Planning and Zoning Meeting, City of Harlem, Georgia Page 2088
May 29, 2003
City Hall
The Planning & Zoning Commission of the City of Harlem, Georgia met for a Planning & Zoning Hearing on Thursday, May 29, 2003 at 7:00 p.m. at City Hall with Commission Chairman Bobby Culpepper presiding.
Present: COMMISSION MEMBERS: Chairman Bobby Culpepper, Commissioner Mike Baldwin, Commissioner Tim Farr, and Commissioner Franklin Jennings. City Manager Jean R. Dove, City Clerk Debra E. Moore, Attorney Barry Fleming. ABSENT: Commissioner Paul Strang. VISITORS: See attached list.
The meeting was called to order by Chairman Culpepper at 7:02 p.m.
Zoning Application-Chairman Culpepper read the petition. The owners Virginia Neal and B. M. Edmunds are requesting a zoning change from Single Family Residential District R-1B to Business District B-2. The location is 505 W. Milledgeville Road and is currently a vacant lot. The proposed use is for a retail business (Dollar General).
Applicant Comments-The owners are represented by Attorney Jimmy Fenley. Attorney Fenley started out by stating that the surrounding properties included on the East, Starling Funeral Home and on the West and across the street are already zoned Business. Attorney Fenley sighted case Barrett vs. Handy, “No man should be interfered with in doing what he wants with his property. He also sighted Gould vs. Holken Bridge Road. Attorney Fenley laid out several points for use or zoning:
1. Existing zoning nearby.
2. Inheritance-if rezoned it would go for $75,000.00 to $100,000.00; as is
it would go for $7,000.00 to $10,000.00.
3. The business would be open from 10 a.m. to 8 p.m.
4. Relative gain to public and property owners.
5. Cannot be used in future for residential.
6. Would provide employment for 10 people and income of an
estimated amount of $10,000.00.
7. Property would have a tax base of $200,000.00; the City would receive
an estimated $8,000.00 in taxes.
Attorney Fenley closed at this time requesting the right for rebuttal after Public comments. This was granted by Chairman Culpepper.
Commission Members Questions to Applicants-There were no questions at this time.
Public Comment-a) In support of Zoning Change-Charles Nay stated he was not in support of the change or in not support of the change. In regards to increased traffic, the traffic has already increased due to the additions of houses. He does support not denying the property owners the use of their own property. He sees it as an increase in the tax base which would be good for the City.
Planning and Zoning Hearing, City of Harlem, Georgia Page 2089
May 29, 2003
Cont’d from page 2088
b) Opposition to Zoning Change-This is the gateway to their community; it would drop their home values. If business fails, what would come in? Marcia Edwards spoke about the congestion being a major safety issue. There are no sidewalks; everything shared by walkers, drivers, etc.; already having to back up to let others in. Ms. Edwards measured several street entrances and a business opening; South Fairview was 20’7”, West Boundary was 27’ and the Post Office entrance was 34’.
Edward Ward spoke about Shady Grove having only one entrance and one exit to the neighborhood. Exits on South Fairview from the business would be a problem. Kids walk to and from school at that area. There is no crosswalk. This would add more traffic to the area. He sees this as a major concern. Mr. Ward does not want to see this happen (more traffic funneling to the area).
A question was asked about the property size and the entrances and exits. The entrances and exits would both be on S. Fairview Street. (There were groans of dissent from the residents.) There would be no entrance or exit on Highway 78. It was asked how this would affect the properties.
Jacqueline Jenkins stated it would cause more traffic problems. There was already a lot of traffic at Halloween, Thanksgiving, and Christmas. This would dump more traffic onto South Fairview and would bring property values down.
Marcia Bailey stated on the empty buildings that were already in existence and what an eyesore they were and what this one would be if it did not go over well.
Zebreena Mathis stated she did not want to infringe on property owners being able to do with their property as they see fit, but if the dollar is the motive, that it is not very socially responsible. There is no guarantee that the hours of operation would stay at 10 a.m.-8p.m. if the store closed in a month and sells to a gasoline station. It would be open 24 hours.
Edward Ward stated he had a signed petition from the neighborhood in opposition of the zoning change. It was turned in to Chairman Culpepper.
Karen Edmunds made the comment that the residents of Shady Grove were trying to control the property.
c) Applicant Comments to Opposition-Attorney Fenley stated that the store would open at 10:00 a.m. and the kids would be in school, but it would still be open when they got out. Dollar General is listed on the NASDAQ. This is only a site plan; it would have to be worked out with Council, the City Engineers, and the City Attorney. This Community could not support a major mall, store, etc.
Planning and Zoning Hearing, City of Harlem, Georgia Page 2090
May 29, 2003
Cont’d from page 2089
Discussion Commission Members-Commissioner Baldwin stated his concern with how it would affect the two dollar stores existing already. If it comes to fruition, it would probably put one of the existing stores out of business. In his travels he has seen other Dollar Generals as unsightly. Commissioner Baldwin does not believe Harlem could support three dollar stores. He had hoped the request would have been for something other than another dollar store.
Chairman Culpepper asked Attorney Fleming if they needed to give a yes or no to the applicants at this time. Attorney Fleming stated the Commissioners would need to take a vote at this time.
Chairman Culpepper called for a vote. Commissioner Farr agrees with Commissioner Baldwin and does not support the zoning change request. Commissioner Jennings stated he had not been aware of the exact location of the property. He located it by seeing the sign posting for the zoning change request. He thought it was a good idea until seeing the plan. He does feel that the community does need businesses. He asked how would the residents feel if the entrances to the business were on highway 78; would it be acceptable? The response was no. Commissioner Jennings supports the idea that another dollar store would not be a good idea. Commissioner Baldwin commends the property owners for not including the property located behind the property in question. Chairman Culpepper commented that the area is a business corridor; those that moved into the Shady Grove area should have realized this.
Attorney Fleming gave instructions on the law being clear as to not giving weight as to how many are in attendance at the hearing, whether for or against the rezoning, how long the business would be open, etc. Valid reasons would be for health, safety and welfare of the area. A motion would need to be made at this time.
Commissioner Farr made a motion to oppose the rezoning of 505 W. Milledgeville Road from a Single Family Residential District R-1B to a Business District B-2; 2nd by Commissioner Baldwin. Motion carried on a vote of 3-1. Chairman Culpepper, Commissioner Baldwin and Commissioner Farr voted for the opposition; Commissioner Jennings abstained from voting as his vote would have been based on the number of those present and against the request. This had been stated as a non-valid reason.
Chairman Culpepper mentioned working with the City to address the problems with South Fairview Street; it was not meant to be a major road. We need to work to support the land owners.
Planning and Zoning Hearing, City of Harlem, Georgia Page 2091
May 29, 2003
Cont’d from page 2090
The recommendation to City Council will be to oppose the zoning change. The Council meeting will be on June 16, 2003 at 7:00 p.m.
Chairman Culpepper thanked everyone for coming and closed the meeting at 8:00 p.m.
Respectfully submitted,
Debra E. Moore
City Clerk
VISITORS LIST FOR THE PLANNING AND ZONING HEARING MAY 29, 2003:
Robin Root
Sandra Thigpen
John Thigpen
Sandra Sharp
Mary Latham
Charles L Nay
D. Scott Clifton
Audrey Edmunds
B.M. Edmunds, Property Owner
Angela Johnson
Karen Edmunds
Tom Blalock
Alex M. Neal
Virginia E. Neal, Property Owner
Edward Ward
Wayne Bull
Cindy Reed
Joey Reed
Zebreena Mathis
Linda Bailey
Vic Bailey
Marcia Edwards
Christopher Jenkins
Jacqueline Jenkins
Todd Root
Charles L. Kyles
Dennis Caddell, Realtor
Jimmy Fenley, Attorney