Plans for a new gas station

and convenience store on Ga. Highway 85 next to Lowe's are still being

considered.

A special exception request

Mayor Kenneth Steele pointed out that the council still had concerns about

the issue and did not appear prepared to support or deny the request.

Council members once again

expressed concern about the proposed store being open 24 hours a day and

the installation of a pay window in front of the store, which the applicants

said is for the safety of the employees as well as the customers.

"It's not a fit [compared

to other businesses in the area]," said Councilman Walt White, who

noted that Wal-Mart at Fayette Pavilion is the only business in the vicinity

open around the clock.

White also pointed out that

he has examined a number of Racetrac stores in north Georgia and Alabama

during his business travels in recent weeks, and he didn't like what he

saw. "Racetrac does a sorry job of keeping their stations up,"

he said.

The store being proposed in

this instance would have 20 gasoline pumps in addition to a 3,952-sq.

ft. store.

Councilman Bill Talley concurred

with White's assessment of other Racetrac stores and said there were several

items that would need to be addressed before he could give his approval.

An attorney representing Racetrac

began his remarks by raising a constitutional objection to the Planning

and Zoning Commission's previous denial of the request, saying that rejecting

the special exception would be a violation of his client's constitutional

rights. (A court reported was present and recorded the entire discussion.)

He went on to stress that he

felt the special exception request (to operate in a C-4 zoning district)

and the station itself would be compatible with the surrounding developments.

"The land use here is

highway commercial," he said. "I can't think of anything more

appropriate."

The attorney said that the

Planning and Zoning Commission turned down the request last month based

solely on traffic effects, and that should not be the only consideration.

The property in question is

owned by JDN Corporation, who is selling it to Racetrac and would not

be involved in the development beyond that.

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