road blocking where you can't come across. There is no turn section. to safely turn. People run that red light all the time. The semi trucks, the huge commercial trucks come all the time. The road is not in the best condition. It is unsafe to live there in this community. I've lived in my current house for four years, and I've been a Douglas County resident for 25. And it is shocking to me that our zoning committee would approve another gas station convenience store at such a dangerous intersection. Yes, we need a small town feel. Our downtown is sad when you drive town through the little towns of Georgia and you see them and you see the small towns that are nice and that are developed and have the little shops and have the little, you know, things where people can park safely and walk and go out. We don't need a convenience store. We do not need a gas station. And we need that intersection to be the focus of this council so my child and I are safe and not in a head-on collision or not getting hit because there's not a turn line there. School buses wait seven or eight times to go through the light from our schools, our children, of our community. The future of our community is sitting at that intersection on a school bus. No air conditioner on a school bus. That's, you know, OK, but they're sitting there and they're not safe because it is not safe to make that turn. And it is not safe to go to that intersection. And we do not need a gas station here. It needs to be redeveloped. An intersection needs to be redeveloped for the safety of our community.

Thank you very much for your comment. Anyone else wishing to speak in opposition? Seeing no one moving, I'll close the public hearing on this matter. planning and zoning board you have heard the uh oh i'm sorry uh let me turn it over to y'all for questions that you might have madam chair thank you so much james and this board of commissioners you have any questions regarding this intersect one minute i'm trying to see

I believe the Planning and Zoning Board should perhaps give the opportunity to ask questions and answers. It's been a tough night. Again, thank you for doing an excellent job.

Okay, Planning and Zoning Board, do you have any questions of staff or of the applicant? And I have a question for DOT. Bruce, before we all get y'all shot. Could you talk to me about that intersection and how adding two gas pumps right there is going to affect the egress and the regress on that section, please?

I will, to the best of my ability. As it's shown, there's two gas pumps on the eastern side of the building. There appears to be entrance only from veterans that were turned right into the gas pumps or into that eastern side of the building. I will state that the county already has a project, a widening project, Lee Road widening that expands into South Sweetwater that will actually expand all the way to the intersection at Veterans. at the intersection. There will be a concrete median separating the north and southbound traffic. So there will be no northbound left turns into this particular dwelling, you would have to turn left on veterans and then turn left and come through Florence to access that. That's kind of a targeted for a 2029 completion date. But that's that's what we're looking at for road improvements. At the moment and I will go ahead and just add we heard some questions about the safety and the difficulties of getting through the intersection. The one thing that hinders us there is the railroad tracks. is not that wide and until we get the railroad to buy in to widen that area. We cannot add any additional lanes for the Southbound movement from North Sweetwater to South Sweetwater.

On that design, does that take into consideration your expansion?

It will it will yeah well so you'll you won't need to take any of that property you know we've already moved we've seen this property in DRC two or three times and and are making some provisions for the counties project and we've worked out of the mention that would be needed and we have said that to the engineer stating that's a requirement okay thank you very much show anyone else have any questions for Bruce okay thank you very much certainly any other questions planning is only more

I got a question for the applicant. Is there any traffic study done on how much traffic the gas station would produce?

Yeah, there is a traffic study and was provided during our DRC meeting. It was also provided to staff during the submittal process.

Okay, do you have any knowledge on that?

The traffic count, I believe, I would have to look at the report again. I do apologize for that, but it would be essentially almost the same, especially with the scenario of the concrete median being in the eastern side that we've already taken provision to that, that it is represented on the site plan so that it will also then be a restrictive movement into the development from that area. Also, then working with the DOT with the rear movement coming in, we've worked with them specifically on that and also with Bruce with knowing that that rear movement would be provided. And then on the western side on Florence Drive, that would be along the existing concrete apron that's already provided there for the entrance. And that would just be improved with the curbing and gutter and additional asphalt for the repaving on that entrance right there.

Okay. So when you consider your neighbors, when you consider the people that, you know, this impacts and can be a benefit for, um, has there been any consideration for, um, the facelift side and the restoration of the lots, but not adding the gas station portion? Because it seems that that's the biggest struggle that the desire for the people is a facelift and something to look nicer but the concern is the redundancy of convenience store and the redundancy of the gas station portion so has there been any consideration by your client or yourself to consider doing this project without the gas station addition

Right now our consensus is with the gas station with provision of only providing two pumps. I know that several of the public have spoken about the gas stations within the area, but gas stations in this area I think is a little over 1.2 miles. There are about four gas stations, but those gas stations do have a numerous amount of pumps, a lot more than the four pump scenario. I believe three of the four, when I was looking at it, don't have any other available tenant options than to be able to provide different services to the community and different services to the public. Say a flower shop, a coffee shop, or anything of that scenario. So those other gas stations don't have that possibility for that extra tenant space for then it to be occupied.

So if we were to encourage you to get more creative with the gas station space, would that be something that your client would consider?

I'm in in regards to eliminating entirely or find some some type of other occupancy at that that far corner right now the intention is for the gasoline station on that in cap with the 2 additional pumps again revitalizing the area and then I don't know if the landscape plan is on the power point but they will also be up to the landscape ordinance and requirements of trees provisions any type of other additional buffer and screening that does have to be provided. So there is a landscape consideration also into that area.

So ultimately, you don't think there will be any consideration of a change if we were to defer this that your client probably wouldn't be up to?

Oh, I can definitely bring it to them. That is a definite possibility of something that I can bring an option to if that is what staff recommendation is, that I can definitely, you know, source that out and see what their input is on that.

Yeah, because I see it seems like that's the biggest struggle other than you. Thank you, Allison. Yeah.

Just to give you a little background on this project, the first time it came to us, the the owner did want to just completely scrape the site and build a more traditional gas station. Right. And so the staff recommendation on that would have been to deny outright as we kind of take a go. Which way is this? Right. So as we kind of look at the sort of what we're dealing with here just kind of want to point out we've worked really hard to figure out what could we do on a property that basically predates all of our modern zoning requirements right as Austin said this was built I think 1948 if I'm correct about that right so Douglas County didn't start zoning until 1954. And so when we looked at options for site redevelopment, the thing that makes it really tricky is you have the three roads, right? So you have the state highway and then you have the two roads. So when you start looking at our modern setbacks and things like that, it takes so much of the property to be able to redevelop anything that staff encouraged the developer to, hey, look at look at using what you have already. And so that's where we kind of came up with the design that focuses on extending the canopy. So the existing canopy that's there will be removed. The new canopy will be shorter than the existing canopy and it will have two fuel pumps primarily to just drive traffic to the convenience store. Right. And so then to just underscore, I also want to go back to the site plan and I'm sorry that um austin probably knows this better than i do in terms of which way i should go but we are preserving the six leaseable spaces or the owner is preserving the six leaseable spaces that are already there right so i hear the the point on the gas station and i just wanted to supplement that with the information that when the owner tried to build a traditional gas station or design a traditional gas station on this property it just wasn't going to work And I think that given the fact that we have an older building in a more densely developed area, working with what we have gives us a pretty good option for redeveloping on this site, even if it does include the two fuel pumps. Sorry, just to clarify. Thank you.

I have no further questions. Any other questions?

Yes, I have a couple questions. You mentioned that a coffee shop or some other type of restaurant, do you have anyone that has approached you regarding those running that letter of intense.

I'm not aware of any specific letter of intense, but I know that he has been actively marketing the area to see what can be brought in. So as for letters and the tents that have been signed, I'm not aware of any at this point.

Okay. Thank you.

I mean, hearing none, Madam Chairman, this time I'll give it to the Board of Commissioners for your question.

Okay, thank you so much, Chairman Simmons. Board of Commissioners, do we have any questions at this time? Commissioner Kenna-Jones, you have the floor.

This question is for staff. So when is when you're talking about the gas station is it just that they actually need gas pumps or where they opposed to having a business come in that is willing to use some of the infrastructure that currently exists, but it is not actually a gas station. Right.

So I think the answer to your question is both the the person who acquired the property, acquired it with the intent of building a gas station on the property. And as they were working through the design review process, it became clear, right, not only that they weren't going to get a favorable staff recommendation for that, but also just the site constraints made it very hard to redevelop it for a gas station or quite frankly anything else so that was where we engaged in a conversation to say well what happens if we kind of split the difference if we look at maintaining the existing building footprint which has multiple leaseable spaces in it and then again my understanding is they are looking for the two gas pumps to drive traffic to the convenience store because ultimately that's their industry that's the business that they're in

When you say hard to develop for anything else, is that a constraint because of the available parking, because of the location?

It's a constraint because of the parcel, essentially, because you have US 78, which is going to require a certain setback, as well as South Sweetwater and Florence Drive. So that essentially narrows that building envelope significantly. And then when you factor in parking, buffering, landscape and setbacks to redevelop anything substantively on this property, you would have to grant so many variances that essentially you're kind of back to the existing building footprint that we have already. So again, I think as Austin said in his staff recommendation, we struggle with the fact that GDOT put a plan out there 20 years ago that said they were going to widen US 78 and that hasn't come to fruition. As Bruce had said, we struggle with the fact that it's so close to the right of way of the railroad and that limits our ability to redesign.

So is it that the business is opposed to developing in the current square footage or is that that staff did not recommend to develop in the Courage square footage. And I'm asking these questions because I'm thinking about businesses like in Houston, Texas, they have 8 Row Flint. It's in a 1950s style gas station that has two pumps, a little overhang, but it's a wine and tap bar. So they're not actually having people that are coming there to get gas or go to a convenience store, but they still have the same space constraints.

So, again, I think on here, if I understand your question correctly, that is what you're getting with this. You are getting space where you could put the types of commercial uses in that I think would be desirable for a small downtown.

I'm saying, though, as opposed to there being a convenience store, in the space where the convenience store and gas pumps are, are they opposed to doing anything else? And are the constraints you're talking about that that space cannot be used for something else, or that's just not what they prefer to do in that?

Well, so again, my feedback on this property would be that if you would like to defer to August 4th, we could get further clarification from the applicant. The owner or I guess the owner of the applicant, their industry is gas stores, right? Or excuse me, gas stations with convenience stores. They were willing to work with us on using the existing building footprint in terms of whether or not they would be willing to do something else that is not including a convenience store or gas pump. I wouldn't be able to speak to that. But would say that we have looked at it from multiple angles and we do have a very difficult parcel to redevelop given our current standards.

And then for the representative of the applicant. Did the applicant have any opportunity to meet with the neighbors or the people that live in this general area? And if so, what was their feedback?

Well, I know I attended the public participation meeting where I know it was posted for people to be able to come and have feedback. I have not personally or known of anyone going around and speaking with their direct neighbors, but at that public participation meeting, there was not anyone that came and did speak with me at that time where I was ready to, you know, speak any questions that were presented to me at that time.

And are you opposed to a deferral or would you rather have a decision this evening?

I'm not opposed to deferral, you know, at this point, so we can regroup and then we can definitely take other staff in board consideration into account. Madam Chair, I yield back. Thank you.

Okay. Any other remarks or questions? Commissioner Baxter?

All right, thank you. So the first one is for staff. As in regards to cold and cold enforcement tell me tell us a little bit I'm hearing about the current condition, what are some of the issues from a cold enforcement perspective that's currently in place for this particular location.

So if your question is are there any active code violations, I don't know that there any active code violations on this property we did not receive that impact back from code enforcement that there was any active violations.

Okay, so no active violations for the property, okay. And then this is for the applicant's representative. And I think you're getting a sense in regards to thinking outside the box, outside of a traditional or outside of gas station, what other types of businesses, even outside of that particular end cap, if you will, what you think or is being thought through to have come in or to go out and to have conversations to attract to this particular site.

So are you saying specifically for the NCAP scenario with not doing a gas station or fuel service? Again, that is me representing them. That is the industry that I'm in to represent. We have been very cognizant working with staff. We actually did a complete design to show staff about a year and a half ago where it was just going to be just for the convenience store. But that's what staff recommendation and input and then communicating with all the departments that were needed. It was the best feel to keep the existing building the way it is, incorporating with the fuel pumps and the gas scenario that we do need for the industry that we're representing. But again, it's going to have more of that old town look, old town pump feel where there are only the two fuel service areas. where it's not like one of the larger gas stations where you've just got a sea of fuel pumps like a Buc-ee's or the larger QT's or anything like that. It is more of a very intimate scenario where there are only the two fuel service pumps and PDs in those areas for that. So again, the in-cap scenario with the convenience or fuel sales is, you know, one of the items that we were wanting to go forward with. So I'm sorry if that doesn't answer your question specifically, but we have, you know, put a lot of thought into it, a lot of consideration, utilizing the existing building footprint, not demoing the building and just using the existing area that we do have. But again, incorporating the two MPDs, the fuel pumps, at the end.

All right. Let me ask this then. With two new fuel pumps, what type of new jobs would be created?

Generally with the staff, I mean, there's anywhere from three to possibly four staff at the highest scenario, but generally it is the two person staff that's able to sustain that business itself. Again, that is just for the convenience store, but also any other tenant that is then brought in that is there will also then have the additional staff, additional jobs for the local community in that area. Okay, so you said about 3 to 4 for yes, maximum maximum staff staff that is correct, but generally it would be about 2 employees that would be there present.

Okay, and then with that what is the economic development forecast that is being projected if you have any or the run. I don't have any input on the economical forecast for that area for that knows that for this particular site if approved with 2 gas pumps.

I don't have any of the information for the economic. I'll actually, you know, input that's going to be there for the convenience store for itself in any deferment of, you know, what was there currently or before, which was the tire shop. So I don't have any of the, you know, impact information for the different uses right there. I apologize.

No worries. All right. I think you heard future development on the construction of the widening with the barrier or the center.

Yes, and that would be on that eastern lane. So we do have that on the site plan in consideration where we did receive it from Bruce. So we kind of indoctrinated that plan for that area right there for that concrete median barrier.

Okay, because I'm just thinking as far as even getting and turning into there, that's really I'm looking at maybe one or two ways to turn into the pumps.

yes i mean with that definite concrete median it does restrict that movement coming from that side road so that would be a right in right out entrance coming on that side and again coming from veterans memorial that would also be then a write-in scenario coming in to be able to access those fuel pumps which creates a limit or very good that is correct it does it does limit the entry right now it kind of is page from property line to property line out there.

All right, thank you, thank you, I'm sure you'll for back to you.

OK, thank you commission Mitchell that you have any remarks. I know this is in district one.

So, Madam Chair, Commissioner Mitchell did send me a message that it would be his desire to defer. I don't want to preclude him speaking if he is to a place where he can address that directly, but he did send me a message that he would prefer if we deferred this. That would be to the August 4th meeting if it is the will of the board to defer. Okay.

Thank you. I do have a question for DOT, Bruce.

Allison, that would be my request.

Yes, we heard you. I'm just asking about turn signals right now. I understand there was, I heard several times there's no turn signal at that intersection. Are there plans? I know you over traffic operations. Can you add a signal? How difficult would that be?

Yeah, I'm pretty sure. The citizen was talking about the southbound movement coming from north Sweetwater, traveling south. There is not enough room at this time. It's like 27 feet and some change. Now there's an ongoing traffic signal improvement, a small project to add a northbound FYA. It's a flashing yellow arrow in the northbound direction. However, there's already an existing northbound left turn, so there's nothing additional. It's just some traffic signal head improvements. Another citizen mentioned about a concrete barrier that was placed. We had that installed there because there's a new strand pole that will hold up the span for the traffic signals, and we put that barrier there so that large trucks would not hit the traffic pole. But until a time that the railroad comes with a project to widen the gates and expand the gates, there's just not enough room for us to add an additional lane in the southbound direction. The southbound is the issue.

OK. Thank you. Certainly, Lithia Springs is our firstborn. And that's what I always say when I'm speaking of Lithia Springs. And certainly, it sounds like we haven't had any enhancements in that particular quarter since 1948. It's exciting to hear some good things potentially coming down the pike, and I'm going to certainly yield and certainly honor and respect Commissioner Mitchell, who has just sent a message that he'd prefer to defer, and I'm going to yield the floor back. But I want to make it clear that Lithia Springs is our firstborn in Douglas County. And I yield the floor back to you.

Thank you very much, Madam Chair. You have a state. Planning and zoning board, you've heard the discussion. You've heard the request for I have a motion.

I make a motion to defer application Z2026-47 and S2026-48 to the August 4th meeting.

Second. I have a motion and a second. Do we have any discussion? Can we do both of these at the same time? for deferral. Okay, thank you very much. Planning and Zoning Board, all in favor of deferring Z202647 and S202648 to the August meeting, please signify by raising your hand. Thank you very much. I'm German. This is the 2026 47 and s 2026 48 come to the board of the recommendation for deferral to the August me.

Thank you so much on the chairman said. I was full of support. Thank you so much. Jim and his board of commissioners. You've heard all the questions and answers. Do we have a motion. The commission that you're okay. The mission that you was.

IF YOU'LL RESTATE THAT FOR ME AS TO WHAT THE PLANNING AND ZONING BOARD JUST STATED, THAT WOULD BE MY REQUEST. I JUST DON'T HAVE THE INFORMATION IN FRONT OF ME. SO IF YOU'LL READ THAT FOR ME, PLEASE.

OKAY. ACTUALLY, I WAS GOING TO ASK COMMISSIONER KENNER-JONES TO DO IT. CAN YOU DO IT? THAT'S FINE.

OKAY. MADAM CHAIR, I MAKE A MOTION TO DEFER AGENDA ITEM Z2026-47 AND S2026-48 TO THE AUGUST 4TH PLANNING AND ZONING JOINT MEETING. Second, okay.

We have a motion and a second on the floor in a discussion board We have a motion and a second all in favor of deferral until August 4th meeting our next meeting Please indicate by raising your right hand

Yes.

And we have a 5-0 unanimous vote and the motion carries for deferral to allow us to go further. Thank you.

Thank you, Madam Chairman. We'll see you all in August. Okay. Next agenda item, please. S2026-50, I mean Z2026-50 and S2026-51. Yes, sir.

our next agenda items are rezoning for residential agricultural to heavy commercial ch and a special use permit for a convenience store with fuel pumps at 4333 and 4289 post road in winston 2.83 acres are the last sizes together this is in commission district number four the existing community store was built in 1963 and is approximately 1521 square feet the georgia department natural resources environments protection division has notified staff that there are active violations with the protection division for the existing fuel pumps and storage tanks epd has issued a notice violation and conditional waiver of existing violations provided that the fuel storage tanks are closed and removed by december 20th 2026. The applicants are proposing to entitle the entire site for a convenience store with fuel pumps. The original convenience store was built in 1963. They intend to demolish the existing convenience store with fuel pumps and redevelop the site for a 2,920 square foot convenience store with fuel pumps. The request contemplates demolition of the existing convenience store and fuel pumps, closure of the existing underground storage tanks, and building a new store with a maximum size of 3,000 square feet. The existing violations are for the underground storage tanks. If approved, the remedy of the violations on the site would be on a separate timeline from the redevelopment of the site, which is a staff concern, and the existing convenience store may be in operation prior to demolition of the existing store and construction of the new store. EPD's conditional waiver of violations appears to anticipate closure of the storage tanks by December 20th of this year. The site will have to be reviewed for compliance by the relevant standards for impervious surface thresholds specified under the Dog River Primary Watershed Protection District and other site-specific design items. The staff's main concern is with two different timelines for redevelopment of the existing site and remedy of the existing violations. The applicant has been working with EPD at this time. the two sites are outlined here on the aerial the existing convenience storage to the south and then the additional parcels to the north the redevelopment plan calls for a 2920 square foot convenience store with fuel pumps staff's recommending approval with conditions the rezoning the special needs permit based upon the following findings number one the use would not adversely affect the public health safety welfare provided that all outstanding violations are addressed within a specified timeline. Number two, the redevelopment of the site would not impair the intent, purpose, or spirit of the Unified Development Code. Staff's recommending the following conditions. Number one, the applicant must produce proof of no outstanding violations prior to their renewal or approval of new occupational tax certificates for the property at 4333 Post Road, current address number two the existing violations is outlined by the georgia department of natural resources environmental protection division must be remedied by december 20 2026 if the outstanding violations are not remedied at that time staff will present the rezoning and special needs permit before the board of commissioners as a show cause hearing that concludes my presentation would be happy to answer any questions that you have

Thank you, Mr. Cronin. At this point in time, I'll open the public hearing. Anyone wishing to speak in favor of this application, including the applicant or the applicant's representative, you have two minutes per person for allocated time of 15 minutes. Name and address for the record, sir.

Thank you, Mr. Chairman. I'm Chuck Connolly. I represent the applicant in this matter. My business address is 402 Noonan Street in Carrollton. I have other representatives of the applicant here in case there are any questions for them. And I also have our civil engineer, Kevin Bell, with us tonight in case there are any questions as it relates to the engineering for the site. As Austin mentioned, the property at issue consists of two parcels located at 4333 Post Road and 4289 Post Road. Total acreage is 2.3 acres. There is an existing convenience store on one of the parcels which has been there since 1963. Simply put, the plan is to demolish the existing convenience store and replace it with a brand new store. The specific request is to rezone the property from RA to CH along with a request for a special use permit to allow the store. You guys, I don't have to tell you, have great staff here. They have prepared an extensive and detailed analysis of our application which hopefully you've had an opportunity to review. They have recommended approval of our application with conditions and Mister chairman, we are fine with those conditions.

Thank you very much.

Thank you. Well, I don't really have a lot to add to the staff's analysis that the only issue that I'm aware of that seems to have come up is the issue with the existing underground storage tanks on the property. So I just want to spend a minute addressing that. And please keep in mind that this is an old convenience store that dates back to 1963 And so most of these issues with the underground storage tanks predate my client's purchase of the property. They only bought the property in 2024. There have been some notices of violation from Georgia EPD relating primarily to testing, record keeping and reporting as it relates to the tanks. We're not aware of any actual environmental impacts, but in terms of compliance with regulations. We have worked to address those violations. I believe that that work has now been completed. But most importantly, as staff mentioned, if our application is approved, those tanks are going to be replaced with brand new tanks and brand new state of the art equipment.

That's your two minutes. Stand by. We'll have some questions.

Okay. All right. Because I do want to make sure that we're clear as it relates to the tanks. And new tanks have already been ordered and all of that kind of stuff. We'll be back there in just a second. I do believe there are other people.

Anyone else wishing to speak in favor? State your name and address in 2 minutes.

My name is David Steldon-Poe. I live at 8565 Jenkins Road. And I just want to say that I'm for the store because that store, like the gentleman said, it's an old store. There's no parking there. We need more parking. It needs to expand because these guys do an excellent job with it. It's not just another convenience store because... It's the service that these guys provide that has made this store exceptional. So I'm just saying, you know, we need it. And that's it. That's all I got.

Thank you, sir. Appreciate your comment. Next person. Name and address. Two minutes.

My name is Monica Thornton. My address is 8361 Louisville Drive in Winston, Georgia. This gas station is about a half a mile from my house. We've heard people talk about not wanting new gas stations. And talking about having four and five gas stations within a mile. If I'm not mistaken, I believe that Post Road from the Shell Station to Pops is about six or seven miles. And the midget market, this property, is probably about a third of the way between. I've been here for 16 years. We relocated from Cleveland, Ohio. To have progress, you have to have change. All three gas stations are unsightly, no offense. All three gas stations should probably all be demolished. They're unsightly. The only improvements that have happened in 16 years has been bulletproof glass at the Shell station. some paving done at Pops, and I've witnessed the ownership change at the Shell Station and the Midget Market at least twice since I've lived here. My husband has been a youth sports coach. I have done fundraising for Winston Ballpark, Bill Larp, Mason Creek Middle School, Mason Creek Elementary School, and Alexander High School. We have four kids in the Douglas County school system. I have gone to the Shell station and been told no, they don't want to help. I have gone to Pops, they don't want to help. After the midget market was sold to the new owners, they hands down said yes immediately. They have given money to multiple sports teams in the county and they actively engage with everyone. And to speak to the last person that was speaking, it is the service they give, they're friendly. that they're inviting and they want to make things better so i absolutely think that you should move forward in approving this thank you thank you for your comments next person name address two minutes uh jonathan davidson i live on moxon lake right beside it um i go there

pretty regularly like like they've all said you know they're very nice yes they're very welcoming I think it would be a great thing to just redo the whole thing like they said it's old it's it's falling apart you know in some places and also you know as far as you know making it bigger putting in more lights doing all the things I think it would be better from a safety standpoint as well you know I think it would be very good and they've also talked to the owners there talking about, you know, cooking food and doing stuff to that aspect as well. So I think it would be great all the way around. Thank you.

Thank you for your comment. Next person.

Yes, my name is Jessica Davidson. That was my husband. I also live on Moccasin Lake directly beside this gas station. I just want to again agree with everyone that has said nothing but good things about these owners. It is just really outstanding. the kindness that they show and the friendliness and I also want to say that I do agree that they do have vision and you know not just for gas station but just bigger ideas better ideas that would benefit the people that live around in that area.

That's all. Thank you for your comments. Next person please. Name and address in 2 minutes.

Hello, my name is Billy Spies. I live about 200 yards from the store on Daniel Drive in Winston. Been in Winston almost my entire life. I remember walking to the store when I was 10 years old and it's about time that this old store, 60 something years old, needs to be torn down in a new pretty one in its place. And the people that have spoken for about the new owners, when they bought it a couple years ago they knew paved drive the parking lot and they did many improvements and this is a good group i've known the last three owners and this is the best group for sure and i 100 support this change thank you thank you sir anyone else wishing to speak in favor seeing no one moving i'll close the public hearing in favor and open the public hearing in opposition anyone wishing to speak in opposition please approach the podium

Name and address for the record. Then you have two minutes.

Good evening. My name is Tina Chen. I reside at 4288 Post Road, Winston, Georgia, across the street from the subject properties. I'd like to thank you for your time and your service to our community and enabling us to speak. I submitted a letter of opposition prior to the staff recommendations with some supporting documentation, but I did not see it posted, so I brought a copy of same and handed it in. I'd like to reiterate my concerns, most specifically the environmental protection violation spanning back to 2017. In preparation for this hearing, I did do a public information request and I received all the records and I was shocked to find that the last time that this place was in compliance was reported in 2014 and that is also included in the packet. The property is under half a mile away from Barnet Lake that flows into Dog River. that we've spoken about many times tonight. The length of the documented leaks from 2017 to the present, almost 10 years and lack of required reporting submitted from 2014 increased the likelihood of substantial contamination. The most concerning thing is the fact that the applicant owner of the gas station for Midget Market has had control over the same property since May 2024, almost two years, and has failed to submit any required paperwork from 2024 to the present, demonstrating a lack of knowledge to operate a gas station of its current size safely, let alone expand the operation. The family of the gas station owns another one that they recently renovated, formerly known as J Shopette, and now is open country Sunoco, close to the home residence in Carrollton. If anything, I hope that this exercise provides them with the information needed not only to be a good neighbor to our community, but to their neighbors in Carrollton. Lastly, the property at its current location leaves the lights on at night at the advice of the police department due to no security cameras and multiple incidents. And we've already heard about Shell, which is only 2.5 miles down the road having to install some bulletproof glass. um the light intrudes into my neighbor's property at 4291 post road and all throughout the year and during the cooler months when the trees lose their leaves it goes into my property as well putting the gas station directly across from me would only increase that i thank you for your time for your comments next person please name and address in two minutes

Sabina Kelly, Box 536, Winston, Georgia. I'm right off of 166 and not just go down Liberty Road, but Post Road also. My concern is the historical building next door to the Midget Market. It says courthouse. I don't know if it ever was like an old courthouse or whatever. But if it's historical, I'd like to keep it instead of just tearing it down. um and since i don't live there i'm not sure everything that was said sounds really good on both sides so i just want to say that i'm also concerned about the fact that people are still saying that they moved to douglas county for the rural area and since we do have pops on 166 and the shell on the i-20 Making this a heavy commercial, I don't want Post Road to be another Highway 5, because then you can just forget about it being rural. Thank you so much.

Thank you for your comment. Name and address for the record, sir, and two minutes.

My name is Grayson Williams. I live at 4380 Post Road. My house sits about 400 feet from the store. I don't oppose the store the way it is, but if you rezone and allow heavy commercial to come in, that's going to play a big effect on my house and my property. I've been in my house for 10 years, and the only thing that really bothers us is the lighting at night, especially in the wintertime when the leaves are gone. And that's my concern.

Thank you for your comment, sir. Anyone else wish to speak in opposition? Name and address in two minutes.

My name is Conley Rice. I live at 4291 Post Road. I live right next to the property proposed for this new project. And I'm definitely opposed to it. I have lived in Douglas County since 1964. I grew up on Post Road about a mile down the road from where the post site is. But like I said, I live next door to it now. And my concern is the environment, all kinds of pollution, whether it be noise, whether it be air, because I have not heard in any of this conversation about this project how many gas pumps. I know there's two gas pumps at the existing store, but how many are going to be at this store? Because I see the paperwork that I was sent with a little sketch, a little map, It doesn't show that, but it does show a measurement of the gas island. And by the size of the gas island, there's going to be more than two pumps. You know, every time you feel gas or whatever, you get vapors off. And I live next door. I have a special needs daughter and my wife. That's the reason my wife and my daughter aren't here, because she's special needs and has special things that have to be considered. But anyway, I have nothing against progress. I have nothing against these peoples. They're real nice. But I bought my home in 1995. I'm 75 years old now and I was planning on retiring there. Like I said, I just grew up a mile down the road. But you know, this progress is not good for me. Personally living next door somebody down the road or down Moxon Lake or whatever. It's not it's not going to directly affect them It's going to directly affect me because I'm already going through issues now with And if I can I'd like to just play this right quick I was out on my carport the other day trying to cut my fingernails and And this Now this is about 350 feet from my house. And my house sits on the very north side away from the store. And this is what we projected at the store. Someone getting gas there. And you know, we have a lot of rednecks and stuff.

Two minutes. Thank you, sir. Yes, sir. Name and address, two minutes.

My name is William Perry, and I live on Tyree Road, just south of the store. I've lived in Douglas County since 1970, so I'm a regular. I've lived off of Post Road since 1970, so I'm therefore another regular. And I have frequented Post Road daily at least twice a day in a commute. I always pass this station because it's unsightly. it's just completely disgusting i don't i don't frequent it unless it's an absolute emergency it's been robbed on multiple occasions and i just i keep my my wife and my children completely away from it as far as possible and yes the lights are blinding when i leave to go to work at three o'clock every morning because i used to work with mr rice when i leave to go to work every morning i'm blinded by those lights I come home in the afternoon, it's nice and sunny. But I will not frequent that store and if it were torn down, it would be awesome. I'm a beekeeper in Douglas County. I love keeping everything as natural as possible. I know there is a Dog River Reservoir mandate that says we can't develop anything under three acres. And according to the mathematics that they give, this area is under three acres. know at my place i have to make sure that i don't subdivide in less than three acres or build anything on the lesson of three acre lot because of the dog river basin this is also just above moccasin lake so that is also an attributary to dog river and i think that needs to be taken into consideration as well thank you for your comment sir anyone else wishes to speak in opposition

How's our 15 minutes running? Seven minutes. Seven, oh, we got plenty of time.

Name and address for the record, sir. Jeremy Jermaine, Chapel Hill, Douglasville. I'm not opposed. I can't say that I'm opposed or not. I know that these people are opposed and whatnot, but I just feel like there needs to be more innovation in Douglas County. I think if you want, bring electric pumps to it, right? If we don't want any more gas pumps, let's bring electric. Let's not keep going gas. Let's force these people to do different things. Let's not keep letting them do whatever they want to do. Let's force them to build a place where people can eat on this 2.6 acres, 2.8. There's a lot of land there. You can build a lot there, but you must be able to develop and innovate. And I don't think that the people currently are doing that. So I just think we need to sit down and talk with different people and try different things. Two pumps is fine right now, and then push it back, push the easement back so that we could actually have more electric pumps, more parking, green space too, right in that area would be nice. There are things we can do without just saying, let's say no and move on. I think we just need to talk and develop. That's it.

Thank you for your comments, sir. We appreciate it. Anyone else wishing to speak in opposition? Seeing no one moving, I'll close the public hearing on this matter. Planning and Zoning Board, you've heard the comments. Do you have any questions of the applicant or of staff?

I have a question for the applicant.

You can come back to the podium, sir.

Representative. We heard some of the constituents talk about tanks. So how many tanks are you looking to put on this facility? I know you're talking about replacing the old tanks. Pumps, I mean pumps.

Let me address the tank issue and then if it's okay, I'll have Deb address the number of pumps. Okay. So the tanks that are there will be taken out of service and closed. We just received I should say staff has received but we were copied on it and the email from the PD and this is actually one of the conditions that says that if the tanks are taken out of service and closed owner before December 20th 2026 they will consider any prior violations to have been addressed and again most of those relate at least the ones that I've seen and these are historical violations Relate to things like reporting and testing and those kinds of things It is certainly our plan to replace those tanks with new tanks again. They've already been ordered It will be done by December the 20th 2026 that is a condition of the rezoning and it is also a condition that EPD is imposing on us now as far as the number of pumps, which I think was the other part of your question. I was going to let Deb address that.

If you'd state your name and address for us first. Yes, sir. Deb Fandy. I'm the property owner at 433 Post Road, Winston, Georgia. So it's going to be three pumps. And I would like to add on something to it. We did do a phase one, phase two. And It's basically phase one and phase two to have to drill a hole down there, get the soil samples and see if there's any contaminants and anything like that, which the results came back. There were no contaminants and none of that. We know the tanks are old and we're looking to put the brand new tanks, brand new wiper system, brand new rear root, all of that stuff. The tanks are, in fact, order and it's about three pumps that we're going to put in there.

OK, three pumps. All right. I know one person talked about the lighting. Yes, sir. And it's been a problem.

So the lighting we were going to we were going to resolve it. We got broken into twice and both those times the lights were off and we have we got cameras all over the property but since the lights were off we couldn't see what or the police couldn't see what was going on and the police advised us to keep those lights on at night so that way if something were to happen another time that they can see what's going on

So I know that they have infrared camera systems.

Yes, sir.

That can help you eliminate having so much light because they work off of certain infrared. And so have y'all looked at?

Yes, sir. We have. And then we have changed those as well. And then once the new store, if it gets approved or not, our plan is to put brand new systems in and close the night or close the lights whenever we close, which is 10 o'clock every day.

OK, so inside the convenience store. I know that you heard some people talking about that. You know y'all serve different type of food. What type of the things that y'all serve in there or is it?

It's just hunts for the pizza and it's just pieces in the wings that we have a hunts brother program and it's a pizza and wings pizza and wings. Yes, Sir.

No vegetables and fruit.

No, Sir. No, Sir.

OK, all right. Are you?

When we were talking about the tanks being taken out of service, the tanks that are there will be dug up and replaced with new tanks?

Yes, sir. That's correct. The old tanks, we actually planned this morning, if we can get our LBPs earlier, we're going to take out those tanks right away. Within like two days, two or three days, we're going to have a crew out there and just get them out of there.

okay i was just curious because you said that would be taken out of service yes sir yes sir it's going to be all removed uh like like i said we i don't know uh

Most of those violations that were there, the inspector, it was just test results and we had most of them at the file over there. She just did not find the file at that time and we had tests from like 24, 23, which is like almost everything is done in here. It's all the things that had to have been pumped out and like most of the test results and all that. We did submit a copy to the community development people.

Okay. Yeah. Any more questions planning is only more.

Yes. I have a question for the applicant. So you had heard some complaints of the neighbors who are directly across the street and then immediately beside the properties in which your establishment is at. My question to you is that knowing these, have you had conversations while you have other communities supporting, right, that don't directly live across the street from you and so on, et cetera, and down the road in another street? Have you spoken to those individuals once you have decided I'm going to expand this property and I'm going to grow it, right? Have you had that conversation with those three properties that are directly across from you and those to your side?

Mr. Rice was the only one that I had a conversation, but it didn't, like... completely did not get it addressed like fully uh our conversation just went you know what what was what what's being out there what's getting what's getting done and that was the conversation but like i said we we do plan to all the lights that will be facing this way and they will be closed once the facility gets better and everything we plan to put like a little gate thing at night time so like you know no no cars can drive in there park and overnight and play music or something like that that would affect the community so we do plan to put the gate and cameras better camera system and everything so what are the hours of this store that you have it's uh 6 to 10 p.m 6 a.m to 10 p.m yes ma'am and my last question yes sorry my last question to you is in regard to um those persons who are concerned

about the growth of it. And I guess I want to ask you is that I know that you purchased the other parcel that's next to it, which currently has a home on it. Is that correct? Yes, ma'am. And your idea is that the current property space that you have and then the one next to it, what you're envisioning and what you're wanting to bring to the table, does it encompass that entire space?

Yes, ma'am. We don't have enough space on the land that we had right now. So we we couldn't do addition. We couldn't do the canopy sits right now, sits on the right away. So we couldn't even do anything with the septic being in the right behind the building. So the other property was better for us to like acquire it and do it like that way because we can't expend it we can't since like it's so close to the road it's close to the right of way it's just it was just hard that you know we could do it like that

So let me understand what you're saying. You're saying that currently where the gas station is now. Yes, ma'am. Right. You are not going to expound that building. You're going to build where the home is at currently. And that's why.

So, no, it would be like a cable does a lot. Yeah.

So when this. Yeah, let's do this.

So right now, this is where you can see where it says the existing store like the extra C store right there. That's where the store is and the new store is like where it says the C store. That's that's that's there right there.

Okay. So what are you going to do with the existing store building?

We're going to demolish it once we finish with this. Okay. Yes, ma'am.

Okay. I don't think I have any further questions. Thank you.

Thank you. Any other questions, planning and zoning? Hearing none, Madam Chairman, I'll give it to the Board of Commissioners. Whatever questions you folks may have.

Thank you so much, Chairman Simmons. Board of Commissioners, do we have any questions? Yes, Madam Chair. Vice Chair, you have the floor.

This will be for the applicant. Would you be opposed to making the gas station a little bit smaller?

How, like, what size? I don't know the size.

I understand what they're saying. I've passed by that gas station. It was before I was even born. I walked to it with a friend living right up the road when I was younger.

My only concern with that, sorry to cut you off, but we're trying to have a better food option. Since we're a post road, there's no food option. People have to drive all the way. go down the exit and get some of the food. We just wanted a little bit of a better food program where we can serve a hot and nice breakfast in there in the morning. And you know, it's just for the food size.

No, I appreciate you trying to clean it up. It has been there for a minute. It is lacking some love. But I was just thinking about the whole concept of it because that whole community has been used to that size of that store for years. And going back and thinking about your neighbors, those that live around you. i was just thinking any way that you might would condense it just a little yeah and then also you know just just for the neighbors yes um definitely i know a lot of people i've passed there and you've got people stopping you got your regular neighbors they've called me and let me know that they're excited about you trying to do something different with there and that they're regular and they're i guess for the last two years dropping in to seeing you but uh That was just my only concern. Just listen to those that came before you. You know, the ones opposing, just trying to think of them as well, because they are your neighbors.

Yes, sir. Yes, sir. So what I was going to talk to, I got here from HRC here. We might can put the store towards a little bit towards if you look at it on that side, we can put towards a A LITTLE BIT MORE TOWARDS THE LEFT-HAND SIDE IF WE CAN. IT GIVES MR. RICE MORE SPACE. YOU KNOW, WE ALREADY, OF COURSE, WE'RE GIVING THE 50-FOOT BUFFER AS WELL. SO WE, YOU KNOW, WE CAN STILL DO IT TO THE LEFT-HAND SIDE IF YOU'RE LOOKING AT THIS DRAWING LIKE THIS. OKAY. SO IT GIVES IT MORE SPACE.

IT IS ONE CITIZEN SUGGESTION.

IT WOULD PROBABLY BE YOUR RIGHT SIDE OR, YEAH, IT WOULD BE LEFT SIDE, LIKE TOWARDS THE But this way, you know.

Sure. Yeah. And it's not going to this is nowhere near which I know the answer to this, but it's nowhere near going to encroach on the old courthouse historical buildings and sitting there. Correct. Yeah. OK. Mm hmm. All right. And I understand, I know about your break-ins. They called her Spider Woman. How in the world she got through those bars, I have no idea. Yeah, we were surprised.

It was just that much they got in there.

But after a second or third time, I completely understand why you left on the lights.

Yeah, that was the biggest thing. We even replaced those cameras after that, and they were like, it's just so hard to catch anything. The light, there's like completely pitch, you know, there's no street lights around that part, so.

But I would just ask, if approved, to have the consideration of those lights. Yes, sir. And they're your entrances, where it's not just blurring all over the whole parking lot to where your neighbors are not affected.

I promise them that we're going to put a gate out before my guy leaves or whoever leaves, close out the gate, turn off the lights, nobody get in the parking lot, no loud music, none of that, nobody sitting all night, none of that stuff. And right now, we even have no overstaying parking and all of that stuff, too, right now, too. Okay. I yield back, Madam Chair.

Okay. You have a question, the mission of accident.

No, I think this is to the applicant. So one of the things that we've heard is the compliance regarding record keeping and report even since the ownership.

So what are we going to do differently what was going to change so the EPD looks at a there's a system called a view and I got it all my stores in your school. This one's older, you can't put the system in there. It gives basically right accurate information and what it does is it tells how much, what's in the tank, what's the volume is, what's the temperature is, what's the vapors releasing, that whole new system, it tells it. So at that point, we don't have to record it. EPD puts in the facility ID number on it and it submits all that data directly to them. And it's a system called your system. OK, so that's the system that you're going to put in there. Yes, sir.

OK, so when is that going to start? I'm trying.

Yes. So like I said, right now, we can't do that system because you have to put the sun like you have to drill it in and put the viewers, the sensors and all that. The tank is too close to the concrete. You won't have enough space. As soon as we get there with these and new tanks rolling in, we're going in.

All right. So I heard that you've also have the new tanks ordered. Yes, sir. If this is not approved, are you still going to replace the tanks?

Oh, we can't because there's no enough space on it. The tanks, those are old metal tanks. The new ones, they don't the companies don't make metal anymore. They make fiberglass tanks. The fiberglass tanks are a lot more like in size wise. They're a lot bigger than the metal tanks. That's the whole infrastructure on it.

All right. So just if I'm hearing you correctly, you can only use the tanks that you order if this is approved. Yes, sir.

Reason. Yes, sir. Reason being, it's just those new tanks are like, I don't wish I have a drawing to show, but it's like it's supposed to be sitting like parallel to each other. And that's I have no like where it's at right now. It just doesn't have enough space to to like. Yeah. So like If you look at on that, it just won't have enough space to do it.

If I could just jump in and supplement. The current gas station is on that southern property there. That is still zoned residential, right? So this goes back to the idea that this has been here really before we have our modern zoning codes. And then the property to the north, the residence is acquired, as he had said, to allow for the different design requirements when we're trying to facilitate new development in an old area. So I think to just clarify, we would not, the county would not allow them to redevelop onto either of these properties that are zoned residential at this time, right? So part of what we're trying to do with the rezoning is get them into compliance where they would no longer be nonconforming, because one of the things that is limiting them right now is that nonconforming status. And our code is very clear that you can do minimum maintenance, but you can't expand necessarily. So that is one of the things that they're running into is the problem of putting the new tanks in on such a small parcel with the existing commercial. Just to help clarify that.

All right. Thank you. All right and then if this was approved looks like 27 parking places, I mean is a 2737 parking spaces, it's probably going to come down if you state your name and I don't think you spoke.

Darryl Ray with HRC 65 54 church Street that was filled with those numbers will come down and come be compliant with the code of the allowable amount parking spaces so expect that number to be a lot lower than what some of that original sketch okay.

I'm sure you look for back to okay in the other.

It's just for what I just have one for the applicant. We talked about the lighting being excessive. Are you just temporarily to you if the project is approved to get everything completed. Have you thought about maybe some motion since it might in just when you enter the property the lights come on and go off of this.

They can to give some relief to the sources that we did not think about that. Yeah. Yeah, thanks for that, yeah. I definitely consider that, yes ma'am.

Motion censored. And then you spoke about vapors. Do you have a, are you considering with your new tanks vapor recovery monitoring, which is VRM software? This software gauges the effectiveness of the vapor recovery equipment. And I heard one of our citizens back there mention those vapors potentially. What happens, this system ensures that the vapors displaced during the vehicle refueling are safely returned to the underground tank rather than escaping into the atmosphere. Is this what you're

So right now, I would say those are suction system. Suction is basically, it's just coming out of there. Those wapers are like, nobody uses them in Georgia. Only the old stores that are there, those are the only ones that's having them. The new one, it's going to be motorized system. So it's going to be new motorized pump and the gas. So their wapers are like... like less way less than what's there right now and those are the newest vapors with the epd the redesign and all of that done so like it's a lot better than what the the system is in right now so it's called there's like two like i said suction is back in the day used to get done and then motorize this new one okay you know i'm just accustomed to anything you know some systems having a readout so when you get printouts daily you have an idea a way to monitor yes ma'am that that whole system is going to be like you can monitor every little thing like what's the temperature down in the ground and all of that

And you are inspected by the state? I'm just learning. You know, to make sure that your monitoring is within compliance, within permissible limits. Who determines that?

Oh, so there's a guy that comes in there every 30 days, does the walk around, checks the spill buckets, usually checks the system. If I don't have the system, then he can't really do too much.

thank you for the education for me i was just trying to see what happens because i know you get printouts you're monitoring it and you have have to have a way to track it to see if you're within permissible limits okay thank you are you the flow back to you chairman thank you madam chairman you can have a seat yes sir thank you very much thank you planning and zoning board you've heard the discussion uh do i have a motion on z 2026-50 the uh

Resulting or a residential agricultural to see a heavy commercial.

I have a motion to have a second.

Hearing none, I'll call for a vote. All in favor of approving Z2026-50, please signify by raising your hand. All opposed? Thank you very much. Madam Chairman, Z2026-50 comes to the board with a recommendation for approval.

Thank you so much, Chairman. Board of Commissioners, you've heard all the questions and answers. Do we have a motion?

Yes, ma'am chair like to make a motion to approve see 2026 dash 50 with no recommendations by staff or conditions best efforts as for the next one correct us right conditions on special use permit. So to prove 0, the 2026 dash 50.

Okay, do we have a second. Second. Okay second. We have a second. Any discussion board? We have a motion and a second. All in favor for approval please indicate by raising right hand. Okay. All opposed? Okay we have a 3-2 vote and the motion carries to approve. I'm going to go back to you, Chairman Simmons.

Madam Chair, I'm sorry. May I interrupt really quickly, if I may allow? Can the citizens' concern about the historic building be addressed really quickly to assure whether or not that's going to be affected?

Sorry, that's a little bit out of order right now. I'm sorry. My apologies. But if you would like to call for a motion on S2026-51 during discussion, I would be happy to address that question. Thank you.

Here we are. I need a motion on S2026-51, please.

Make a motion to approve as 2026-51. With the conditions. With the conditions as read in by staff.

I have a motion. Do I have a second?

Second.

I have a motion and a second. Do I have any discussion? Hearing none, I'll call for a vote. All in favor of approving S2026-51. I'm sorry? She did have a discussion.

Is this the proper time to ask for that? Yes, ma'am. Thank you. I do would like to address the fact that the question from the citizens was about the building that was historic there to the right of the property, if you're looking. May we confirm or can we address that question and concern?

Sure, that property is owned by Douglas County. That is our old middle courthouse. That is not subject to any of the zoning actions here this evening. It's not subject to any rezoning or special use permit. Again, it is owned by Douglas County.

Thank you.

Okay, any other discussion? Hearing none, all in favor of approving S2026-51 with conditions, please signify by raising your hand. Thank you very much. All opposed? Thank you. Madam chairman has 2026 that if you want comes to the board with the recommendation for approval with the conditions that were ready.

Thank you so much to the Senate's board of commissioners you've heard all the questions and answers to have a motion.

Yes, ma'am chair like to make a motion to prove s 26 dash 51 with all the conditions written by staff but to add to the additional conditions that not to exceed 3 pumps. and for there to be a consideration in regards to a proper motion lighting to not to affect the residents at night.

We have a motion in the second. Any discussion in the other discussion board we have a motion in the second all in favor of approval please indicate by raising right hand. Okay, all opposed. It's a 3, 2 vote in the motion carries. Okay, I you'll go back to you.

Thank you much, madam chairman. Best of luck to you on this. Let's give up about a minute or so to get out. Please. Okay, Mister Cronin, I think we're ready. Okay. Yes, sir.

We don't have a quorum. We keep losing.

Well, Brandon hasn't left yet. He's not leaving.

He's not leaving. Okay. Keep it going.

And we have we have a core let's move.

Yes, sir. So our next two agenda items are Z2026-52 and S2026-53. This is a request for rezoning for general commercial, heavy commercial and a special use permit for a tire shop at 7178 South Streetwater Road. The lot is 0.41 acres in Commission District number one. The property has a 2,800 square foot building sited. The building has a single roll-up bay on the ground floor. Occupational tax records suggest that there are at least four suites on the second floor. The applicant's proposing a rezoning for a tire change and repair business. The transition of the site to heavy commercial would introduce a land use pattern that would deviate from established pattern along this section of South Sweetwater Road. The lots typical for commercial-oriented uses along South Sweetwater Road are similar in size to residential lots, about half an acre generally. And the lot sizes would both constrain activities on the site for new development or may not yield enough area to accommodate incompatible use buffers for transitioning lots that have been previously developed. The heavy commercial zoning district would permit uses that may provide for a greater scale of traffic volume in use without adequate buffering from the established residentially zoned properties, which I'll have an aerial to show you in just a second. In use, it's unclear what, if anything, would mitigate offsite impacts such as noise like glare and odor. And so from the properties arrow, you can see the building as currently constructed. Staff's recommending denial of the rezoning and special needs permit request based upon the following findings. Number one, the rezoning may introduce an intensity of scale not able to be reasonably accommodated on site without an assemblage. Number two, the rezoning would impair the intent of the comprehensive plan. And number three, the use would adversely affect the public health safety and welfare. And that concludes my presentation. I'd be happy to answer any questions.

Thank you, Mr. Cronin. At this point in time, I'll open the public hearing. Anyone wishing to speak in favor of this application, including the applicant, please approach the podium. You have two minutes per person for allocated time of 15 minutes. Is the applicant in the house? OK. Do you have anything you'd like to say? It states your name and address for the record and whatever comments you'd like to make so far.

Yes, my name is a cost. You're holding my does assist if they want to be sick. We just think Georgia that was coming.

Any comments for us. Okay, thank you very much. Thank you may get back to you shortly think so anyone else like to speak in favor. Seeing no one moving, I'll close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition? Please approach the podium so you're on record. Name and address.

Tammy Roach. I live on Plantation Drive in Lithia Springs. What is the exact location of this business? Are there any better pictures to show us what's around it?

Anyone else wishing to speak? That was an opposition. Okay, I'll close the public hearing in this matter. We'll get back to that. Any, planning and zoning board, any questions for staff or the applicant? And Ms. Duncan's gonna give us the address of that location, correct?

So again, I do recognize you maybe don't have the best picture here. I'm not sure if the site plan will show anything differently. But this is if you are traveling from Veterans Memorial South on South Sweetwater Road, this building is going to be on your left. It's going to be at the intersection of South Sweetwater. I want to say like Laura Drive and like Grovers Lake in that area. It's sort of directly across from a church, which is next to the fire station and the Lithia Springs Senior Center. set a picture. So that we have a great thank you.

Any questions, but it is only more to staff of the out. You know, I don't you're not working or for any questions you folks may have any questions for. And you know what I think it's only going to hurt the discussion. The mission that you have the floor.

I don't have any I don't have any questions.

Thank you, I feel the flow back to you. Thank you.

Planning is only more do I have a motion. The 2026 dash 52 the rezoning from general commercial to heavy commercial.

We're going to make a motion to the applications he. This is Brandon in a minute make a motion to deny applications, the 2026 dash.

Second second or curse of motion of the second we have a discussion. Very not all call for a vote on Z 2026 that was for the night. All those all in favor raise your hand. Madam chairman Z 2026 that's 52 comes to the board with a unanimous recommendation for tonight.

What missions you've heard all the questions and answers to have a motion and commissioner Mitchell I requested a mission to Jones to read it for you okay.

Madam chair make a motion to deny agenda items, the 2026 dash 52. Okay, do we have a second.

Okay, we have a motion in the second in a discussion. We have a motion in the second all in favor of the now please indicate by raising my hand. Yes, okay, we have a 5, a unanimous vote in the motion carries for denial. Chairman, you have a floor back to the chairman said.

Planning is only one do I have a recommendation for us 2026 days, 3 special use.

Spread of him make a motion to deny as 2026 dash 53.

I have a second. Second second we have any discussion. Hearing none, I'll call for the vote. All in favor of the request for denial as 2026-53, please signify by raising your hand. Thank you very much, that's unanimous. Madam Chairman, as 2026-53 comes to the board, unanimous recommendation for denial.

Thank you so much. Board of Commissioners, you've heard all the questions and answers. Do we have a motion?

Madam chair, I make a motion to deny agenda item as 2026 dash 53.

We have a motion in the second in the discussion board. We have a motion in the second all in favor of denial. Please indicate by raising your right hand. yes okay we have a bible unanimous vote with uh to deny with no opposition and the motion carries for denial thank you i will go back to you chairman simmons thank you very much madam chairman our next agenda item please mr cronin

Yes, our next gen item is s 2 0 2 6 dash 5 for this is a request for a special use permit to allow residential care facility at 2, 3, 7, 0, Charleston place the lot is quarter of an acre. This is in commission district number one, a 2,517 square foot single family detached home within the heritage square subdivision decided. applicants proposing the residential care facility for routine non-medical care for the elderly the residential care facility is further regulated by the Georgia Department of Community Health the DCH for short DCH conducts annual inspections typically every 11 to 15 months the proposed use will not alter the existing principal use as a single family detached residence and will operate as accessory only the applicant is required to be a full-time resident and the property has to be owner occupied We've attached a site area on staff's recommending approval with conditions of the special use permit based on the following findings. Number one, the use will not modify the comprehensive plan or the intent, purpose, or spirit of the Unified Development Code. Number two, the granting of the special use permit will not adversely affect public health, safety, or welfare. Staff's recommending the following conditions. Number one, the applicant shall submit to the building department sets of plans that would address the agency impact statements included within this staff report, as well as additional requirements under the relevant governing codes of the departments to make up The development review committee all required improvements to be made prior to the issuance of occupational tax to get number 2 prior to the issuance of an occupational tax to get the applicant must provide proof of permit issued by the relevant governing departments in the state of Georgia and number 3, there should be no more than 2 unrelated individuals allowed to occupy a single bedroom. That concludes my presentation would be happy to answer any questions.

I think it was from this point I will open the public hearing. Anyone wishing to speak in favor of this application please approach the podium. You have two minutes per person for an allocated time of 15 minutes. State your name and address for the record, please.

Yes, sir. My name is Patina Lavelle. I reside at 2270 Charleston Place. And I just want to assure my neighbors that I am going to comply and remain a respectful neighbor.

Okay. Before you go, you heard the three conditions that were read in. Are you in agreement with those conditions? Yes, sir. Okay. Thank you very much. Thank you. You just stand by. Anyone else wishing to speak in favor of this application? Seeing no one moving, I'll close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition, please approach the podium, state your name and address for the record, and then two minutes.

Good evening. My name is Tammy Roach. I live at 582 Plantation Drive, Lithia Springs, Georgia, in the Heritage Square subdivision. I'm addressing you all tonight because this is not a personal matter. This is a matter of quality of home life. The Heritage Square subdivision. And I'm so happy that Commission Chairman Chairwoman Dr. Ramona Jackson-Jones said earlier that Lithia Springs is very, very good. It is a part of The land is a landmark here in Douglas County. Let me just say that. I've lived here for 26 years and the Heritage Square subdivision has been one of the more beautiful subdivisions, neighborhoods in Lithia Springs. It is an older subdivision. It does not have a homeowners association. And I have watched this very beautiful, vibrant neighborhood go from a wonderful place to live to now a very questionable place to live because of the different things that we have going on and i do have a concern that's why i stand before you um again this is not personal with miss lavelle because as a good in order to be a good in order to have good neighbors you got to be a good neighbor And that is exactly my position, my husband and I. Like I said, the neighborhood has changed a lot to one of loud noise, lots of cars, trash and traffic with people coming in who have no vestment in the community. This particular care facility will add to the things that we have going on right now. And it's not a matter of it being a care facility. It is a matter of timing. um there is no oversight for us as neighbors because we don't have a homeowners association and we are approaching you all um with concerns as to what are we to do when we have so many different things coming in and if we approve this where does it stop anyone else wish to speak in opposition

name and address in two minutes Lisa Smith Charleston Place Lithia Springs we live in this cul-de-sac and the property in question does have a very steep driveway if these patients need emergency services ambulance fire police they are going to have to park in the cul-de-sac and we do not have the parking and space available for that to come into the neighborhood currently we have bus traffic from Lithia Springs Elementary from Turner Middle from Lithia Springs High School and And the added congestion in that small cul-de-sac really is going to be an inconvenience for us as neighbors. We have lived in this cul-de-sac for the past 25 years. And to bring a care facility here kind of concerns me because that property does have a very steep driveway. If you have patients with dementia or Alzheimer's and they're walking down that very steep driveway, that is a concern. It's a concern for us as neighbors. It's a concern for the elderly people that would be living there. So that's my issue. Thank you.

Thank you very much for your comment. Anyone else wishing to speak in opposition?

They will address 2 minutes, yes, we can Phoenix that 2280 Charleston place that called us like as she spoke about we want to 3 neighbors. I live directly next door. The concern that she just read this concern me and I'm not sure how that picture property value so I don't exactly know but the traffic that it will add the parking is not there and I just think that that type of care facility may not be best suited for how the House where the House is and again this cul-de-sac is a small cul-de-sac and as you say emergency vehicles. Parking all those things would be we would be directly impacted.

Thank you. Anyone else wish to speak in opposition. You know one move and I'll close the public hearing on this matter planning and zoning board you have any questions of the applicant or staff.

I got a question for the applicant. Big statements was just being a good neighbor. So could you address some of the struggles, the concerns of your neighbors considering the coat of sack and you know, emergency vehicles and then also the steepness of your driveway and how that affects your ability to service these these different residents.

OK. First of all, I'm only going to be servicing two residents. I do have a driveway. If the ambulance need to come up that driveway, they can. Like a secondary driveway?

Just one. OK.

They're concerned about the value of the property depreciating. I'm not bringing in a large nursing facility. Again, it's only two residents.

Okay, cool. I know that there can be a concern a lot of times when there's not a clear understanding of exactly what is an in-home care facility. That facility word makes it sound way bigger than what it sounds like you're doing. So I wanted to just give an opportunity for you to kind of speak to the constituents on what that really looks like and what's really coming next door to them. could you give a little more detail on exactly how that type of business operates what type of services you'll be providing maybe even what type of people in the sense of wheelchairs or are we dealing with mental health issues or what what type of people are we servicing

All right, again, it's non-medical, and I'll be providing service like medication reminders, companionship, so there won't be any patients with Alzheimer's or any conditions like that.

So by non-medical, you mean no mental health struggles or things like that? Right, exactly. But they will have medicine that you'll help them take? Right, right.

Okay. Just reminding them to take it.

OK, great. And these will be seniors or this?

Seniors and veterans. Seniors and veterans. Starting at the age of 65 and up.

OK, great. You answered all my questions. Thank you.

Thank you.

I'm sorry. I have a question for the applicant. Hi. So your property here that you're showing that you're asking for this permit, how long have you lived at this property?

For two years. For two years? Yes.

And when you purchased the property, did you purchase in mind of kind of embracing this new adventure or it was just something that you decided you wanted to do with the property?

Right, so I've been in the healthcare industry for 10 years, working directly and indirectly with patients, so it's something that I've always wanted to do.

I see. And you said you worked in healthcare, so that means like in a clinical setting or a clerical?

A hospital setting.

Providing clinical care?

clinical and non clinical okay, I think you know for the question story.

Any other questions planning is only more.

I have one more question for that can apologize.

Any point where you able to actually go have a conversation with these with these neighbors. We met okay at a meeting.

I to this one.

OK got you got you want to just suggest that part to 7 clear conversation to help them. That's it.

No other questions, I'll throw it over to you Madam Chairman for questions you folks might have.

Okay, thank you so much Chairman Simmons. For the Commissioners, we have any questions? Commissioner Kenner-Jones, you have the floor.

My question's for the applicant. Have you ever run a personal care home before?

I haven't. You said you have not? I haven't.

And then when you when you met with your neighbors what was the feedback like is this information new to you or.

It's not. The biggest concern to me was the appreciation of the property.

Were there any other concerns that were shared or just that.

Just that one that I can remember.

And you said you you. You will be providing the primary yes care for the individuals in the home, you know how many people will be residing in the home, including yourself just me. And then the residents just to read it and how many bedrooms is it 3 and will they each have their own bedroom or sharing bedrooms.

IT DEPENDS. I'LL LEAVE THAT UP TO THE RESIDENTS. SO IF THEY WANT THEIR OWN PERSONAL ROOM, I'LL HAVE THAT. SO IF THAT MEANS THERE WILL ONLY BE TWO RESIDENTS.

Help clarify for me say you're saying that they want to share a bedroom you're only going to have to if they don't want to share a bedroom are you planning to have still only 2 or are you suggesting that you will have 2 individuals per bedroom.

So I'll have an individual bedroom and a bedroom with two beds in that room. And if I have a patient decide that they don't want to share, then I'll just have the two, one for each bedroom.

What's the plan for the extra bedroom as it stands now?

It'll be vacant.

Madam chair, you're back. The mission of next and you have the floor.

All right. Thank you. This is also for the applicant. So one of the conditions here conditions 3 says there should be no more than 2 unrelated. What are you looking to do anything I would they be related or unrelated.

So I'll comply. With the regulations if it says I can only have to only be 2 residents.

Okay. And then if I could see the picture of the property looks like that you are in a call to say that correct right now. Yes, yes, and they're pretty strict rules about parking and call to say no based on. The county rules there. Do you anticipate any additional traffic and will any additional parking be handle all in your driveway.

It'll be all in my driveway.

Okay. So in your driveway, do you have enough room? Is it like two areas that you can pull in and out? Yes. Okay. And how about with visitors? How would that be monitored?

So there will be limits on the visitation. And again, I'm only having two residents. So visitation will be limited.

okay i'm sorry when you say limited like is there a limit on how many cars that will come and time a day day a week if you can give us a little bit more granular right so visitation will be like one day a week uh three to six um one car per visit sure

So if you have 2 unrelated residents and you only have one day with a limited period of time for visitation, how are you going to manage the parking situation? Because I would assume they are not going to have the same or share the same visitors.

So there will be different times for each visitor.

okay so okay all right so how about if there's any type of event such as a birthday or a holiday event how will you manage parking and visitations in those scenarios i don't i don't plan on having any parties again if there if there's any uh celebration it'll be very limited

to the visitors.

Yes.

Just to clarify, I want to make sure that we express that the principal use on the property is going to be a single family home, right? So the personal care home is basically an accessory use. It is a home based occupation for the principal use. So just because they're asking for the the use for the personal care home doesn't necessarily mean that they don't have the same kind of rights and privileges of anybody in their home. So to your point about birthday parties and things like that, I just kind of wanted to make it clear that any parking restriction that would be applied through the zoning use would basically be to the operation of the business. It doesn't necessarily mean that she gives up her right to operate her house as a Or to occupy her house as a single-family home and that would come with all the rights and privileges which would include You know kind of routine celebrations and things of that nature So so just kind of wanted to make sure that we get that clear on the record we do have the ability through the special use permit to enforce conditions of zoning that are related to the occupation and And so I think that that would be the primary intent is that if you had residents on the property and there was a vehicle parked on the street as a result of the resident who is living in the property that is where we would be looking for the parking restrictions as opposed to what would be kind of normal routine uses of a single family detached home. Does that kind of help clarify some of that? It does.

Okay.

Thank you.

All right. With that, Madam Chair, I yield the floor back.

Okay. Any other questions? Commissioner Mitchell or? Okay. I just have one question for you and I hope I'm not going too far down in the weeds. You mentioned three bedrooms and you said you have one, well one of the bedrooms you would have two people in them and the other would just be I guess just vacant. Have you thought about any, you know, I'm gonna become a little medical on you just for a minute, nosocomial infections, which occur in hospitals, but this, you mentioned the word patients, but I know there are clients, but they're in a room together. You have cold and flu season coming soon. Would that be, give any considerations that you have, too, to utilize that vacant bedroom and allow that person to have their own room, especially with coughing, sneezing, and things like, I'm just asking.

Yes, I will allow for that person to have their own. That's important.

I just asked a question. All right, I go back to you.

Chairman you have see thank you planning is only board you've heard the discussion to have a motion on this 2026 days, 54 special use permit.

This is this random and I make a motion to approve application as 2026 dash 54 a request for special use permit to allow a residential care facility located at 2270 Charleston place. Motion with the conditions as read in by staff.

Motion the second we have any discussion. Hearing none, I'll call for a vote. All of those in favor of approving S2026-54, please signify by raising your hand. All opposed? Thank you very much. Madam Chairman, S2026-54 comes to you with a recommendation for approval with conditions read into the record.

Board of Commissioners, you've heard all the questions and answers. Commissioner Mitchell? Yes. What do you want us to lead off with?

Yes, I would like to make that motion to be to deny.

To deny, okay.

I will second that.

Okay. If I could have commission can just read everything.

Madam chair make a motion to deny agenda item as 2026 dash but 54.

Okay, we have a motion and a second. Any discussion board? We have a motion and a second on the floor to deny. All in favor of denial please indicate by raising your right hand. We have a 5-0 unanimous vote to deny. The motion carries and I give the floor back to you Chairman.

Thank you very much Madam Chairman. Next agenda item please.

Yes, sir. Our last agenda item is item number Z2026-55. This is a request for rezoning from residential agricultural to residential medium density and public semi-public for residential subdivision at presently address 2391 Mount Vernon Road. The lot is 85.8 acres. This is in Commission District Number 2. The site's encumbered by a 200-foot power line easement, state waters on the property, steep slopes, among other things. There are factors that are not necessarily shared by properties that neighbor it and are generally site-specific. So the applicant's proposing 75 single-family detached lots in the RMD zoning. The PSP, the public zoning district, is just for the telecommunications tower present on the property, which we'll be able to see in the site plan in just a second. The multiple encumbrances on the site generally would limit the amount of square footage and the amount of product that the applicants can deliver. So that's why the applicant is proposing the RMD zoning district. All homes would have to be at least 1,800 square foot starting in the RMD zoning district. Here's a site area. You can kind of see the power line easement shown here, but it's shown better in this site plan. The red arrow indicates the cell tower that's currently existing on the property. Sorry. There we go. And the applicant has prepared a set of elevations. We've worked with the applicant a little bit. The elevations would have to comply fully with Appendix A of the Unified Development Code, so there's still some work to do. But the applicant has shown that they are willing to work with us for these elevations. and so the applicant development team is also here to speak on those elevations as well staff's recommending approval with conditions of the rezoning request based upon the following findings number one the rezoning would not impair the impact or the intent of the comprehensive plan number two the residential medium density zoning district if conditioned to limit the product type to single family detached only would not create a land use pattern that is out of character with this area of doug's county and number three the rezoning would not adversely impact the public health safety of welfare staff's recommending the following condition number one the approval shall be for single family detached development only a change in the typing housing units offered would require resubmission of a site plan for review and consideration before the board of commissioners that concludes my presentation we'd be happy to answer any questions

Thank you very much, Mr. Cronin. At this point in time, I'll open the public hearing. Anyone wishing to speak in favor of this application, please approach the podium. You have two minutes.

Good evening. Awesome. Is there a presentation? I do have a presentation. My name is Michelle McCauley. I'm with Gaskins LaCroix. We're a civil engineering and planning firm located at 3475 Corporate Way in Duluth, Georgia. As I said, I do have a presentation, but I'm not going to go through all of it because I believe it exceeds two minutes, but I will just give you some rough numbers here.

We'll go for two minutes and then we'll come back.

Absolutely. I want to go back. Can I just? Is this my presentation? All right. Well, it's fine. I'll just go back here. So this is the site you see. It's an 85.8 acre site. It's located on the west side of Mount Vernon Road. It's a directly adjacent to Flack Ridge Hills Elementary School. One of the defining characteristics, as mentioned by staff, is that there is a 200 foot wide power easement that runs through the property. The property also has streams and areas of steep topography. These constraints have been worked to so that they can work within the neighborhood. The development includes 75 single-family detached homes on approximately 85 acres, which yields a density of less than one dwelling unit per acre. Rather than maximizing the number of units, the plan responds to the property's natural constraints and existing utility easement, The requested RMD zoning provides the flexibility needed to design these neighborhoods around these constraints while creating a cohesive residential community. The community will also include a walking trail, a children's tot lot, and a community gathering space with a fire pit. All of these amenities support the county's goal of creating connected neighborhoods with the opportunities for recreation and interaction. I'd like to show a couple of the it didn't move forward. There we go. So this will be a neighborhood of attractive four and five bedroom homes. All the homes will be at least a minimum of 1800 square feet, but will go up to 3200 square feet. They will have two car garages. They will include a mix of materials, brick, stone, board and batten and hardy plank siding. They will have two car garages. The community will offer homes for all stages of living. I like to point out here, this is the Salem that will be included for sale within this neighborhood. This home will offer for multi-generational living. It has the opportunity to provide both a master on the main floor and on the second floor. ALSO WITHIN THE COMMUNITY IS A ONE STORY HOUSE, A RANCH THAT ALLOWS ONE LEVEL OF LIVING. SO IN THIS COMMUNITY THERE WILL BE A RANGE OF HOUSES FOR ALL PEOPLE IN ALL DIFFERENT STAGES OF LIFE OR PEOPLE LOOKING TO LIVE IN THEIR HOME PAST MULTIPLE GENERATIONS. Here's the amenity area. We are showing a walking trail and a tot lot and a gathering space with a fire pit. We appreciate staff's time and the effort devoted to reviewing this application. We have worked with staff throughout this process to revise the plan and bring something that we feel is consistent with both the zoning and the comprehensive plan for this community. staff is recommending approval with one condition limiting the development to single-family detached homes we are in agreement with that condition we believe this proposal we recommend free will thank you yes we are I was just about to say that anyone else wishing to speak in favor of this application

Seeing no one moving, I'll close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition? State your name and address for the record, sir, and then two minutes.

Gerald Carter. I live in Mount Vernon Estates. The opposition that we have is the traffic congestion that is going to be caused on a very narrow road that is pretty well pressed right now during rush hour. COMING AND GOING AND THE ADDITIONAL TRAFFIC IN THAT AREA I THINK PRESENTS A HAZARD NOT ONLY TO THE SCHOOL BUS TRAFFIC BUT ALSO TO THE TRAFFIC THE NORMAL TRAFFIC TRYING TO GET TO WORK AND TRYING TO GET HOME That's that's the major issue that we have with our subdivision, as well as just in the practice that I've observed trying to get in and out.

Okay.

Okay.