Planning and Zoning sees strong opposition in meeting

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zoning

GILMER COUNTY, Ga. – With several zoning requests considered for January, two saw increased opposition alongside some support from residents, neighbors, and members of Keep Gilmer Rural (KGR). The nearly three hour meeting on January 20, 2022, saw discussion stretch from public discussion to debate among the board members over issues.

The first debated application came for 128 Adventure Trail by Jonathan Graves to rezone from R-1 to A-1 in support of a Hobby Livestock Farm.

Those in opposition to the rezoning spoke against the location being surrounded by other Residential zoned lots. Some noted other allowances that could come to the site if sold. Additionally, concerns were raised over potential nuisances for close neighbors and references were made to Gilmer’s ordinances.

An opposition was also noted about the environment as the location tends to drain into the road in heavy storms and then into a creek which feeds into a pond and then on into the lower Cartecay River.

Both Graves and one speaker in support of the application noted that while no A-1 zones touched his property there are some large A-1 zones nearby. Graves noted that one of these farms already drains into the local creeks in a natural way. He said he may not know everything about the impact of that, but his intentions were not to build an intensive animal farm. Rather, a more hobby-livestock style of farming would mean less animals and drainage than many were thinking.

With board members debating about due diligences when buying properties, one noted that a lot doesn’t have to have A-1 touching it to be considered. Chairman Mooney stated, “I’m sympathetic to what Mr. Graves is trying to do but he stated he bought it with the intention to do agricultural type activity. The proper way to do it is to get it rezoned the way you want it before you purchase it.”

Ultimately, a motion and approval came with one opposed to deny the application.

The nights second major discussion came for a new 50 unit subdivision at 0 Boardtown, Cherry Log. A 66.37 acre tract comes in under the moratorium while maximizing the acreage. The applicant, Joe Sission of Sisson Corporation, stated, “We are requesting it to be zoned R-1 to build vacation homes.”

When asked about how many homes, Sission said he hadn’t done a preliminary yet. Though he estimated 50 homes considering space for roads, easements, water system, and driveways.

The property is looking to connect to different roads for ingress and egress including potential options of Boardtown Road, Lucius Road, Goose Island Road, and Whitepath Road.

With concerns raised over traffic and contamination of a spring, the major issue debated by public speakers came with speakers using Mooney’s own words saying that the rezoning should have been sought upon buying the land. Citizens pointed to Sission’s experience both as a developer and as a Planning and Zoning Board member that he should have sought the rezoning when he purchased the property.

The discussion became a major focal point with some calling it favoritism and unfair zoning that the board might consider this zoning minutes after telling another applicant that a major zoning change with major impact is subject to “due diligence” that should have been sought before completing a purchase.

zoning

Tom Whatley speaks to the Planning and Zoning Board about a 50-unit subdivision on Boardtown Road.

Others also pointed to a lack of planning and information available during the meeting for both the board and citizens to consider. The stated that Sisson himself noted he hadn’t done a preliminary and was unable to give specifics on how many homes he was building.

Sisson replied saying, “As far as a plan stating exactly how many houses that would be put on this piece of property, it would be impossible to determine until we know if we’re able to get the zoning.”

One speaker spoke to how Sisson has improved and bettered areas of the county. Sisson himself later added that he would be aiding in tourism which has been one of the county’s greatest sources of income.

Board discussion spoke about the differences in the two applications and the involvement of animals and going from Agriculture to Residential and inversely. Mooney stated in response to the comparisons, “It is a different situation. But that was one of the factors that played in my decision. It wasn’t the only factor, it wasn’t the main factor. There were several factors that weighed in. I try to take in all the factors and weigh those.”

The board also noted several access points would allow the traffic disbursement to spread along different roads. Mooney also noted that it would be ideal for every citizen to be able to afford 100 acres to build on. He said it isn’t practical, though. He stated, “With the smaller tracts, you’re putting people in homes that probably couldn’t afford them if they were bigger tracts.”

However, several citizens noted after the meeting that Mooney was off-base in his comments as he was speaking of homes for people to live in that couldn’t afford larger homes while Sisson specifically noted in the beginning that he was building vacation homes and second homes and later noted he wanted to aid in tourism. Citizens were angered by the unanimous approval of the development in the meeting.

Kimberly Reckles, an attendee to the meeting, later commented on social media saying, “I still cannot wrap my head around why they denied a young family a zoning variance — from R-1 to Ag-1 — to build themselves a private hobby farm, but approved a variance from Ag1 to R-1 for Sisson to build a 50 lot subdivision in the middle of agriculturally zoned land.”

Campground draws debate in Planning and Zoning

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zoning

ELLIJAY, Ga. – Major crowds have been surging into Planning and Zoning Meetings recently for several different reasons from affordable housing to local zoning change requests.

August was no different as 12 people stood at the podium to speak during the Thursday, August 19, 2021, meeting to respond specifically to a campground. The campground, located on Laurel Trail, is 5.19 acres of land looking to establish geodesic domes under a campground with company for “glamping.”

According to Karen Henson, the application came under older rules with the A1 agriculture before the Gilmer BOC changed camping to an outdoor recreation designation.

Through investigation, it appears there may be covenants on the property, and attorneys have gotten involved at this time. County Attorney David Clark suggested waiting for a declaratory judgment on the binding nature of the covenants as they are older. He noted automatic renewals, but said a declaratory judgment would protect the county and allow the courts to offer their “decision.”

A number of local residents and land owners in the area of the location opposed the application in meeting. The gathering all stood at the podium at once as a show of opposition. Voicing traffic and the current quiet nature of the area, some points they made against the zoning change included the inclusion of a commercial site right in the middle of a large residential area.

The owners of the application spoke in rebuttal saying that they want the same quiet low impact area that the residents are asking for. They offered promises that they wanted to keep it with as little impact as they could and that they have managers to oversee the properties.

As the board members leaned away from their microphones to discuss privately, there eventually came a call for a motion.

But while the motion came to change the zoning to Agricultural. The board opted to deny the application in light of the legal issues wrapped up in the subject. This is, however, a recommendation an the Board of Commissioners will make the final determination.

Commissioners revamp Land Use changes again

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Land Use

ELLIJAY, Ga. – Gilmer’s Board of Commissioners took another meeting this week to revisit changes to the Land Use Ordinance considering density, Residential, and Agricultural Zonings.

This time, the board met alongside the Planning Commission to inquire and discuss changes with them as well. While much of the focus recently has been on R-1 and R-2 zones and the lot size for those zones, the commissioners ultimately focused on Agricultural for most of its changes as proposed by the end of the meeting.

After the nearly two-and-a-half-hour meeting, these changes included backing off of lot-size changes in R-1 and R-2 as Commission Chairman Charlie Paris said he spoke with “a representative from the regional commission and the Department of Community Affairs last week.”

https://youtu.be/RVt_NOGZEbs

Paris said his discussion with the regional commissioner representative suggested that the high-density growth would follow the sewer lines through the county. Paris did say he wants to keep an eye on the topic so as to address it if this is not the issue.

Paris said of his discussion, “Without sewer lines, septic systems themselves will be something of a restriction because the health department will not approve so many of them that it endangers our groundwater supply.”

Along that idea, Paris said he contacted the Water-Sewer Authority to inquire of plans to expand the sewer system. He reported that he was told there were no plans.

Paris noted that the county also hosts a comprehensive plan to indicate regions to support agriculture in the county while designating areas for residential and density housing.

Land Use

Post 2 Commissioner Karleen Ferguson

Post Commissioner Karleen Ferguson agreed with the concept as well referencing a need for “affordable housing” in the county. A topic discussed over recent years in the Chamber, County Plans, and other agencies looking to increase workforce housing.

Ferguson did say that her concerns come from R-2 developments in isolated parts of the county. These become islands of high-density housing in the county.

Ultimately, however, changes to Residential Zone in the Land Use Ordinance changes were left behind in support of the theory that these projects will follow sewer lines and the idea that the board may revisit the idea when sewer lines expand or density does become a larger issue. One change that looks like it will remain for residential is the hobby livestock coverage. Instead of supporting large animals, the new change will likely only allow chickens and possibly small animals like goats in residential. Most of the meeting considered only allowing chickens until a comment brought up the idea of goats specifically. With the board’s efforts focused on larger animals including cows and horses, the main focus is likely to allow for a limited number of smaller animals for personal use.

The board instead is going forward with increasing lot size minimums from 3 acres to 5 acres for Agricultural zones. Also, they will move forward with separating campgrounds into their own Agricultural Recreation (AR) Zone, though the name is probably going to change before approval. This zone will require 25 acres and a 300-foot buffer for the campgrounds and RV grounds to be built in the county.

Elections, Density, Land Use

Commission Chairman Charlie Paris

Lessening the restrictions among lot sizes in the county comes after a packed meeting and many developers loudly opposing the restrictions saying the county is hurting their businesses.

However, the county also saw a meeting last month considering the changes with many supporting the changes to keep Gilmer a rural county.

Additionally, Paris himself opened this meeting saying he has received numerous emails both for and against the Land Use changes.

The third major discussion of the meeting focused on roads in the county and maintaining the quality of those roads throughout the county. As one of the driving forces, not much changed in the roads changes, however, consideration was given to shoulder widths in the county as thoughts were given to burying utility cables and the possibility of fiber optics stretching through the county.

The changes discussed were handed off to County Attorney David Clark who will be scribing the changes into the resolution to amend the Land Use Ordinance. The county is looking at these changes and could be seeing further discussion Thursday night at their Regular Meeting. However, the Board is also considering another Special Called Meeting towards the end of the month to discuss it then along with other topics.

February will decide the moratorium, ordinance, and future of Gilmer’s large developments

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ordinance

ELLIJAY, Ga. – As Gilmer’s Commissioners continue working on limiting and controlling growing sizes and numbers of developments in the county through its ordinance, they received the other side of the moratorium’s effects when a Special Called Meeting saw a large group of developers seeking information about the future of their work.

https://youtu.be/ybrpQooBxS8

With lot size minimums looking to increase, current lots smaller than the minimum would be grandfathered in. Some comments in the meeting revolved around these increases with one speaker, Develle Frady, asking about a parent looking to split their land and give a piece to their child to build on. He said this would hurt some of those people working hard all their life to cut some land and leave it to kids.

Frady said the changes wouldn’t stop growth, but rather create more class division.

Crystal Chastain spoke in the meeting as well asking to support some more of the developments. While she said she the county needs to control growth and it does need to grow, she wanted the county to put off the vote for the ordinance changes advertisement to look deeper into the topic. She said the county needs “affordable workforce housing.” Something that could be accomplished through developments.

ordinance

Crystal Chastain speaks to the BOC about her opinions and requests for the county’s Land Use Ordinance in a meeting on January 29, 2021.

Post Commissioner Karleen Ferguson agreed saying she has been thinking about the affordable housing. She said she and the board is trying to balance the issue and she was thinking on a half acre increase and what it would do to affordability. It is something she has worked on in previous positions as well. She promised Crystal that the board is considering the issues saying, “We’re working on it.”

Much of the discussion centered on lot size changes and the effect the changes will have on citizens and the county. Other commenters repeated asking the commissioners to delay and look closer at what consequences and effects the changes may cause.

The meeting also saw minor confusion on the exact changes as the county continues to work on the issue. It has yet to formally approve anything on the Land Use Ordinance, and, in fact, it remains in unfinished business on their agendas as the county once again pushed back approving advertisement of the changes in favor of continuing talks with the community. Some of the confusion in the community has come from exactly this reason, the county has had two separate meetings with numerous speakers both for and against the changes being discussed. As new changes and adjustments are made at every meeting, the county is constantly changing the proposed ordinances to keep pace with citizens comments.

ordinance

Keith Sumner, a local builder in Gilmer, debates the Land Use Ordinance and its effects on citizens.

Commission Chairman Charlie Paris said during the meeting that if they were to have voted on something that day, it would only have been to advertise changes.

To make these changes, the county must go first approve an official advertisement of the changes, hold an official public comments meeting, then approve the changes once during a monthly meeting, then approve changes a second time during the following meeting for final adoption of those changes. After all of January with its work session, regular meeting, and a special called meeting, the county has yet to take its first official step in making these changes to the ordinance.

Instead, with some commenters in the meeting asking the county to look again and one asking to wait and see if the market changes soon, they are once again tabling the discussion to possibly adjust the changes once more and consider advertising again in February. Pushing the item back is creating an issue with the county’s moratorium in place and set to expire in a few months. The County Attorney David Clark suggested the board consider this alongside their motion to table the discussion. He asked that if the commissioner continue pushing the vote back, they discuss lifting the moratorium. He said it could be unfair to developers to continue the moratorium indefinitely if the ordinance change discussions continued too much longer.

Clark said, “I’d encourage you not to extend the moratorium.”

ordinanceClark also warned that he felt like much of the current discussion focused on lot sizes, but there could be more “nuts and bolts” in the changes that could come to light after the lot sizes.

Other issues the county is considering includes road quality and zoning labels among others.

Ferguson requested a joint meeting between the Board of Commissioners and the Planning Commission to further discuss the Land Ordinance. Paris agreed saying that he also wanted some representation from the Builders Association and a few other associations at the meeting to include their input as well.

That joint meeting has officially been published for Monday, February 8, 2021, at 2:30 p.m. in the Jury Assembly Room of the Gilmer County Courthouse. It will prove to be a busy week for the county as this meeting comes only two days before their February Work Session on February 10, 2021, at 9 a.m. and the Regular Meeting on February 11, 2021, at 6 p.m., both at the same location.

The county is also going to obtain information from other neighboring counties on the topic from the Northwest Georgia Regional Commission (NWGRC).

Commissioners adopt Moratorium on Greenspace subdivision roads

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moratorium

ELLIJAY, Ga. – Originally considered for Class D and Class E roads, Gilmer’s Board of Commissioners is placing a moratorium on green space subdivisions as they work on details before planning to release the moratorium with a modified ordinance in early 2021.

https://youtu.be/c1HYosXxiUg

According to Planning and Zoning Director Karen Henson, Gilmer has a couple subdivision projects currently approved in R2 that are abiding by lot sizes. However, the concern is if these lots are sold and then divided and resold. Class E Roads are only allowed to have 10 lots on them. The county will be looking at options to prevent such a process that would ultimately result in an larger number or lots on roads that cannot support them.

Discussion of the agenda item saw more focus on the moniker of “inferior roads” and right of ways than specific Class E roads. However, Henson indicated in the meeting that all Class E designated roads would be considered a part of the moratorium and later clarified as such.

As approved in the meeting, Henson herself clarified in an email that the Moratorium will be for:

  1. The suspension of Class E roads.

  2. The suspension of subdivisions of land along inferior County roads, which are roads with less than 40 foot right of way and 20 foot surface width with 3 foot shoulders (except for the 2 annual splits).

  3. The suspension of greenspace developments.

During the meeting, with advice from Henson and County Attorney David Clark, the Board is setting the moratorium to take effect later, and will begin the process of the ordinance change that will take several months to complete through advertising, First Reading, a Public Hearing, and a Second Reading with Final Adoption.

As contractors move into the moratorium, it will not shut down developments in areas as it was stated that they can continue developments with upgraded road systems. It will not affect Class D roads in general unless they fall into the county termed “inferior roads.”

 

Gilmer calls Special Meeting for Millage Rate

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Gilmer County BOC, Intergovernmental Agreement, session, Meeting, Board, speed

ELLIJAY, Ga. – The Millage Rate is one of 5 items on the agenda this week during a special called meeting of the Gilmer County Board of Commissioners to be held on Friday, July 24, at 10 a.m.

The other items include the Swimming Pool, Vehicle Financing Documents, a Review of Roles and Responsibilities of the Board of Commissioners, and disposing of Surplus Real Property.

Meeting

Agenda for Gilmer County’s July Special Called Meeting

Property taxes and the millage rate are set into the agenda discussing a “Resolution Authorizing the Advertisement of the Rollback Rate.” Set at 6.898 mills last year by adopting the rollback rate, the county went through discussions over both the Millage Rate and the 1.5 mills Bond Rate.

Last year discussion came from then-commissioner Dallas Miller and Citizens Joene DePlancke over the Bond Millage. After refinancing bonds in previous years, Holden said in August of 2019 that the 2020 payment is expected to total just over $4 million. Still, discussions were made about, specifically, about the .5 mill on that bond payment millage rate to cover the payments.

As discussions will move forward with the Millage Rates for County and the Board of Education, who each have their own rates, the county approve its rates and awaits the BOE to set their rate, before final approval of both rates together  can come in August, if the county follows the same schedule as previous years.

The swimming pool has been put on hiatus since near the beginning of the COVID-19 outbreak as the Commissioners look to see what financial fallout would come from the shutdowns. However, discussions have started up again this month as the Board of Commissioners look for Bid specifications to begin the next step in the project.

The project got as far as the demolition of the old pool before stopping. The commissioners approved finishing that stage before coming to a full halt.

The bid process could start as early as next month with authorizing to advertise, however, to reach that point, obtaining the proper specifications is the current hurdle. Some discussion came during their regular July meeting voicing their disappointment that the designers of the pool came with estimates but are not going to deliver bid specifications. Paris said, “It surprised me that they couldn’t give us those specs…”

Disposing of Real Property is the other new business on the special meeting agenda. Agenda items like this sometimes do not specify a specific property in case multiple properties need to be discussed. However, an earlier copy of the agenda stated disposing of the former Planning and Zoning office as at least one of those properties.

Flint Mountain Holding Development before the Commissioners this week

News

ELLIJAY, Ga. – Many citizens are still discussing the topics around the Flint Mountain Holdings, LLC. development project on Highway 282 this week as some voice concerns on social media or with their elected commissioners.

This week sees a small part of the development before the commissioners, our current understanding is the commercial re-zoning on this month’s agenda revolves around lake usage, such as boat storage or equipment. It is not a part of the 305 lot total development.

The “Whole Development Site Plan” for High River was filed with Gilmer County Planning and Zoning.

While recent months have seen the Commissioners not accept comments in meetings on Planning and Zoning, citizens can still phone their Chairman and message their Commissioners with concerns or questions. The public comments in the meetings have been skipped in recent months as legal counsel suggested the commissioners should not be holding a second planning and zoning hearing in the commissioner meetings. Indeed, some zoning issues have become equivalent to this in the past.

Despite this, citizens are taking to social media saying that they have just recently learned of the development and are wanting to voice their opinions as citizens of the county to their officials. Others are already voicing opinions on both sides, comments on FYN’s article “Flint Mountain Holdings files for 305 lot subdivision” have seen some citizens indicating they are fine with the additional large subdivision saying, “Development is a fact of life! Just hope this development will follow all guidelines & not harm our beautiful Coosawattee river!”

Others on social media are calling the development a large step away from Gilmer’s style and appeal as a smaller mountain town.

Indeed one popular post shared by several people states,

“Other projects under way in Gilmer County include Watersong Phases 1, 2 and 3 – located on Gates Chapel Road on the western side of Gilmer County, with 43 lots; and The Hammock with 88 lots sized 1 acre or larger located off Roundtop Road in the southern portion of the county.

Located in the north central portion of Georgia, Gilmer County is known for its mountains and annual Apple Festival. More than 55,000 acres of the county lie in national forest. The county’s population grew from 13,368 in 1990 to 30,674 as of 2017, and its population is projected to exceed 32,000 by the year 2040, according to the U.S. Census.”

Indeed, when questioned about current and previously approved multi-lot developments in the last 12 months, Karen Henson, Planning and Zoning Director for Gilmer County said in an email::

There are 9 multi-lot developments that currently have plans filed in Gilmer County;

  1. Cherry Lake Phase 30 – 16 lots – 1 acre or less – R-2(Residential High Density) –  paved roads – off  Joanne Sisson Road – Northern section of Gilmer

  2. Frosty Mountain – 17 lots – 3+ acre tracts – A-1(Agricultural) – off Old Bucktown Road – gravel roads –  Eastern section of Gilmer

  3. Walker Reserve – 10 lots – 5+ acre tracts – A-1(Agricultural) – off 52 West – gravel road – near  Murray County Line

  4. Red Oak Estates (fka The Falls) – 22 lots – 1+ acres – R-2(Residential High Density) – paved roads – off Roberts Ridge Road – Western section of Gilmer

  5. Highland Pointe – 19 lots – 1+ acre tracts – R-2(Residential High Density) – paved road – off Eller Road & Stone Road – East section of Gilmer

  6. The Hammock – 88 lots – 1 acre or less – R-2(Residential High Density) – paved roads – off Roundtop Road – Southern section of Gilmer

  7. Oakhill Farms – 6 lots – 1.5+ acre tracts – (Residential High Density) – paved road – off Mulkey Road – Eastern section of Gilmer

  8. Watersong Phases 1,2&3 – 43 lots – 1.5+ acre tracts – A-1(Agricultural) – Greenspace Development – gravel roads – off Gates Chapel Road – Western section of Gilmer

  9. High River – Phases 1-4 – 123 lots – 3+ acre tracts – R-2(Residential High Density) – gravel roads – off Crossroads Church Road – Western section of Gilmer – More phases to come – total of 305 lots at completion

All 9 of the above have been approved by the Gilmer County Planning Commission within the last 12 months according to Henson. This is only the unincorporated parts of the county as the cities have their own zoning ordinances.

Further, Henson did confirm with FYN that the development will be requiring the previously reported DRI study, mentioned in our previous article, as the total project will collectively surpass the 125 lot minimum.

Flint Mountain Holdings re-zoning for commercial use will be before the Board of Commissioners this week during their work session on Wednesday at 9:00 a.m. and Thursday during their regular meeting at 6:00 p.m.

 

Work Session:

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Regular Meeting:

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