John Didier is pictured at his home in Dickson Acres in Dalton. Didier and many residents there oppose the rezoning of property in the subdivision from residential to commercial.

DALTON, Ga. — Members of the Dickson Acres subdivision say they want to make one thing clear.

“We don’t oppose Olive Garden,” said Drayton Sanders. “This isn’t about Olive Garden at all.”

But many residents of the subdivision oppose the possible rezoning of a property within the subdivision that developers say is needed to bring an Olive Garden to Dalton.

“(They) asked to rezone it to commercial,” Sanders said. “If it is rezoned commercial, you can put any of the permitted uses in there. There’s four pages of tables. There’s a broad array of commercial uses he can put in there, not just a restaurant.”

Anish Govan and Naren Patel hope to bring an Olive Garden to Dalton. Govan and Patel are, respectively, the CEO and founder of Five Star Hospitality and Development Group. Among its properties in Dalton on or near West Walnut Avenue are Chili’s, Days Inn, Panda Express and Quality Inn.

Govan and Patel hope to bring an Olive Garden to the site of the now closed O’Charley’s restaurant at 1520 W. Walnut Ave., which is near the interstate. But they say Olive Garden wants 150 parking spaces, almost double what the site has.

Govan requested that the City of Dalton rezone 1.7 acres his family owns at 108 Kinnier Court, which is adjacent to the O’Charley’s site and in the Dickson Acres subdivision, to commercial from residential so they could demolish the house on the site and turn it into a parking lot with about 80 spaces, but withdrew that request just before the opening of the City Council meeting on Jan. 6. Govan has the right to bring the matter back before the City Council at any time.

Dalton-Whitfield County Planning Commission members voted 3-0 in November to recommend denying the rezoning request, saying they didn’t want to see a change in the nature of Dickson Acres.

The residents of Dickson Acres who oppose the rezoning say they fear commercial encroachment in their neighborhood. 

“We aren’t opposed to commercial development on Walnut Avenue,” said resident Steve Farrow. “In fact, we support it. But there has long been a clear line dividing commercial property from residential property.”

Craig Poteet said rather than asking to rezone the Kinnier Court property to add parking, the developers should use the property on either side of the O’Charley’s site, which they also own.

“This developer is very experienced, very savvy,” Poteet said. “He bought this property (in Dickson Acres) knowing that it was zoned residential.”

Patel said he wasn’t planning on trying to turn the Kinnier Court property into more parking for the O’Charley’s site when he bought it and other Dickson Acres homes some three years ago.

“The reason we took over was to help us maintain the property between the residential and the commercial,” he said. “The major issues we had was those old trees falling down on our side. We can’t trim anything we don’t own.”

Patel notes that those properties on either side of the O’Charley’s site are at different elevations. He said Olive Garden wants parking on the same elevation.

“That property right beside (O’Charley’s) on the west side, the BP (station), that business is open and we have to have parking for that,” he said. “On the east side, we already plan, we have committed that for a Starbucks.”

Founded in 1955, Dickson Acres contains 65 houses and two churches, ChristChurch Presbyterian and Dalton Seventh-day Adventist Church. Residents say commercial development would change the tranquil neighborhood they love.

It’s the sort of neighborhood where people put down long roots. For instance, Sanders has lived there 35 years. Poteet said his family has been there 45 years.

“My family has lived in Dickson Acres for 53 years,” said Farrow.

Eighty-one residents have signed a petition opposing the rezoning that was presented to the planning commission and the City Council.

The residents also say that any commercial development would violate the neighborhood’s covenants, put into place by the developers, J.K. Dickson and H.H. Dickson, when the subdivision began in 1955. A covenant is a provision in the title to a piece of land that limits its use.

A copy of the covenants, provided by resident John Didier, shows they state that “No lots shall be used except for residential purposes.” 

That excludes Lots 12, 13 and 14, which is the lot now occupied by ChristChurch Presbyterian and two adjacent lots, both occupied by houses. The covenants say those can be used for “use as park, church or school or retail shopping center, or for an apartment house or houses; to grant Whitfield County or City of Dalton the right to widen Tibbs Road …”

Govan’s attorney, Daniel Laird, has indicated that he does not believe the covenants are still in effect, but the residents say their attorney has advised them that the covenants are still in force. If the covenants are challenged, a court would decide the matter.