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Board weighs revocation of Rocky's Lake Estates helipad but delays decision to February

Cherokee County Board of Commissioners · January 21, 2025
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Summary

After marshals and the solicitor's office flagged multiple alleged violations of helipad special-use permit conditions, the board heard pilots, the property owner and many neighbors and unanimously voted to postpone a revocation decision until the board's second meeting in February to allow further review.

Cherokee County staff presented a county-initiated public hearing on whether to revoke the helipad special use permit (Resolution 2022R-76) for Rocky's Lake Estates at 2700 Cox Road after multiple alleged violations of conditions tied to location, flight path and trip limits.

Sergeant William King of the Cherokee County Marshals Office summarized two incidents the Marshals cited: an Oct. 22, 2023 landing that the Marshals measured at about 180 feet from the property line (condition required no less than 200 feet) and a Jan. 20, 2024 arrival-departure that allegedly deviated from the approved flight path. King said citations were filed and the solicitor's office later returned multiple accusatory counts tied to SUP conditions and the county noise ordinance.

Attorney John Connolly, representing the property owner, Rocky Morris, challenged procedural and due-process aspects and said some alleged violations resulted from pilot decisions made for safety when a helipad system failed. Pilot Mike Russell of Prestige Helicopters said pilots must comply with FAA altitude and safety rules and described wind events that can shift approach paths; he said pilots aim for the designated path but sometimes must choose a safe alternate landing location.

Owner Rocky Morris told the board the cited 10/22/2023 landing was a safety-driven one-time event caused by the helipad blower failing and that a backup had been added. "This was a one time event," Morris said, and noted he had spent substantial funds to comply with permit conditions since the SUP was issued. Neighbors and other residents testified they continued to have safety and noise concerns and highlighted the proximity of dense residential areas to flight paths.

After extensive public testimony and legal discussion, Commissioner Weatherby moved to postpone final action to allow the board and staff to digest evidence and check legal and procedural matters; Commissioner Carter seconded. The motion to table the item until the board's second meeting in February carried unanimously. The board instructed staff to review citations, solicitor's filings and procedural notice requirements under the zoning ordinance before the next hearing.

No revocation vote was taken at the Jan. 21 meeting; the issue remains pending.