502 South Lee Street.

The Americus City Council heard new developments in the proposed rezoning of property at 502 South Lee Street from residential to institutional. The rezoning proposal was presented by Zion City Community Development Incorporated, which owns the building that formerly housed Central Baptist Church. Pastor George Monts, representing the ministry, has presented plans for a group home.

Chief Building Official Roger Willis presented the request to City Council. “I was asked last week to reach out to Mr. Monts to make sure he knew that the only parcel being considered was the one that had the buildings, parking lot.”

Willis also asked for him to provide details. “I was also asked for him to say exactly what it is he wanted to do. He sent us a letter on Monday. In that letter, he stated he wanted to do an assisted living facility.” The assisted living facility would be for adults.

Mayor Lee Kinnamon questioned Willis. “The new request from the applicant, is that envisioned as an allowable use within institutional zoning?”
Willis replied that it was not.

Council Member Nelson Brown asked if Monts knew that was the case. Willis said it had been explained to him.

City attorney Jimmy Skipper commented on the change, noting that the original proposal approved by the Planning and Zoning Commission was for a personal care home for children. Both public hearings were also for a personal care home for children. Skipper felt that changing the use after it had made it through public hearings went against the spirit of the process. “In this case, we’ve got a situation where the proposed use of the facility that is now being requested, has never been the subject of a public hearing.” He stated it could cause issues. “I think we have some legal exposure there if this thing ever went to court.”

Skipper stated it was beyond his experience. “I’ve never had a situation where what is being requested at the time of vote is different, totally different than what’s been requested all along in this process.” He did state that the applicant was not technically required to give the use, but that he was not able to find a case were the proposed use changed during the process.

Council Member Daryl Dowdell said he believed the rezoning application for 502 South Lee Street was unusually drawn out. “I don’t think that the applicant was told the right thing from the get go.”

Dowdell said that Council’s questioning of the rezoning application was more in depth than usual. “We [are] asking all kind of questions that I think. . .haven’t been asked in the past. That’s a disgrace to me.” He gave questions about funding as an example.

Council Member Charles Christmas stated that his only issue was that the applicant “has flip-flopped on different uses.” He addressed the change in proposed use. “I personally think we’re setting ourselves up for a legal issue by not doing the proper avenue.”

Christmas admitted that the application process was drawn out. “But also [we’ve] never had an applicant that kept moving around on us either.”

Dowdell questioned Willis, asking if it was Monts’ idea to send the letter explaining the proposed use for the property.

Willis responded. “I was asked to call him.”

Council Member Nicole Smith commented. “Councilman Brown asked that we make sure that Pastor Monts knew exactly what was going on.” Brown agreed with her assessment.
Dowdell compared the ministry with other applicants during his time on the Council. “We haven’t asked them to say exactly what they want to do.”

Smith commented on the potential for litigation. “Make sure that we take these same protocols and concerns for everybody.” Smith stated she had her own opinion on the subject, but that “whether we agree with it or not, we have to do the right thing.”

Smith also said there was a breakdown in communication, with Monts under the assumption that the rezoning would move forward. “I was in a church last night, and he, out of his mouth said, it was okay, he got a call.”

Brown stated he was sympathetic to the members of the neighborhood, but was less concerned with being sued, since it could happen over anything, than following proper protocol.

Council Member Kelvin Pless commented. “Let me just go ahead and make it clear particularly when minorities want to do certain things, seem like we [are] having issues.” He stated minorities had had issues with rezoning applications two or three times based on where they wanted to put their businesses. Pless also stated that they were not in a position to vote on the matter.

Skipper stated that if the applicant was allowed to withdraw the rezoning proposal, he could refile, but if it was denied, he would not be able to refile for twelve months. The Council decided to table the proposal, allowing the applicant the chance to refile.