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And this time the MPC agreed to support the rezoning and recommend approval to the County Commission.
During the February 2 meeting, the owners’ agent, Greg Wilkes, explained to the MPC that his clients needed to sell the property and that it did not have much value as residential property since it fronts on a four lane state highway.
MPC member Bill Brunson asked if they had considered a less invasive zoning like Local Commercial (LC).
Wilkes said, “We looked at that briefly, but it seemed too limiting in its allowed uses.”
Wilkes said they considered Office Commerical (OC) and Highway Commercial (HC) zonings, but the OC did not offer enough options and the permitted uses in HC could potentially have too much impact on the neighborhood.
"We feel general commercial is a good choice," said Wilkes, "A small church or lodge could be built there or a small retail shopping area."
The amended rezoning application included a drawing of a proposed commercial facility showing a general layout of a building and parking lot.
MPC chairman Gary Neville explained to the Country Club Park residents that the drawing was simply to show that a commercial building could be built on the property.
"There is nothing specific planned for the property at this time," said Neville, "this drawing is just to show that something can be done."
After the property is rezoned and sold the final details of what will be built will have to be approved during the site plan process.
Neighborhood resident Keith Higgins spoke in opposition to the rezoning on behalf of the whole subdivision, although there were a number of residents at the meeting to show their opposition.
Using a prepared statement, Higgins said, "As a general principle, we do not oppose any possible development of the property. We feel an appropriate, higher density residential development or a mixed use, planned development that involves a substantial residential component that abuts our neighborhood, with local commercial use along the property's frontage on Hwy. 17 would probably be the best possible use of the property."
"We do, however," Higgins continued, "oppose the current proposal because it does not preserve and protect the residential character of our neighborhood, and it permits many uses that will adversely impact our property and quality of life. We also oppose the current proposal because it is contrary to the recommended Development Pattern for the Central Glynn Area and the guidelines for a mixed use corridor."
Higgins made three major points in his comments.
One was that the stretch of Hwy. 17 between Community Rd. and Chapel Crossing Rd. is made up of nodes of commercial property alternating with nodes of residential property. This is the “development pattern” along this portion of Hwy. 17, according to Higgins.
“The property’s current zoning is compatible with the continued evolution of this area as a residential node,” said Higgins, “The zoning proposal will alter this development and make the residential use of the property to the immediate north and south less desirable. This could then destroy the existing, mixed use nature of the corridor by inevitably causing this area to become one hundred percent commercialized.”
Another point Higgins made is that while the county zoning map shows adjacent and nearby property to be zoned with commercial and Planned Development uses, much of the property is being used as residential.
Wilkes responded to this saying the property's zoning was more important that the current use, because the use can be easily changed to match the zoning.
Higgins third point was based on the fact that if the GC rezoning is approved, Fairway Rd., which runs down the side of the property, will have to be widened to 24 feet.
"The ensuing commercial use of Fairway Rd. will increase the amount of traffic and congestion on the only means of ingress and egress for the residents of Country Club Park," said Higgins.
"Without knowing exactly what use will be made of this property," Higgins continued, "the additional impact upon Fairway Rd. and the adverse effect on the residents of Country Club Park cannot be adequately assessed. We, therefore, ask that no rezoing for this property be approved unless there is a specific use that is proposed."
Higgins said the county needed to "balance the interest in the case" and that could not be done without a planned development.
Higgins closed by asking, “Should you decide to recommend approval of the rezoning, we ask you to protect our neighborhood by limiting the types of adverse uses that will be permitted.”
Higgins asked that the property not be allowed to be used for a funeral home, massage parlor, tattoo parlor, truck or transportation terminal, repair garage, auto service station, retail or wholesale business that involves the open yard sale of merchandise and any business that requires a license for sale or consumption of alcoholic beverages.
Neville agreed with Wilkes about the general use of property saying Hwy. 17 "screams commercial."
Wilkes said that denying the rezoning would "strongly inhibit" the owners' ability to sell the property.
Higgins disagreed, saying it has value as residential.
After much discussion, the MPC seemed hesitent to make a motion, so after a moment or two of silence, Julie Martin made a motion to deny, which failed for lack of a second.
After a bit more silence, Jeff Counts made a motion to approve excluding the funeral home and truck terminal uses.
Brunson asked for an amendment that excluded the other uses named by Higgins.
Counts said he would accept the amendment reluctantly because the alcoholic beverage license exclusion would also include restaurants.
The final motion eliminated all the uses that Higgins requested be eliminated, with the exception of restaurants that serve alcohol. Bars and package stores are not allowed.
The motion passed 6-1 with Julie Martin voting nay.
After the meeting Wilkes agreed that it was a reasonable compromise.
The rezoning application will go to the County Commission at their Thursday, March 4 meeting.
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