City Council approves rezoning for planned apartment units
City Council, Planning&Zoning April 19, 2022
GILMER COUNTY, Ga. — At their latest meeting, the Ellijay City Council voted to approve the Local Option Sales Tax (LOST) distribution rate and an Off Premise Consumption Ordinance for distilled spirits. They also approved a rezoning request to accommodate plans for new apartment units.
After approval by the Planning and Zoning Commission and a public hearing, the council voted to approve the rezoning of 17 Barclay Street. To make way for apartment units, the property will be changed from general commercial zoning to R3 – residential zoning. Code Enforcement Officer Andrew Mathis explained that the rezoning request saw several objections, including “concerns that there might be an increase of traffic in that area due to the apartments, and concern that having apartments there might decrease the property values of the area.” Paul King, who owns the building, said the building will be converted into four, one bedroom apartments. He also noted that the apartment units would cater to older tenets, with prices “in the neighborhood of $1,400 per unit.” Ellijay DDA Chairman Reece Sanford noted that middle class in Gilmer County is a household income between $34,000 and $69,000 and commented: “This type of housing really supports our middle class and there’s a great need for it in Gilmer.”
Mayor Al Hoyle presented the renegotiated Local Option Sales Tax (LOST) distribution rate of 17%, a one percent increase for the City of Ellijay. In an email included in the agenda packet, Chairman Charlie Paris wrote “The Gilmer County Board of Commissioners wishes to acknowledge, and express our appreciation for, the professional and beneficial working relationship shared with the city of Ellijay. It has been our policy to do all that we can to be a valuable partner to the city, and we have seen that the city shares that same goal when working with the county.” The council unanimously approved the distribution rate, which had already been approved by the commissioners.
The council also approved an ordinance amendment at the meeting. The Distilled Spirits Off Premise Consumption Annual Ordinance amends current regulations and provisions surrounding alcoholic beverages within the city. Notably, the council set the required annual license fee at $3,500.
The council also held a workshop prior to the regular meeting. Shepherds Loft Representative David Grubb was in attendance to discuss the city’s plan for a new website.
Gilmer begins process to change hotel/motel tax
News April 17, 2022
GILMER COUNTY, Ga. – With the information made available in December 2021, and the decision to move forward made in January 2022, the Board of Commissioners officially approved a motion this month to authorize County Attorney David Clark to begin revisions to the Excise Tax on Rooms, Lodging’s and Accommodations Ordinance.
The motion comes with new information on the change as the final process begins for changing the tax. However, even that won’t be the final step as Clark said the Governor will need to sign this as well. With final county approval potentially occurring in June, Clark said that July 1, 2022, could likely be the actual change date of the tax depending on when the Governor signs. In January’s meeting, it was stated that the approval in the county’s meeting is for the resolution to be sent for approval in state legislation. This was included in the formal motion and approval of a change in the Hotel/Motel Tax came in January as the county was looking into the concept.
Going from five percent to eight percent and including tourism product development (TPD) Projects, this change is also bringing along a change in stay length. Clark reported to the board that Chief Financial Officer (CFO) Sandi Holden noticed a change needed for the updated ordinance.
Currently, the ordinance applies to stays up to ten days, however, with changes in the state, Clark stated that stays up to 30 days can be considered “short term rentals.” The county will also be adding this change alongside the increase in percentage.
As for the application of these changes, Paris clarified in the county’s regular meeting after questioning the county attorney. Any rentals scheduled after July 1 will be subject to the new changes. This means that even reservations made before July will fall under the new changes if the stay occurs after the change date.
While the July 1 date is still currently an estimate due to potential delays either from the state or local governance or if the process delays with citizens input, the county only used that date as the assumption for the clarifications. The TPDs listed for the county to pursue in 2022 include Parks, Trails, Wayfinding Signage, and Recreation facilities. However, Clark estimated that with the collection beginning in July, it could be September before the county starts realizing that change in their financial reports. Meaning it could be fall before the county could begin working on those projects.
City Council approves short-term rental ordinance
City Council February 23, 2022
GILMER, Ga. — A short-term rental ordinance was passed by the Ellijay City Council on Monday Feb. 21. Ellijay City Hall was full with many attendees wanting to raise their questions and concerns over the ordinance.
The short-term rental ordinance, which has already been through two public readings, was on the agenda for a vote Monday evening. Several citizens came to the meeting to share their thoughts and most held unfavorable views on the ordinance. A common concern was the discrepancy between the ordinance’s regulation on short-term rentals and long term rentals. Some argued the ordinance is a solution to a non-existent issue, a violation of property rights, and even a threat to some citizens’ livelihoods. Others in attendance raised questions about the transparency of the council and updates to the city’s website.
The map provided at the meeting highlights the zoning of the Downtown Ellijay area.
In part, the ordinance will restrict short-term rentals to the Central Business District, although exceptions are noted. The ordinance would also allow neighboring property owners to object to conditional use permits, a provision that was also met with criticism at the meeting.
After hearing public comments Mayor Al Hoyle said, “I want to thank all of you for coming, and thank you for staying civil.” Councilman Tom Crawford spoke before the council voted on the ordinance. He stressed the importance of finding a balance between the input received from those against short-term rentals and those in favor of them: “We have to have an ordinance that will meet that happy medium.” Crawford also brought up a concern raised during public commentary, agreeing that a $1000 fee was “exorbitant” which resulted in a change to match similar fees. Another member of the council, Sandy Ott, responded to those who feel that long-term rentals create more issues than short-term rentals, “We have code enforcement. Let the city know about those issues so that we can be informed and something can be done about that. So, please let us know.” Before adjourning, Mayor Hoyle expressed the city’s interest in having a website administrator address the issues raised at the meeting.
City Council to take action on short-term rental ordinance
City Council February 18, 2022
GILMER, Ga. — The Ellijay City Council will meet on Feb. 21, 2022 to take action on an ordinance amendment that would set new guidelines for short-term rental units within Ellijay city limits. If the council approves the amendment, Chapter 60 will be added to Ellijay’s Code of Ordinances.
Short-term rental units are defined within the proposed chapter as “any detached, attached or semi-attached structure now or formerly used as a single-family dwelling, or the renting or leasing of a part or all of any structure not operating as a hotel, bed and breakfast, motel or inn where the term of occupancy for purposes of lodging, possession of tenancy is for a period of less than 30 days.”
Chapter 60 would prohibit short-term rental units in residential zoning districts. However, some exceptions are noted in the document. One is an exception for existing properties. After June 30, 2022 chapter 60 would also require property owners to receive any necessary permits and licenses to continue short-term rental use. Another exception would allow property owners to apply for conditional use permits if their residential properties “could be suitable as short-term rental units and would have no negative impact on the neighboring properties.” Only properties that border or are adjacent to the Central Business District would be considered for the permit, chapter 60 notes. However, if a property is given a conditional use permit, previously ineligible properties on the same street would become eligible as well. The latter exception would give other property owners, within 500 feet of the applicant’s property, an opportunity to object to the permit application.
Chapter 60 would implement a requirement for short-term rental licenses at a cost of $1,000 annually. The application for the license includes a requirement that the “name, address and telephone number(s) of the local contact person shall be submitted to the City Clerk, the City of Ellijay Police Department, the City of Ellijay Fire Department, and to the property owners located within a 500-foot radius of the property.”
Chapter 60 also specifies the plan for enforcement of the new regulations. The penalties for code violations include license suspension and fines of up to $1,000.
Speed Cameras on way to approval for county school zones
News October 20, 2021
ELLIJAY, Ga. – Citizens are still questioning personal information and privacy rights with the Gilmer Sheriff’s Office’s plans to install speed detection cameras in school zones in the area of Yukon/Clear Creek roads by the schools and on Highway 282 near the county Library and Mountain View Elementary.
During the Public Hearing for the County, Sheriff’s Office Major Michael Gobble spoke to citizens answering questions about the implementation.
Maj. Gobble said that the camera will not capture information from every car that drives through the zone. Not only will they only be active twice a day at the beginning and the end of each school day, but they will only capture information when triggered by a speeding violation.
The cameras will be using radar technology instead of laser and Maj. Gobble noted that the calibrations and maintenance will be upheld by the company and not the Sheriff’s Office. However, all violations and information has to pass through an officer at the Sheriff’s Office to be confirmed and double checked before any citation can be sent.
As explained, the process will follow that as a driver is speeding through the zone, a picture of the license plate is captured and sent to the Sheriff’s Office. It is then verified and sent back to the monitor company who will then mail out a civil citation. Maj. Gobble explained that as a civil citation it will not register on people’s driving history.
The signs in the area with the speed zone will have that active times posted on the signs.
While the information is in the care of the company and the Sheriff”s Office, Maj. Gobble said that both entities are under government oversight for the information and are subject to the laws governing that information. It is protected under GCIC and the same rules are applied to a company handling this information.
Maj. Gobble explained it as the same process for stoplight cameras in some cities. It is not to be sold or kept in storage for any major length of time. The information is only kept long enough for law enforcement to verify and the citation to be resolved. He noted that if a citizen wishes to bring the citation to court, then it will be kept long enough for the court case.
The Commissioners did approve the first reader of the Speed Detection Device Ordinance this month and will revisit for the final reader next month. With final approval on that reader citizens could be seeing these devices in use by the end of November.
County Advertises Version 9 with a look to further changes later
News April 11, 2021
ELLIJAY, Ga. – After months of debate, revisits, revisions, and deliberations, the Board of Commissioners is advertising its Land Development Ordinance changes as proposed in Version 9 for the county. Citizens are now able to see what the final document could look like if approved in both May and June.
After the months of preparation and details surrounding other minor details like standardizing and limiting personal driveway slopes to maintain access for public safety vehicles and emergency services, the county almost hit a tenth version as discussion continued onto the subject of workforce housing returning to the subject brought up by the Greater Gilmer JDA (Joint Devel0pment Authority) in recent months and years.
The topic was broached with discussion of high density housing through apartments and similar structures to provide affordable housing to working citizens supporting the community. It was noted these structures would need to be closer to the cities as they would require water and sewer access. The subject touched on drastically reducing the restrictions on the highest density residential zonings to support such structures and relying on the need for water/sewer access rather than wells, septic tanks, and similar options used by more of the unincorporated areas of the county.
However, full details were not delved into and discussed as the board sought to broach this subject later and no longer delay the main changes to the Land Development Ordinance that has been in process for months.
The board spoke of discussing the subject with the Planning and Zoning board as well as others involved including developers.
Additionally, Kent Sanford, Greater Gilmer JDA Executive Director, thanked the board this month as he spoke during the Citizens Wishing to Speak. He noted that demographics in Gilmer are continuing to show increasing retirement age citizens. However, Sanford said the county still needs more workforce housing and thanked the board for considering that.
One counterpoint came in the discussion saying that easing restrictions and allowing such density could still result in constructed “luxury apartments” that would still be unaffordable to many people working local jobs.
With more discussion to come and this topic not included in the current version, the board is looking at options to restrict or encourage affordable housing over luxury style.
The current version of the Land Development Ordinance is not in place yet, and even if final approval comes in June, the board is also looking to not implement these changes until at least 2022 or possibly one year from approval. No formal date has been set yet, but will be set before approvals come in May and June.
Post Commissioner Karleen Ferguson also told citizens that this was not the only look into affordable housing as she shared she will be attending a meeting in the coming week on the topic looking for answers in the county.
As the “final version” of land development moves through its process, the board’s continued discussion is indicating that the current changes may complete soon, but it will not be the end of the discussions on housing in the county.
Development Ordinance Ninth Version to be discussed this week
News April 5, 2021
ELLIJAY, Ga. – With the county’s April meetings coming this week, discussion and debate is continuing as the Land Use Ordinance change is in its Ninth Version for the county. The Board of Commissioners keep revisiting the document with new changes as citizens continue debating and questioning certain aspects of the changes.
Most recently, debates over 60-feet Right of Ways have come under scrutiny. Yet, the discussion has ranged from lot sizes to road quality to types of animals in hobby livestock.
Gilmer County has discussed each topic at length before having County Attorney David Clerk revise the ordinance. Now of Version Nine, the document still has not reached a formal First Reader. Over several meetings, the board has indicated the sentiment as Chairman Charlie Paris stated on different occasions that he wanted to get it right rather than get it done fast.
It is a sentiment shared by citizens and department Heads like Jim Smith, Director of Public Works, who have been along the discussion in every meeting.
Much of the support for continuing to adjust and modify the document came in their most recent meeting as discussions of the ’60 feet’ of Right of Way centered on the future and future needs to lay cable or pipe in the areas alongside the road. Because of that, the ordinance maintains a way for the Commissioners to classify and require different standards for larger developments.
Discussions have also included individual residential homes in addition to larger developments, from lot size to hobby livestock, the county is revisiting the topics of residential areas. They have also discussed driveways and slopes as Public Safety becomes involved in emergencies. Many homes farther from the city can get quite steep in their driveways, especially on the mountainsides and in difficult terrain where homes have to access a public road however they can.
Standardizations of driveway slopes, specifically, centered on public access and the county’s ability to respond rather than on personal use. Details focused on ambulances and fire-trucks.
Road work follows along as well as many citizens are pushing for the county to expand its paved roads system, both February and March saw roads added to the road paving list. However, this list includes all roads in the county in need of paving or re-paving, not just adding unpaved roads. Any road that is to be considered for paving must first be on the road paving list.
Adding new roads through paving dirt roads or developments in areas must follow these new changes and requirements, with allowances for adjustments on larger developments, once the ordinance change has been voted on.
In preparation of this weeks meetings, over 200 pages (the full document) of the Ninth Version of the Land Development Ordinance are available for public viewing. The county has noted intents to advertise the changes which could mean a First Reader could come in May. However, should more changes be requested from citizens or developers, the ordinance could be further delayed as it has in the past.
Land Use Ordinance to return in March alongside ongoing agenda items
News March 7, 2021
ELLIJAY, Ga. – Gilmer has published its agenda for this week’s Board of Commissioners Meeting including a return to several ongoing issues including the Land Use Ordinance, the River Ordinance, a major donation to the Animal Shelter, and an alcohol license for the county’s Golf Course.
Each of these items have been in the commissioners, making progress through the long process for changes and finalizations. While the Golf Course’s license this month is a simple final formality, it was a discussed issue in November. This approval for a license will be the final step in the ongoing process of allowing golfers to order alcoholic drinks like Beer and Wine at the clubhouse.
Gilmer Commissioners, from left to right, Post 2 Commissioner Karleen Ferguson, Chairman Charlie Paris, and Post 1 Commissioner Hubert Parker.
In November, the commissioners indicated the wanted to allow for the sale when people ask without making any major notice or advertisements visible from the street or parking lot for the change.
While the river ordinance seemingly came to a consensus on moving forward during their special meeting, the Land Use Ordinance is still addressing issues and changing. In the old business portion of the agenda, the county could make a final decision this week, though most of the Commissioners have indicated a desire to go slow with these changes. However the county still could see action to possibly begin advertising the final changes before adopting a first reader in April further addressing the ending of the moratorium on certain developments. The board spoke about breaking the ordinance into sections and addressing them one at a time.
With changes still being addressed and some portions even being taken out after their February Special Called meeting, the BOC has the ordinance and its current state of changes available for public viewing, but until officially advertised as the final draft the BOC continues discussing, researching, and amending these changes in attempts to support citizens wishing to end major developments in the county while not encroaching on the private businesses of developers who are behind those projects.
Finally, with no major new information since the announcement of the donation and discussion of plans for the county’s Animal Shelter, citizens are commenting online and addressing commissioners to find a way forward in accepting the donations and expanding the facility. The commissioners did discuss ramifications of expansion and the increasing costs of moving forward on that project addressing management of the facility and its financial requirements, but never said they were considering rejecting the donation.
Addressing that note, the commissioners’ agenda does host the agenda item for a “Resolution to approve Donation to the Animal Shelter.” The official motion, if made, will come during the March Regular Meeting on Thursday, March 11, 2021, beginning at 6 p.m.
County returns to river ordinance in preparation of new season
Featured News, Featured Stories, News March 4, 2021
ELLIJAY, Ga. – As summer draws closer and some of the state’s COVID restrictions are loosening, Gilmer County is preparing for the coming summer with final notes and changes to the River Ordinance after their committee has completed its work.
The committee, consisting of Outfitters, property owners, Law Enforcement Officers, and county representatives, has presented changes to the ordinance and plans to improve the season while enforcing some of the ordinance laws that are already in place, such as no alcohol.
However, after the committee returned its proposals, the county has done more work on the ordinance as well. With plans to post signage and mark an area of no foot traffic to support buses entering and exiting and efforts in the Sheriff’s Office to post a deputy at take-out on Saturdays and Sundays, there is more changes coming as the county will be looking to use stamps instead of wristbands for people floating the river to show those utilizing an outfitter as well as help those floating match which buses they are to load on.
Board members have revisited the site location during their process and vowed to better clean the area of trash and debris in order to support some of the changes like having patrons stay behind a certain line, as previously stated in support of buses.
Additionally, the county is adding sequential number requirements to waivers to count the numbers of people on the river. Post Commissioner Karleen Ferguson has made several references and statements showcasing a desire to better understand the impact these businesses are having on the rivers. Though in opposition to swapping out wristbands for stamps, she agreed to move forward with the board’s plans with hopes that a revisit could come should the county deem the stamps to be insufficient. One of very few dissentions among the board, much of the changes came to unanimous agreement from the commissioners.
Now, the county is moving to its next step with a Public Comments meeting set for March 11, 2021, at 5:30 p.m., half an hour before their regular March Meeting at 6 p.m. That Regular Meeting will also host the First Reading of the ordinance after these new changes, a requirement before the county can return in April for the Final Reading and a possible motion to approve the changes.
With months of work set into the ordinance from its early conceptions amid committee to seeing its process through the BOC now, the final adoption will be coming just in time for River Outfitters to really pick up with the heavy part of their season. More details are still being discussed on implementation as outfitters are raising questions on some people wanting to float the river very soon and some involving more online reservations with digital signatures on waivers. However, full implementation cannot be undertaken until final approval comes for the ordinances changes, meaning that outfitters are still currently operating under the old ordinance until that can happen.
Commissioners revamp Land Use changes again
News February 10, 2021
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.”
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.
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.
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
News February 3, 2021
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.
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.
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.
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.”
Clark 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).
Chairman assures citizens that changes are to limit density
News January 21, 2021
ELLIJAY, Ga. – After last week’s meeting and discussions addressing Gilmer’s growth and density concerns. The Chairman of the Board of Commissioners as responded to clarify the county’s current actions on the Land Use Ordinance.
Gilmer County Board of Commissioners Chairman Charlie Paris said to FYN, “I think many, many people have taken your article the wrong way. They believe that we are trying to increase the density for the sake of growth. In fact, we are trying to hold the density down by making changes to the land use ordinance that will provide less density, rather than more.”
In truth, three major comments were voiced in the Commissioners’ January Work Session offering concerns over the Land Ordinance as it stands now. The county is looking at its future becoming far more densely populated through if major projects are allowed to continue to grow. However, Paris assured citizens in his response that part of what they are looking at is ways to decrease the county’s density growth. One note of discussion from January’s meeting came over lot sizes. In his response, Chairman Paris stated, “We are trying to ensure that Gilmer County stays a rural, agricultural community and not the opposite. We do this primarily by increasing the minimum lot sizes for building. I know that this will make it more expensive for people to build – although they will have the advantage of more land – but it is the only workable way to reduce density as Gilmer grows.”
Indeed, growth has continued coming to the county, even despite the national pandemic of COVID-19. Just looking at SPLOST Numbers from June and July of 2020, as reported in an August 2020 Article on FYN, saw major economic increases despite widespread closures and shelter-in-place orders at that time. Yet, economic growth also includes the County’s Tourism, which is a major impact. However, the county also noted nine multi-lot developments in July of 2020. A number that showed major changes to parts of Gilmer County’s mostly rural make-up.
With the major increases and continuing uptick in developments like this, concerns have been raised like those noted from County Attorney David Clark. Paris states, “David was warning about what would happen if we did not make the changes – he wasn’t warning us about what will happen if we do make the changes.”
Planning and Zoning Director Karen Henson speaks to the Board of Commissioners about the Land Use Ordinance changes and recommendations.
As previously reported, County Attorney David Clark stated in the meeting, “Gilmer is known and is an agricultural community. The density that is allowed, the size of the lots that are allowed at this current time, is going to change that.”
It is a statement echoed by Paris in his response today as he stated, “Right now, the land use ordinance in Gilmer will allow for a very high density future. The proposed changes will actually reduce the prospects for such a high density future and protect our rural, agricultural status as Gilmer grows.”
The board as whole and the commissioners individually are continuing to look at the density growth and at citizen comments urging them to stop the increasing density in the county as they are currently considering changes to the Land Use Ordinance. According to Paris, these changes are now and have been looking to plug up loopholes and protect certain rural aspects of the county that both the citizens and he want to keep.
Gilmer looks at developments, subdivisions, and it’s future as rural or metro
News January 19, 2021
ELLIJAY, Ga. – Gilmer’s Land Ordinance could push our county into a metro city rather than our rural agricultural based feel. A comment from County Attorney David Clark offered his professional opinion on what could happen with the current ordinance’s density restrictions on land use ordinances.
Looking to changes that could limit some of that density growth, the topic was ultimately pushed to a later meeting, however, that decision came after a lengthy discussion on the proposed changes. Revisits to the ordinance have come after a Gilmer has experienced record setting numbers and sizes of developments in the county. In July of 2020, there were nine multi-lot developments with plans filed. An overabundance of developments like this could and is changing the face of Gilmer County. For better or worse is a split response among some citizens and developers.
Public Works Director Jim Smith
Even the County Attorney David Clark warned the Board on the possible outcomes of the ordinance as it appears right now. Commenting on the high number of developments, Clark said part of the need for a response was due to “the high demand that was being placed on the infrastructure that simply wasn’t there.”
Clark went on to offer the board his thoughts on Gilmer’s increasing population density saying, “Density is not a friend to an agricultural community. In my opinion, it’s the enemy.”
With notes referencing the county’s own emblem, he pointed out the major agricultural influence the county has through its poultry, apple orchards, and the mountain rural life. He also offered other counties as evidence including North Cobb and Paulding Counties when he was much younger.
Clark said, “Gilmer is known and is an agricultural community. The density that is allowed, the size of the lots that are allowed at this current time, is going to change that.”
The continuing density growth and concerns have been echoed through citizens comments on recent topics such as the Flint Mountain Holdings’ 305 lot major subdivision on Highway 282. However, the Board is currently looking at the Land Ordinance to possibly address these issues.
More recently, September saw a major moratorium on certain subdivisions, greenspace developments, and Class E Roads. These large developments are now continuing to push for a return to work since that moratorium. However, discussions on the Land Use Ordinance are continuing after minor confusion on some of the recommendations from the Planning Boards and the needs of what the Commissioners and the people of the county desire for the ordinance and for developments in the future.
Clark called Gilmer County’s future a “bedroom-subdivision of Atlanta” if the major density increase is kept as is. This could support increasing numbers of people working from home. The allowance of unrestricted developments could lead to this outcome. However, he said it ultimately comes down to what the Commissioners want Gilmer to look like “30 years down the road.”
He reiterated that some restrictions the board is considering is a major part of shaping that future.
Speaking with Public Works Director Jim Smith, the Commissioners heard more concern for loopholes within the ordinance and fixes that Smith wants requiring rezoning from R2 high density in situations that do not meet certain requirements. Smith also spoke about county roads needing support in the face of these developments. Especially since these roads were not built to handle the traffic and wear due to the adverse impact.
Smith went on to add that he believed a solution for roads be that the developer need pay for the improvements that the roads require rather than setting that burden on taxpayers who must have the Road Department go out and improve, fix, and upgrade the roads.
Echoing similar sentiments, Planning and Zoning Director Karen Henson said that zoning should match road requirements and capabilities.
The county is currently looking at the ordinance and taking in these and other comments as they are attempting to address all of these issues, ultimately trying to balance its growth with density, developers, roads, and citizens’ needs. Yet, no final action has been taken. Instead, the commissioners are listening to citizens and hope to address these issues either next month or in a special called meeting with possible changes to the ordinance to keep Gilmer away from issues like these. Chairman Charlie Paris even released a statement reassuring citizens that he is listening.
County discusses details approving Alcohol at Golf Course
News December 4, 2020
ELLIJAY, Ga. – Attempting to set details down as they move through the three month process, the county discussed details and plans for the first reader of their change to the alcohol ordinance allowing for the sale of beer and wine at the county’s golf course.
To the best of his knowledge, Golf Course Manager Mike Brumby has previously said that Gilmer was the only one he knew that still doesn’t sell drinks in the lodge.
Whitepath Golf Course
But that is set to change in the coming months as the commissioners spoke about signage, management, and allowances during a special called meeting before the December First Reading.
The Golf Course will likely have something inside the shop showing prices for drinks, but Chairman Charlie Paris said he did not want any advertisements of the alcohol outside the building. The ordinance, according to County Attorney David Clark, will allow them to put signage as the wish. Clark also noted that the golf course is likely to require its own license and “point of contact,” meaning someone responsible for the operation.
Paris asserted that he wanted the operation to basically allow for the sale when people ask without making any major notice or advertisements anywhere. Brumby has also started looking at other courses in their management of alcohol sales and advertisements as well, according to Post 2 Commissioner Karleen Ferguson.
Another note brought up in the meeting came as Post 1 Commissioner Hubert Parker publicly noted that the county deleted something in its changes removing requirements regarding state roads.
Clark stated, “The reason that was deleted is that there may be other facilities in the county that may qualify from the distance requirements that aren’t necessarily located on state roads. Nothing in particular at this point in time, but it’s just that that’s been a bone of contention with some of these [stores].”
Parker replied, “I’m just saying, we are opening it up… We have to recognize that. That’s all I’m saying.”
Paris noted that many places not on state roads have licenses as they were “grandfathered in.”
Parker replied, “The current policy is anti-competitive. I agree.” He said that his approach understanding the anti-competitive nature is that the county was trying to keep from being anti-competitive.
The board also discussed adding allowances for special use permits for events in area such as River Park. However, upon discussing details for an idea like a “Wine Walk” allowing local vineyards, each of the commissioners agreed that they wanted to address changes to the ordinance in steps and not add any additional ideas along with the Golf Course. As per the specific location of River Park, some debate came from who owns or leases different areas of the park. Ultimately, the board didn’t go into depth on the idea as they decided to focus on the Golf Course now and address other ideas separately.
Commissioners adopt Moratorium on Greenspace subdivision roads
News September 15, 2020
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.
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:
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The suspension of Class E roads.
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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).
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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.”
County seeks to help farms to support recovery
News June 18, 2020
ELLIJAY, Ga. – Gilmer’s Board of Commissioners made two approvals this week for farms to, as Chairman Charlie Paris said, “try to recover as quickly as possible.”
While Paris said they are looking at several areas of the county’s economy, two of the approvals in June focused solely on farms and agriculture including the first steps of a change and easing of the ordinance for Farm Wineries and a Resolution supporting the “Right to Farm Act” in legislation.
With local farm wineries, Paris said the only way the county can really help with this is through lessening regulations. To that end, the Commissioners voted to approve moving forward with advertising to change the ordinance to allow local wineries in the unincorporated parts of the county “to serve local Georgia craft beer in their tasting rooms. They would not be allowed to sell the beer packaged and there will be no Sunday sales.”
Post Commissioner Karleen Ferguson said, “I know that the winery owners have requested this for some time and we were waiting to bring it up and to see when the right time was. I do think it is a great time to put that gesture in… I also love the fact that we are restricting it to Georgia Craft beers, so it is not any of the name brand national or international brands.”
Gary Engel speaks to Commissioners in June of 2020 about easing the ordinance restrictions for local Farm Wineries and allowing craft beer sales of Georgia Craft Beers.
Gary Engel spoke to the Commissioners in the work session noting that a few wineries were represented in the audience. He said that other counties in the state are already selling beers. He also noted that it would not equate to a great surge in sales, but rather it allows a service to different tastes. Engel said that sometimes a couple will come up to listen to music, one doesn’t like wine but would enjoy a cold beer. He did say that the small increase in sales could aid in the wineries business as well.
He also said they are wanting to increase and pursue the business as Gilmer is increasing in popularity with these as well. Engel said, “From a perspective of the state, with the number of wineries that are going into Gilmer County, this county will soon be the most populated county, south of Virginia, with wineries.”
Additionally, the other approval for farms came in support of a legislative Act in Georgia, the “Right to Farm” Act. Paris said that lawsuits come often against farms as people move in nearby and then sue over the smells or noise. Paris explained that through discussions with farmers, he found that these are not often won, but are often filed and can be expensive to fight against in courts.
In support of local farmers and through discussions with them, Paris said that they asked for support for this Act in protection of some of what he called “nuisance lawsuits.”
The Act increases requirements to file lawsuits against farms according to Paris, in attempt to protect them from some of these filings.
The approval came for Resolution to support the Act at the state level in efforts to help it pass.