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.
Mayor Whitener offers response to zoning ordinance veto
City Council, News July 9, 2021
BLUE RIDGE, Ga – Blue Ridge Mayor Donna Whitener releases a response concerning her recommendation to veto of ordinance amendment BR2021-06. The ordinance would lower building height requirements in the central business district to 35 feet.
Whitener’s letter stated that the zoning ordinance has been amended 10 times in 23 years. She added that during her eleven-plus years on the council that two different zoning administrators recommended lowering the building height in the central business district to 45 feet. It’s currently set at 60 feet. Whitener claimed that three different councils unanimously agreed each time to leave the ordinance height alone.
She commented that she’s not in favor of 60 feet or the proposed 35 feet, citing many buildings in Blue Ridge are over 35 feet.
Whitener recommended the council and planning commission attend in-depth zoning and planning training by reaching out to the Regional Commission, Carl Vinson Institute, or other organizations.
Some of those on Blue Ridge City Council have expressed their opinion concerning Whitener’s letter over social media.
Rhonda Thompson said, “you’re absolutely right Margaret. This is shameful. Furthermore, the council has never voted on height restrictions in the central business district. That is a grotesquely inaccurate statement.” She added that the ordinance changed 11 times since 1978 and they never voted to change height requirements.
Nathan Fitts commented, “Laughable!! Just an excuse but not a good one. The information the quotes isn’t even accurate.” He also explained that the council’s looking for a third vote to override the mayor’s veto.
The veto will be addressed during the July 13 city council meeting at 5 p.m. in City Hall.
Read the mayor’s response below:
