Tony Glenn lets us know the Planning Commission can vote something down

Afternoon all,

We had a small victory last night. The Planning Commission voted to deny the rezone request at the corner of Branch Road and US441. The vote was 5:2. This is the second time the PC has voted to deny the rezone request by these developers.

PLEASE plan to attend the Board of Commissioners meeting on March 6th at 7:00 p.m. in the Courthouse.

As you all know, the vote by the Planning Commission is simply a recommendation. The real and final vote will be by the BOC. They are the elected officials who need to be informed of your thoughts and concerns regarding commercial rezones in the southern region of Oconee County.

Every type of development has its proper time and place. This is the essence of land use planning. This is why the county employs a planning department.

Now is not the proper time to open up south Oconee for another convenience store and gas station (and the subsequent other commercial developments that will certainly follow). The northern regions of the county that have the proper zoning and infrastructure are the proper places for this type of development.

Here are the email addresses of the Commissioners. Please write them. I’ve included below some points for you to consider when writing to the Commissioners.

Melvin Davis, Chairman: mdavis@oconee.ga.us

Jim Luke, Commissioner Post 1: jluke@oconee.ga.us

Donald Norris, Commissioner Post 2: dnorris@oconee.ga.us

Margaret Hale, Commissioner Post 3: margarethale@oconee.ga.us

Chuck Horton, Commissioner Post 4: chorton@oconee.ga.us

-- Fire suppression is a serious concern for a development involving gasoline storage and pumping, especially given that the water service will be by private well. The danger posed by this gas station proposal and subsequent commercial development that would certainly follow is a significant threat to the health, safety, and general welfare of the public. According to the National Fire Protection Association, an estimated 7,400 fires and explosions occurred at public service stations per year from 1994 through 1998. That means that, on average, one in every 13 service stations experienced a fire. These 7,400 fires caused an annual average of two civilian deaths, 70 civilian injuries and $18 million in property damage.

-- Traffic safety is of significant concern. The property is just south of a high-speed blind curve. On several occasions south bound vehicles have come through that curve and lost control, wiping out the fruit stand. Some have even come to rest very near where the pumps are proposed for this gas station. Entering and exiting Branch Road is already dangerous as it is. Now add to this more than 3800 projected average daily trips into and out of this convenience store, and you have the makings for some serious and potentially deadly accidents.

-- There is no need or demand for another convenience store/gas station in south Oconee. The northern portion of US441 in Oconee County had over 26000 average daily trips in 2005. That same year the region of US441 near Branch Road and Heritage Park had 9000 average daily trips. If the RaceTrac at Hog Mountain Road is sufficient for the heavy volume of traffic in that area, then why would south Oconee need two gas stations a mile apart to service one-third as many vehicles? Economics of scale and infrastructure clearly indicate where the county should and should not focus its commercial intentions.

-- There is the broader impact that a B-2 rezone will have on the southern region of the county. To grant this rezone request will set a destructive precedent that the county could not legally turn back later. If the county says yes to this gas station, then they cannot say no to subsequent commercial development. All of this would occur on private wells and septic systems. People live in south Oconee to escape from this type of sprawl!!! The county currently has a legitimate policy against such development, which is wise and justified given the lack of water and sewer infrastructure.

-- The applicant requesting this rezone has stated that precedent for this development already exists in this area of the county. A look at history clears up this misconception.

The construction of Fast Phil’s in Farmington is not a precedent for this rezone request. Fast Phil’s was built on land that was zoned for business decades ago when Farmington was a functioning municipality with its own zoning control. Farmington’s zoning designations were absorbed into the broader unincorporated county zoning when the town ceased to exist as a municipal government in July 1995. The developer of Fast Phil’s needed only to acquire the necessary permits and then build the store. No rezone was needed. The other business that is pointed to is the pet cemetery. This is clearly a different type of development than a convenience store and gas station. The difference in community impact is obvious. But more importantly, this rezone was done under a previous zoning classification system where B-1 was the best fit at the time. Under today’s Unified Development Code, a cemetery could be allowed as a special use under A-1 zoning. The county’s policy of avoiding high-impact commercial rezoning in regions lacking water infrastructure has been consistent. Therefore, this request should be denied.

-- The applicant for this rezone has not made any attempt to utilize the land in an agricultural manner. He bought the property in February 2004 (just 3 years ago) with the intention of building a large truck stop. That plan was withdrawn after much public outcry throughout the region. The developer then came back with a plan significantly reduced in scale, which was unanimously rejected by the Planning Commission in May 2006. At that meeting, they specifically stressed that the county has never approved a commercial rezone of this type that would require service by a private well. Facing possible rejection of the rezone request by the Board of Commissioners, the developer withdrew again. Now, nine months later, they are back asking for the same rezone. The Planning Commission last night again voted to deny the rezone. Now it is up to the BOC.

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