After Macon-Bibb County Planning & Zoning denied an application for a new vape and smoke shop last month, the prospective owners appealed to Bibb County Superior Court a week before P&Z enacted a moratorium on those types of businesses.
Monday, with two of the five commissioners absent, P&Z approved the resolution that pauses acceptance and approval of applications for vape shops until Jan. 5.
“The Commission is concerned that the rise in vape shops and vaping has created serious public health concerns, especially among youth and adolescents and especially when located and concentrated too close together or where youth may congregate, such as schools and other areas that serve or attract the youth,” the resolution states.
As suggested grounds for reversing the Sept. 8 denial, the vape shop’s appeal questions the appropriateness of commissioners using that reasoning instead of zoning ordinances and P&Z’s Comprehensive Land Development Resolution in making their decision.
On Sept. 8, four businessmen applied for conditional use approval for DJ Vape and Smoke to open a shop in a 1,500-square-foot retail space in a new convenience store at 6011 Bethel Church Road.
P&Z Chair Jeane Easom and Commissioner Kesia Stafford both raised health concerns about vaping and smoking before voting against the shop.
“The denial was influenced by Commissioners’ statements reflecting personal bias and generalized opposition to vape and smoke shops rather than legitimate zoning criteria,” attorney James Hamp wrote in court filings.
Hamp notes commissioners expressed opinions there were “too many vape and smoke shops” in the county suggesting the “denial was based on personal preference rather than zoning standards.”
The decision was “arbitrary, capricious, and contrary to law, as it was based on subjective and inconsistent considerations not supported by the zoning ordinance or the Comprehensive Plan,” the appeal states.
P&Z Executive Director Jeff Ruggieri said they are preparing a response to submit within 30 days of the appeal date.
Beall’s Hill design debate
During Monday’s hearings, P&Z approved subdividing 1222 Calhoun St. into three lots and splitting 895 Elm St. in two, but would not approve the design of new homes for those lots and
1369 Jackson St. that are all in the Beall’s Hill Historic District.
Because Presidential Cottage Homes uses materials not permitted in Beall’s Hill guidelines, P&Z referred the certificate of appropriateness applications back to the Design Review Board on Oct. 20.
Ordinarily, the review board would consider the historic district applications first and make recommendations to P&Z, but they did not have a quorum Oct. 6 and the agenda went straight to the full commission.
The founder of Presidential Cottage Homes, Wayne Johnson challenged P&Z to go ahead and make a decision because newer synthetic materials can better withstand the elements, wildfires and hurricanes.
“I’m confused as to why you would be objecting to a superior product,” Johnson said.
“It’s the guidelines, sir,” Ruggieri replied.
“We’ve made sure that we’re putting forth material that’s going to look good and last for a few hundred years. So, it’s y’all’s call but I’m not going to build an inferior project. Period,” Johnson said.
Residential contractor Billy Baldwin testified he watched similar Presidential houses go up in Plains.
“I’m not easily impressed, but I was thoroughly impressed with the quality from the foundation up to the meticulous details of the framing, as well as the finishes of these units,” Baldwin said.
Easom explained that consistency is important when enforcing guidelines that others have to comply with, so the review board will take it up next week.
“I don’t that doubt that it’s better,” Easom said. “It needs to be compliant.”
P&Z is currently revising its historic district guidelines, which could give the review board more flexibility in the choice of materials.
Commissioners approved the subdivision of the vacant parcel on Calhoun Street despite hearing concerns from a handful of nearby residents about potential flooding issues due to an underground creek on the lot.
Johnson said they are aware of the culvert and have adjusted the site plan accordingly.
“Before we build anything, we’re not stupid, we’re going to make sure we do the engineering work to make sure that what we’re placing there is not going to be impacted by water damage,” Johnson said.
Other Agenda Items
- 1136 Linden Ave. — Although historic district guidelines state new roofing materials should match the original, P&Z approved the use of architectural shingles to replace Ryan Griffin’s pressed tin metal roofing which is now considered obsolete. P&Z has set earlier precedent when it comes to replacing tin shingles with contemporary materials as long as they mimic the original size, shape, color and texture.
- 1415 Bass Road — P&Z approved Triple Point Engineering’s plans to build a new two-story, 4,000-square-foot Morris Bank with a drive through on 1.5 acres of the nearly 38-acre Rock Springs Church campus that was formerly home to Mabel White Baptist Church.
- 4700 Sheraton Drive — The Infiniti automobile dealership has permission to build a six-bay repair shop on a vacant three-acre parcel.
- 510 Allied Industrial Blvd. — Complete Resource Management received conditional use approval for a $5 million recycling and composting facility that takes organic materials like wood debris and grinds it into mulch. A fence and landscape buffer are required along Allied Industrial and the eastern property line of the 39-acre site. The business is expected to employ about 30 people.
- 7410 Houston Road — P&Z agreed to rezone 11 acres from agricultural to single-family residential to allow subdivision of the property that currently contains two homes on the parcel.
- 7531 7555 Hawkinsville Road — P&Z rezoned 4.67 acres from agricultural to wholesale and light industrial to allow Prince Service & Manufacturing to create a graveled yard for storing materials, equipment and tools.
— Civic Journalism Senior Fellow Liz Fabian covers Macon-Bibb County government entities for The Macon Newsroom and can be reached at [email protected] or 478-301-2976.
