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City of South Fulton, Georgia 5440 Fulton Industrial Blvd.
South Fulton, GA 30336
Phone: 470-552-4311
Agenda
cityofsouthfultonga.gov
Alcohol License and Zoning Public
Hearings Special Meeting
The Honorable khalid kamau, Mayor
The Honorable Catherine F. Rowell, District 1
The Honorable Carmalitha Gumbs, District 2
The Honorable Helen Z. Willis, District 3
The Honorable Jaceey Sebastian, District 4
The Honorable Keosha B. Bell, District 5
The Honorable Natasha Williams-Brown, District 6
The Honorable Linda B. Pritchett, District 7
Tuesday, December 9, 2025 5:00 PM City Hall
SOUTH FULTON CITY COUNCIL MISSION STATEMENT:
To provide exceptional customer service that sustains a safe, inclusive, innovative, and an economically vibrant city.
Live-stream: Public Meeting Portal (Civic Clerk):
https://southfultonga.portal.civicclerk.com
Public Comment: https://www.cityofsouthfultonga.gov/3074/Public-Comment-at-Council-
Meetings
I. Meeting Called to Order - Mayor khalid
II. Roll Call - Corey Adams, City Clerk
III. Alcohol Licenses, Rezonings, Variance and Modification Cases (For Presentation and
Public Hearing Only)
A. Case Z25-031/CV25-004: (Public Hearing): An application by Lavarien Grundy Sr.
requesting a rezoning from R-3 (Single-Family Dwelling District/Sandtown Overlay District)
to R-4A (Single-Family Dwelling District/Sandtown Overlay District) to develop three
single-family residential lots on 1.65 acres at 4865 Campbellton Road (14F0077
LL0558). The applicant also requests a concurrent variance from Section 405.01 (b)(2) to
eliminate the 100ft buffer. Council District: 1. (This item was deferred at the November 12,
2025 public hearing meeting until the December 9, 2025 public hearing meeting.)
Staff Recommendation: Approval
Planning Commission Recommendation: Approval
B. Case Z25-033/ U25-014/ CDP25-012 (Public Hearing): An application by Anré
Washington c/o MK Energy requesting a rezoning from AG-1 (Agricultural District/ Cedar
Grove Overlay District) to C-2 (General Commercial/ Cedar Grove Overlay District) and a
Special Use Permit to operate a convenience store with fuel pumps; requesting
Future Land Use Amendment to amend the character area from Rural Neighborhood to
Community Work-Live at 0 Campbellton Fairburn Road (Parcel ID: 09F310001401098)
Nearest cross street is Jones Rd and Hall Rd. Council District: 4.
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Staff Recommendation: Denial
Planning Commission Recommendation: Denial All
C. Case U25-013 (Public Hearing): An application by Earlie Rockette requesting a Special
Use Permit to allow Group Residence for 6-9 Children in CUP (Community Unit
Plan/Old National Highway Overlay) zoning at 120 Cainwood Ct E. (Parcel ID:
13016300010120) Council District: 6.
Staff Recommendation: Approval Conditional
Planning Commission Recommendation: Denial
IV. Executive Session, if neccesary
V. Adjournment of Meeting
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TO: City of South Fulton Planning Commission
FROM: Department of Community Development and Regulatory
Affairs
Planning & Zoning Division
SUBJECT: Z25-031/CV25-004: 4865 Campbellton Road
MEETING DATE: September 16, 2025
Lavarien Grundy Sr. requesting a rezoning from R-3 (Single-Family Dwelling
District/Sandtown Overlay District) to R-4A (Single-Family Dwelling
District/Sandtown Overlay District) to develop three single family residential lots
on 1.65 acres at 4865 Campbellton Road (14F0077 LL0558).
The applicant also requests a concurrent variance from Section 405.01 (b)(2) to
eliminate the 100ft buffer.
City Council District: 1.
STAFF RECOMMENDATION: DENIAL
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APPLICATION INFORMATION
Applicant Information: Lavarien Grundy Sr.
Status of Applicant: Applicant
City Council District(s): 1
Parcel ID Number: 14F0077 LL0558
Area of Property: 1.65 acres
Existing Zoning: R-3 (Single-Family Dwelling District/Sandtown Overlay District)
Current/Past Use of the Property: There’s a single-family home on the property.
Prior Zoning Cases/History: N/A
SPECIFIC INFORMATION
REQUEST
The applicant is requesting to rezone to R-4A/Sandtown Overlay District to develop three single-family
residential lots. One of the proposed lots will be 12,003.56 sq ft, which qualifies under R-4A, and the second will
be 19,416.3 sq ft. The original lot will remain at 40,814.14 sq ft.
PROPERTY LOCATION
The property consists of 1.65 total acres located on the eastern side of Campbellton Road being in Land Lot 77
of the 14th District in the City of South Fulton, Fulton County, Georgia and City Council District 1.
2021 COMPREHENSIVE PLAN LAND USE DESIGNATION
The subject property has a future land use designation of Suburban I Neighborhood as designated in the 2021
South Fulton Comprehensive Plan, which supports the proposed zoning classification and density.
ADJACENT ZONING AND LAND USES
North: City of Atlanta/ Single-Family Dwellings
South: R-3 (Single-Family Dwelling District/Sandtown Overlay District)/ Single-Family Dwelling
East: City of Atlanta/ Single-Family Dwellings
West: R-3 (Single-Family Dwelling District/Sandtown Overlay District) & AG-1 (Agricultural
District/Sandtown Overlay District)/ Single-Family Dwellings
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COMMUNITY AND PROPERTY OWNERS’ NOTIFICATION/COMMENTS
Per the requirements of Section 803.05, a Community Zoning Information Meeting was held on August 4, 2025,
at 6:00pm. The applicants presented their rezoning plan to attendees.
Staff placed the required notice of public hearing in the South Fulton Neighbor on August 26, 2025, to notify the
public that Case Z25-031/CV25-004 would be heard at the Planning Commission Meeting on September 16,
2025, and at the City Council Public Hearing on October 14, 2025.
The applicant placed a notification sign in front of the subject property on August 26, 2025, to notify the
surrounding community of the aforementioned hearing dates.
The Applicant was given the addresses within one mile of the subject property for the purposes of hosting their
own community meeting.
APPLICABLE CODE REQUIREMENTS
Sec. 405.01. - Landscape strip and zoning buffer requirements. (B)(2)
• A 100-foot zoning buffer shall be provided for all new residential developments along property
boundaries adjacent to or within a municipal jurisdiction adjacent to the City of South Fulton. To the
extent possible, the zoning buffer from an adjacent jurisdiction shall remain undisturbed. If it is
determined by the City Engineer that preservation of a completely undisturbed zoning buffer is not
feasible in a location due to topography, drainage or other factors, a landscape buffer plan (in
accordance with the buffer design standards in this Zoning Ordinance) shall be provided and executed
following review and approval by the City Engineer and Director of Community Development and
Regulatory Affairs.
Table 4-1 Area Regulations for Lots and Principal Buildings.
Sec. 512. - Sandtown Overlay District.
Standard of review for proposed rezoning (City Code, Appendix C, Sec. 803.06):
1) The suitability of the subject property for the zoned purposes;
The proposed zoning district and density is supported by the Future Land Use Map.
2) The extent to which the property values of the subject property are diminished by the particular
zoning restrictions;
The current zoning does not diminish the unimproved property value.
3) The extent to which the destruction of property values of the subject property promotes the health,
safety, morals or general welfare of the public;
The current zoning of R-3 (Single-Family Dwelling District/Sandtown Overlay District) does not diminish the
unimproved property value.
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4) The relative gain to the public as compared to the hardship imposed upon the individual property
owner;
Providing a wide diversity of housing types and affordability in the City of South Fulton while preserving
the surrounding natural, agricultural, and rural areas is the intention of the Suburban Neighborhood Character
Areas. This proposed development divides 4865 Campbellton Road into 2 additional lots while preserving the
existing single-family home on the property. Staff does not anticipate any hardship to the property owner.
5) The length of time the property has been vacant as zoned considered in the context of land
development in the area in the vicinity of the property;
The property holds a single-family home that the applicant intends to preserve. Whether this dwelling is vacant
is unknown to Staff at this time.
6) Whether the zoning proposal will permit a use that is suitable in view of the use and development of
adjacent and nearby property;
The proposal to develop single-family lots is suitable in view of the use and adjacent and nearby property. Even
though many of neighboring properties are within a different municipality, the use of the properties is the same.
7) Whether the zoning proposal will adversely affect the existing use or usability of
adjacent or nearby property;
The proposal should not adversely affect the use or usability of adjacent properties as the lots will have a similar
density to the City of Atlanta subdivision behind them. The applicant requests to eliminate the 100-foot
undisturbed zoning buffer required for all new residential developments along property boundaries adjacent to
or within a municipal jurisdiction adjacent to the City of South Fulton.
8) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently
zoned;
The property does have reasonable economic use as currently zoned.
9) Whether the zoning proposal will result in a use which will or could cause an excessive burdensome
use of existing streets, transportation facilities, utilities, or schools;
The zoning proposal should not result in a use that will cause an excessive burden to existing infrastructure.
10) Whether the zoning proposal is in conformity with the policies and intent of the Comprehensive Plan;
The zoning proposal is in conformity with the comprehensive plan. The property is located in the Suburban I
Neighborhood character area, which supports the development of middle-density residential housing.
11) Whether there are other existing or changing conditions affecting the use and development of the
property which give supporting grounds for either approval or disapproval of the zoning proposal;
No other conditions are known to Staff at this time that would affect the use and development of the property.
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12) Whether the zoning proposal will permit a use which can be considered environmentally adverse to
the natural resources, environment and citizens of South Fulton.
This zoning proposal will not permit a use that is environmentally adverse.
VARIANCE CONSIDERATIONS
Staff is including the specific conditions that must be considered for a variance to be granted to assist the Zoning
Board of Appeals in considering the application and its merits. According to our Code, these considerations
include:
808.09 Hardship Criteria:
Primary variances shall only be granted by the Zoning Board of Appeals and concurrent variances shall only be
granted by City Council upon showing that, owing to special conditions, a literal enforcement of the provisions of
this Ordinance would result in unnecessary hardship and such approval will not be contrary to the public interest.
A variance from the terms on this Ordinance shall not be granted unless a written application is submitted
demonstrating:
a. The application of the particular provision of the Zoning Ordinance to a particular piece of property,
due to extraordinary and exceptional conditions pertaining to that property because of its size, shape,
or topography, would create an unnecessary hardship for the owner while causing no detriment to
the public;
b. That special conditions and circumstances exist which are peculiar to the land, structure, sign, or
building involved and which are not applicable to other land, structures, or buildings in the same
district;
c. That literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of
rights commonly enjoyed by other properties within the same district under the terms of this
Ordinance;
d. That the special conditions and circumstances do not result from the actions of the appellant;
e. That granting the variance requested will not confer on the appellant any special privilege that is
denied by this Zoning Ordinance to other lands, structures or buildings in the same district;
f. That the request is limited to the extent necessary to alleviate the unnecessary hardship and not as a
convenience to the appellant nor to gain any advantage or interest over similarly zoned properties;
and
g. Relief, if granted, would be in harmony with, or, could be made to be in harmony with, the general
purpose and intent of the Zoning Ordinance.
PUBLIC PARTICIPATION
Staff awaits the public participation report for this case.
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STAFF RECOMMENDATION
The applicant is proposing to rezone from R-3/Sandtown Overlay District to R-4A/Sandtown Overlay District to
develop 2 additional lots on a 1.65-acre property that currently contains a single-family home. In addition to this
rezoning, the applicant wants a concurrent variance to eliminate the 100-feet zoning buffer required for all new
residential developments along property boundaries adjacent to or within a municipal jurisdiction adjacent to the
City of South Fulton. This property borders the City of Atlanta on its Northern and Western property lines.
The R-4A Single-Family Dwelling District is intended to provide land areas devoted to moderate density (12,000
square feet minimum lot size) residential uses and single-family subdivisions, with the option for larger house
sizes. The site plan submitted contains 3 lots, with holding the existing single-family home on the property. The
square footage of these 3 lots from top to bottom is 12,003.56 square feet, 40,814.14 square feet, and lastly,
19,416.35 square feet. The homes for lots are proposed to be two-story homes with a square footage of 1500-
2000 square feet.
The zoning proposal aligns with the City of South Fulton’s 2021 Comprehensive Plan and the properties’ future
land use designation of Suburban I Neighborhood. The purpose of the Suburban Neighborhood Character Areas
intends to provide a wide diversity of housing types and affordability in the City of South Fulton while preserving
the surrounding natural, agricultural, and rural areas. The Suburban I Neighborhood recommends a gross density
of 3 units per acre. This development meets this recommendation with gross density of 1.81 units per acre. The
character area also supports the zoning classifications: R-3, R-3A, R-4A, CUP (Community Unit Plan), NUP
(Neighborhood Unit Plan), and SH (Senior Housing); Therefore, R-4A is a supported by the Suburban I Character
Area.
This property is also subject to Sandtown Overlay District guidelines in Section 512 of the City of South Fulton’s
Zoning Ordinance. This district establishes “a uniform procedure for providing for the protection, enhancement,
preservation, unity of design, and use of places, sites, buildings, structures, streets, neighborhoods, and landscape
features.” Single-family dwelling units are exempt from the requirements of this District, with the exception that
compliance with Section 512.11(f) is required. 512.11(f) states “Prohibited building materials for exterior walls
and accents on all residential and nonresidential buildings: metal panel systems, vinyl siding, site-cast smooth
concrete masonry or plain reinforced concrete slabs, aluminum siding, pressed-wood panels, plywood panels,
mirrored glass, and corrugated steel (exceptions: mechanical penthouse and roof screens). In addition, synthetic
stucco and aluminum siding is prohibited on all residential buildings.”
As stated before, in addition to the rezoning, the applicant is asking to remove the 100-foot zoning buffer required
for all new residential developments along property boundaries adjacent to or within a municipal jurisdiction.
This buffer would significantly cut into the property leaving much of it not buildable. This buffer would also
create a non-conformity on the lot with the existing single-family home. Other properties in this area are similar
in lot area to the proposed lots for this development; therefore, it would not create any special privileges to
applicant for this variance to be approved. Staff find this variance to meet the hardship criteria in Section 808.09
of the City of South Fulton’s municipal code.
The applicant has not met the public participation requirements.
Staff recommends DENIAL based on these factors.
PREPARED BY: Victoria Young, Senior Planner
REVIEWED BY: Reginald McClendon, Director, CDRA
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TO: Planning Commission
FROM: Department of Community Development and
Regulatory Affairs
Planning & Zoning Division
SUBJECT: Z25-033/U25-014/CDP25-012:
0 Campbellton Fairburn Road
MEETING DATE: November 19, 2025
MK Energy c/o Anré Washington requesting a rezoning from AG-1 (Agricultural District /
Cedar Grove Overlay District) zoning to C-2 (General Commercial District/ Cedar Grove
Overlay District) zoning with a Special Use Permit to allow a strip shopping center with a
convenience store with gasoline pumps. The applicant also requests a Future Land Use
Amendment request from Agricultural Neighborhood to Community Work-Live (District
4).
STAFF RECOMMENDATION: DENIAL
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APPLICATION INFORMATION
Applicant Information: MK Energy c/o Anré Washington
Status of Applicant: Applicant
City Council District(s): 4
Parcel ID Number: 09F310001401098
Area of Property: 3.61 acres
Existing Zoning: AG-1 (Agricultural/Old National Highway Overlay District)
Current/Past Use of the Property: The property is currently vacant.
Prior Zoning Cases/History: N/A
SPECIFIC INFORMATION
BACKGROUND
The applicant is requesting a rezoning from AG-1 (Agricultural District/Cedar Grove Overlay District) zoning to C-2
(General Commercial District/Cedar Grove Overlay District) zoning with a Special Use Permit to allow a strip shopping
center with a convenience store with gasoline pumps. The applicant also requests a Future Land Use Amendment request
from Agricultural Neighborhood to Community Live-Work.
Regarding the proposed development, the applicant is also requesting legislative waiver of the 3-mile radius requirement
between gas stations as set forth in Section 302.15(a) of the South Fulton Zoning Ordinance; and a legislative waiver of
the 1,000 ft distance requirement between a gas station and residentially zoned property as set forth in Section 302.15(b).
In order for the project to proceed, these distance requirements must be waived by the City Council.
PROPERTY LOCATION
The property consists of 3.61 acres, lying and being in Land Lot 140 of the 9th District of Fulton County, Georgia,
formerly Fayette County, Georgia, being Lot 7, Block A, Old Campbell Estates. The property is in Council
District 4.
2021 COMPREHENSIVE PLAN LAND USE DESIGNATION
The subject property has a future land use designation of Agricultural Neighborhood as designated in the 2021
South Fulton Comprehensive Plan, which does not support the proposed zoning classification. For this reason, the
applicant has requested a Future Land Use amendment to change the character area to Community Live-Work.
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ADJACENT ZONING AND LAND USES
North: AG-1 (Agricultural District/Cedar Grove Overlay District); single-family home
South: AG-1 (Agricultural District/Cedar Grove Overlay District); single-family home
East: Union City
West: AG-1 (Agricultural District/Cedar Grove Overlay District); single-family home
COMMUNITY AND PROPERTY OWNERS’ NOTIFICATION/COMMENTS
Per the requirements of Section 803.05, a Community Zoning Information Meeting was held in person on October
6, 2025, at 6:00pm. The applicants presented their rezoning plan to attendees, and staff members discussed concerns
regarding the proposed development with the developer.
Staff placed the required notice of public hearing in the South Fulton Neighbor on October 28, 2025 to notify the
public that the subject case would be heard at the Planning Commission Meeting on November 19, 2025 and at the
City Council Public Hearing on December 9, 2025.
Staff placed a notification sign in front of the subject property on October 28, 2025, to notify the surrounding
community of the aforementioned hearing dates.
The Applicant was given the addresses within one mile of the subject property for the purposes of hosting their own
community meeting.
APPLICABLE CODE REQUIREMENTS
Sec. 507. – Cedar Grove Overlay District.
Sec. 207.06. - Use tables. Table 2-4 Principal Use Table: Non-Residential Districts (NAICS Ref. 447110-
Gasoline Stations) *For Convenience Stores, see under Gas Stations
Sec. 302.15. - Gas station.
a) Excluding those with frontage on Fulton Industrial Boulevard. gas stations shall be separated by a
minimum of three miles from other gas stations. Separation distance shall be measured in a straight line
from the property line of said stations.
b) Gas stations shall not be located within 1,000 ft of residential uses and/or mixed-use districts that
include residential development.
Gas Station. An establishment where motor vehicle fuel is sold to retail customers. A gas station may
be part of a parcel containing a combination of convenience store and/or fast-food restaurant located
inside one structure on the parcel.
Sec. 15-4005. - Convenience stores.
a) Definitions. The following words, terms and phrases, when used in this section, shall have the following
meaning, except where the context clearly indicates a different meaning: Convenience goods means
basic food, household and/or pharmaceutical items.
Convenience store means any business that is primarily engaged in the retail sale of convenience goods,
or both convenience goods and gasoline, and has less than 10,000 square feet of retail floor space.
Convenience store does not include any business where there is no retail floor space accessible to the
public.
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Sec. 405.02. - Parking lot landscaping.
a) At-grade, non-single-family parking lots shall provide landscaped islands with a minimum of 200
square feet of contiguous soil space.
b) Required landscaped islands shall be located at both ends of a parking bay, and also after every five
parking spaces. A parking bay is a module consisting of one row of parking spaces and the aisle from
which motor vehicles enter and leave the spaces.
c) Such landscaped islands shall include minimum two-inch caliper diameter at breast height (DBH) shade
trees from the list of recommended shade trees for parking lots in Appendix K of the South Fulton Tree
Preservation Ordinance.
d) No parking space shall be more than 40 feet from a tree
e) Landscaping in these islands should preserve and maintain adequate sight lines from the minor lane to
the major lane. Alternate methods of landscaping parking lots may be approved whenever the Director
of Community Development and Regulatory Affairs determines that the alternate method equals or
exceeds this standard.
f) See also the South Fulton Tree Preservation Ordinance, Appendix J.
Sec. 602.04. - Electric vehicle parking required.
a) New commercial, mixed use, multi-family, and industrial developments which exceed nine off-street
parking spaces shall provide dedicated parking spaces for electric vehicles as follows:
1. At least one parking space for electric vehicles shall be provided in parking lots having 10—
25 parking spaces; and
2. At least one parking space for electric vehicles shall be provided for each additional 25 parking
spaces.
b) Commercial, mixed use, multi-family, and industrial redevelopments which exceed nine off-street
parking spaces shall provide dedicated parking spaces for electric vehicles spaces in accordance with
the requirements under subsection (a) above. Compliance with this subsection (b) is required for
redevelopment projects where site work and/or repaving of existing parking areas and driveways
(greater than nine parking spaces) exceeds 50 percent of the existing impervious surface area.
c) Electric vehicle parking spaces may be counted toward satisfying minimum off-street parking space
requirements of Table 6-1 Minimum Off-Street Parking Spaces Required by Principal Use.
d) See Section 605.05 below for electric vehicle parking space design requirements.
Table 6-1 Minimum Off-Street Parking Spaces Required by Principal Use
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Standard of review for proposed rezoning (City Code, Appendix C, Sec. 803.06):
1) The suitability of the subject property for the zoned purposes;
The Subject Property supports the size and intensity of the proposed use. The proposed zoning district is not supported
by the Future Land Use Map; however, the applicants are also requesting an amendment to the Future Land Use Map
from Rural Neighborhood to Community Work-Live; therefore if the amendment passes, it will support the proposed
rezoning. The proposed C-2 zoning district permits gas stations and convenience stores but does not allow gas stations
to be within three-mile radius from other gas stations.
2) The extent to which the property values of the subject property are diminished by the particular zoning
restrictions;
The current zoning of AG-1 (Agricultural/Cedar Grove Overlay District) does not diminish the unimproved property
value.
3) The extent to which the destruction of property values of the subject property promotes the health, safety,
morals or general welfare of the public;
The current property is undeveloped. The property does not diminish the unimproved property value.
4) The relative gain to the public as compared to the hardship imposed upon the individual property owner;
The Community Work-Live Character Area, which is the proposed Future Land Use Designation that the applicant
intends to change to, will provide a balanced mix of uses along Old National Highway and other key areas within the
City of South Fulton. The Regional Live-Work Character Areas contain the areas of highest density within the City of
South Fulton. The applicant intends to develop a new convenience store with gas pumps, which fits into the Regional
Live-Work character area, but goes against the special use regulations for gas stations being in a three-mile radius of
other gas stations. Staff does not anticipate any hardship to the property owner.
5) The length of time the property has been vacant as zoned considered in the context of land development in the
area in the vicinity of the property;
Staff has no knowledge of any prior development on the property.
6) Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent
and nearby property;
The zoning will not permit a use that is suitable for development of adjacent and nearby properties because
abutting properties are zoned and utilized as agricultural and residential.
7) Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;
Adding commercial development in the middle of a residential area will affect the existing use and usability of adjacent
properties. The extent of how this project would adversely affect these neighboring properties is unknown to Staff at
this time.
8) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently
zoned;
The property does have reasonable economic use as currently zoned.
9) Whether the zoning proposal will result in a use which will or could cause an excessive burdensome use
of existing streets, transportation facilities, utilities, or schools;
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The Zoning proposal should not cause any excessive burdensome use of existing street, transportation facilities, utilities,
or schools.
10) Whether the zoning proposal is in conformity with the policies and intent of the Comprehensive Plan;
The zoning proposal is not in conformity with the comprehensive plan. It is located in the Rural Neighborhood character
area, which is characterized by low to medium density residential. The applicant is seeking a future land use amendment
to Community Live-Work.
11) Whether there are other existing or changing conditions affecting the use and development of the
property which give supporting grounds for either approval or disapproval of the zoning proposal;
Section 302.15. Gas Station of the City of South Fulton’s Zoning Code states:
“(a) Excluding those with frontage on Fulton Industrial Boulevard, gas stations shall be separated by a minimum of three
miles from other gas stations. Separation distance shall be measured in a straight line from the property line of said
stations.
(b) Gas stations shall not be located within 1,000 feet of residential uses and/or mixed-use districts that include residential
development.”
The proposed gas station is not in compliance with either of these regulations.
12) Whether the zoning proposal will permit a use which can be considered environmentally adverse to the
natural resources, environment and citizens of South Fulton.
While a gas station could be considered environmentally adverse, the applicant states the gas tanks will be located
underground and will not result in any environmentally adverse impact on the surrounding community.
Standard of review for proposed use permit (City Code, Appendix C, Sec. 803.06):
1) Is the proposed use consistent or inconsistent with the Comprehensive Plan?
The proposed use is not consistent with the Comprehensive Plan. The Comprehensive Plan designates the
property as Rural Neighborhood, which supports low to medium density housing. However, the applicant
is seeking a future land use amendment to Community Live-Work, which would make the use consistent
with the Comprehensive Plan.
2) Is the proposed use consistent with the supplemental plans adopted by the City Council, such as/or
revitalization or economic development plans?
Not to Staff’s knowledge.
3) Is the proposed use compatible with the adjacent land uses and zoning districts?
The proposed use of a gas station may not be compatible with the adjacent land uses and zoning districts as the
nearby properties are zoned AG-1 Agricultural and Community Unit Plan.
4) Does the proposed use violate local, state, and/or federal statues, ordinances, or regulations governing
land development?,
The proposed use does violate state, and/or federal statues, ordinances, or regulations governing land
development in section 302.15. - gas station, Sec. 602.04. - Electric vehicle parking required and Sec. 405.02.
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- Parking lot landscaping. It also violates Section 302.15 of the City of South Fulton’s zoning ordinance.
5) What is the effect of the proposed use on vehicular and pedestrian traffic flow and safety, along
adjoining streets?
The operation of convenience store with gasoline pumps would affect the traffic flow and safety along adjoining streets.
6) Is the screening adequate to protect adjacent uses from any negative impacts of the proposed use?
Landscape strips surrounding the proposed use protect the adjacent uses. Thus, this factor will not have any
negative impact on the proposed use.
7) Can outdoor lighting be used so as to not interfere with surrounding uses?
Outdoor lighting must comply with all local ordinances and not interfere with surrounding uses.
8) Does ingress and egress to the property reduce negative impacts of the proposed use or enhance
safety?
The property will be accessed by one entrance/exit on Campbellton-Fairburn Road and will be reviewed by
the engineering team.
9) Will the number, size, and type of signs proposed for the site have any negative impact on traffic or
surrounding property uses?
No signs are proposed at this time.
10) Is the off-street parking space adequate? Will they be properly located to reduce any negative impacts
on surrounding property uses?
The applicant’s site plan contains 5,320 square feet of convenience store/gas station and an additional 7,300
square feet of additional retail space configured into 4 separate shops. Both service stations and retail
establishments have the same required parking ratio of 5 spaces per 1,000 square feet, amounting to 63
parking spaces, and 70 spaces are provided; therefore parking is more than adequate. However, the spaces
require landscaped islands after every five parking spaces as well as electric vehicle parking spaces. The site
plan indicates that the landscaped islands are inadequate and there are no electric vehicle parking spaces
shown.
11) Does the use have sufficient space to operate its activities?
The subject property does have sufficient space to operate a convenience store with gasoline pumps and
additional retail spaces.
12) Are there any negative environmental impacts which should be considered, for example, topography,
special geological features, soil, water runoff, air pollution, water pollution or contamination,
wetlands, etc?
No new development is proposed that will incur environmental impacts as the applicants propose
underground gas tanks.
13) Availability of other land suitable for proposed use and effect on balance of land uses;
The proposed use is within half a mile from another gas station, which violates guidelines for the use
set forth in “Section 302.15. - Gas station” of the City’s zoning ordinance; However, other land in the
City of South Fulton could be utilized for a gas station.
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14) Effect on character of the neighborhood;
The proposed use could affect the character of the neighborhood. Gas stations attract increased traffic,
leading to congestion and potential safety concerns for pedestrians, cyclists, and drivers, especially in
heavily populated areas. Additionally, the proposed use would create a heavy commercial development amid
residential properties.
15) Effect on adjacent property;
The proposed use is not currently supported by the comprehensive plan and will establish heavy commercial
development within a residential area.
16) Economic use of current zoning;
The AG-1 (Agricultural/Cliftondale Overlay) zoning district has numerous allowed uses that support the economic
viability of the subject property.
17) Other Conditions
Sec. 302.15. - Gas station.
Sec. 15-4005. - Convenience stores.
PUBLIC PARTICIPATION
The Public Participation Meeting was held on Wednesday, November 5, 2025, at the Fairfield Inn and Suites, 7775
Ella Lane, Fairburn, GA 30213. A total of six people attended in person, and an additional three people contacted
counsel for the applicant by phone. The community expressed general opposition to gas stations but showed interest
in other potential uses. The specific issues raised included concerns about potential increases in crime, redundancy
of fuel stations, traffic impacts, and whether the proposed use was necessary for the area.
In response, the applicant agreed to seek tenants that would provide fresh food options and micro-grocery concepts
as a component of the convenience store. The applicant also committed to working collaboratively with the City of
South Fulton Police Department, including potential participation in the Flock Safety Camera System to enhance
public safety.
Community members voiced particular concern regarding a nearby fuel station that has experienced ongoing issues
with crime, cleanliness, and maintenance. According to residents, that location has failed to make necessary
improvements and does not maintain an appropriate aesthetic standard. The applicant emphasized that this project
is not limited to fuel pumps but instead proposes five additional commercial tenants designed to address the
community’s desire for food options and other neighborhood-serving small businesses. Moreover, this project will
be developed in full compliance with the Cedar Grove Overlay District, which imposes specific standards for
landscaping, architectural materials, and exterior facades. The applicant believes that the best remedy for a poorly
maintained business is the presence of a well-run competitor.
Another topic of discussion was the project’s potential impact on traffic. The corridor is currently listed by the
Georgia Department of Transportation for planned improvements. The applicant does not anticipate any adverse
effect on existing traffic patterns but remains open to working with staff to identify measures that could further
minimize traffic impacts associated with this development.
By the time of the Planning Commission hearing, the applicant will submit a proposed list of non-permissible uses,
a target tenant mix, and examples of comparable developments it operates to demonstrate its ongoing commitment
to delivering a high-quality, community-oriented project.
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STAFF RECOMMENDATION
The applicant is seeking a rezoning, a special use permit, and a future land use amendment with this application.
They want to rezone the property to C-2 (General Commercial/Cedar Grove Overlay District) from AG-1
(Agricultural/Cedar Grove Overlay District). The C-2 District is intended to provide locations in which community
and regionally oriented retail and service activities conclude a transition, or locations which complement a
transition into a more intense activity area. Complimentary noncommercial uses are also permitted.
The applicant wants to obtain a special use permit to operate a gas station that contains 5,320 square feet of
convenience store/gas station and an additional 7,300 square feet of additional retail space configured into four
separate shops. Gas stations are only allowed in C-2 zoning districts with a special use permit. Additional
regulations for this use are located in Section 302.15 of the City’s Zoning Ordinance:
(a) “Excluding those with frontage on Fulton Industrial Boulevard, gas stations shall be separated by a minimum
of three miles from other gas stations. Separation distance shall be measured in a straight line from the property
line of said stations.”
(b) “Gas stations shall not be located within 1,000 feet of residential uses and/or mixed-use districts that include
residential development.”
However, the proposed gas station is within a half-mile of another gas station, and the proposed location is abutting
residential uses and AG-1-zoned properties, with many other residential uses in the near vicinity.
Finally, the applicant is seeking a future land use amendment from Rural Neighborhood Character Area to
Regional Live-Work. The Rural Neighborhood character area intends to preserve the primarily rural residential
character of the City of South Fulton. This area represents a transition between the Agricultural and Suburban
Neighborhood Character Areas. It is characterized by low to medium density residential houses, with established
single-family homes on large lots and newer traditional style subdivisions with larger lots. Estate conservation
subdivisions are appropriate. Public infrastructure is available, but service may not be extended to all properties.
The Regional Live-Work Character Area provides a balanced mix of uses along Old National Highway, and other
key areas within the City of South Fulton. The Regional Live Work Character Areas contain the areas of highest
density within the City of South Fulton. Within the Regional Live-Work Character Areas, vertical and horizontal
mixed-use is appropriate and strongly encouraged. This includes high-density housing options, commercial
shopping that is developed in a walkable nature is encouraged. Office uses are also encouraged.
The Regional Live-Work Character Area supports the following zoning districts: MIX, C-1, C-2, O-I, and SH.
Therefore, the C-2 (General Commercial District) zoning district is supported in the Regional Live-Work
Neighborhood Character Area.
This property is also subject to the guidelines of the Cedar Grove Overlay District, and the purpose and intent are
as follows:
Sec. 507.02. - Purpose and intent.
(a)The City Council of South Fulton, Georgia hereby declares it to be the purpose and intent of the Cedar Grove
Overlay District (District) to establish a uniform procedure for providing for the protection, enhancement,
preservation, unity of design, and use of places, sites, buildings, structures, streets, neighborhoods, and landscape
features in the Cedar Grove Overlay District in accordance with the provisions herein.
(b)The Cedar Grove Overlay District is adopted as part of a strategy designed to promote the health, safety, order,
prosperity, and general welfare of the citizens of South Fulton through the regulation of design, aesthetics, location,
bulk, size of buildings and structures, and the density and distribution of population.
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(c)This District also seeks to reduce congestion on the streets; to provide safety from fire, flood and other dangers;
provide adequate light and open space; protect the natural environment and address other public requirements, in
order to provide sustainable development that involves the simultaneous pursuit of economic prosperity,
environmental protection and social quality.
(d)This District also seeks, among other things, to promote accepted design principles in areas of new development
and redevelopment, to raise the level of community understanding and expectation for quality in the built
environment, to protect and enhance local aesthetic and functional qualities, and to stimulate business and promote
economic development.
(e)In consideration of the rural character of the Cedar Grove Overlay District, the regulations in this Section 507
are intended to define and monitor the suitability for certain uses, construction and design, prevent functional and
visual disunity, promote desirable conditions for community and commerce and protect property against blight
and depreciation.
Staff recommends Denial (Z25-033), Denial (U25-014), and Denial (CDP25-012) based on these factors.
PREPARED BY: Karen Tominey, Senior Planner
REVIEWED BY: Reginald McClendon, Managing Director, CDRA
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TO: City of South Fulton Planning Commission
FROM: Department of Community Development and Regulatory
Affairs
Planning & Zoning Division
SUBJECT: U25-013: 120 Cainwood Ct E
MEETING DATE: November 19th, 2025
The applicant seeks a Special Use Permit to allow Group Residence for
Children in CUP (Community Unit Plan/Old National Highway Overlay)
zoning at 120 Cainwood Ct E (Parcel ID 13016300010120) Council District 6.
STAFF RECOMMENDATION: APPROVAL CONDITIONAL
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APPLICATION INFORMATION
Applicant Information: Earlie Rockette
Status of Applicant: Applicant
City Council District(s): 6
Parcel ID Number: 13 016300010120
Area of Property: 0.79 acres
Existing Zoning: CUP/Old National Hwy Overlay District
Current/Past Use of the Property: Residential
Prior Zoning Cases/History: 1967Z-0070
SPECIFIC INFORMATION
REQUEST
To obtain a Special Use Permit to allow Group Residence for Children in CUP (Community Unit
Plan/Old National Highway Overlay) zoning.
PROPERTY LOCATION
The property is located in Land Lots 163 of the 13th District, City of South Fulton, Fulton County,
Georgia.
2021 COMPREHENSIVE PLAN LAND USE DESIGNATION
The subject property has a future land use designation of Suburban II Neighborhood within the 2021
South Fulton Comprehensive Plan.
ADJACENT ZONING AND LAND USES
North: CUP (Community Unit Plan/Old National Hwy Overlay District)
East: A (Medium Density Apartment/Old National Hwy Overlay District)
South: CUP (Community Unit Plan/Old National Hwy Overlay District)
West: CUP (Community Unit Plan/Old National Hwy Overlay District)
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COMMUNITY AND PROPERTY OWNERS’ NOTIFICATION/COMENTS
Per the requirements of Section 803.05, a Community Zoning Information Meeting was held in-person
on Monday, October 6th, 2025, at 6:00 pm. At this meeting basic information regarding the group
home was shared.
Staff placed the required notice of public hearing in The South Fulton Neighbor on October 28th, 2025, to notify
the public that Case U25-013 would be heard at Planning Commission meeting on November 19th, 2025 and at
the City Council meeting on December 9th, 2025.
Staff placed a notification sign in front of the subject property on October 28th, 2025, to notify the surrounding
community of the hearing dates.
The Applicant was given the addresses within one mile of the subject property for the purposes of
hosting their own community meeting.
Standard of review for proposed rezoning (City Code, Appendix C, Sec. 803.06):
1) Is the proposed use consistent or inconsistent with the Comprehensive Plan?
The Comprehensive Plan identifies this area as the future land use designation of Suburban II
Neighborhood. Group Homes are allowed in residential zoned areas with a special use permit.
2) Is the proposed use consistent with the supplemental plans adopted by the City Council, such
as/or revitalization or economic development plans?
N/A – no supplemental plans have been adopted by the City Council.
3) Is the proposed use compatible with the adjacent land uses and zoning districts?
The proposed Group Home does not change the nature of the existing commercial uses that is on
the subject property.
4) Does the proposed use on violate local, state, and or/federal statues, ordinances, or
regulations governing land development?
The proposed use does not violate local, state, and federal statues, ordinances, and regulations.
5) What is the effect of the proposed use on vehicular and pedestrian traffic flow and safety,
along adjoining streets?
The operation of the Group Home does not change the current flow of vehicular and pedestrian
traffic on the adjoining streets.
6) Is the screening adequate to protect adjacent uses from any negative impacts of the proposed
use?
N/A
7) Can outdoor lighting be used so as to not interfere with surrounding uses?
N/A
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8) Does ingress and egress to the property reduce negative impacts of the proposed use or
enhance safety?
The property is accessed from Cainwood Ct E.
9) Will the number, size, and type of signs proposed for the site have any negative impact on
traffic or surrounding property uses?
No signs are proposed.
10) Are off-street parking space adequate? Will they be properly located to reduce any negative
impact on surrounding property uses?
Off-street parking is provided on the subject property.
11) Does the use have sufficient space to operate its activities?
The subject property has sufficient space to operate a Group Home.
12) Are there any negative environmental impacts which should be considered, for example,
topography, special geological features, soil, water runoff, air pollution, water pollution or
contamination, wetlands, etc.?
No new development is being proposed to incur environmental impacts.
13) Availability of other land suitable for proposed use and effect on balance of land uses;
N/A
14) Effect on character of the neighborhood;
There should be minimal effect on the neighborhood.
15) Effect on adjacent property;
There should be minimal effect on the adjacent property.
16) Economic use of current zoning;
N/A
17) Other conditions
Recommended Conditions:
1. That the Special Use Permit is not transferrable.
2. That the permittee is required to maintain a valid South Fulton business license to operate a
special use for a Group Home.
PUBLIC PARTICIPATION
Applicant has had their public participation meeting on October 29th at 6pm. Meeting was held at 120 Cainwood
Ct. Community members expressed several concerns including, but not limited to, property values, neighborhood
safety/youth behavior, traffic/parking impact, prior incident on property, and more. A summary of the public
participation has been attached to the end of this staff report. Please view for further information.
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STAFF RECOMMENDATION: APPROVAL CONDITIONAL
The Suburban Neighborhood Character Area intends to provide a wide diversity of housing types and
affordability in the City of South Fulton while preserving the surrounding natural, agricultural, and
rural areas. The CUP District is intended to encourage the development of large tracts of land as
planned communities; Encourage flexible and creative concepts in site planning; Preserve the natural
amenities of the land by encouraging scenic and functional open areas; Provide for an efficient use of
land; Provide a stable residential environment compatible with surrounding residential areas; and
Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot developments.
Recommended Conditions:
1. That the Special Use Permit is not transferrable.
2. That the permittee is required to maintain a valid South Fulton business license to operate a special use for a
convenience store.
PREPARED BY: Alani Joseph, Planner
REVIEWED BY: Reginald McClendon, Director, CDRA
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