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Commissioners approve exception for convenience store with fuel pumps in Beis Lake; add ban on drive-thru fast food

2087957 · January 7, 2025
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Summary

The Board granted an exceptional variance allowing a neighborhood convenience store with fuel pumps in the Bells Ferry overlay at Beis Lake, subject to a stipulation letter and an added county condition barring fast-food drive-thru restaurants. Residents and a neighboring fuel operator voiced opposition at the hearing.

The Cherokee County Board of Commissioners on Jan. 7 approved an exceptional-variance request permitting a convenience store with fuel pumps at a site on Beis Lake Parkway within the Bells Ferry overlay, subject to a written stipulation from the developer and an additional county condition that expressly prohibits fast-food restaurants with drive-thru windows on the site.

Planning staff described the proposal as a four-building mixed-commercial development in the neighborhood-center portion of the overlay; only one of the buildings would be a neighborhood convenience store with a small number of pumps located behind the store. The developer provided a stipulation letter (items A–H) that includes: general conformance with the December 6 plan; signage and striping per the site plan; clarifying that a gated connection to the adjacent Quincy apartment complex would be exit-only; lighting that is down-lit to limit spill onto residential property; rebuilt sidewalks and decorative fencing; masonry screening for the dumpster enclosure facing apartments; and dedication of an access/utility easement to the apartment property.

Proponents said the design places pumps behind the store and mixes retail and civic space to serve residents. “This is a neighborhood store that’s part of a mixture of other commercial uses,” a development representative told the board. Developers also told the board that the plan was intended to reduce left-turn movements from Bells Ferry Road by siting the store for right-in/right-out access.

Several nearby residents opposed the use of the site for fueling: Holly Garcia said the area already has multiple stations and said another gas station would harm the neighborhood’s character and increase noise and traffic. Amit Patel, who said he operates the adjoining Sitco station, said his business and other nearby pumps serve the travel corridor and argued the market does not need additional fuel capacity.

Commissioner Ragsdale moved to grant the exceptional variance with the applicant’s stipulation letter and to add a county condition prohibiting fast-food drive-thru restaurants on the development; Commissioner Carter seconded. Commissioners voted unanimously to approve the exception with the stipulations and the drive-thru prohibition. The approved action requires the developer to proceed under the stipulation letter and adhere to county permitting and site-plan review. The approval does not adopt any separate market or business determinations about fuel demand; those matters were discussed by commenters but are not part of the county’s zoning decision.