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Commissioners review board-initiated Pea Ridge rezoning with conditions amid pending litigation
Summary
The Board discussed a plan to rezone 63.05 acres from R40 to R20 with seven proffered conditions — including sidewalks, a development agreement, a 137-lot cap and a required connection to the Ralph Bunch Center — and noted the parcel is subject to a pending civil action filed Sept. 18, 2025.
Cherokee County planning staff asked the Board of Commissioners to consider a board-initiated rezoning to change 63.05 acres from R40 to R20, covering four parcels primarily fronting Pea Ridge Road.
Staff recommended seven proffered conditions if the board approves R20: installation of sidewalks and streetlights along Pea Ridge Road adjacent to the site; entry into a development agreement addressing right-of-way improvements; a cap of no more than 137 constructed lots; prohibition of vinyl siding on homes; retention of a future vehicular connection to the property now or formerly known as the Ralph Bunch Center; provision of a community amenity for the Pea Ridge neighborhood; and reserving road names to honor original Pea Ridge landowners, as approved by the county GIS director.
Staff told commissioners the strip of parcels previously appeared before the board in a different application that was denied, and that the prior developer later filed civil litigation challenging the R40 classification. "Pea Ridge Land Investments and Nickel Creek Development filed civil action against Cherokee County on Sept. 18, 2025," staff said, prompting commissioners to note the matter could be discussed further in executive session because of the pending lawsuit.
Board members asked whether the site plan shown was informational only (staff confirmed it was) and raised access and conservation issues — in particular whether conservation standards should be allowed and whether access from Pea Ridge Road should be limited or gated. Staff noted a pending small-area plan (CDAP) for the location and said the Atlanta Regional Commission study is expected in ~May–June.
Next steps: staff will place the rezoning on the public-hearing agenda and suggested the board may discuss litigation and access concerns in executive session if desired.
