Wednesday, May 08, 2019

Oconee County Commissioners Approve Commercial Rezones At Mars Hill Road And U.S. 78 And On Epps Bridge Parkway

***Car Dealer Not Allowed***

The Oconee County Board of Commissioners Tuesday night approved a 32-acre commercial rezone request for the northwest the corner of U.S. 78 and Mars Hill Road and a 1.4 acre commercial request on the eastern side of Epps Bridge Parkway at Pine Ridge Court.

The Commission granted in a 3 to 1 vote the rezone request of Butts County developer Bill Jones, who says he will build a JP convenience store and gas station with 20 fueling positions and a Burger King at the intersection of Mars Hill Road and U.S. 78 in the first phase of development.

Jones also submitted concept plans for a hotel and big box store–possibly a grocery store–for future development of the site.

The Commission turned down Jones’ request to be allowed to put a car dealership on the property as an alternative to the submitted plans.

The Board voted unanimously to approve the request of Danny White of Athens to rezone 1.4 acres on Epps Bridge Parkway at Pine Ridge Court from a two-family residential classification to a general business district.

White is proposing to tear down three duplexes on the site and build a two-story financial center with commercial banking operations and associated office space.

New Car Dealership

The Planning Commission recommended denial, in a 7 to 3 vote, of Jones’ request for the rezone on the grounds that it was not compatible with the county’s land use map.

Horton 5/7/2019

Planning Commission members were particularly concerned that Bill Jones, who spoke at the Planning Commission meeting, opposed restrictions on how land could be developed once it was rezoned for business use.

Steven Rowland, with Rowland Engineering of Macon, represented Jones at the hearing before the Board of Commissioners on Tuesday and asked the commissioners to remove the items related to new car dealers from the list of prohibited uses for the property that the county staff had recommended.

Burt Jones, one of the principals of the company and a state Senator from Jackson in Butts County, followed Rowland with the same request. Burt Jones is a son of Bill Jones.

Burt Jones said the concept plan showing the grocery store was only something his company had produced to meet the requirements of the planning process.

The company operates new car dealerships in Jackson and Madison, Burt Jones said, and it wants the option of putting a new car dealership on the 32 acres should the market dictate.

Citizen Support

Three people spoke in favor of the development during the public hearing on the rezone request on Tuesday.

Linda Carol Porterfield, 1020 Chestnut Glen, off Daniells Bridge Road, said the location is ideal for restaurants and groceries.

Porterfield is a realtor and a member of the county’ Industrial Development Authority.

Ken Beall, president of Beall and Company, a land planning firm located at 3651 Mars Hill Road, near the proposed shopping center, said a “grocery store would do wonders for the area.”

James Hunter, who said he grew up in that part of the county, told the Commission no one in the area is opposed to the development. Hunter said he and his family own acreage across U.S. 78 from the Jones property.

Citizen Opposition

Dennis Norton, 1121 Liberty Lane, across U.S. 78 and west of the proposed development, was the sole person to speak against the rezone. Norton was the sole speaker against the project at the Planning Commission meeting as well.

Saxon 5/7/2019

Norton said he is a registered architect and planner who moved to Oconee County to avoid the development of Gwinnett County and suburban Atlanta.

Norton focused his comments on the county’s recently adopted Comprehensive Plan and said that he disagreed with the county staff conclusion that the proposed development is consistent with the Technology Gateway Area designation of the county’s land use plan.

“The future of the Highway 78 corridor lies solely on your decision tonight,” Norton told the commissioners. “I know there is the temptation to voting for progress. We ran into that in Gwinnett all the time. And increased tax revenue. Oh, yea, that’s the magic word.”

“I plead with you to search deeply inside and base you vote on enabling the vision that so many people have worked very hard on,” Norton said. “A vision that is the blueprint for the future, that everyone in this county can be proud of, and one where commercial ventures work in concert with farms and residences.”

Grocery Store

Commissioner Chuck Horton asked Burt Jones once the public hearing had been closed to elaborate on the possibility of a grocery store being the big box shown in the shopping center’s concept plan.

“There have been groups that approached the Crowes and ourselves that represent grocery store chains,” Burt Jones said.

According to county tax records, Bill Jones purchased the five parcels from the Crowe family estate on Jan. 10 of this year for $3.25 million.

Jones said there were verbal offers for the purchase of the property for a grocery in the past but at present there is “nothing concrete or firm.”

Horton asked Jones if he would like to use the property for a new car business.

“We’re in the new car business,” Jones said. “If you are in a certain business, you wouldn’t want to handicap yourself going into it.”

“What I’m not hearing is what you really want to do with the property, except get it rezoned,” Commissioner Mark Saxon said.

Saxon was the sole negative vote on the rezone.

Financial Center

Three citizens spoke during the public hearing on White’s request to rezone the 1.4 acres on Epps Bridge Parkway.

Two had spoken before the Planning Commission, which last month unanimously recommended approval of the rezone request.

Kathy Hurley, 1041 Laurel Place, president of the Tanglebrook Home Owners Association, said she was not in favor of or opposed to the rezone.

Hurley said her concern is with the impact of all development in the area on access to her subdivision, and Hurley and asked the Commission to be sensitive to that issue.

Julie Hunter, 1023 Pine Ridge Court, the property manager for the five lots that are on Pine Ridge Court and are not owned by White and for the mobile home park behind the complex, said that the financial institution is attempting to “use our Pine Ridge Court” as an entrance.

Pine Ridge Court is a private drive that is not maintained by the county, and she said the financial institution should be required to have its own entrance off Epps Bridge Parkway.

“Don’t forget about the remaining five duplexes that are there that are residences to 10 families,” Hunter said.

William Peake, 1012 Pine Ridge Court, asked what kind of help the county would provide for those who had to move if the rezone was approved.

Buffer Variance

The Commission imposed the condition on the rezone that the financial institution maintain the private road at county standards at least up to the entrance to its property.

White also asked the county to reduce from 50 feet to 15 feet the buffer against adjoining residential properties.

Hunter also spoke during the hearing on that condition, saying that it was important that the county recognize that “We are there.”

Attorney David Ellison, 1521 Welbrook Road, representing White, responded by telling the Commission that the residents of the duplexes are leasors.

None of the property owners had spoken up in objection, Ellison said.

The Board approved that variance request, in a vote of 3 to 1. Saxon cast the negative vote.


I was not able to attend the Board of Commissioners meeting.

Sarah Bell did attend and recorded the video below.

Discussion of the shopping center rezone request begins at 14:27 in the video.

Discussion of the financial center rezone begins at 1:18:40.

NOTE: For some reason, it took three attempts at uploading this video to find success. It had taken two attempts at rendering before that. I apologize for the delay. 12:58 p.m., 5/9/2019.


Anonymous said...

What is it about Burger Kings and our county commissioners? Can’t they be more creative than fast food? Watch for all the requests for variances to the plans. Publix was mentioned as the grocery store. I would not be surprised if it ends up being a Piggly Wiggly, Ingles, Food Depot or a Bell’s. The commissioners sold out, follow the money trail. Let’s make a change come election time.

Anonymous said...

Very surprised by this meeting.

The poor renters in the duplex are being trampled over by developers. It smells of gentrification.

Meanwhile, the commissioners are trampling on the Comprehensive Plan by approving two massive commercial complexes this year in an area that's supposed to be reserved for high-end jobs.

A lot of people on Lee's blog have complained about Melvin Davis and excessive growth. I believe a few even called him King Melvin, but the current BOC is responsible for a lot of unwanted growth too, such as Mercedes Benz, Boswell on 316, Burger Kings all over the place, etc.

Notice that most of the people who spoke in favor are inherently pro-development like an engineer/architect and a local Realtor.

Also notice that while these affordable duplexes are going to be demolished, Watkinsville is going to get some expensive apartments.

Anonymous said...

The individuals speaking in favor of the re-zone do so based on their own self interests. In this case, real estate and a company that will be hired to design the fast food haven or someone wanting to sell their property in the area. Nothing is wrong with their professions, only what they want may be bad for the county in the long run. Taxpayers are not here to fill the pockets of politicians, their buddies or family members.

Why do we primarily have only fast food developments? Jones- the person wanting to develop on US78 comes from Butts County. Butts is a county ranked 102 in the state in overall health, etc. Oconee (for now) is ranked 2 in the state. Why do we elect a BOC that gives questionable developers complete power to destroy our wonderful quality of life?

Unfortunately, the present board does not have a good direction for the county. Is the running of the county is beyond their capabilities?They are setting us up for an uncertain future of overbuilding, dirty streams, crowded schools and a downward spiral for the county. And it doesn’t mean we have BOC replacements that are bought and paid for by special interests. We are at a crucial turning point. I am so disappointed by the BOC. Vote them out and set the county toward a better future.

But the people of Oconee are living in a dream world. They will not get involved. I feel sorry for them when they do wake up.

Anonymous said...

Prince John and the four Royal Jesters.
Except it’s not funny what is happening to our county.

Xardox said...

1. AJ's corner was charitably called "tired."
The property contiguous out the back of the corner is clearly destined for more than a small grass enclosure. Besides, it is crucial to understand that the vote was on a re-zone. Before the first spade of dirt is turned a building permit must be considered and passed.
2. I could easily be wrong, but I very much doubt those protesting the rezoning of the Pine Ridge Court piece have actually laid eyes upon it. A two-story commercial building fits much better into the area than those (also tired) duplexes. The "affordable" adjective is laughable as an issue.
3. As I have written many times previously in this space, that the Land Use Plan has no real authority has been a looming problem from the start. All that time, money, and effort has always been but a "suggestion."

Anonymous said...

The architect spoke against the rezoning due to non-compliance with the Comprehensive Plan.

Anonymous said...

The local comprehensive plan is the legal foundation for the local zoning ordinance, zoning map, and zoning decisions. When a local government makes regulatory decisions that are contrary to the land-use components of the local comprehensive plan (whether that be in the land use map/narrative or a “character area” map/narrative), those decisions may be determined to be invalid by the courts.

Adverse consequences as a result of a local government’s departure from the terms of the comprehensive plan in applying its development regulations, may justify consulting an attorney who specializes in land-use law (a specialized field among lawyers).

Local elected officials have wide latitude in making local decisions, but the courts have occasionally invalidated their decisions as a result of inconsistency with their comp plans.

Anonymous said...

I very much doubt the BOC has read the Comp Plan or cares about it when they “vote”. We are constantly seeing the BOC vote in questionable rezones requests. Allowing businesses in the area that should not be allowed. The county attorney had to step in on this one to stop them from building a business not allowed in the UDC, for heavens sake.

We have a sorry excuse of leadership in the the BOC starting with the Chair. The four commissioners all follow what Daniell puts before them. Daniell is slowly pushing certain rezones that will result in political payback via campaign contributions. Now that will be an interesting list. A big re-elect Daniell sign will be up on the property on 78. And let’s not forget the campaign contributions that will come from all the firms and companies involved in the building process on all these rezones.

Citizens groups consulting a lawyers, etc. is all well and good. Save your money and just vote the bums out.

Anonymous said...

Newton county gets a Facebook data center, Oconee county another Burger King.