The Gilmer County Board of Commissioners (BOC) gave conditional approval for 25 acres between Progress Road and Highway 515 to be rezoned from R1 (low density, single family residential) to R5 (high-density, multifamily residential), which will take effect only if specific conditions are met by the developer.
Commissioners Charlie Paris, Karleen Ferguson and Hubert Parker discussed possible conditions and ramifications of the proposed rezoning change for the property owned by James Conner at a Wednesday, Aug. 10, workshop and a BOC meeting the following Thursday.
The proposed use for the land is Gilmer Village, a mixed-use subdivision expected to include 80-100 units including single family homes and townhomes.
The rezoning is a unique situation for the county, noted Public Works Director Jim Smith.
The land is under county jurisdiction, but the developer wants to tie onto two city roads (Mountain View Drive and Progress Road) for entering and exiting. Mountain View is 100 percent an East Ellijay road and Progress is 100 percent an Ellijay road, Smith told the commissioners.
“The infrastructure to support this is out of your jurisdiction, but the rezoning is your jurisdiction,” he said. “You’ve got multi-jurisdictional things here. Yours is the rezoning, but the two cities will somehow have to deal with, in the future, traffic issues that development or any other development may cause.”
Mayor Mack West has stated that East Ellijay will not allow the development to use Mountain View Drive.
“I have spoken to the mayors of Ellijay and East Ellijay,” said Paris. “Mayor West is adamantly opposed to it. His position is access to (Mountain View Drive) is not permissible. The concern there is the traffic that will be trying to go across Highway 515, particularly foot traffic.”
County attorney David Clark said there is enough footage on Progress Road for two entrances and exits if permission to use Mountain View Drive cannot be obtained.
Each commissioner offered different concerns and opinions about the proposed rezoning.
“My concern is the same as always I guess. I just don’t think we have the infrastructure to support it,” said Paris.
Ferguson said she supports the zoning change because the county is in “desperate need” of long-term rental properties.
“It follows our comprehensive plan, and that’s where you’ve got water and sewer and that higher density of businesses. To me, this is great location,” she said at Wednesday’s workshop. “Going ahead and zoning it to R5 would allow, if this developer doesn’t work out, someone else could.” Ferguson also recommended adding a condition prohibiting short-term rentals in the development. It was decided that under 90 days would qualify as a short-term rental in this case.
Parker noted it looks like the development would work better with an entrance on Mountain View Drive, and if both entrances were on Progress Road, it would make traffic worse on that road.
“I would condition it on the improvements of both city jurisdictions being met, and let them fight it out or work it out with the two cities as to how they do it,” advised Smith.
The BOC’s final decision included a condition that two entrances from one or more public roads be established.
A right turn lane at the intersection of Highway 515 and Coosawattee Drive (which connects to both Progress Road and Mountain View Drive) was proposed in a recent traffic study as a way to reduce traffic congestion. Smith told board members Coosawattee Drive is a “combination of East Ellijay and Ellijay.”
Putting in that turn lane, to be paid for by the developer, was also a condition in the BOC’s final motion.
“I think, in terms of the Ellijay portion of it, if an approval is given with the stipulation that the developer has to pay for those improvements, that will satisfy Ellijay,” said Paris.
Clark advised not allowing ground to be broken on the site before the developer actually has “the permits and approvals from the cities with respect to the street connections.”
The property will not be officially rezoned until the BOC’s conditions for the developer — two entrances and exits on public roads and funding a right turn lane to go on Coosawattee Drive — are met. If all conditions aren’t fulfilled, the parcel will remain zoned as it is presently, Clark noted.
“They can re-approach the board if they’re unable to fulfill that condition at some point later and ask for rezoning based on a different set of conditions,” he added.
If granted, the rezoning would also carry the stipulation prohibiting short-term rentals for under 90 days.