Whitener breaks tie, city council approves condominium complex
City Council, Downtown Blue Ridge December 22, 2021
FANNIN, Ga. — After delaying their vote for a month, the Blue Ridge City Council approved a controversial condominium proposal. In a two to two vote, Mayor Whitener voted in favor of allowing the project to continue.
Last month, the council heard a proposal for a condominium complex that would exceed the Central Business District height limit of 35 feet. With concerns of potential lawsuits for denying the project, the council agreed to table the vote until they could seek legal opinion on the issue.
Council member Rhonda Haight spoke first on the issue, reading a legal opinion she had received from Smith Conerly, “He said he’s been asked to render a legal opinion as to whether 35 height limit in CBD zoning districts, adopted by the mayor and city council on July the 13th, 2021, applies to the proposed development of a certain property located at 200 West First Street, Blue Ridge, Georgia, the subject property. For the reasons set forth herein, it is my legal opinion that the subject property in the proposed development thereof is subject to the 35 foot … height limit.”
Panter responded, “I’ve got an opinion also.” Panter’s legal opinion came from City Attorney James Balli. He read, “It is in my opinion the rights to construct the building at the height shown on the approved elevation has likely vested. When a permit is not yet issued, the Supreme Court of Georgia has stated, adopt the rule recognizing Illinois. When a landlord makes a substantial change in position, by expenditures and reliance upon the probability of the issuance of a building permit based upon an existing zoning ordinance and the assurance of zoning officials, he acquires vested rights and is entitled to have the permit issued, despite a change in zoning ordinance which would otherwise preclude the issuance of the permit.”
These two legal opinions were the basis of the council’s decision. Haight wasted no time moving the council to vote, “I make the motion that the Robbman Scott Kiker … property located at 200 West First Street be denied a building permit for a 60 foot building.” Council member Nathan Fitts seconded the motion. Eventually, members Mike Panter and Robbie Cornelius voted against Haight’s motion and in favor of the condominium proposal. With member Harold Herndon absent, Mayor Whitener was left to break the council’s tied vote. “I’m going to have to say we should pass it,” Whitener said, allowing the developers to continue the development as planned.
The group posted signs around the city, and held them during the meeting to protest the approval of the condos.
During the meeting, many local residents came to voice their opposition to the proposed development. The group spoke out against what they saw as continuing overdevelopment, regardless of what was in the city’s ordinances. They also criticized Mayor Whitener, and many walked out after she cast the deciding vote.
Other Business
At the meeting, the council also approved a cost of living raise of four percent for all city employees.
City Council considers approval of 55 foot condominium complex
City Council November 17, 2021
FANNIN, Ga. — During the Nov. 16, 2021 Blue Ridge City Council meeting, representatives of WAMM Development, LLC sought approval of their planned condominium complex to be located at 200 West First Street.
WAMM Development attorney speaks to Blue Ridge City Council.
The biggest issue of the night was whether or not WAMM Development will be allowed to continue with their project. The proposed condo would have a height of 55 feet, 20 feet over the allowed maximum for new buildings in the Central Business District (CBD). The council brought up the height restriction, but representatives for WAMM Development say because the rezoning was approved before the height moratorium, they closed on their property after the moratorium had expired, the city attorney suggested they would be grandfathered in, and they spent significant money on the project, that a claim of detrimental reliance is applicable. On the other hand, the Blue Ridge City Council says the condominium project still falls under the height restriction because the developers should have been aware of the moratorium, the amended ordinance, and known that the city attorney does not have final say for the council.
Claims of miscommunication, convolution of the timeline, and haphazard debates quickly filled the meeting. After over an hour of heated conversation, the council voted to table the approval of plans until their December meeting. The council cited their desire to look over the timeline of events and seek further legal counsel.
The condominiums would be behind Burger King and United Community Bank.
The plans for the condominiums were provided to the council.
Many citizens of Blue Ridge have voiced their support for restrictions on development. For many, especially those in attendance at the meeting, the proposed condominium complex is another example of overdevelopment in the city. Discussion on the issue is bound to make its way through the community, and the Nov. 16 meeting provided little clarity. Using public records and official meeting minutes, FYN has compiled a timeline of important dates surrounding the issue, which will be an important component of the council’s decision on the condominium approval. Ultimately, the decision will be based on legality. Council members Mike Panter and Robbie Cornelius both raised concerns over potential lawsuits if the city denies the approval. The Blue Ridge City Council and WAMM Development representatives will meet again on Dec. 21, 2021 at 5 p.m.
Timeline:
March 3, 2020: Robbman Scott Kiker attends a Blue Ridge Planning Commission meeting where he requests a rezoning for property located at 200 West First St. The planning commission approves the request, with conditions. John Soave makes the motion to apply these conditions: The applicant would have to pay for all water, sewer, road and sidewalk upgrades. The applicant would also have to bring upgrade and permit applications before the City Council for approval. The motion carries, and Chairman Rick Skelton announces a second hearing to take place at the March 10, 2020 City Council meeting.
March 10, 2020: Robbman Scott Kiker attends a city council meeting seeking approval of his rezoning. The council approves the rezoning, as recommended by the planning commission, with a 3-0 vote.
Oct. 20, 2020: The Blue Ridge City Council votes 5-0 to enact a moratorium on CBD buildings over 45 feet tall. The moratorium is set for 120 days, expiring on Feb. 17, 2021.
Feb. 2, 2021: The Blue Ridge Planning Commission is set to discuss zoning changes. Prior to the meeting, the planned change to the ordinance is to reduce maximum CBD building heights from 60 feet to 45 feet. Mark Engledow makes a motion to amend changes, setting a new permanent CBD maximum height of 35 feet. The commission unanimously approves.
Feb. 9, 2021: Project Manager Jeff Stewart speaks at a city council meeting. He recommends that the council approve the changes to Ordinance BR2021-06. The council votes 5-0 to have the city attorney amend the ordinance, and plan for a first and second reading.
March 3, 2021: WAMM Development, LLC acquires the 200 West First St. property.
March 9, 2021: The first reading of the proposed amendments to Ordinance BR2021-06 takes place. Deciding they need more community input, council sets two town halls for March 30, 2021 and April 13, 2021.
March 30, 2021: Town hall meeting takes place.
April 13, 2021: Town hall meeting takes place. A city council meeting follows, where the second reading of the amended Ordinance BR2021-06 is scheduled to take place. The council tables the reading to continue working out details.
June 15, 2021: During a special called meeting, the city council hosts the second reading of amended Ordinance BR2021-06.
June 18, 2021: A letter from the City Clerk notes that Mayor Whitener was presented with amended Ordinance BR2021-06. On June 22, 2021, Mayor Whitener returns the ordinance with intent to veto.
July 6, 2021: A letter from Mayor Whitener recommends the council allow the veto. In this letter she also explains her reason for the veto.
July 13, 2021: The Blue Ridge City Council unanimously overrides Mayor Whitener’s veto.
Other Business
The city council tackled several issues at their meeting, including $3,000 bonuses for full time city employees.