Whitfield County, Dalton approve multiple rezoning requests; gas-station rezoning draws floodplain, buffering debate

Whitfield County commissioners and the Dalton planning authority on Sept. 22 approved most of 11 land-use requests presented at a joint public hearing, including a rezoning that would allow a proposed gas station on Antioch Drive.

Planning staff recommended denying the gas-station rezoning from medium-density single-family (R-3) to general commercial (C-2), citing a floodway/floodplain that affects much of the property and the difficulty of providing an adequate buffer next to adjacent single-family lots. Nathan (planning staff) told commissioners the property “is heavily impacted by the floodway and the floodplain,” and that the need to protect the integrity of the neighboring suburban character weighed against commercial rezoning.

The petitioner, property owner Shazman Ali, told the commission he had spent significant money and study time on the site and disputed the staff position about developability. "I have tried and I have spent almost $50,000 just on engineering and studies," Ali said, and argued the buildable portion at the front of the lot would not be in the floodway. He added a commercial use would produce greater property-tax revenue and said the site plan included a 20-foot buffer. "From a property tax perspective, 1 gas station would be equivalent to almost 6 or 7 houses," Ali said.

Commissioners voted to approve the rezoning to C-2. The motion to approve was made and seconded during the open meeting; the transcript records the board calling for the ayes and indicating the motion carried.

Votes at a glance

- Shazman Ali — rezone 10.66 acres from R-3 to C-2 (Antioch Drive, county): Approved. Staff recommended denial because of floodway/floodplain constraints and difficulty providing required buffering adjacent to residential lots; petitioner said buildable area and stormwater mitigation make the project feasible and that he had invested substantial engineering work.

- Janet Adams — rezone 1.42 acres from GA (General Agriculture) to R-1 (Estate Residential) (Crow Valley Road, county): Approved. Applicant said change supports estate planning and transferring a narrow "stovepipe" parcel to a family member.

- Daniel Blair — rezone about 6.72 acres from R-2 (Low Density Single-Family) to GA: Approved. Applicant said rezoning brings the existing manufactured home into conforming status so his daughter can occupy it.

- Jerry Crow — rezone 5.0 acres from R-2 to GA (Rollins Ketchum Road, county): Approved. Petitioner and adjacent landowners described long-running hay and cattle uses and said the rezoning would match surrounding agricultural character.

- Deborah Kirk & Tony Silvers — rezone 25.69 acres from M-2 (Heavy Manufacturing) to R-5 (Rural Residential): Approved. Staff said the site already contains three single-family dwellings and the change brings existing uses into conformance with adjacent residential zoning.

- Larry Moss (represented) — rezone 9.69 acres from R-2 to Suburban Agriculture (SA) (Prospect Road, county): Approved. Petitioner said SA zoning would enable family-easement subdivisions (minimum 3-acre lots) while keeping the rural character.

- Elise Perez (application issues) — request to rezone (owner not present; power-of-attorney not supplied): Postponed initially and later denied in the meeting record for lack of required owner authorization (transcript shows the board voted to deny the request after staff confirmed no authority to proceed).

- Mar…