Zoning Board of Appeals - Regular Meeting

Good evening. We're going to begin the meeting for our zoning our community zoning information meeting for today, January 5th, 2026. I want to wish everyone a happy new year. Um, I want to thank the residents for coming out. I also want to give a disclaimer. Uh, please excuse my speech. I just had some dental surgery coming into the new year. Um, so I apologize in advance. Some housekeeping rules. Please refrain from talking unless you are speaker or you the unless you are the speaker. Please be respectful. Please keep your questions and comments relevant to today's topic. Please wait for the presenter to finish before asking your questions and stating your comment. And for any follow-up comments, please feel free to email the planning email address. Some important dates for reszoning and special use permits. Your public participation report will be due February 4th. For planning commission hearing, it'll be February 18th. And for mayor and council, that public hearing will be March 10th. For any modifications, your public participation plan report will be January 27th. And then for your mayor and council public hearing, it will be February 10th. All applicants must meet all deadlines and attend each hearing. We're going to go into the public participation plan report. So it is a form that you have to send to us once that public participation meeting takes place which is form E. It was included in your application packet. Public notices are also required to be sent out for both special use permits resoning and modifications. Um we must see those examples of those public participations

before you send them out. And then you should also have an email that we can sent to you shortly letting you know all the individuals that you have to include in that email of notice. Again, that deadline for your public participation report for modifications would be January 27th, 2026. And then resoning and special use, it'll be February 4th. So this is just a snapshot of what the calendar looks like. So again, we're on cycle two and we're at today's meeting, which is the community zoning information meeting. Um, this calendar was also attached in your application, but you can also find it online. So this is the calendar for the reszoning and the special use schedule. And then again, we're on cycle two for the modification schedule as well. So we'll start with our cases. The first case we have is U26-00001 0 Kraken Road requesting a special use permit to allow a wireless telecommunication facility in AG1 zoning district located in Council District 4. Good evening everybody. My name is Naomi. I'm with the Baker Donaldson Law Firm. Um, and we represent Tower Co. They're a a cell tower company and they're trying to um build a new cell tower in um on Cochran Road right off Cascade Palmetto Highway. Um we are asking for a special use permit. We have submitted our application. Um we are hosting the public participation meeting as we speak. Um and I'm here to answer any questions if you all have any. Thank you. We'll now open it to questions. Do we have anyone in the audience that would like to ask a

question? Seeing none, staff, please step to the podium. Hi, I just have one question and my question is um will this be screened from view? I know it's going to be tall, but will the base and everything?

Yeah. So, I have some maps if you would like to see them, but we are using what we call a stealth design, so it's going to look like a tree, like a monopine. Um, and it'll be um there's naturally existing trees. Right now, there's mature trees, so they're pretty high up. If you have I'm not sure how much of our application you have, but there is a I have it in front of me if you want to see it. Um, here you go. Thank you.

Of course. So, that little square right there is what we call the compound. That's the facility the tower will be located on. And if you can see, it's in the middle of the forest basically. So, it will be pretty screened from view. Um, and it's about 500 ft away from any public area. Um, I think the closest is Cochran Road, which is a gravel road right now. Thank you. I have a couple of questions as well. How many trees will be required to cut down to make room for that tower? So, we don't have an exact number of trees. We have located it up. It's up on a hill. So, there is a clearing right there and then there's trees surrounding it. You can actually see it in the aerial view that um I just showed her. Um cuz there's a natural gas line that runs right across here and then there's a small clearing right here and then trees surrounding all of that. So our goal is to not cut down um any trees if we don't have to, but it would be the minimum amount necessary. And then can you speak to any environmental impact the tower may have?

It won't have any. Um, this tower will not emit any noise, odor, um, smell, anything. It'll be unmanned, saved for, you know, routine maintenance maybe once a month. So, it shouldn't have any environmental impacts on the site. Thank you. All righty. Seeing no more questions, we'll move to the next case. We have M26-001. The address is 8373 Ljardang Boulevard. Requesting a modification from section 403.03 to reduce the rear yard setback from 20 ft to 10 ft located in district 4. Yeah, I apologize. I am Benny Bryant. I am the builder um on this project and as it does mention here, the um zoning modification was necessary because initially we did apply for a regular um variance, excuse me, but because of the zoning case, we had to get a modification um on this property. It abuts to another uh residential home that um has a rear yard as well. and where it's necessary where we um have the storage facility for this property is why we need the 20 ft reduced to 10 ft. Thank you. We'll now open it up to questions staff. All righty. Seeing none. Thank you. The next case we have is Z26-002. The address is 470 Wall Road requesting a reszone from AG1

to CUP to develop 35 single family units on 15 acres located in district 3.

Hey, good evening. Uh this is Jonathan Tennus with HRC Engineers um and uh Kipberry with the We Partner Group. Um, we're looking at uh doing a 35 lot single family subdivision on 4700 Welcome Mall Road. Um, I know previously this went through resoning a few years ago with a more lots on it um with a different ownership. Um, but we're coming through now with uh just the 35 shown on here leaving the back of the property.

Oh, yeah. I'm so sorry. Thank you. Um, I'll I'll just go back. uh over that. So, um we're proposing 35 single family um homes on this lot. Um I know previously it went through resoning with a bunch of lots in the back um under different ownership. Um we're not looking at doing anything in the back across the creek. Um just sticking to um what's up there uh accessible from welcome all.

Thank you. I'll open it up to questions, comments, concerns, staff. I see that there's an amenity area on the site plan. Can you speak to what amenities you'll be providing for the community? Where have we discussed right up here? It'll be recreational area. Open area. Just open recreational area. Recreational area. Yeah.

There appears to be a stub out along the road on the sub on the subdivision to your north. Where is there any consideration to connecting to that nearby subdivision or that nearby street on to your north? Yes, but um it's so close to that stream buffer um right up there that there's really not a good way to connect um without creating additional environmental impacts um and we just prefer to stay out of the stream entirely. Can you speak to the type of homes bedroom size or not bedroom size but size of the home? How many bedrooms? Um garage size.

Uh yes. Um they'll be approximately you know 1,600 to 2,000 square ft double garage. Most of them will be on you know slabs with the upstairs. Uh the selling prices uh and we think will be around 400,000 plus which be comparable to the existing area there. Uh the siding will be hardy hard or LP siding with rock, you know, on the foundations. Um the uh it'll be maintenancefree. We'll have, you know, metal windows. They uh and they'll be um you know, regular shingles and everything, very low maintenance. Uh we all all of our homes, you know, are energy efficient. It'll be mostly three to four bedrooms.

Thank you. And I apologize. I forgot to introduce staff. So, my name is Adriana. I'm one of the planners on staff. We have our zoning plan administrator, Matthew Williams. We have our senior planner, Victoria Young. And then we have our planner outside who will welcome you in, Alani Joseph. The next case we have is Z26-004, U26-001, CV26-001, CDP26-001. The address is located at 4740 and zero Derek Road requesting a reszoning from AG1 to C2 with a special use permit to operate a gas station and convenience store. The applicant also seeks concurrent variances to remove the 100 foot buffer and reduce the front set the front set back to 20 ft, a reduction in the rear setback of 20 ft and a reduction of the 35- ft landscape strip to zero and a future land use amendment for from suburban neighborhood to commercial centers located in district 7. All right. So, good evening everybody. My name is Clemente Gonz. I am the engineer of record and representing here with my client Karim Lani of Monach Equity Partners who is um we're moving on this project together. On front of you that is our conceptual site plan uh laying out more or less the vision for this. Again, kind of to what she mentioned, we're proposing a gas station, 12 pumps with the convenience store attached, an urgent care, an out uh a re a generalized retail port parcel, and a quick service high like a franchiseed quick service for something

like coffee or donuts uh to be placed there as well. The only difference is and I have printouts up here. Anybody

can you hear me now? If anybody would like a copy of the plans, that one is a little outdated. We have one that's pretty much the same just with the gas station and the QSR flipped. The QSR will be on the what you're seeing is on your left side and the gas station will be on the right. Outside of that, we the buffer buffers and variances we're requesting are because the property directly to the north in this uh plan is owned by the Georgia Department of Transportation and there is an overlay district code that requires a 100 foot buffer off of their line, meaning none of the property would be able to be developed at all by anybody for anything if without that variance. And then that led to us just the all every other variance that's there is just so that way we can actually put in the bare minimum to get a two-way road and the buildings in place along with the necessary parking. Again, there's hard copies of the plans up here if anybody would like any.

Thank you. We'll open it up now to the public. Please state your name. Uh yes, my name is John McDeay. Uh what would be the um I guess the buffer situation that's bagging up to 45 uh 40? Um would it be some kind of wall? Some kind of what what would be the situation?

That's one that we're actually going to be opening up to as part of the discussion with our public participation meeting that's we're setting that we have scheduled for this upcoming Saturday. The idea would be to either have a natural kind of green wall or some sort of fencing, just something to help prevent the sound and also also provide provide privacy screening for both for all the property owners involved. What kind of station would would it be? Gas. Gas station. I mean what what what brand of station

it would either be a BP or Circle K. We're still in negotiations with them and can happy to take feedback. So So on this buffer from the from the road, would you eliminate the trees that's on the road or you have to set back so far? So all the trees that you see to the north of our property there, we can't touch. Okay. So all that's remaining. So it's going to be screened from South Walton Highway or South Parkway if that's the concern. Those trees are staying any trees that are getting demolished would be just within our property boundaries and that's only to be whatever is necessary for what you see here.

Are um are the other businesses other than the gas station are they already in contract? I mean or do you or are you seeking people to come in? We are seeking um folks to come in. We have um we do when we do these projects, we tend to open it up to the city and nonprofits first to provide essential services. We also do open it up to the public for any any services that they may want to provide. So, it's it's it's open.

I was just wonder I'm just concerned about, you know, spacing. I mean, from the residential area behind it, you know, on Derek Road. Um, and I understand that there's a uh Amazon location across the street, but man, it just seems like it's going to bring so much so much more traffic in this area. It's part of why we have the entrances uh designed the way we do. They're right in right outs only. So, we would be that you wouldn't be able to make a left turn in there coming in from South Pton Parkway. You wouldn't be able to make one coming in. No. And that's part of the design for it. Is that D? I think think that's Derek Road right there.

Yeah, you can take a right if you're coming out of the subdivisions that's further south off Derek Road there. You'll be able to come in, take a right, get some gas, get some coffee, and then get on to South Parkway on your way to work. But if you're coming off So South Parkway, taking a right on Derek, you won't be able to take a left in here. You'd have to go down so South Bolton and take a right off the entrance that we have there to get in there. And that's part of and we that was with intent to kind of to alleviate your concern of the buildup of traffic off Derek Road.

Okay. Thank you. Good evening. My name is Ernest Gordon. I'm the property owner of 4940 Derek Road. My wife is here with me. I see the um the access entry points off of Derry Road, the ins and outs. Um my property line busts up to that um that traffic way that's I guess running left and right. What's the buffer um that y'all planning between my property and the traffic there that's coming running

I guess to that that's the gas station that's coming in. We currently have a 10-ft side side buffer plus whatever other screening or walls are needed to help keep your privacy as well as help with the with the noise. Okay.

What whatever um type of walk I prefer since I I live there and I have a walking trail that goes all the way to the back and a garden um to to reduce the noise. You know, I I would really, if you guys are really moving forward with us, I would really appreciate if a if a wall could be um erected there. Yeah.

Yeah. Okay. One last question on that entryway. You don't have to hold down. You can't. Oh, okay. I thought I had to hold it down. Um, that that's the main entry. I see the entryway off of Is that entryway off South Fton? Yes, sir. Okay. And then that's the second entryway up there for the other businesses. Yes. There was no other there was not a alternative. That's the only

there. I mean, I can try to shift that entrance for a bit further north, but just for the sake of traffic flow, you're talking if I were to shift that entrance up north, I it would it would cause a huge skew with how people would have to come in maneuver and around for just to for the for the QSR that's eventually going to be there, for the gas station that's going to be there. It I can try to make adjustments where I can. It's going to be very difficult.

I understand. And and if you if because I see where my house is is located and that run that road runs all the way back to the back and if it possible that that road could be somehow to divert traffic around the other end instead of going all the way down, you know, from one end all the way down to other that it could kind of stop and go around some kind of way to kind of to help with the the noise and the traffic that's coming straight all the way down all the way down to the end of of uh of the property line there. The it's like rerouting traffic. I guess

the only way I could see us trying that and this is where I would need your input is would you rather have the road right up against that property or would cuz I could flip that two-way road that you see right there go that goes through the property and push that up north but the buildings would then have to come down so you're going to be those buildings going to be right up you'll be closer right so it's like you're going to get more you're going to get more foot traffic and noise and whatnot, but less roads. So, do you want the people closer to you or do you want the

Gotcha. Okay. One last question. Besides the roads in the buffer, are there any like trees barriers that'll be planted along that as well, you know? Yeah, by by code, we have to have you got to have green space. Okay. And that's kind of what I was referring to earlier. There's going to be either a green style a green screen style wall which will be kind of like a whole row of trees that will prevent that will act as a natural buffer or an an actual erected kind of privacy style plants. Maybe a combination of the two depending on what's what's what you're needing. But yes, we are by code required to put in new trees.

Okay, I guess that's all the you had any questions?

Okay, that's all I have. John McD again. Uh, is it necessary to have this entrance on Derek Road? I mean, uh, because now it is hard to get out at the light. Um, right here, the Derek Road and South Parkway. There's there's traffic bagged up from the Amazon already. And there's no way to put another two entrances on South Fenon Parkway if this if this has to be erected here. I mean, cuz you you have sometimes in the morning traffic bagged up for two miles on Derek Road with people trying to get out from the Amazon and from um from the uh just the people in the residence. G dot was very already they were very it was already miracle enough to get them to work with us to get a single entrance off of bus south Parkway especially with the proximity it's at with the signalized intersection as it is the the tradeoff for off the entrance off Derek Road was to help alleviate some of that traffic because some of the kind of you mentioned the the backup this would help with that a little I I understand. I really don't understand. You know what I'm saying? Because all I know is that at Derek at Derek Road and South PS and Parkway, the light already holds for forever. You know, I understand they may come back and and readjust the situation with the light and stuff like that, but it is a residential area pretty much, you know, uh with a lot of traffic that that extra I know y'all say it's a one way in one way out situation, but it will not be like that when it actually comes down to it. People will come off of South Fton Parkway and they will try to take a left into the into the establishment. You

know what I'm saying? Unless y'all got some kind of miracle way of not doing it, it is going to be back up out of uh I mean when you turn on Derek Road into the road of South Forge and the the flow will still be ridiculous. I mean, you know what I'm saying? With the amount of business that y'all want to put right here on South in this little complex area, the traffic will be horrendous depending on what you have in there. So, I mean, I'm opposed of it. Thank you.

All righty. Do we have any more comments, concerns, or questions from the audience? Mhm. Yeah. Thank you, John, for bringing that up because my entry

my entry to to get into um my my private road to get go through the gate. I I didn't even think about that. But um when he's talking about that traffic um for my son and my wife and myself to get out of there, they are already past my gate. If you guys seen that the entry and a lot of times they're trying to turn around in my entry, you know, because it's so backed up and people get frustrated trying to get home, you know, so doing doing those change of shift hours and then with that additional traffic that's going to be that's going to be a cluster and I didn't even think about that um with the number of facilities that y'all projected on building. So that is a that is a that is a pretty good that is a concern especially for me since my property is right there budded up against the other traffic that's coming through. So I I I really hope that the team come up with a better plan if they can uh with routing traffic.

Can I ask is this is there are there certain times where the traffic is really bad on Derek Road or is it throughout the day? the traffic bad period. You know, it it's the light it's the light sequence that that it takes so long for that light to change. I mean, I don't think there's no that there's no getting around the fact of traffic because coming off of Derek going down Derek all the way to Cochran Road. Uh what is that? Co what is that way back there? Jones. No, no, back in the back of um the other way. Cow.

Cow. Yeah. Cow road. There's so many subdivision and stuff back there that your access is dirt road to get out that you will we will never get on and off that road. It is a it will be a nightmare to get off that road with if you place this entrance right here. I mean, you know, and the setback. I understand the setback and not being able to move the trees off the uh South Parkway and everything, but this will not be able this will not be feasible for the residents that's in this neighborhood at all.

Uh just just no, just to Mr. Gordon's point, uh, we can continue to work with G do DOT on figuring out a a better process. Uh, they are notoriously difficult to work with, but we'll continue to try and see how we can alleviate the in and out and see if there's a fix. I think I think we can try that. Yes. Thank you. All right, we'll open it up to staff. I had a couple of questions. Um, what is the current state of the property now? Is it currently vacant? Is there a home on the property? No, it's currently vacant. Yes.

In terms of the the two property uh the two parcels that we have are currently vacant. Yes,

they are currently vacant. And then are you willing to get a traffic study done or is that something that's already in the pipeline? There was a traffic study that was done as part of the Amazon facility logistics improvements that were with this. I can request a copy of that study to see if it because most of it will still apply and if we can make a modification or an addendum to it for this uh I can discuss that with Mr. Alani. Are you aware of the legislation for the three mile radius for gas stations in terms of the

the is that restriction for the city or for for the city? Okay. I wasn't aware. Yeah. the limitations that about abuing residential and a 3m radius of other gas stations. Okay. Cuz I just didn't see anything any request in here for that. So I didn't know whether or not you were aware or if that that affects the development that you're proposing. So you know there's a three mile. So explain that buffer again. A three mile radius of other gas station existing gas stations. So, we cannot be within that three mile radius. That is correct.

And the the closest one is that Chevron, right? I don't know how far that is. Um I know it's a couple miles and I don't I'm not sure if Amber has I don't know if Amber got us that information, but because in our in our preliminary meetings with uh with city council that that that was that that wasn't brought up, but we can check and make sure that it's would it be a problem or we'll come up with something for it. Definitely. I just want to put it out there just to make sure we're all thinking. Um, just because again in terms of the request, if that is something that you're requesting, you probably want to update your request then. And it looks like we have another question from staff.

All right. So, we just have one question. Um, looking at the zoning buffers and landscape strips. I see that you say a budding I think that is 4940 that there's going to be a side 10- foot side landscape strip. Um so are you saying with the reduction of the 35 ft landscape strip do you mean zoning buffer? Yeah. Okay. And you're keeping the 10-ft improvement set. All right. primarily because again we wouldn't have any room to put the roads otherwise if we had kept that buffer in.

And I just want to um one more point too. I know you said there was an updated site plan. Has that been submitted to us? We are sending that here tonight. We were wanting to wait till after this meeting to hear if there was any other feedback or any other notes that we wanted to have shown on the plan prior to sending a revised version out. All right. In order to get a rel Okay. Okay. So, a variance is a relief from the zoning ordinance, but you have to show a hardship. What would be your hardship in your mind for the zoning buffer for the zoning buffer to the rear of the property? Site constraints between with how wide how much room we actually have to put in a road and the and the buildings necessary for a gas station canopy.

Sight constraints. So, you're leaving a 10-ft buffer. Correct. Correct. And that's it. That's it. All righty. I do want to clarify that this is in located in district 4, not 7. And it looks like we have another question.

Good evening. My name is Shirley Gordon. I am also um the owner of 4940 Derek Road. My concern is I saw that um there was a survey done for the property line and I noticed that um some surveying was done at the rear of the property. Um, are there any, um, I guess plats to show that? Because we had, um, a survey done prior to purchasing that land in 2014 and actually it crosses over onto our property line. So, um, I'd like to see, um, the plats that you may have for that.

Absolutely. Okay. And if you can um if you stick around afterwards, I can give you my contact information so you can send us your copy of that uh of your survey information as well. So that way we can make sure that all boundaries are aligned and we're we're respecting your property boundaries.

Okay. And then um my major concern is that it is very very close to our property. I'm looking at the um the display here of the property lines and that is extremely close to our home and our privacy. Um I'm just I just oppose this whole thing. I'm just totally against it because um this is our home. This is our home. We're planning a gardening to do gardening. That's something that I enjoy doing. We've had this property um since 2014 and my husband and our family, we have done a lot of work. It's sacred to me. It's um I just I just don't see this happening um in our community where we already have the Amazon and the traffic. And one of the things also um with the traffic um has come a lot of accidents since we've been living there. A lot of accidents has taken place there on South Fulton Parkway in Derek Road. Um, I noticed that recently they put a turning light on South Fulton Parkway to turn onto Derek Road, but to um have additional um traffic flowing there as well as with the Amazon employees going in and out on their different shifts that poses as another major problem. So, um I just wanted to say that I I'm just definitely not in agreement with um it it's it just feels like an intrusion and invasion on our um on our on our living and our family. Thank you.

All right. So, just so I'm clear, so you are requesting a 100 foot buffer. That's because of the DOT, correct? That's to the north, correct? Then you want reduction of the front set back to 20 feet. And that's off of Derek Road. Yes. And then you want reduction of the rear set back to 20 ft. That's where the American cell tower, that's your rear, correct? And then you want a reduc and then to reduce the 35 ft landscape strip to zero. Where's that landscape strip at? that was going to be um between all the residencies between the cell tower and the their property, but that would have prevented us from putting in a two-way road.

So, that wouldn't be a landscape strip. That would be the zoning buffer. I just want to make sure that we get our language correct. So, correct. That's my new clear. All right. Thank you.

All righty. Any more questions, comments, concerns? All righty. Just going back to those dates again for the reasonzoning and special use permits. Your public participation report is due no later than February 4th. Your planning commission hearing date will be February 18th. Mayor and council public hearing will be March 10th. For modifications, your public participation plan will be January 17th. Your mayor and council public hearing will be February 10th. You are required to attend each meeting and meet each deadline. Again, this is that public participation report. If you do need another copy of that form E, please feel free to send us an email. Before you send any mailers out, please make sure those mailers in that draft has been sent to staff for the final approval before sending those out. And then while we're on this slide, if each applicant can state when their public participation meeting will be taking place and then we could just go down the line.

Uh January 27th, right? Yeah. Yeah. Uh January 27th is when ours is that right there at uh 11:30 a.m. at Welcome All Park. um it will be you know a hybrid meeting so in person and virtual and again that's uh January 27th at 11:30 at uh welcome all park. Thank you.

Ours will be Saturday January 10th at also at welcome all park from 1 to 5 in the afternoon and it will be at the multi-purpose facility. We actually had ours tonight. Um, we got the list from you all earlier um because we were set to have our application submitted earlier, but we got pushed back with the new year. Um, so we had it tonight at 5:30 it began and that was at an event space uh within 5 miles of the proposed site. I can get y'all the name, the specific name. We have ours meeting tomorrow at 700 p.m. Um, I'm confirming the address. Um, and I can get that, but it's 7:00 p.m. tomorrow.

Again, this is just a snapshot of the calendar for reszoning and special use. And then this is a snapshot of the modification calendar. Again, each reszoning and special use and modification are all on cycle two currently. And then I would like to thank you for coming out tonight and safe travels home. Thank you.