(JAN. 13, 2023) -- Updated regulations are in place for new storage facilities, and the moratorium on new applications will expire later this month.

At its Jan. 10 meeting, the Cherokee County Board of Commissioners approved several text amendments related to indoor, climate-controlled storage units and outdoor storage facilities.

The Board of Commissioners implemented a moratorium in September to give staff an opportunity to review Article 7 of the Cherokee County Zoning Ordinance, later extending the moratorium to Jan. 16. A public hearing on the proposed changes was held on Dec. 6.

The conversation began with updates to the text regarding outdoor storage facilities, but was expanded to include indoor, climate-controlled and non-climate-controlled facilities to capture the entire scope. Staff felt changes were needed due to demand of storage facilities requests.

“We need to be able to control where they go and how many there are across the county,” said District 3 Commissioner Benny Carter.

Approved amendments to the zoning ordinance include:

• A minimum parcel size of 3 acres for climate-controlled storage facilities
• A minimum parcel size of 5 acres for non-climate-controlled storage units and outdoor storage facilities.
• All non-climate-controlled storage and outdoor storage facilities shall have a minimum setback of 50 feet from any local street right of way, 65 feet from any collector street right of way and 75 feet from any arterial street right of way, and a setback of 25 feet from any side or rear property line.
• All non-climate-controlled and outdoor storage facilities shall be fully enclosed by a 6-foot-tall opaque privacy fence or decorative wall. The finished side of the fence or decorative wall shall face the exterior property line when located internally to a designated industrial park and zoned Light Industrial, a 6-foot-tall chain-link fence may be used as an alternative fence material when located to other property zoned Light Industrial. Setbacks for fencing or decorative walls shall meet the same minimum setbacks for non-climate-controlled and outdoor storage facilities.
• Between the fence or decorative wall and the roads, screening of a minimum of 10 feet must be provided for non-climate-controlled and outdoor storage facilities. Screening includes a combination of existing vegetation, a double staggered row of evergreen plantings and/or a landscaped earthen berm with a maximum of a 3:1 slope.
• Additionally for non-climate-controlled facilities, a year-round visual landscape screen must be provided between the fence or decorative wall and the side and rear property lines, as determined by the Cherokee County arborist. The arborist may determine that supplemental plantings may be required where the topography, plantings or berm do not adequately screen the storage facility.
• When an applicant is proposing a non-enclosed outdoor storage area, the location is limited to the side or rear of the principal building.

Changes to the Zoning Ordinance also include that a Special Use Permit is required for all storage facilities in both the General Commercial and Light Industrial zoning categories.

Senior Planner Dana Spayde told Commissioners conditions could be added to individual Special Use Permits as they come in for review and approval, on a case-by-case basis. District 4 Commissioner Corey Ragsdale mentioned requirements may need to change for different areas of the county, citing the population, density and land availability in his district versus District 1 in the northern end of the county.

Commissioner Ragsdale made the motion to approve the text edits to the ordinance with District 1 Commissioner Steve West seconding. The vote was 5-0.

City Annexation Requests

The Board also voted on input to provide to the city of Canton on two separate annexation cases only miles apart. T-2 Capital Management has an annexation and rezoning application before the city of Canton for a 300 residential unit subdivision to include multi-family, townhomes and single-family residential for rent. The density is proposed at about 15 units per acre. Two residents of the neighboring Mills Ridge subdivision spoke during public comment against the city annexation, asking for Commissioners to assist.

The Board approved, 5-0, notifying the city of concerns regarding the 2.82 annexation at Gail Avenue and Putnam Drive that will add to a larger 20-acre assemblage for the residential development. The Board’s greatest concern is the density of the project, which is five times what is acceptable in the character areas in both the city and county as it is currently zoned. The letter is asking the city to consider a density more in line with what the current character areas allow. If the city approves the annexation and rezoning, the Board of Commissioners is asking that a larger vegetative buffer be required along Gail Avenue, to continue to work with the county on road maintenance to address increased traffic, require townhomes and single-family homes be for sale instead of for rent, as currently proposed, and to require a turnaround at the end of Gail Avenue for Fire and Emergency Services.

Chairman Harry Johnston made the motion, which was seconded by Commissioner Carter. The case is expected to be heard before the Canton City Council on Jan. 19.

The Board also approved, 5-0, informing the city of Canton of concerns regarding 620 Prominence Pt Pkwy Development Partners LLC’s annexation request of 14.366 acres at 620 Prominence Point Parkway for 114 townhomes. The Board of Commissioners is asking the city to reduce the density to be more compatible with the county development north of the project and the city development south of the project, realign the entrance to eliminate the requirement for a right-in, right-out to prevent the need for U-turns on Prominence Point Parkway and require the homes be for sale instead of for rent. Legal review also indicated the annexation would create an unincorporated island, and Commissioners are asking the City Council to not create an unincorporated island with the action. Creation of an unincorporated island is a violation of state law. Additionally, the Board directed staff to note in the letter that an apartment complex near the Prominence Point Publix already is under construction.

Chairman Johnston made the motion, which was seconded by Commissioner Carter.

In other business, the Board:

• Heard Commissioner Ragsdale read appointments to various boards and committees into the record, including: Angela Millwood, Cemetery Preservation Committee; Evert Hekman, Construction Board of Appeals; Fred Baruchman, Fire Code Appeals Board; Rick Whiteside, Planning Commission; Jason Nelms, Recreation & Parks Advisory Board; and Tim Ragsdale, Impact Fees Appeals Board, Wrecker Service Advisory Board, and Zoning Board of Appeals. No vote was taken. Commissioner Ragsdale indicated he is still seeking an appointment to the Animal Control Board.
• Approved, 5-0, minutes from the Dec. 20 work session, executive session and regular meeting. District 2 Commissioner Richard Weatherby made the motion, which was seconded by Commissioner Carter.
• Approved, 5-0, My Georgia Plumber Inc.’s request to rezone about 1.7 acres at 2080 Marietta Highway from R-40 and General Commercial to General Commercial with four conditions, including no vehicular access to Ridgewood Drive, signage must conform to city of Canton requirements, no overnight parking or material storage in front or side yards and any storage in the rear of the building must be screened. Commissioner Carter made the motion, which was seconded by Commissioner West. The Board also approved, 5-0, My Georgia Plumber, Inc.’s request for a Special Use Permit to operate the business and added a condition that the permit runs concurrent with the business license for My Georgia Plumber, Inc. Commissioner Carter made the motion, which was seconded by West.
• Remanded back to Planning Commission with a 5-0 vote, Joseph Rajecki’s request to rezone 1.2 acres from R-80 to R-40 at 5966 Vaughn Road, which also included a concurrent variance to eliminate a 10-foot buffer. The Planning Commission recommended denial. The applicant indicated an R-60 zoning would work for his needs if R-40 was not amenable to the Board. Commissioner Weatherby indicated he’d like the applicant to rework the site plan for an R-60 zoning and present that plan to the Planning Commission for a recommendation to the Board of Commissioners. Another public hearing will be required at Planning Commission. Commissioner Weather made the motion, which was seconded by Commissioner Carter.
• Denied, 5-0, SourceOne Car Wash Advisors LLC’s request to rezone 1.58 acres at 6679 Hickory Flat Highway from Neighborhood Commercial to General Commercial for a car wash. The Planning Commission recommended denial. The applicant requested a postponement until Feb. 7. Commissioner Weatherby made the motion to deny, which was seconded by Commissioner West.
• Approved, 5-0, CSC Properties’ request to rezone 0.344 acres from Light Industrial to General Commercial and 0.408 acres from General Commercial to Light Industrial to General Commercial at 6121 James Dupree Lane for a Circle K Store with a quick service restaurant on the south side of the property with five variances and one condition. Variances relate to streetscapes, a reduce driveway spacing, elimination of a deceleration lane, reduction of building setbacks from 50 feet to 30 feet and reduction of the zoning buffer between Light Industrial and General Commercial. The condition indicates that dumpster services be limited to the hours of 7 a.m. and 5 p.m. Commissioner Ragsdale made the motion, which was seconded by Commissioner Carter.
• Approved, 5-0, the consent agenda, which includes seven budget amendments totaling $115,130 for allocations to the Multiple Grant Fund to continue grant projects that started in FY2022; acceptance of the annual Victim of Crime Act base award on behalf of the Solicitor-General’s office in the total amount of $175,076 to partially fund four advocate positions; acceptance of $2,000 on behalf of the District Attorney’s Office from the U.S. Secret Service for cost reimbursement of an assigned joint operations task force; final acceptance of all public rights of way, roadways and appurtenant drainage structures in the Prescott at Wade Green subdivision; final acceptance of all public rights of way, roadways and appurtenant drainage structures in the Governor’s Preserve Units 7A and 7B subdivision; and an easement agreement with Georgia Power for a distribution line easement at 7325 Vaughn Road (Station 23). Commissioner West made the motion, which was seconded by Weatherby.
• Approved, 5-0, the purchase of a Ford F-150 Police Responder truck for a total cost of $41,105 for the Sheriff’s Office. Commissioner Weatherby made the motion, which was seconded by Commissioner West.
• Approved, 5-0, a Professional Services Agreement with Above and Beyond Counseling Services as the treatment provider for the Family Treatment Court. Commissioner Carter made the motion, which was seconded by Ragsdale.