(Jan. 5, 2024) – The Cherokee County Board of Commissioners considered several alcohol license distance and residency waiver requests for new package store districts, created by ordinance following the referendum approval in November 2022. County staff worked much of 2023 on developing the ordinance and putting a process in place for those who wished to open a package store to sell distilled spirits.

Prior to being considered for a lottery, potential owners must file applications that include locations that adhere to the prescribed ordinance. The ordinance allows for variances and waivers in some cases.

The Board denied three of the four distance waiver requests. Per the ordinance, distilled spirits package stores must be 600 feet away from a residence. The Board approved, 4-0, Hickory Flat LLC’s request for a distance waiver for the location of 6875 Hickory Flat Hwy. in Retail District 3-Hickory Flat. The applicant’s location was 47 feet shy of meeting the 600-foot requirement. District 2 Commissioner Richard Weatherby, in whose district the location lies, made the motion, which was seconded by District 3 Commissioner Benny Carter. District 1 Commissioner Steve West was absent due to illness.

Weatherby indicated the location was at a major intersection and he saw no opposition to the request.

The Board denied, 4-0, Yogi 1921 LLC’s request for a distance waiver at 12400 Cumming Hwy. in Retail District 1-Free Home. The location is 521 feet from the nearest residence, however the Board heard from nearby property owners that they opposed the location to be used as a package store. Commissioner Weatherby made the motion to deny, which was seconded by Commissioner Carter. The applicant also was seeking an alcohol license residency waiver request, but due to the distance waiver being denied, no action was taken on the second waiver request.

The Board denied Pragnesh Patel’s request for a distance waiver of the location at 8921 Bells Ferry Road, which lacked 243 feet to meet the requirement. The location is in Retail District 4 – Bells Ferry/Sixes. Commissioner Carter made the motion to deny, which was seconded by Commissioner Weatherby. The vote was 4-0. Due to the distance waiver request being denied, no action was taken on the applicant’s request for a residency waiver.

VMC, LLC’s request for a distance waiver at 2740 Highway 92, Woodstock, in Retail District 6-Northpoint, was denied, 4-0. The location was 307 feet shy of meeting the distance requirement, and District 4 Commissioner Corey Ragsdale indicated the location was in front of the county’s approved park planned and in design for southwest Cherokee. Commissioner Ragsdale made the motion, which was seconded by Commissioner Carter.

In Retail District 5-Bells Ferry/Highway 92, no distance waiver requests were filed, but the Board approved two alcohol license residency waiver requests at the same location, 5783 Bells Ferry Road, Woodstock. Jaspal Singh Banti and Yesha Patel both filed waiver requests for the residency requirement. Commissioner Ragsdale made the motion to approve Banti’s request, which was seconded by Commissioner Weatherby. Commissioner Ragsdale also made the motion to approve Patel’s request, which was seconded by Commissioner Carter. Both votes were 4-0.

A lottery will be held Jan. 16 at 3 p.m. for Retail District 5. The lottery winner must continue through the process to receive a Special Use Permit before being approved to proceed with permitting.

During the Jan. 2 meeting, the Board also:

• Announced the online public engagement survey for the Highway 20 Visual Preference Survey. The survey can be found at cherokeega.com/planning-and-zoning. It will be open until Feb. 16. There are two public input meetings planned on Jan. 18 and Feb. 7. Both are from 6-7:30 p.m. at the L.B. Ahrens Recreation Center.
• Approved, 4-0, electing District 3 Commissioner Benny Carter as the 2024 Vice Chair. Commissioner Weatherby made the motion, which was seconded by Commissioner Ragsdale.
• Approved, 4-0, the minutes from the Dec. 19 work session, executive session and regular meeting. Commissioner Carter made the motion, which was seconded by Commissioner Weatherby.
• Held a public hearing regarding Next Step Ministries, Inc.’s request to modify zoning conditions from a 1985 case. The zoning condition limits buildings on the property to a maximum 10,000 square feet. Next Step Ministries is requesting to building a 10,920-square-foot two-floor building to expand its services. Four people spoke in support, and three people spoke in opposition. The applicant and her attorney also spoke in favor. Commissioner Weatherby made a motion to table the case until Jan. 16, which was seconded by Commissioner Carter. The vote was 4-0.
• Tabled, 4-0, a board-initiated rezoning per a settlement agreement between Hazel Creek Properties, LLC and Cherokee County for a parcel located at 3202 Hickory Flat Highway. The approval rezones the property from R-40 to Office & Institutional and Neighborhood with conditions. Commissioner Weatherby made the motion, which was seconded by Commissioner Carter. Commissioner Weatherby asked that Hazel Creek Properties provide an updated site plan for review before the case is heard again at the Feb. 6 meeting.
• Remanded back to Planning Commission with a 4-0 vote Hani Narmani’s request to rezone 9.14 acres on Cumming Highway at Wheeler Martin Road from Agriculture and R-80 to Neighborhood Commercial for a multi-use commercial lot. The applicant has indicated the plan will be scaled back. Commissioner Weatherby made the motion, which was seconded by Commissioner Carter.
• Approved, 4-0, Trevor Hall’s request for Special Use Permit for a heating and air-conditioning contractor to be located at 711 Bascomb Commercial Parkway. Commissioner Ragsdale made the motion, which was seconded by Commissioner Carter.
• Approved, 4-0, Traton Homes’ request to rezone 0.39 acres on Priest Road near Highway 92 from General Commercial to Residential Townhomes. During the Land Disturbance Permit process, an error in recording the plat was found. This rezoning will correct that and allow four additional homes. The vote also included a concurrent variance reducing the zoning buffer from 35 feet to 0 feet, as the parcel is being added to an existing project. Commissioner Ragsdale made the motion, which was seconded by Commissioner Carter.
• Approved, 4-0, William Scott’s request to rezone 3.297 acres at 344 Charles Road from R-80 Estate Residential to R-60 Estate Residential to split the lot into two. R-60 allows for lot sizes of 60,000 square feet, while R-80 is 80,000 square feet. Commissioner Weatherby made the motion, which was seconded by Commissioner Carter.
• Approved, 4-0, McDaniel Hwy 20, LLC’s request to rezone 5.39 acres at 11058 Cumming Hwy., from R-80 Estate Residential to Neighborhood Commercial for a lawn and garden center. The applicant also requested a variance to Article 7, which prohibits outside storage or a display of vehicles, equipment or merchandise for rent, lease or sale to be no more than 50 percent of the frontage, but the motion included denial of the variance. Commissioner Weatherby made the motion, which was seconded by Commissioner Carter.
• Approved, 4-0, not hearing Jorge Serrano’s request to appeal a Zoning Board of Appeals case. Commissioner Ragsdale made the motion, which was seconded by Commissioner Carter.
• Approved, 4-0, the consent agenda, which included: a budget amendment to accept the EMS Annual Trauma Grant for Fire & Emergency Services totaling $18,632.83; surplus of various obsolete computer-related items and equipment for Fire & Emergency Services; a resolution to waive the alcohol license residency requirement for Publix Supermarket at 12424 Cumming Hwy., Canton; a resolution to waive the alcohol license residency requirement for Mapco Express, Inc. at 1430 Kellogg Creek Road, Acworth; and an update to the FTA Public Transportation Agency Safety Plan for CATS. Commissioner Carter made the motion, which was seconded by Commissioner Ragsdale.
• Approved, 4-0, the purchase of 30 2024 Ford Police Interceptors from Wade Ford on behalf of the Sheriff’s Office. The total is $1.4 million ($46,752 each). This is part of the Sheriff’s Office Five-Year Fleet Plan and is a SPLOST-approved project. Commissioner Weatherby made the motion, which was seconded by Commissioner Ragsdale.
• Approved, 4-0, an agreement with DC Pool Service, LLC, the low bidder, to replace the UV systems on both indoor pools at the Cherokee County Aquatic Center. This is a SPLOST-approved project. The cost is $88,497. Commissioner Carter made the motion, which was seconded by Commissioner Ragsdale.
• Approved, 4-0, the purchase of networking equipment for installation at the new probation office under construction at 400 East Main St. The cost is $45,099. The project is funded by ARPA dollars. Commissioner Weatherby made the motion, which was seconded by Commissioner Carter.
• Approved, 4-0, an agreement with Ashton Atlanta Residential LLC for the sale of 0.75 acres of a surplus portion of Patriots Park for $240,000. Commissioner Ragsdale made the motion, which was seconded by Commissioner Carter.
• Tabled, 4-0, a resolution allowing motorized carts on approved streets in Crabapple Falls subdivision. Commissioner Weatherby, in whose district the subdivision lies, indicated the Board requested they canvas the subdivision and collect information on who was in favor, against and had no opinion. He believed that had not been done and motioned to give the applicants until the March 5 meeting to collect the information. Commissioner Weatherby made the motion, which was seconded by Commissioner Carter.
• Approved, 4-0, a resolution allowing motorized carts on approved streets in the Southlands subdivision. Commissioner Weatherby made the motion, which was seconded by Commissioner Carter. Weatherby indicated the applicant canvassed the neighborhood and documented who was for, who was against and who had no preference. Eighty-two percent of the neighborhood indicated being in favor of the measure.