Brookhaven residents were given a chance to voice their opinionson the tentative zoning of the annexation areas Tuesday night at apublic hearing at the city boardroom.

The zoning map, put together through the efforts of the cityplanning commission with the oversight of annexation consultantMike Slaughter, showed the proposed zoning of the annexed areas,which have been a part of the city now for a little over a year.City officials called on attendees of the public meeting to askquestions and present concerns over the assignments given to thenew areas.

Landowner J.B. Rushing addressed the board concerning his issueswith a section of land he owns that is flanked by the JuvenileRehabilitation Facility, the State Mental Facility and Interstate55. It was zoned R1, or residential.

“I understand that when the state owns land, if they want to dosomething with it, they can,” Rushing said, alluding to thepossibility of similar facilities being located in the area.

Rushing said he believes C3 zoning, for light commercialproperties, would be more appropriate for the area.

Aldermen seemed to agree the area needed to be reconsidered, butcould not take any action on the issue since the meeting was simplya public hearing and action must be taken in an actual calledmeeting. The board is expected to review the map and possiblyapprove the plan at the Aug. 5 board meeting next week.

In other comments, representatives of Charles Green, who ownsthe land at 790 Zetus Road, asked about the proposed R1 zoning ofthat area. They said the stoneworks business, an apartment complexand a laundromat in the area seemed to point to the possibilitythat another zoning classification might be a better fit.

Ward Four Alderwoman Shirley Estes said the businesses in thatarea would be grandfathered in after the zoning under thenon-conforming use clause, and assured them the businesses cancontinue to function as businesses. Green family members expressedthe concerns that if the land was passed on to heirs and theywanted to change what kind of business they wanted to conduct onthe land, they might not be able to because of the zoning.

Aldermen said they would take the family’s wishes underadvisement at the next meeting.

Brooklin Apartments owner Ken Britt asked about the zoning ofthe area of Halbert Heights, where his apartments are located,being zoned as R1. He asked for it to be reconsidered for an R3zoning, which would accommodate multi-family dwellings.

Britt said he was looking to put some buildings that would holdfive apartments each on the land in the future.

Citizens Against the Annexation lead spokeswoman Sandra Geraldasked the board what the procedure is for a property owner whosebusiness is grandfathered into a residential area if the businessburns down. She questioned if it would be allowed to be rebuilt asa business or if it would have to come back as residentialproperty.

City Attorney Joe Fernald said under the law the business can berebuilt, because it would fall under the case of a fire or anaccident, but that the business owner would have to show “plans tomove satisfactorily toward the end of the project.”

Gerald also brought up questions about taxing and appraisal, andhow much is based on the zoning of an area.

“I know that we’re told that regardless of how land is zoned,it’s all taxed on the same millage rate and based on the appraisalvalue of your property,” she said. “But depending on how you’rezoned, does that not come into reflection on how you’reappraised?”

Slaughter told her the property is taxed on the use of theproperty, not the zoning of the property.

“It’s based on the use and size of the structure, not thezoning,” he said. “You may be able to get more money based on that,but the county appraisal is based on use.”

After a bit more discussion to clarify the difference betweenuse and zoning, Massengill told the attendees of the meeting thatthe board would take their comments into advisement beforeapproving the map, and discuss whether their requests werejustified.

“The point of this meeting is to hear what you have to say,” hesaid.