Zoning Board of Appeals - Regular Meeting

Good evening. This mic works. Okay. Um, today is January 21st, 2026 and the time is approximately I can't do approximation. It should be 6 602.

602. Okay, this is an eight member board appointed by the city of South Fulton's mayor and city council to hold public hearings to make recommendations on reszoning use permits concurrent variances application comprehensive land use plan maps and amendments to the zoning resolution. The applicants and propundants of each case will be allowed a total of 10 minutes to present their case. Since the burden of proof is upon the applicants to convince the board that the application should be approved, they may choose to reserve some of that time for rebuttal following the proponent presentation. and individuals in opposition will also have a total of 10 minutes to present their position. If multiple people will speak in opposition, you should organize yourselves so as to allow everyone to speak in the 10-minute time frame. Opposition is not permitted rebuttal during rebuttal time. If you wish to address the commission on a case, you must fill out a comment card and indicate whether you are a proponent or an opponent of a case. If you are not sure whether or not you are a proponent or an opponent, you must fill out an opponent comment card. They are located outside The commission will take two votes on each application. The first vote is on the findings of fact as presented by the

staff. The second vote is for approval, denial, or deferral of the application. It is the second vote that determines the board's recommendation to the city council. The these same matters will be heard by the city council at a public hearing on January 27th for these cases.

January 27th and then finally voted on at the next city council meeting. Please refrain from any verbal outburst during the public hearing and please only address the commission during the designated public comment time. We will proceed with the agenda. Staff, can you please call the role? Giovan Giovani Smith Vickers, Keith Perry, present. Reverend Shannon Jones. Commissioner Jefferson, present. Commissioner Williams,

present. Commissioner Devon, present. Commissioner Price, present. We have a quorum. Thank you. Next item. Next item on our agenda will be the approval of minutes from December 17th, 2025 meeting.

I have one correction. Okay. We have one correction. Will you state that correction, please? is stated here. I was present. I was actually not here and also with the uh motions. So, make sure you correct that. Having heard the correction and it has it has been admitted into the meeting. notes. Then we'll move on to our next item on our agenda.

We need a vote. Okay. I make a motion to vote for the amendment. I make a motion to approve the minutes with the adjustments as sounded. Second. The motion has been second. Vote. Vote from my commission for approval. Commissioner Perry, I. Commissioner Jefferson, I. Commissioner Williams, I. Commissioner Price, I. Commissioner Devon,

I Haven't had time to re review the agenda. I would like to a motion to approve the agenda. Second

vote for the um the motion has been second. The approval of the agenda, please. Will you call the role? Commissioner Perry, I. Commissioner Jefferson, I. Commissioner Williams, I. Commissioner Price, I. Commissioner Deon,

I At this time, we'll move to the cases. All right. The first case for tonight is um zero of Z25-032 CDP25 011 for Zero Valley Green Drive. The applicant is requesting a resoning from R3 Single Family Dwelling District and Sandtown Overlay District to TR Townhouse Residential District, Sand Town Overlay District to develop a residential community with 78 attached dwellings on 11 acres with no commercial component. A future land use amendment to amend a character area from community live work to suburban neighborhood 2 is also requested. This um property is within council district 2 and staff recommends denial for both the reszoning and the future land use amendment.

Okay. I do not believe the applicant is here today. Okay. Okay. We'll move on to if the applicant is not here to facts or findings. Okay. At this time, we'll open the public hearing. Are there any oppositions to this case or at this time?

Um, yes. Eloise Banks and Vincent Amos and Ambria Bird Song.

Okay. Will the first name that was called come to the podium please? Just want to remind you of your time. Eloise. Banks. Good afternoon. Good afternoon.

My name is Eloise Banks and I live in the Canon Trace subdivision uh on Union Road and I've been a resident of the city of South Fen since it uh conception. I've been here since 1996, 30 years. And uh my husband and I when he was living have struggled to maintain and take care of the property that we have and to enhance the uh environment that we're in. We've preferred that the new the builder of the property on Enan and Van Diver build the same type houses that we are accustomed to on the Union Road Costa. Uh we do not want any town houses or houses less than what we are used to in our area. Thank you.

Thank you. Next person, Miss Banks. Thank you so much for those comments. She's my neighbor living right behind me. I'm Vincent Amos and greetings to everyone that is present here. Madame uh vice chair and to the members of the committee. I am uh Vincent Amos. I am the president of the Kanan Walk uh HOA association. There are five Kanans that are on uh Union Road that Miss Banks uh spoke about. What I have here and to get right to the point, I have signatures from 129 residents of that area. And so what I'd like to do is I'd like to ask Mr. Tate if you would pass out these three copies. Uh, and this is all of the pages with the signatures on them. And uh, to the committee also, Mr. Tate would like for you to pass out the copy of the petition. And on the back side, there's a signature page that everyone can see. So, there are three copies of the entire petition with all signatures on it. And then you have just a copy of the readable um, petition. And then you see how we did it with the signature page on the back side. uh for fidelity, for accuracy, and for proof. This was not done over the internet. This was not something that I posted online. This was old-fashioned wet signatures of which I, Vincent and Tone Amos, physically held this in my hand and saw every single person to sign it. And in the minutes that I have left, I would like to read the petition for all present here today. uh petition. It has seven Roman numerals. And to get to the point, Roman

numeral one, who uh the combined citizens and residents of all five Kanan area neighborhoods, Kanan Woods, Kanan Walk, Canon Glenn, Kanan Trace, and Kanan Ridge along with the combined citizens of Union Road, Van Diver Road, Rocky Head Road, and Camelton Road. That's number one. Number two, vehemently oppose the reszoning of the proposed Old Valley Green Drive when immediately request the continuation of the current single family dwelling district zoning status Roman numeral 4 where partial ID 14 Foxrot 0119- Lima Lima 0442 city council district number two 11 acre partial track uh Roman numeral Five. Why the negatively proposed obscure plan is to place 78 attached dwellings on 11 acres on Union Road approximately one quarter of a mile from the old West Lake High School. The old red brick building Roman numeral six and this is into sub paragraphs. Subp paragraph A dealing with petition rationale. The zoning needs to say single family only to remain consistent with the character, culture, demeanor of the neighborhood area. B. The irrational concept to put 78 single family houses on 11 acres will be an overtight clustered project housing area. Sub paragraphs C. 78 units will easily result in 140 or more cramped cars, SUVs, trucks, and motorcycles packed in an airtight

area of suffocating congestion. Sub paragraph D. The only single only single family houses on one half acre priced at $800,000 will maintain the property value and the property dignity of the area. Moreover, this will be revenue enhancing to the city of South Fulton. Sub paragraph E. The area is saturated with multif family housing. The story at Riverside which has 300 apartments, Sandtown Falls Town Homes on Camelot Road, which is currently under construction, and Woodberry Park Town Homes on Riverside, which is also under construction. In summary, therefore, given all of the beforementioned factors, we the combined residents collectively speak with one consolidated voice and sign this petition to maintain the current zoning of single family housing units in partial ID 14 Foxrot, members included. So we say, so say we won. So say we all. That's the petition that I'm presenting before this committee. And with the last minutes that I have remaining, I will yield the microphone to anyone else that would like to at this time come and to speak. Unless I have any questions from the distinguished committee, I thank you.

We thank you. Right now, we want to finish hearing what others have to say. We want to make sure we make note of the time that is remaining. I can't see the clock, but I hopefully you can.

Good evening, zoning board. My name is Bryant Tate. I am the president of Kanan Trace Homeowners Association, which is adjacent to West Lake High School, and it's the same side of the road that this development is being proposed. As Vincent stated, this is just going to add a detriment to our quality of life. We already have to deal with traffic for the school and we understand that. But to put this to approve this development is only going to burden our community, our quality of life. We say no. It's not that, you know, we don't like that, but it's just it will destroy the character and the flavor and the property values that we have. We ask you, zoning board, please vote no and vote this project down. Thank you for your attention.

Thank you. Is that it? We'll see the last person. Ambrea Bird Song. Oh. Um, my name is Emry Bong. I am also a member of a Kanan Ridge. Um, I agree with everything that Mr. Please speak into the mic. Oh, I'm sorry. I agree with everything that Mr. Amos stated as well as the um Mr. Tate.

Mr. Tate, I apologize. Um I just want to further state that I know the um applicant is not here, Mr. Hughes, but um the renderings that he did bring to the last meeting, they are not um in compliance with the Sandtown overlay district that's outlined is also not in line with the um I believe it's the community future plans as well because you guys have it outlined as a future workplay as well. And then also it would be the only townhouse residence within the community. So I just do believe that it would diminish the value of our property as well. Um I pretty much just second everything else they say.

Thank you. Thank you. There are no more cards. Okay, that concludes our um individuals that are in opposition of this project. Are there any four? No. Uh, I'm sorry. You have to come to the mic. I closed the hotel or something. I'm really sorry. But also, the applicant never hosted the community meeting that was required. I do want to say that. Thank you. Thank you.

So, once again, we don't have any more cards. Okay, that concludes our public our public response. We Yes. Okay. We Are there any comments from the um commissioners? Yes, Mr. Perry. I just want to to state that this is a case that we deferred last month

and the applicant wasn't present. The case is up now and the applicant isn't present. The public participation meeting was not held. The community even without a public participation meeting has made his voice heard and as Mr. Amos said have over 120 signatures against this project. I think uh the writing is clear. Staff has recommended denial. Nobody has spoken in proponent as a proponent of this project. not even an applicant. So I I you know as a resident of district two I am going to with good conscience deny this project and I hope you guys join me.

Okay Reverend Shannon, thank you Commissioner Perry. Um, just one thing, Miss Miss Bird Song had said that she had seen some renderings and I I was under the understanding reading the report and remembering last meeting that that there was no public participation meeting. Can she please, Madam Chair, tell me where she saw the renderings? Would you please approach the podium? Thank you.

I just want to make sure that there wasn't a meeting. the renderings. He brought um actual pictures of what the townhouse the proposed townhouse community would look like to the he missed the first uh zoning meeting, but he did bring it to the second one and he brought like like you know renderings of what the townhouse would look like. Okay. And I believe everyone also referenced that there he built the same townhouse community a little bit further down the street. I believe it may be in a different district. Thank you, Mr. B. I'm clear. Thank you. Thank you, Madam Chair. Are there any more comments from the commissioners?

Okay. At this time, we will close and we will um vote on our findings of fact. I move that we approve staff's findings of fact. Second. Sorry. Having heard the um vote for uh the approval of findings of facts, let's call the role. Commissioner P. Commissioner Perry I. Commissioner Reverend Jones. I. Commissioner Jefferson. I. Commissioner Williams. I. Commissioner Price. I. Commissioner Deon.

I. Eyes have it. We will move on now to um vote on whether um this particular project will be uh what is our our decision for this particular pro this project denial um deferral or what is your um choice commissioner? So we have to take two votes for the first one for Z25032. I move that we deny this project. Second. Okay. It has been second. Call the ro. Commissioner Perry

I. Commissioner Jones. I. Commissioner Jefferson. I. Commissioner Williams. I. Commissioner Price. I. Commissioner Devon. I eyes have it. Thank you. So, we'll move to the second half, which would be CWP25011. I move that we deny CDP25-011. Second. It has been second. Please call the role. Commissioner Perry, I. Commissioner Jones, I. Commissioner Jefferson, I. Commissioner Williams I. Commissioner Price I.

Commissioner Devon I. The eyes have it. Thank you. We will move to the next case at this time.

All right. This case is an application by RS Group, Inc. requesting a reszoning from R3 single family dwelling district/andtown Overlay district and AG1 Agricultural District Sandtown Overlay District to R4 single family dwelling district to consolidate the two parcels into one development at 4960 and 4980 Campleton Road Southwest. They also request a future land use amendment from suburban neighborhood one to suburban neighborhood 2. and this case is Z250 um 34 and CDP25-013. Um staff recommendation is approval and I do not believe the applicant is here for this case as well.

Do we have any cards for this in support of? We have no cards in support of or in opposition to Okay. That's interesting. We have had communication with them and they did send in a slideshow. Um but we did not hear that they were not going to show up to this meeting.

Commissioners, at this time uh we the applicant is not here and uh we do not have any cards for or against. So what is your pledge?

I I um you know I have a hard rule for me that if you don't show um then then it's for me many times it's just a deferral. But if they sent in I mean it's a denial, excuse me. But if they sent in something uh I I know that there's no way to call and say I'm in traffic or I've had a fender bender. had something. So, it seems like there was intent to be here. Uh, you received when when did you receive the slideshow? I do not recall the exact date.

Okay. All right. Um, so staff's recommendation is approval. Do we want to hear it and and and decide or Okay, commissioners, let's decide whether we want to see Do you have the slideshow with you? If you want to see the slideshow and then we will um vote on what what we're how we're moving forward with this project. Even though I see staff has approved, would you like to see the slideshow?

So, we see the slideshow. That means you got to open it up for public hearing, which means if we are going to defer it, it removes the hearing for a later time. So I think we should just decide if we're going to defer it or not. And if not, then then go ahead and open it up and let's see the slideshow. So this would be the president. We said this to be a second second deferral,

right? Because this has already been deferred. So just know that on my side of the tracks that means if you did it for Pam you got to do it for Cam. So okay let's put this to a vote whether or not we are going to deny referral or or or refer this case. Um voting is open. Do I get um Oh, she just walked in on time. We filibustered for you.

All right. Um change of changing in the uh format. We will allow the applicant to present at this time. Um Hello. Good evening. Speak to everybody. Is the mic on? Hello.

Hi. Sorry if I'm being late. Um, give me two seconds. I'm Joy Me RS Group. I'm requesting a reszoning from R3 single family dwellings in the S sand town district. Um, have my presentation here. I want to consolidate the two part the two parcels and I want to cons um request a reszoning from AG1 um uh AG1 R3 uh to R4 and then you guys have the presentation uh right here this just tells about our company and give a little background about me. You have you all have it. You can go to the next slide. So, like I said, looking to request the two parcels, uh, 4960 and 4980 Camel Road. It's about 4 uh 87 acres to be considered to be um a single family development from RG I mean R3 AG1 suburban 1 to R4 suburban 2. Um we go to the next slide. This is uh what we proposed it look like right here. 12 single family homes. This is, if you keep going, you'll see the

style of the homes right here. We have 12 lots, sidewalks throughout for pedestrians, um, green space, twocar garage. We added uh an area in the lowest um where the lowest dimensions are for the uh retention ponds to the top right corner. Um, you can see the craftsman tile architecture landscaping for the yards. And I think that's about it. Thank you. We're at this time we'll close um the public hearing. Commissioners, do you have any questions of the applicant

at this time? One question. I don't see um here. Is there a price point that you're starting off with? I didn't see

it should be um like 450. Did we not put it in here? Starting at 450. Yes, it's starting at 4:50. Mr. Jefferson, Mr. Perry. So, in the in the staff report, it notes that when you had the uh public participation meeting that uh the community expressed concern about the design of of your proposed community and it looks here that it's all one style and one design. Is that your intent that every home would be identical? Um yes, they didn't express cons um concern about the actual style being uh different style homes because this is the first time I presented the actual picture of the homes. Well, they they actually asked me to just bring a picture of the projected of what I brought this time. So, I didn't bring this the last time. The last time they uh asked me to bring the pictures. So, that's what they expressed. I think he's speaking on the community. It's

Did you have a public participation meeting with the community of Sant Town? Yes. Yes. And this is the first time I presented this. So they said this I told them I was bringing this. Oh, so they haven't seen these pictures at all. Well, the councilman has. Okay. So I sent it over to her. I sent this whole presentation over to her also. For for clarity sake, let me uh ask you um because I think it's the same question Mr. Perry asked and and Miss Price, have you had a community meeting? Yes. And in that community meeting, did you have these renderings? No.

Okay. Thank you very much. So to to follow up on that then is is is there are you going to offer any different uh elevations or is is your intent to have just one look for every home? My intent is now if we speak to some buyers and they say they want something else that is um that is uh close to this, you know, still in the in the same range as this, then we we're open to it, open to change.

Is is there uh do you have like a detail of what each home would consist of? Like for instance, they can So it sounds like you're open to changes in elevation. Is is each home going to be three side brick or four side brick or is every home uh two stories? Is there basement ranch? No basement,

Miss Price. So the community have not um their concern is is that they wasn't provide visuals of what your um what you want to put in their in their community. So even as of right now they don't have no idea but the council person does. Correct. Is that Well, she's over the sand overlay district. So after we after I came left from here last well what two weeks ago they said they wanted to you know see a visual. What district is this in? Okay. One. Okay.

So I spoke to Miss Katherine. I've sent her over the presentation and I think the presentation is not very clear. you know, is I'm missing some things. They're they're it's not really detailed, you know. Um I feel like you I know I said it last. I remember you being up here and I understand that it's your first time. I think it was your first time last time. So I understand that. But this what I thought you was asking for. Yeah. It's a patient meeting,

right? So they didn't show up. missed the and we we sent that over. Only Katherine showed up. Okay. All right. So, that's that's who I've been communicating. So, that's kind of okay. Yeah, I'll finish. Okay. We did I was outside and I did the zoom. I'm sorry to cut you off. We have another question from Reverend Shannon.

Yeah. Um, sounds like, Madam Chair, that uh Let me just ask you this. So, it sounds like we don't have any evidence. I mean, I see the word concern here, but if there's some lawyers in the room, we could probably dissect concern. You know, what level of concern or was there a question? And uh, you know, so you were at the meeting. We don't have any indication that the community is upside down about this. Certainly not here because we don't see them. Um, so there's been some questions by a couple of commissioners to ask you, would you be averse to giving this community uh some diversity, right? So that if someone pulls in that, you know, it's not like a bunch of apartments that I don't is I'm sorry I did I come into the wrong house because every house looks the same, right? Would you and your team uh be willing to maybe make some adjustments so that that that the character of this community that every home doesn't look like a Steepford home?

Absolutely. Okay. I think that's what I'm that's kind of what I'm hearing as the issue. Your builds. Yes. Okay. Miss Williams, thank you for coming back. Thank you for having me.

Thank you. Um, questions for you. Thank you for the renderings because, you know, we definitely talked about that last time. So, thank you for that. Um, thank you for wanting to invest here. Okay. Um, the information that you're receiving today, yes, maybe some of these things should have been received prior or you know the the knowledge base. Totally understand that. Um, one of the things that I am unclear about is, well, let me take a step back. Let me, we're gonna walk into this a little bit. Is this your first project here in South Fulton? Um, residential. Yes.

Okay. You've done commercial before? I've only done commercial buildouts here in South Fton. Okay. Okay. Um, so when you've done your commercial buildouts, right, did you engage public works? Did you engage traffic studies? Did you engage all of the things that encompass a property or a development outside of the four walls? Yes. But it it was it it had to do I never did u reszoning.

Okay. Okay. Um because the reason why I'm asking this is because I am unclear on some of these things. One of the things that you mentioned was if one of the buyers wants to change an elevation then yeah that can be done. That's great to hear from a developer's end. But when we're looking at a project today and when we need to approve that project going forward, we need to know that there are options that are already set in stone even before we get out of this phase. Now, maybe some of my other commissioners can can agree or disagree on that. Um, but I'm just a bit unclear about the total package that's being offered only because there are just some other pieces that haven't been talked about.

The other communities around me are bigger projects. So, I was thinking that if it was 12 was small, so I I wasn't thinking of having more than one plan. Now, if you if you would like to if if you would like to see more than one plan and this is my community too, too. Like I say, I can provide more than one.

Okay. Um and and thank you for that. But I think the for me, I just wanted to see a little bit more depth, you know, especially when we're talking about 12 homes, twocar garages. If that's just two people, which is not going to be just two people that, but that's 24 people, you know, entering onto what is this Campton Road, you know, we got to know what that looks like, you know, in terms of traffic studies and whatnot. Um, I'm going to yield because I don't want to take off. Okay, Mr. Perry. Yeah. I

and and and to if I had more when I did the meeting with them, if somebody would have said something, I would have got them that. I I think now I think everybody recognizes that you're trying to do whatever is ask of you to

to provide what is needed to get this done. And just like the commissioner stated that I we appreciate the effort and this is in no way saying that you are not trying to get to yes and we're trying to get to yes with you but there it just there needs to be some more detail in your proposal and I know you're you're you're trying to provide what we're asking for. So I'm going to try to provide more detail. So what I think would would be sufficient and and the other commissioners could speak to it or against it is what is every house going to have list your standard features that's going to have every house is going to have this. So what I was asking you is every house three size brick and you said yes that should be a standard feature. What is the size? every home will be at least this minimum square foot, right? And and you list all those things, the the trimmings, what is going to be standard all the homes. Think about the different elevations that you would be okay building. And even though uh I know you're you're you're open to different ones, you should have that going in and say here's the three or four elevations that are going to be available and so people can see and know what the whole space is going to look like because we can look at the four elevations and say it's going to be a community of this and it's going to be threeidized brick. Is stuckle going to be option? Right? Is is plank hardy plank going to be option? All those things need to be detailed out so we know exactly what we're voting for. I I I think you're doing I I just like the other commissioners when you were here. I know you absorbed everything we said and and you took that and you came back with what you what you thought we were asking for, which is great. You had a

public participation meeting. Not to your fault. It looked like you didn't get the participation that should be there. and and I think if you would have you would have heard this already because I think the community would have came and said wait a minute is this it and what else is there? So just we're trying to work with you so that you have a complete package that can withstand public scrutiny and that everybody un it's a transparent way that everybody realizes what you're trying to accomplish here and I I I feel your intention. I I feel your integrity and and the fact that you're you're a part of this community and you're trying to bring something nice to it. We're just trying to make help you get there so you have what you need so it's a transparent uh process to the whole community and they can be proud of if this becomes a completed project.

Thank you. Okay, Reverend Chandler. So, I just want to be clear because I'm I think we're reading something into this that's the community is not here. This is as much the community zoning meeting as it is the applicants. So, I don't think we should read in that there's a issue with the community. What I'm hearing is is as the as the appointed board of commissioners for zoning and for planning zoning and planning, we are not pleased with what we're seeing. And so we would need more information over and against staff's recommendation of approval based on the fact that this satisfies the future. So then we the the the board of the commissioners want to see this come back before us and we want to see something that satisfies us for our fellow residents. Is that what we're saying? Because we can't say the community is saying that cuz community ain't saying that. We thank you so much for your your presentation. At this time, we will close the um presentation public hearing and we'll vote for the uh findings of facts next. All right. Can I get a motion?

I move that we approve staff's findings of fact. You may have a seat. I'm sorry. I second. Having second the findings of facts. We'll put you to a vote. Commissioner Perry I. Commissioner Jones. I. Commissioner Jefferson. I. Commissioner Williams. I. Commissioner Price. I Commissioner Deon I I

eyes have it. Okay. Um next next we will um vote on Z 2534. Can I have a motion? Madam chair, before we do that point of order, can we get because there may be a deferral as so can we get the date of the next commission meeting just in case there's a motion to uh to offer a deferral? Of course.

The next planning commission meeting is February 18th. I move that we defer to the February 18th planning commission meeting. Second, since it was two parts, we're we're refer deferring both. Am I correct? Okay. All right. We have a discussion. So, does this mean that there's going to be no public hearing where we That's That's essentially what that means, right? Yeah. Okay.

That did we get a second? It was It was second that part was Oh, okay. Call the RO, please. Commissioner Perry, I. Commissioner Jones, I. Commissioner Jefferson, I. Commissioner Williams I. Commissioner Price I. Commissioner Deon I. The eyes have it. Thank you. We'll now move to the next case. I move that we defer CDP 25-013 to the planning commission's February 18th, 2026 meeting. Second com. Commissioner Perry.

I. Commissioner Jones. I. Commissioner Jefferson. I. Commissioner Williams. I. Commissioner Price. I. Commissioner Devon. I have it. Okay. Thank you. I hope she Next case.

All right. The next case is Z25-035/CDP25-014 for 0 Pinterest street. This is Southern Impression Developments um by the way of Hakeem Hillard requesting a resoning from M2 to C2 to allow for a proposed specialty food food store use on 1.19 acres on zero pincher street. A future land use amendment is also requested from ind.

My name is Hakee Hillyard with Shilovis Grubman Law Firm, 1834 Independent Square, Atlanta, Georgia 30338. Uh happy to be here with you this evening. Uh I knew we were getting a recommendation of denial. I didn't realize it was for the public participation process. Uh we uh did uh do a public participation meeting two months ago. Uh a couple people showed up. We discovered we were a couple feet outside of the the uh five mile radius. So, we deferred and had another meeting and we just had a public participation meeting last night. So, I'm not sure why uh there's a recommendation. We had a good meeting last night. As a matter of fact, uh and I don't know why there's a recommendation denied based on the public participation plan, but I will I will I will progress and answer any of those questions if you like. Um, you know, uh, this application is relates to a property at the corner of Oakley Road and, uh, Oakley Industrial Boulevard. It's a 1.19 acre attractive land. It's zoned heavy industrial. It's immediately adjacent to a Georgia Power facility. Behind that property though on Pincher Street and back, Oakley uh, Town Homes has been developed there and it's very successful. And so, this property is owned by the developer of Oakley Town Homes. And so the sole purpose of this request that we're here for you tonight is that we want to downzone the property. He's the the developer wants to monetize that use by leasing the property for a use with a user, but all the users that are coming are heavy industrial industrial uh users that want to use the property and they really want to just downzone the property and encourage a commercial user. So the the request is to reszone it from heavy industrial to C2. And the good part about it for the community and again I said we had a very good meeting with the community. The council member Pritchette was present for that meeting. We met for about three hours and we've been having conversations before that because what the developer is saying is they just want a commercial use there to to complement what's uh at the the the

residential development that they've already completed. Uh they're working with the community to ask them what type of use they want to see there. uh we would go through the C2 uses and eliminate the uses we know that we don't want to see. Nobody wants to see gas stations and we're okay with that. Um but we've had good conversation yesterday evening uh with about I I think about everybody that was on Zoom and then present there probably about 12 13 people although we sent it out to a lot of people um that this time in the previous meeting. Uh, and what we've talked about is working with council member Pritchette and the committee of neighbors that were present to come up with a list of uses that they don't want to see there. We want to retain a diversity of uses that the community would support on that site so they can attract users, but we otherwise are not asking for a specific development. We we filed this as a specialty food store because staff said that we could not move forward without a specific site plan. And so we came up with a site plan. we picked a use uh and but in fact from our conversations last night and you know we're here asking for entitlements but it was just coincident to that we represent a user that is very attractive to the community and I had a conversation with him and he's interested so I don't know if that's going to go forward but what the plan is would be is to go from here back to count up council member Pritchette and she's going to convene some more neighbors to talk about what types of uses they want to see there so that there's a diversity of uses in the C2 2 zoning district. Uh any recommendation to deny this request tonight and that's your pleasure. I hope you don't do that. But if you deny it the way that it's presented right now, the property will remain heavy industrial. Uh and and and you know the the developer wants to monetize it, I don't know how how badly he wants to monetize it because I think a heavy industrial use would work in work in conflict with what's been invested in on that property. And I think the people that live there are very pleased with it. I I've only been out there a couple of time to take up a

sign and put a sign back down, but it's a quiet area. It's very clean. It's very well-kept. And I think what we talked about is getting a a very good commercial user that everybody wants to see at that corner. There's a lot of residents and there's not a lot of uh opportunities to do anything on that property or uh in the immediate vicinity, there's not many food options. So, we talked about that. And so what we want to do is get this property zone and work with the community to come up with the appropriate uh user for this site. I'm happy to hear answer any questions you might have about the proposal and how the meeting went. Uh we did have a meeting last night with with people. So they I think we did meet the qu the requirement but we've got a recommendation toile because of the meeting I guess. So but happy to answer any questions you might have about it.

So thank you for uh your presentation. We'll give we'll make note of the time for your rebuttal. 5 minutes and 17 seconds, but there's no cards against. Are there any cards for just Mr. Hillards? That's That's him. That's me. That's it. Thank you very much. Okay. Um but then we will close. I'm sorry. Yes. Yes.

So um the denial for public participation. Well, I was there last night and there were participants and we had a lot to say. U we definitely do not want any more industrial in that area. Um, we're definitely interested um removing the M2, the heavy industrial to C2 for numerous reasons being we absolutely do not want any more warehouses in that area or industrial heavy industrial. That's I actually live across the street in Oakley Township. Um they just built luxury apartment homes and behind there is Oakley Station. You don't want to see a warehouse right on the corner where there is where there are um residents living. So we would prefer to see um we came up with solutions. I think more was the savvy savvy what was the name of it?

Savvy I didn't want to call them out. Savvy provisions. Okay. Yeah. I was highly interested in that. But we we were coming up with some conclusion on what we would choices of what we would want there, but absolutely no more heavy industrial. Okay, Mr. Perry. So, I got I got a It's good that you would answer that. That answers a lot of questions. And so what I hear you saying is that you you are open to reszone doing the reszoning and and working towards what can come there like myself and the community. Yes.

And and reszoning it commercial and and working to get the best thing for that section. Correct. Okay. According to the uh literature that I'm reading, uh I see where it says the applicant has not met the public participation guidelines for this case. staff recommend recommendation or staff recommends denial based on these factors and there are a list of factors that are outlined and I noticed that you mentioned because your public um meeting didn't go well you denied no

but it excuse me I'm sorry I'm sorry but in my literature it says um public participation guidelines and so Um, and it lists um quite a few. Can I react to that? And it's uh if the commissioners want to refer to that page if you'd like to. It it's it's so that was the earlier meeting. Yes.

And he and they redid the meeting last night. So, the meeting last night was in compliance, but it happened. It didn't have staff didn't have time to update the paperwork with the recent That's why I'm saying I'm so glad that that she was present because there was a actual commissioner there who's speaking to the actual meeting. So, is that the staff? Would you please speak on this? Yes, we received the public participation report today this afternoon. Yeah. When do you or when does staff prepare the reports? Is there a deadline that that the applicant

has um we have a deadline like 9 days before the planning commission meetings for public participation reports to be turned in. That deadline was missed. Council, did you know that?

Yeah. Yeah. So, let let me let me just say this. I don't know why this is a difficult issue, but the we we this Mr. Mlendon told us we needed we were outside of the five miles by a couple few feet or whatever and so we had to do the meeting over and we communicated with staff. We gave them all the notice about when the meeting was scheduled. We paid the fee. There was never any concern. We said that we knew that we had to complete it before today. And so if they're saying that we didn't meet the deadline, I mean, here's the thing. We're trying to reszone the property down. If if if you want to recommend denial for that reason, we had a very good meeting. The council member was there the entire time. There were no negative comments. We agreed to work together to move in collabor move in collaboration. I, you know, I don't know. I mean, I don't know what else to say. Uh, I mean, if you want us to go back and meet again, I don't know that one my client's willing to do that. I mean, it's it's uh the propertyy's already zoned. He's not here because he's thinking he's doing something good for this community by downzoning it. And I think representative that was there and everybody that was there spoke spoke positively about the use. the the the meeting was mostly about are you really serious about doing that and inviting our opinions about what's supposed to go there. It wasn't there was no objections. Uh and we agreed to work together on this. So if we I this is the first we heard that we were going to be denied because we didn't meet the guidelines for public participation because everything we did we didn't just notify them of our our schedule yesterday when we turned the report in. We talked to them and we met the guidelines advertising in time be prior to this.

When did you talk to director McClendon? This was this was this was uh immediately after I think it was the day before we were supposed to have the public particip participation meeting the first time and when we learned that we talked to council member Pritchette. She said go ahead and do the meeting since there's notices already out but I will assist you in making sure that residents are there when you redo it. And we had and we again we talked to the staff about that before we scheduled. We didn't just go do that on our own. Uh and and everything that we've done we gave to them and and we had the meeting. No one let you know from staff that having a meeting the day before the commission meeting. No.

Okay. And they knew staff knew that your meeting was going to be on the on the 20th. Yeah. We I mean we they communicated with us when we didn't meet the requirement and we told them exactly what we're going to do to meet the requirement and you know staff can you speak about that or do you have any

so emails were sent um regarding when the public participation deadlines would be for cycle one and cycle two. Um they did defer from the first meeting because of the not meeting the public um public participation guidelines, but with their date that they chose for this meeting, it just did not meet the guy um the the public participation report due date for cycle one, but it did meet it for cycle two, which is the February 18th meeting. Are there any more questions before we close this public hearing?

Okay. Wait, Miss Miss Price. Um I want to get clarity um that if we go on with this denial and if we vote for the denial then this will not be changed from M2 to C2. That would be very deadly for I'm sorry. That would be the recommendation to council. Okay. Thank you. Yeah, I

thank you for your presentation. We'll close the public hearing at this point. Now, um commissioners, we need to vote on the findings of facts for uh Z25035. Correct. and um CDP25014 since there are no more questions and it has been closed. So, do we have a motion? I make a motion to approve Z25-035. Second. No, it's a funny fact. Oh, I thought I thought

five is a fact. Oh, with the staff recommendation. I I move that we deny staff's finding a fact since they noted that the public participation meeting did not take place and it did. Second, please. Commissioner Perry, I. Commissioner Jones, I. Commissioner Jefferson, I. Commissioner Williams, I. Commissioner Price, I. Commissioner Deon, I. The eyes have it. Okay, we need to uh vote on findings of facts for CDP 255014.

Can I get a motion? No, you don't have to do both. I don't have to do that. No, it's just one signing effect. Okay. Okay. Um, we'll move on to voting for a um whether or not we're going to approve, deny, or defer this case. I make a motion to approve Z25-035. Second. Commissioner Perry, I. Commissioner Jones, I. Commissioner Jefferson, I. Commissioner Williams, I. Commissioner Price. I. Commissioner Deon.

Nay. The eyes have it. Okay. Um, this has been approved. The eyes. The eyes have it. Thank you. Anything else? You have a you have a second part. Oh, okay. That's what I was trying to do. And I will I will defer to district 7 if the district 7 commissioner would like to make a motion on CDP. Yes, I move that. Thank you. Okay. So the motion for CDP 250014. You your um motion is to

No, my my motion is to give that that motion to uh So we just did Commissioner Price. Okay. So, I move to approve uh CDP25-014.

Second. Motion is second. Okay, go ahead. I'm sorry. Commissioner Perry, nay. Commissioner Jones, I. Commissioner Jefferson, I. Commissioner Williams

I. Commissioner Price I. Commissioner Devon. Nay. The eyes have it. Okay, that concludes that case. Let's see. We got one more. Two more. We will move to the next case.

All right. The next case is Z25-036 CDP25-015 for 5090 5050 and 0 Southwood Road. This applicant is requesting a resoning from AG1 Cliftonell Overlay District to AL Apartment Limited Dwelling District, Clifton Overlay District. Um, and is requesting a comprehensive development plan amendment from suburban neighborhood one to suburban neighborhood 2 for the purpose of constructing a cottage style um 162 cottage style units on 30-12 acres of land on in council district 3. Staff's recommendation is denial.

Okay. Oh, I'm sorry. You're the applicant. Okay, we're ready. Thank you so much. Good evening, council. Thank you. Thank you. Good evening, council. Um, as y'all recall, we had a a video that we showed last time of the property across the street, uh, Summerwell Cottage Village. It is that does staff do y'all need to see that again or is that Do you'all recall what we saw last time? Is that Is that good? Okay. You remember? So, are we Is that you're get you want to see it or don't?

All good. Commissioners, would you like to see the video again? Yes. Okay. Yes.

Okay. All right. Yes. If y'all please play the video. This community is about more than housing. It's about creating a vibrant, safe, and well-maintained environment where residents thrive and the surrounding neighborhood benefits. The first thing that attracted me was the new town homes in an apartment complex area. It being a town home um in the the outside exterior of course caught my eye as well. Um it had a very modern look to it and I think just the amount of square footage that you get for the price is a great deal. Our residents enjoy resortstyle amenities, professional landscaping, and safe, well-designed homes. That translates into healthier, happier families, and a community that the city can be proud of.

I love knowing that my landscaping and maintenance is taken care of. It is wonderful. Absolutely stress-free. I love not having to buy a weed whacker or a lawn mower. It's It feels great. it it takes a lot of stress off of the renter as well because that's one less thing you have to worry about.

This is not just another housing development. It's a thoughtfully designed, professionally managed community that enhances property value, strengthens the city's appeal, and ensures long-term quality for both residents and neighbors. This development is designed to be a long-term asset for the city. The biggest thing that saves me time and reduces my stress at this community is maintenance. Putting in work orders is a one minute process. Um, they have it to where you can take pictures and tell them specifically what the issue is. You don't have to be home and wait for them or take off work. Um, if something major breaks, we have emergency maintenance. So, they're they're always on top of things. I am very grateful for maintenance and it's it's been wonderful so far. We believe this development sets the benchmark for how thoughtful design and professional management can work together to enhance the quality of life for citizens and the city as a whole.

Even though I've only been here a short amount of time, I have already experienced a sense of community at this property. A lot of the kids are getting a chance to know each other. A lot of the kids are getting a chance to play together. Um therefore tying the parents to each other. the sense of community is stronger. Um, and as we get new neighbors and we meet new people, we just welcome them into the community. Once I got to know the people and got to know the staff, it was just it's been a wonderful experience.

Thank you. So, as y'all recall, that's that's the first presentation we gave. Um, since that presentation, we received comments from from all of y'all. We've also uh had time to go meet with Clifendale, with Mr. Marcus Carter, and we we have heard the voices loud and clear, and we are now here to address the comments that we've heard since then to uh just let y'all know what we're trying to do to get the plan up to standards up to up to South Fulton standards. Um so, the overwhelming comments that we received, uh the first comment would be the 100 foot zoning buffer. Uh staff said the site plan did not meet the meet the zoning buffer. Next slide, please. Here's the new plan. We added the 100 foot zoning buffer. Uh this uh basically made it made the site a lot more environmentally friendly. I do appreciate staff making that comment. I personally didn't like the plan myself, so I redesigned it myself. Uh this fits with topography with with proposed utilities and everything else with the site plan. Um, next slide, please. Now, here's here's the difficult part. It's the, uh, future land use map. So, uh, and and here here's the interesting thing about the future land use map, and I've got some experience in doing this. I was on the future land use map committee in my county in Clark County. So, I understand what goes on behind designing and putting out the future land use map. And the future land use map is more of a broad stroke. It's it's a broad stroke of how you want your community to grow. And I totally understand why the committee that made this map designated this property as suburban one because it's right there. It's at the end of it's at the very end of the yellow right there. And it's

logical to make that. you would have to put a lot of extra thought and very very precise re research on this parcel to even realize whether or not it should have been suburban one. So the reason why I'm here to talk to y'all about changing this and getting it right to make it suburban one is if you look to the north while boore court while boore court is suburban one should be suburban one however the property our property it should be suburban 2 it doesn't even have any interconnection between wild boore court also so therefore the residents of cottage of southwood the only way that they can get out would be to come down Southwood Road and turn left and end up at the ear end up at the community live work center, the public's neighborhood, the public shopping center down there. Plus, this also serves as a buffer coming from the dense use of the Acadia multif family, the Providence Parkway assisted living multif family, and the 282 town home multif family at Summerwell at Summerwell Parkway Village. We we are 169 units and suburban one has a max of three units per acre density. Suburban two max density of eight. We're right in between. This is exactly what it should be. It should be a buffer in between these uses. Plus, suburban 2 is intended to be a walkable a walkable neighborhood to um to shops to to retail and everything. As you can see, these everyone that's going to be living in this area is going to be walking down to the purple down there. That that encourages the purple that you have there. That encourages the community to live work space. So, this this really should be suburban, too. Next slide, please.

Next. Parking. Um, uh, so Cliftonale asks about parking. We heard it loud and clear. We added extra parking. We added uh by doing so we added 42 additional guest spaces. We are overparked by this property by over 200%. The the required parking spaces on this property 379. We have 771 parking spaces designated for the residents. It's not going to be jam up full of cars. It's going to be a nice open development. Uh next slide please. And finally, comment four. Uh, Reverend Jones, you said it yourself. South Fton wants better. South Fton deserves better. Y'all did not want what's across the street at Summer Cottage Village. Okay, so we have res redesigned the plan to include our updated units. Across the street, we had our Molina and Griffin units. These we're going with our new and improved units, the Concord and Manchester. Next slide, please. As you can see throughout, we've got we've got LVP flooring. We have nine foot tall ceilings in the main living quarters. Uh crown molding. Next slide. Kitchen and dining area. Hard top counter. Hard top countertops. Shaker style uh cabinets. Stainless steel appliances. Next slide. Uh tile backsplash in the kitchen. Next slide. Uh appliances energy efficient. I think we're missing some slides, but that's okay. Is there another slider to that? That's okay. Anyways, also we have a master uh we have a shared master shared primary bath uh um with tile tile surround showers, glass door, everything. These are very nice units. Twocar garage, additional twocar parking

in each driveway. Every single unit has its own personal fenced in backyard. We will have high security. Uh it will be platted as a single family condominium style form of ownership. Um and it's and I and I humbly sit here before you and ask you for your approval. Thank you. Do we have any com? Okay. You have 33 seconds left for rebuttal. Okay. Uh we have any cards for Marcus Carter. Okay, Marcus, would you please? This is four,

correct? Good evening. My name is Marcus Carter. I live at 345 Lawrence Place, uh, city of South Fulton. I'm also president of the Cliftonale Community Club. Uh, wanted to follow follow up on, uh, as a as a yes to this project. uh previous concern uh was not having a opportunity for uh the public participation aspect involved. One of the reason why it was deferred and we did uh meet with this developer, excuse me, on the 12th uh of January, which is our monthly club meeting. Uh before that, we had an opportunity to uh solicit or provide some questions. you provided about Go ahead.

I'm sorry. Your time is up. Okay. I apologize. Uh, commissioners, would you I move that we increase uh public particip participation time two minutes on each side. Vote. Second. Okay. We second. Can we just vote with a show of hands for this? All right. approved. Thank you very much. You have two minutes.

Thank you. I'm shooting for 145 at the most. All right. Uh we did meet we had a participation meeting Monday. We had uh approximately 28 not approxim exactly 28 uh people who were present during that meeting time. Prior to the 12th meeting on the 6th, we had submitted uh approximately 10 to 13 questions of items we submitted to the developer as followup to some of the concerns you had mentioned and also concerns we had mentioned several of the ones they've already addressed uh pertaining to the parking. We also submitted questions pertaining to the amenities or what they would be the measurements would be. We dealt with the parking respectively wise. uh they have adjusted pertaining to that. Also uh in the midst of our communication with them during our uh meeting, we also addressed uh what what are the measurements of the apartments. One set of the designs is three bedrooms uh two and a half baths. Another the other elevation deals with four bedrooms, two and a half baths. Uh we looked at designs as well and uh most of us had you know cons had uh comments that were pertaining to uh pleasure in the quality that that is being projected to be done as well as the communication and cooperation between uh the developer here. Uh so those are things that we address more specifically along several other things. Also, the setbacks were were adjusted for the be 100t buffer around as well as the appropriate city buffer off on the street. So, we do uh see this being a good development to complement that already apartment senior living uh area. That's it. Thank you.

Thank you. At this time, we will hear from someone that is in opposition of this project. We have no cards in opposition, but we do have one more proponent. Okay. The time how many how much how many minutes left? I have um 30 seconds. Okay. Call the name. You have 30 seconds left. It's Chris D. Dowy. Dowy. Okay,

very quick. My name's Chris Dowy. You got where I reside. Do I need to call that out? Or uh 5252. I'm drawing a blank now. Magnolia Court Circle and done with it. I came down here 25 years ago. This one of the first pieces I looked at was this. The garbage down there. If y'all not aware of it, you should be. It was dead animals, car parts, and it was terrible. But we did develop this property about four or five years ago below it. 140 lots with Horton. We did 100 lots.

Excuse me. Commissioners, would you like to add any minutes to this or not? I move that we extend 30 I mean 60 seconds or a minute. Second.

Okay. by the show of hands if you agree. No opposition. Thank you. Um this piece of property in this area and needed what they did here. They've enhanced South Fton. The project that did on the other side of the street has done real well. This will do well. the shopping center has done so so the uh where Chick-fil-A is that was supposed to be a Walgreens. They paid leases on that thing for uh 10 or 12 years at $8,000 a month and never built the building. the shopping center the the the shopping center did not have a big enough uh they should have put a 70,000 square foot u shopping center in there in in the uh I'm I'm goofing up what I'm saying here but it didn't perform as well. The bank that was on the corner went out of business and all this stuff. This property has finished this piece and enhanced this part of South Full.

Thank you so much. Your time has expired. At this time, um, we will close the public hearing and ask the commissioners if you have any questions from anyone. Yes, Mr. Perry.

Uh, I just got a comment. So, uh, I just want to say I appreciate, uh, the developer going and I earnestly meeting with the community and taking the community concern to heart. That that doesn't happen all the time. And and this time it did. And so, yeah, I I don't like voting to change the the future land use. And so, I'm gonna split the baby on this one. I I plan to vote in an affirmative for the zoning change, but not for the community development plan. But I I do appreciate uh what the developer has done to engage the community and it means a lot for the president Clifendelle to speak in support of that project and that that's what really carries my vote.

Thank you, Miss Williams. have a question for the applicant. Just a quick question. Um, so when you came before the commission um, prior to this was a rental community. Is that correct? And now you're turning into a condominium style or you just kind of clarify that

it it's never been intended to be. it. This is single family attached condominium form of ownership. There will be a homeowners association covenants that protects the entire integrity of the property. Lawn care, pressure washing outside, no trash, anything. So, the form of ownership will be condominium form of ownership. Okay. And the property, the adjacent property, that one is the rental. That that is not condominium. It's it's essentially an apartment complex. Yes, ma'am. Okay. Thank you. Are there any additional questions for the applicant? All right, Mr. Jefferson.

Yeah, thank you for clarification because I was in impression this was a rental development as well. Um, how what are the rental uh rates? You say it's not going to be a rental. This is totally ownership. It it it'll be single family uh single family attached condominium form of ownership with a maintenance staff and property management staff. The end user might rent some, they might sell some, but initial I got you. Yes, sir. Good. Thank you. Yes,

we'll close the the Q&A session and we'll move on to the U findings and facts. I move that we approve staff fire degact. We have a second. Second. Okay. Vote, please. Commissioner Perry, I. Commissioner Jones, I. Commissioner Jefferson, I. Commissioner Williams, I. Commissioner Price, I. Commissioner Devon, I. The eyes have it.

Okay. Um, at this time we will vote um to approve this project deny. I'll refer. Do I have a motion?

Discussion. I move that we approve Z25036. Do we have a second? Second. Vote, please. Commissioner Commissioner Perry, I. Commissioner Jones, I. Commissioner Jefferson, I. Commissioner Williams, I. Commissioner Price, I. Commissioner Devon. I eyes have it. Eyes have it. Okay. I move that we uh vote on Did we do the findings of facts?

We did. Okay. For vote on CDP25015. I make a Okay. Go ahead. I do make a motion to approve CDP uh 25-015 uh 5090. 5050 and zero Southwood Road. Second. Commissioner Perry. Nay. Commissioner Jones. I. Commissioner Jefferson. I. Commissioner Williams. Nay. Commissioner Price. I. Commissioner Deon. Nay.

It's a tie. All right, let's arm wrestle.

Do I get to vote twice? We can just make a recommendation on that city council. The first piece we recommended approval. The second one is no recommendation. Okay, we have a motion to for no recommendation on CDP 255015. Um, do I have a motion? Well, you already you don't have

you you have it you have it based on the fact uh uh Madam Chair, you have it based on the fact that that that's a it's a tie vote. We could not come to a comprehensive recommendation for unless to change the Okay. No recommendation. All right. Thank you. Yes. So that so that goes to council and it it's it's Yeah. No recommendation based on

it goes to council uh for no recommendation based on tie vote based on a tie. So that concludes all of our cases. That concludes all of our cases. And one announcement, please.

Oh, I have a staff has an announcement, too. So, we're gearing up for another round of comm um comprehensive development plan community engagement and it starts actually tomorrow with district 4 at Elegant Occasions Event Center. All of these events will be from 6 p.m. to 8:00 p.m. Monday. District 2 will have their engagement on um Monday, January 26th um at Renaissance Church of Christ. District 6 will have their event on January 29th at the city of South and economic development office. District 3, February 2nd, will be at Welcome All Park from 6:00 to 8:00 p.m. as all meetings will be. And District 5 will have their community engagement on February 5th at Berdett Park. So, please show up and have your voice heard on the comprehensive development plan update. Any additional announcements prior to closing? Commissioner, staff,

great job sharing tonight, Madam Vice Chair. Thank you very much. I think Mr. Williams, didn't you have an announcement? Oh, okay. Then we will bring this meeting to a close. I move that we adjourn. Second. So second. All right. Commissioner Perry. Commissioner Jones. Oh, I I Commissioner Jefferson, I Commissioner Deon, I Commissioner Williams, I Commissioner Price, I