MOULTRIE — Larry Franklin will have his bed-and-breakfast, but it won’t be the bed-and-breakfast he intended.

Moultrie City Council voted 4-1 Tuesday to approve the Jacksonville, Fla., developer’s application for a bed and breakfast at 1156 S. Main St. — the old Vereen house — but it denied his request for a special use provision that would allow him to host receptions, weddings, teas or other social events there as well.

Opposition to Franklin’s events center emerged after Franklin applied for the special use permit Aug. 5. Neighbors cited traffic issues, safety concerns and issues with alcohol at such events (while Franklin would not sell alcohol, guests could bring their own).

The Moultrie Planning Commission recommended approving the special use permit, but the city council has the final say. When the issue came before the council at its Sept. 20 meeting, many neighbors appeared to voice their opinions. The council voted to send the question back to the Planning Commission for reconsideration because of some concerns the commission had not made a legal vote.

On Tuesday, Councilman Cecil Barber moved that the council reconsider the issue because he had since learned the Planning Commission’s vote was in keeping with its bylaws.

Councilman Lewis Herndon then moved to approve the bed-and-breakfast permit without any special use provision. Councilman Sherrod McCall seconded the motion. Both Herndon and McCall were defeated in November elections and will leave the council at the end of the year. Councilman Barber lives on South Main near the facility.

After the second, attorneys representing the two sides were invited to speak.

Albany attorney Tommy Coleman, representing Franklin, said the council should approve the request because it was in keeping with city ordinances, and failure to do so would be unconstitutional under the U.S. and state constitutions.

Coleman said the bed-and-breakfast fit within current zoning and fit within the comprehensive plan for Moultrie and Colquitt County, which calls for the promotion of bed-and-breakfasts throughout the county to increase tax revenues from guests. Coleman said the city staff reviewed the application, and he said they determined the “proposed use should have no negative effect.”

“There will be very little traffic at this facility on a daily basis,” he said. Parking for events will be handled with a 29-space lot, he said.

Coleman said Franklin had hired a real estate appraiser to examine a similar property — the Barber Tucker House on Third Street Southwest — and he found it in no way diminished the value of its property or that surrounding it.

Coleman told the council it could place reasonable restrictions on the special use permit. He even gave some examples — events would end by 11 p.m.; no more than 50-70 vehicles; no more than 100 people; regulation of alcohol that guests bring; and the special use permit would expire if Franklin ever sold the property.

“We’ve tried very hard to follow the ordinance, …” Coleman said. “We feel like we have.”

Coleman also pointed out that commercial development has already encroached on South Main Street, where CVS Pharmacy has built a new, large store about a block from the proposed bed-and-breakfast.

Finally, he pointed out that the previous owner had tried for years to sell the house as a single-family residence with no success; denying Franklin the special use permit would deprive him of the property’s value without due process of law, Coleman said.

After Coleman, the neighbors’ attorney, John Sims Jr. of Tifton, argued that the special use permit is not a constitutional right; it is a privilege allowed at the discretion of the council. In fact, he argued, providing that the permit expires if Franklin sells would be unconstitutional to whomever buys it.

The focal point of his argument, though, was the residential character of the neighborhood. It is, he said, the last fully residential block on South Main Street.

“With the granting of this resolution we bust up that last fully residential block,” Sims said.

Sims pointed out that Franklin would be an absentee landowner with no ties to Moultrie except his commercial interests. He argued that the laws did not require this unique property with unique issues be treated identically to the Barber Tucker House. He also pointed out the “vagueness” of the city ordinance governing what the special use permit allows.

The ordinance is not vague on reasons for denying the request, though. Among them are safety concerns and the effect on surrounding properties. Sims said the proposed use of the property is detrimental to those concerns, especially as other landowners follow suit with their properties.

“When this starts, that neighborhood will be destroyed over time,” he said.

After the attorneys, no one else from the audience was invited to speak and no one attempted to. Councilman George Walker spoke in favor of allowing Franklin to host events, even if with restrictions. Herndon was asked to clarify what he had moved: That Franklin be allowed to operate a traditional bed-and-breakfast without any other social functions.

The council voted 4-1 in favor of Herndon’s motion. Walker was the lone vote of opposition. Councilwoman Betty Haggins was absent.

In other action, the council:

• Approved the first and second readings of an ordinance to amend the Fire Prevention and Protection Ordinance as it applies to the sale and use of fireworks.

• Approved the sale of excess electricity to the City of Oxford, Miss.

• Approved a memorandum of understanding with Southwest Georgia Regional Development Center to revise the city’s subdivision regulations.

• Approved a contract with the state Department of Transportation for a pedestrian crossover of Veterans Parkway at Magnolia Manor.

• Approved a contract with the state DOT for improvements at Moultrie Municipal Airport.

• Approved an updated Capital Improvements Program at Spence Field Airport.

• Awarded bids for a trailer tarping system, two transformers, seven computers, firefighters protective clothing, two sets of front doors for city hall, and computer equipment for the police department.

• Reappointed Barbara Jelks and Jim Ward to the Moultrie-Colquitt County Development Authority.

• Designated Dec. 23 as an extra holiday for city employees.

• Terminated the contract with McCall and Associates architects for renovation of city hall. The renovation plans were scrapped when the sales tax revenues turned out less than expected; money planned for the renovation was transferred to other projects, primarily the new police department headquarters.

• Approved the purchase of two Segway Cross Terrain Transporter XTs with accessories for about $9,500. The two electric transportation machines replace two pickup trucks for the electrical department at significant savings, City Manager Bob Hopkins said.

• Approved a bid for spot repair of curbs and sidewalks through 2006. The bid was phrased in per-unit cost, and the contract would remain in effect until a $15,000 cap was reached.