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September 2, 2010
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Commission approves concert hall
Published October 11, 2009
Despite a recommendation to deny the conditional use from the Planning Commission, the Walton County Board of Commissioners voted unanimously last week to approve a small concert hall in a move opposed by some neighbors.
“I felt in the two months that had passed between this first coming to the county’s attention and now, it has become obvious the problem was not with the building and the singing. It was with the yard art and signs,” District 2 Commissioner Chuck Bagley said, who made the motion to approve the measure. “People were fearful Joe Ray wanted to put in a Dollywood there. I think the restrictions we put in place will prevent that from happening.”
Bagley added the recommendation to deny the conditional use by the Planning Commission was based on concerns of changing the character of the area and spot zoning. After talking with county Planning Director Mike Martin, Bagley said those assumptions were incorrect.
Before making his motion, Bagley expressed his disappointment the two sides could not come to an agreement on the 26-plus acre tract located on the corner of Sandy Creek and North Sharon Church roads. The owners hoped to use the site as a gathering place for bluegrass, country and gospel music at a building on the tract. The concerts, which started off small, grew in size and were being advertised on the radio. Signs also started sprouting up on the property.
Last month commissioners tabled the conditional use request in hopes the applicants, Billie Faye Green and Joe Ray, could come to a compromise with concerned residents of a nearby subdivision. That never came happened, and the two sides were before the board again last week. While the meeting room wasn’t as packed as it was during the September meeting, where a clear majority were on hand to voice their views on the concert hall, there were still many concerned citizens at last week’s meeting to hear the decision.
In making his motion to approve, Bagley said in addition to the stipulations placed on the conditional use by the Planning Commission — which included limiting the days and hours of operation and providing 6-foot privacy fencing along the right of way — the commissioner asked that signage on the property be limited to what currently existed on the property, signs put up cannot be for metro Atlanta businesses, no alcohol be sold or consumed at the events and there be no radio advertising of the events.
The commissioners’ decision did not sit well with everyone.
“The homeowners from Sandy Creek Cove asked Mr. Joe Ray to sit down and talk about the situation on two separate occasions, but he flatly refused,” said nearby resident Mike Archer after the meeting, who added Ray was extremely uncooperative and this was pointed out in a report submitted to commission members. When called Friday, Ray had no comment on the matter.
Archer was also disappointed he was not afforded the opportunity to speak at last week’s meeting.
“There was no mention at all as to the underhandedness of the applicant, ignoring his initial approval to build a utility building but instead building a music hall. Nor did the commissioners seek to think that integrity and honesty of the applicant was of any importance,” Archer said, who had hoped to point this out during public comments at the meeting. “I ask the commissioners — how is it so you can be so ignorant or blasé about a man that would lie to you on his original request to build a utility building, then allow him to come back and seek a rezone to build a private recreation club, or music hall, effectively circumventing the county’s new character map and zoning regulations?
“Apparently, spot zoning is alive and well and the newly released character map and zoning regs are but a charade.”
According to the conditional use application, the Planning Commission did determine a recreation center/private club is a permitted conditional use in the A-1 zoning. The site is also designated “suburban” on the character area map, according to Planning Commissioner documents. The Water Department did advise on the application “available fire flow is limited in this area of the water system to support commercial uses.” The building was built first and then proper zoning sought after the fact, according to statements made publicly during the original Planning Commission meeting.
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