the City of Newnan

Newnan City Council Meeting
February 25, 2014 - 6:30 P.M.
AGENDA
CALL TO ORDER – Mayor Keith Brady
INVOCATION
READING OF MINUTES
I
Minutes from Regular Meeting on February 11, 2014 .............................................................. Tab A
REPORTS OF BOARDS AND COMMISSION
I
Parks Commission – Annual Report ........................................................................................ Tab B
II
1 Appointment to the Parks and Recreation Commission – 3 Year Term
III 1 Appointment to the Tree Commission – 3 Year Term
REPORTS ON OPERATIONS BY CITY MANAGER
REPORTS AND COMMUNICATIONS FROM MAYOR
NEW BUSINESS
I
First Amendment to an Intergovernmental Agreement between Coweta County,
Georgia and the City of Newnan, Georgia, Relating to the Construction of a
Intersection Improvement Known as the Reconstruction of the Five Points
Intersection of Poplar Road, Turkey Creek Road, East Newnan Road and Martin
Luther King Jr., Drive ................................................................................................................ Tab C
NEWNAN CITY COUNCIL MEETING AGENDA
February 25, 2014 @ 6:30 P.M.
Page 2
UNFINISHED BUSINESS
II
Public Hearing – Rezoning Request RZ2014-01 from Turnstone Holding LLC to
rezone 51.69 acres located off Newnan Crossing Blvd East from OI-2 (Office and
Institutional-High Density District) to RMH (Residential Multiple Family DwellingHigher Density District and CGN (General Commercial) to develop 238 unit
apartment complex and commercial/office uses ...................................................................... Tab D
III Public Hearing – Rezoning Request RZ2014-02 from Newnan Bypass
Associates, Inc. to rezone portion of 4.8+ acre parcel located at 77 Millard
Farmer Industrial Blvd: 0.7+ acre from IHV(Heavy Industrial) to CGN (General
Commercial) to permit more commercial uses in existing structures facing street
and 4.1+ acres to remain zoned as IHV ................................................................................... Tab E
IV Public Hearing – Request on behalf of Verizon Wireless to demolish existing 70
foot tall cell phone tower to erect a new 131 foot telecommunication tower facility
at 932 Lower Fayetteville Road ................................................................................................ Tab F
V
4 Welch Street – Reschedule Public Hearing for 3/25/2014 ....................................................Tab G
VI 78 Temple Avenue – Reschedule Public Hearing for 3/25/2014 ............................................. Tab H
VII 80 Temple Avenue – Reschedule Public Hearing for 3/25/2014 .............................................. Tab I
VISITORS, PETITIONS, COMMUNICATIONS & COMPLAINTS
I
7 Landers Street – Request regarding structure ....................................................................... Tab J
II
Request from Newnan-Coweta Art Association to use the downtown square
th
sidewalks on Saturday April 12, 2014 (with a rain date for April 26 ) for their
Annual Spring Arts and Crafts Show and allow them to set up the previous Friday
evening after 5:00 PM .............................................................................................................. Tab K
III Request from Clarence Bohannon to block Wesley Street from the Wesley Street
Gym to Richard Allen Drive on Saturday July 26, 2014 from Noon until 6:00 pm
for Rocky Hill Community Day .................................................................................................. Tab L
EXECUTIVE SESSION – LEGAL, PERSONNEL AND REAL ESTATE
ADJOURNMENT
City of Newnan
Parks Commission
2014 Annual Report of the Accomplishments, Plans, Goals
& Recommendations of the City of Newnan Parks Commission
Purpose of Report
The City of Newnan Code of Ordinances, Article II, Section 15-28, asks the Parks Commission to study, develop,
and establish goals for the establishment, development, care, preservation, maintenance, and placement of
improvements and structures in all the City’s public parks and to present such plans, as a recommendation, to the
Mayor and Council on or before November 1st in each calendar year or as often as may be necessary to insure orderly
development and operation of the City’s public parks.
Accomplishments
In accordance with the goals set forth in the 2013 Parks Commission meetings, the Commission has continued to
work diligently on several City recreational projects. In addition to their monthly meetings, the Parks Commission
worked closely with the Beautification Department observing and taking note of the overall condition of parks within
the City of Newnan. Over the past three years, the Parks Commission has been instrumental in ensuring that one
recreational construction project and two recreational planning projects were completed. The Commission proudly
watched as substantial park improvements were made to Lynch Park that successfully tied the entire park together.
They also worked closely in reviewing bids, selecting the design consultant, and approving the conceptual designs
for the recreational master plans for both the renovation of Ray Park and the Fitness Trails at the Newnan Conference
Centre.
Development of Plans and Goals
During the last monthly meeting of the Parks Commission, members devoted all of their time to identifying and
refining their focus for the forthcoming year. A brainstorming session was held which allowed all members to
express their ideas and desires. It was unanimously agreed upon to present the following recommendations to City
Council for consideration.
Recommendations
The Parks Commission is honored to present to Council its organizational goals/plans and recommendations for the
forthcoming year.
1) Update City Council of the budgetary status for construction and improvement of parks within the City:
The Parks Commission would like to provide the latest update to City Council concerning the status of the
budgetary assessment for parks and recreation. At this time, there is approximately…
 $100,000 set aside in SPLOST 07 for replacement of playground equipment.
 $500,000 set aside in SPLOST 13 for the construction of new recreational facilities.
 $600,000 set aside in SPLOST 07 for the construction of a new City park, which will mostly be
spent on the renovation of Ray Park.
 $1,000,000 set aside in Impact Fees for the construction of a new park on the east side of the City,
which will probably be the fitness trails at the Conference Centre and the adjacent park land property
to the west.
2)
Individual Member Visual Survey:
Working closely with the Beautification Department, the Parks Commission members will continue to
observe and take notes of the overall condition and appearance of the parks, both developed and
undeveloped, in the city. This information will be forwarded to the Beautification Department to be acted
upon at their discretion.
3)
Provide a Feasibility Study to City Council on Possible Park Restroom Facilities:
The Parks Commission would like to provide a feasibility study on possible restroom facilities being placed
in some of the City parks. The study would inventory all City parks and determine which parks need
restrooms and the feasibility of providing restroom facilities at select parks. Based on a preliminary
assessment, he most likely candidates for possible restroom facilities, in no particular order, would be
Greenville Street Park, First Avenue Park, and Lynch Park.
4)
Provide a Feasibility Study to City Council on Possible Dog Park:
The Parks Commission would like to provide a feasibility study on the possible construction of a dog park.
The study will be looking into a couple of potential locations, as well as a variety of design, construction, and
maintenance considerations for a potential dog park. Some general guideline information has already been
gathered to consider and evaluate. The Parks Commission will be visiting a number of existing dog parks
within the metro Atlanta area shortly to gather pertinent information as part of their overall feasibility study.
5)
Proceed with the Construction of Ray Park:
The Parks Commission would like to proceed with the construction on the renovation of Ray Park. The
construction documents are complete, the plans have been approved, City Council has approved the bid, and
the contract has been awarded. Construction on the recreational project should begin immediately. The
approximate cost to build the project is $500,000. Construction of the park should be fully complete the end
of late spring 2014.
6)
Place the Conference Centre Fitness Trails Project on hold:
The Parks Commission would like to temporarily place the Conference Centre Fitness Trails Project on hold
until the preliminary design, cost estimate, and value engineering efforts are finalized on the proposed Lower
Fayetteville Road Roundabout Project. The possible design and construction of the proposed roundabout will
certainly affect the overall layout of the Conference Centre fitness trails and any further design efforts at this
point could possibly be significantly changed.
STATE OF GEORGIA
COUNTY OF COWETA
FIRST AMENDMENT TO AN
INTERGOVERNMENTAL AGREEMENT BETWEEN COWETA COUNTY,
GEORGIA AND THE CITY OF NEWNAN, GEORGIA, RELATING TO
THE CONSTRUCTION OF AN INTERSECTION IMPROVEMENT
KNOWN AS THE RECONSTRUCTION OF
THE FIVE POINTS INTERSECTION OF POPLAR ROAD,
TURKEY CREEK ROAD, EAST NEWNAN ROAD AND
MARTIN LUTHUR KING, JR. DRIVE
WHEREAS, Coweta County, Georgia, (hereinafter “County”) and the City of
Newnan, Georgia (hereinafter “City”) entered into an Intergovernmental Agreement
(hereinafter “Agreement”) on July 9, 2013 and attached hereto as Exhibit “A” to jointly
fund and construct an intersection improvement project known as the Five Points
Intersection of Poplar Road, Turkey Creek Road, East Newnan Road and Martin Luther
King, Jr. Drive project (hereinafter “Project”) and
WHEREAS, the City and County (hereinafter “Parties”) have determined that it
is in the best interests of the Parties for one party to acquire the majority of rights-of-way
necessary to construct the project as indicated on the plans (hereinafter “Project Plans”)
and attached hereto as Exhibit “B”; and
WHEREAS, in consideration of the mutual benefits and consideration accruing
to each of the Parties hereto and for the use of and benefit of the citizens of the entire
County, which benefits are hereby expressly acknowledged, the County and the City, as
authorized by Art. IX, Sec. III, Para. I, of the Constitution of the State of Georgia, amend
their Agreement to change the duties and obligations of the parties as they relate to rightof-way acquisition; and
NOW, THEREFORE, the Parties hereto mutually agree as follows:
1.
Section 2. Obligations of the Parties contained in Agreement is hereby amended
to read as follows:
(a) The County shall:
a. Contract with an engineering firm to engineer the Project;
b. Pay one half of the Engineering costs for the entire Project;
c. Acquire all rights-of-way, easements and rights-of-entry shown as
Parcel 9 on the Project Plans;
1
d. Pay all costs for and related to the acquisition of all rights-of-way,
easements and rights-of-entry located within unincorporated Coweta
County, Georgia; and
e. Oversee and manage the project.
(b) The City shall:
a. Pay one half of the Engineering costs for the entire Project; and
b. Acquire all rights-of-way, easements and rights-of-entry for all parcels
necessary for the construction of the Project but for Parcel 9 as shown
on the Project Plans.
c. Pay all costs for and related to the acquisition of all rights-of-way,
easements and rights-of-entry located within the incorporated City of
Newnan.
2.
All other provisions of the Agreement remain in full force and effect.
SO AGREED this ____ day of _________________, 2014.
COWETA COUNTY, GEORGIA
By:________________________
Chairman
ATTEST: ___________________________
Clerk
[SEAL]
CITY OF NEWNAN, GEORGIA
Acting by and through the Mayor
And Council
By:_______________________________
Mayor
ATTEST:_________________________
Clerk
[SEAL]
h:\COWETACO\DOCUMENTS\NewnanIGA.5 Points Intersection ImprovementFirstamendment
2
City of Newnan, Georgia – Mayor and City Council
Date: February 25, 2014
Agenda Item:
Rezoning Request – RZ2014-01 Turnstone Holding, LLC
51.69± acres located off Newnan Crossing Boulevard
East (Tax Parcel #s 086 5044 005 and 086 5021 005)
Prepared and Presented by: Tracy Dunnavant, Planning Director
Purpose:
Turnstone Holding, LLC is seeking to rezone 51.69 acres located off Newnan Crossing
Boulevard East (Tax Parcel #s 086 5044 005 and 086 5021 005). The request is to rezone the
property from OI-2 (Office and Institutional - High Density District) to RMH (Residential Multiple
Family Dwelling – Higher Density District) and CGN (General Commercial) for the purpose of
developing a 258 unit apartment complex and for future commercial/office uses.
Background:
Present Zoning District
Proposed Zoning District
Current Land Use
Parcel Size
OI-2; CCS
RMH; CGN
Vacant
51.69 acres
Turnstone Holding LLC, is attempting to master plan those tracts of land adjacent to I-85 and
Newnan Crossing Boulevard East from Diplomat Parkway running south to Lower Fayetteville
Road. Originally, the apartment portion of this application was submitted separately by Davis
Development but Turnstone felt emphasizing how the apartments would be part of a walkable
village development would help the City better understand their long term vision for these tracts.
Therefore, the apartments have been included as part of an overall 51.69 acre rezoning
request.
Surrounding Zoning Classifications (See Attached Zoning Map)
Parcel # 086 5044 005 (22.46± acres):
North
East
South
West
CGN
OI-1 and RU-7
OI-2
I-85
Parcel # 086 5021 005 (Tract 1 – 25.16± acres):
North
East
South
West
Turnstone Holding, LLC
Rezoning Request
2014
OI-2
CCS
CCS
I-85 R/W; CGN
-1-
Parcel # 086 5021 005 (Tract 2 - 4.07± acres):
North
East
South
West
OI-2
CCS
PDC
I-85 R/W; CGN
Surrounding Land Use Pattern
Parcel #086 5044 005:
North
East
South
West
Vacant Land
Vacant Land;
Stonebridge
Vacant Land
Interstate 85
Parcel #086 5021 005 (Tract 1):
North
East
South
West
Vacant Land
Vacant Land; Commercial
Development
Vacant Land
Interstate 85
Parcel #086 5021 005 (Tract 2):
North
East
South
West
Vacant Land
Commercial Development
Commercial Development
Interstate 85
Summary:
Staff analyzed the following criteria prior to formulating a recommendation:
Is the proposed use suitable in view of the zoning and development of adjacent and
nearby property?
Parcel #086 5044 005:
The adjoining properties are vacant and are zoned primarily for future office/retail type uses.
The property is also bordered to the east and west by road right-of-way. Across I-85 is the
Cancer Treatment Center and across Newnan Crossing Boulevard East is additional office
land as well as Stonebridge Subdivision.
If apartments were approved for this site, they would be located between commercial and
office uses. Although the location is not ideal due to the types of uses allowed in CGN, the
Turnstone Holding, LLC
Rezoning Request
2014
-2-
existing creeks along the northern and southern property lines should ensure that adequate
buffering would be provided. In addition, the site has access to a four lane road which
would be able to handle the traffic generated by the development.
Parcel #086 5021 005 (Tracts 1 and 2):
The adjoining properties for these tracts are vacant and are also zoned for future office/retail
type uses. Across Newnan Crossing Boulevard East is a retail development (Kroger Center)
and across Lower Fayetteville Road is a CVS. Therefore, office and commercial uses would
be a suitable use.
Will the proposed use adversely affect the existing use or usability of adjacent or nearby
property?
Parcel #086 5044 005:
Since the proposed use is residential, it will impact the buffers required by the adjoining
properties. Instead of a 15 foot densely planted buffer, the developers on both adjacent
parcels will be required to install a twenty-five foot densely planted buffer. These buffers are
in addition to any water quality buffers that may be mandated.
Parcel #086 5021 005 (Tracts 1 and 2):
Since the proposed uses are office/commercial, there will be no additional impact to
adjacent and nearby properties.
Are their substantial reasons why the property cannot or should not be used as currently
zoned?
No. The properties could be used as currently zoned. Given the proximity of the property to
multiple health care facilities, uses allowed in the OI-2 and CCS zoning districts would be
appropriate.
Will the proposed use cause an excessive or burdensome use of public facilities or
services, including but not limited to streets, schools, water or sewer utilities, and police
or fire protection?
Because of the size of the project, a Community Impact Study was required for the
apartment section prior to bringing the issue for consideration. The impact of the project on
the school system, roads/streets, police, fire, water/sewer, and taxes was assessed. The
findings are as follows:
Coweta County School System: Ronnie Cheek, Director of Facilities, expressed concern
over residents in apartment complexes being more transient than single-family
developments, which presents challenges when planning for enrollment and meeting
students’ needs. He also mentioned that many of the schools serving the area are near
capacity and asked that the developer provide advanced notice of the construction schedule
for planning purposes.
Transportation: The Developer has provided a report from URS assessing trip generation
rates based on the proposed and existing zonings. They based their findings on 525 senior
Turnstone Holding, LLC
Rezoning Request
2014
-3-
adult housing units (a combination of assisted living, dependent living and independent
living), which were proposed in the approved 2008 DRI vs. 256 apartment units. The
findings show an increase in 26 trips during the AM peak hour, an increase of 28 trips during
the PM peak hour and a decrease of 104 daily trips overall.
In addition, the Engineering Department will approve all entrances to the development. A
second entrance to the apartments will be required; however, it can be for emergency
purposes only with limited access
Police: Chief Buster Meadows indicated that the proposed apartment complex would result
in an increase in service calls and therefore, additional cost to the police department.
Fire: Tim Cox, Fire Marshal, has indicated that the department will be able to service this
development. He does not mention any negative impacts resulting from its construction.
Newnan Utilities: Scott Tolar, Engineer, has indicated that there is ample capacity in terms
of water and sewer to service the property. Any line extension will be the responsibility of
the developer.
Taxes: The developer is anticipating that the proposed development will generate roughly
$31,183.56 annually in tax revenue.
Copies of the correspondence from each entity have been included in this report for your
review.
Since the other properties are already zoned OI-2 and CCS, there would be no additional
impact to city services for the proposed commercial tracts.
Is the proposed use compatible with the purpose and intent of the comprehensive plan?
The Future Land Use Map that was adopted in 2006 shows the subject property where the
apartments would be located as future office and professional use. This would not be
consistent with the proposed use for the property.
The Future Land Use Map shows the other tracts to be rezoned as future commercial, which
would be consistent with the requested zoning designation.
Will the use be consistent with the purpose and intent of the proposed zoning district?
The proposed uses for the properties would be consistent with the purpose and intent of the
zoning district that is being proposed. Apartments are an allowable use in the RMH
designation and commercial/office uses are allowable in CGN.
Is the proposed use supported by new or changing conditions not anticipated by the
comprehensive plan?
No. The comprehensive plan shows the apartment property as being future professional and
office use, which is consistent with the current zoning.
It should be mentioned that Council has already approved 500 apartment units (250 which
are currently being built) behind Ashley Park in 2007 and an additional 104 units below
Turnstone Holding, LLC
Rezoning Request
2014
-4-
Stillwood Apartments in 2009. Also, the Cancer Treatment Center is expanding their facility
and both Health South and the Newnan Professional Center have been added which have
brought additional jobs to the area.
Does the proposed use reflect a reasonable balance between the promotion of the public
health, safety, morality, or general welfare and the right to unrestricted use of property?
Yes.
Proffered Conditions:
The applicant has indicated that they will adhere to all QDC requirements for the commercial
properties. They have also agreed to stipulate that they will not seek any future multi-family
zoning for the tracts that are included within the master plan area.
Options:
A. Approve the rezoning request as submitted
B. Approve the rezoning request with conditions
C. Deny the rezoning request
Planning Commission Recommendation:
The Planning Commission met on January 14, 2014 and recommended Option B: approve the
request with the following conditions:
1) The applicant’s proffered condition that no future multi-family rezonings will be
requested for any other tracts included within the master plan area.
2) The apartments will be constructed with the elevations and features/amenities
specified in the rezoning application.
Staff Comments:
Staff has no concerns in terms of the portion of the rezoning request going from OI-2 and CCS
to CGN. That area will be well suited for commercial uses and it is consistent with the future
land use plan specified in the comprehensive plan.
As to the apartment portion of the rezoning, Staff still feels that although the apartment
occupancy rates for the complexes in the area (Stillwood Apartments, the Villas at Newnan
Crossing, and Newnan Crossing Apartments) are over 90 percent, there is already enough
approved apartment units through previous rezonings in the vicinity to address the current need.
However, since the applicant is trying to master plan the area, Staff needs to look at the entire
125 acres with the apartments being the residential component of the proposed future
development. Staff has always viewed the subject tract as an acceptable location for
apartments given its natural stream buffers, closeness to commercial/business centers,
proximity to I-85 and access off a four lane boulevard. Staff realizes that although the current
apartment demand should be met by the additional units already approved by Council, at some
point in the future, there will be a need for additional apartments as existing businesses
Turnstone Holding, LLC
Rezoning Request
2014
-5-
continue to expand and new businesses locate near the I-85 corridor. With the applicant
agreeing to waive all rights to seek future multi-family rezonings for the remaining tracts within
the master plan, Staff feels the request could help accommodate those future apartment needs
while allowing the City to better plan where they would prefer new apartments to be located.
However, if this rezoning is recommended, Staff would strongly suggest that the Commission
condition approval based on the following:
3) The applicant’s proffered condition that no future multi-family rezonings will be
requested for any other tracts included within the master plan area.
4) The apartments will be constructed with the elevations and features/amenities
specified in the rezoning application.
Attachments:
Application for Rezoning
Community Impact Study
Location Map
Previous Discussions with Council: January 14, 2014
Turnstone Holding, LLC
Rezoning Request
2014
-6-
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1:10,000
1 inch = 833 feet
CITY OF NEWNAN
PLANNING DEPT. (AJB)
25 LAGRANGE STREET
NEWNAN, GEORGIA 30263
www.cityofnewnan.org
PD
LEGEND
ZONING
CITY OF NEWNAN
Requested Zoning
HOOD PARK DR
HARRISON PARK DR
BINGHAM PL BINGHAM PL
PD
BINGHAM PL
Quality Development Corridor Overlay
CBD
CUN
OI-1
RS-15
CCS
IHV
OI-2
RU-2
CGN
ILT
PD
RU-7
INTERSTATE
CHV
MXD-1
RMH
RU-I
REZONE REQUEST
CSN
OCR
RML
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PD
ULSH PK
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CCS
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PD
PD
PD
PD
HUNTERIAN PL
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PD
PD
BEL LTREE CIR
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CGN
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PD
PD
DR
CCS
CCS
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CCS
CGN
HARRISON DR
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SB
LVD
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PD
PD
MACALESTER
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PD
086 5021 005
4.07± Acres
OI-1
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CCS
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NE
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086 5021 005
25.16± Acres
SUMM ER
LIN BLVD
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CCS
CCS
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HIGHWOODS
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MACALESTER PARK DR
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UNNAM
I-85 Building Height Overlay
PARCELS
CITY LIMITS
City of Newnan, Georgia – Mayor and Council
Date: February 25, 2014
Agenda Item: Partial lot rezoning request - RZ2014-02, Newnan Bypass
Associates, Inc. 4.8± acres located at 77 Millard Farmer Industrial
Blvd (Tax Parcel # N57A 082)
Prepared and Presented by: Tony Bernard, Planner
Purpose:
Newnan Bypass Associates, Inc is seeking to rezone .7 acres of the 4.8 acre tract on Millard Farmer
Industrial Blvd from IHV (Heavy Industrial) to CGN (General Commercial). The property is located at
77 Millard Farmer Industrial Blvd and is more accurately described as tax parcel #N57A 082.
Background:
James Mottola, on behalf of Newnan Bypass Associates, Inc. has submitted an application to rezoning
part of the 4.8± acre property located at 77 Millard Farmer Industrial Blvd (SR 34 Bypass). The
applicant seeks to rezone the front portion (0.7 acres) of the property from IHV (Heavy Industrial) to
CGN (General Commercial) to permit more commercial uses in the existing four tenant building facing
the street. The remaining 4.1 acres will remain zoned IHV (Heavy Industrial) which includes two
existing industrial buildings and a vacant lot.
Current Zoning
Tax Parcel # Acres Zoning
N57A 082
4.8±
IHV
Requested Zoning
Tax Parcel # Acres
Zoning
N57A 082
4.1±
IHV
N57A 082
0.7±
CGN
Surrounding Zoning Districts
Direction
Zoning
North
IHV & PD-O (Planned Development Office)
East
IHV & CGN
South
Millard Farmer Ind. Blvd & CGN
West
IHV
•
See attached zoning location maps
On January 14, 2013, a Public Hearing was held by the City of Newnan’s Planning Commission regarding
this issue. At the conclusion of the hearing, the Planning Commission voted to approve the petitioners’
request to rezone the front part of his property from IHV to CGN and to forward this matter to City
Council with its recommendation for approval.
Surrounding Land Use Classifications:
The tract is a mixture of commercial and industrial uses. Properties abutting the subject tract from
the east and west are industrial material wholesalers. The planned development property to the
north remains undeveloped at this time. All of the tracts across the street from the property are
commercial.
Newnan Bypass Associates, Inc
RZ2014-02
Rezoning Request
1
Summary:
Staff has analyzed the following criteria prior to formulating a recommendation:
Is the proposed use suitable in view of the zoning and development of adjacent and nearby property?
The applicant is not asking for the entire lot to be rezoned. The applicant is requesting to split
the zoning on the lot, so that the existing building that faces the bypass will be permitted to have
retail tenants. This use is consistent with nearby properties.
The rear of the lot, which includes two industrial buildings and an empty lot, would remain IHV.
If approved through the rezoning process, the split use would be suitable in terms of the zoning
and development of adjacent and nearby property.
Will the proposed use adversely affect the existing use or usability of adjacent or nearby property?
No. The site is a zoned IHV and the applicant is only seeking to rezone the front part (0.7 acres) of
it to CGN. This zoning is consistent to other properties fronting on Millard Farmer Industrial Blvd.
Are their substantial reasons why the property cannot or should not be used as currently zoned?
The IHV zoning limits retail businesses. There applicant has seen a decrease in industrial interest
in the building after the widening of the Bypass and seeks to attract more commercial users. That
being said, the property can be utilized as currently zoned with the conditions noted in the
zoning ordinance.
Will the proposed use cause an excessive or burdensome use of public facilities, including but not
limited to streets, schools, water or sewer utilities, and police or fire protection?
Staff does not believe that this proposed split zoning would create an onerous demand on public
facilities.
Is the proposed use compatible with the purpose and intent of the comprehensive plan?
The Future Land Use Map shows this lot as commercial and part of the SR34 Bypass corridor. This
rezoning would be compatible with the comprehensive plan.
Will the use be consistent with the purpose and intent of the proposed zoning district?
The existing tenants of the building affected by the proposed rezoning are U Dirty Dog and
Alliance Insurance Associates. One business is a dog washing, training, and boarding facility, the
other is an insurance agent office. Both uses would be allowed in CGN. These uses are consistent
with the purpose and intent of the zoning district.
Is the proposed use supported by new or changing conditions not anticipated by the comprehensive
plan?
The applicant is splitting the zoning of the site that creates a more consistent use through the
SR34 Bypass corridor which is reflected in the Future Land Use Map as part of the comprehensive
plan.
Newnan Bypass Associates, Inc
RZ2014-02
Rezoning Request
2
Does the proposed use reflect a reasonable balance between the promotion of the public health,
safety, morality, or general welfare and the right to unrestricted use of property?
There are only a limited number of uses allowed on this property at this time. The proposed
change adds a number of additional retail uses. None of which negatively impacts the public
health, safety, etc. Staff believes that the proposed split zoning allows for a more reasonable
balanced use of the property.
Proffered Conditions:
The applicant did not indicate any proffered conditions in his application.
Options:
A. Approve the rezoning request as submitted.
B. Approve the rezoning request with conditions.
C. Deny the rezoning request.
Funding:
N/A
Recommendation:
Option A
Attachments:
Rezoning Application
Plat\Site Plan
Previous Discussions with Council: January 14, 2014
Newnan Bypass Associates, Inc
RZ2014-02
Rezoning Request
3
Zoning Location Map:
Newnan Bypass Associates, Inc
RZ2014-02
Rezoning Request
4
City of Newnan, Georgia – Mayor and Council
Date:
February 25, 2014
Agenda Item:
Telecommunication Tower Request – 932 Lower
Fayetteville Road
Prepared and
Presented by:
Dean Smith, Planner
Submitted by: Tracy Dunnavant, Planning & Zoning Director
Purpose:
To conduct a public hearing on the request submitted by Jennifer A.
Blackburn, as attorney for Verizon Wireless to demolish an existing 70
foot tall cell phone tower and to request a new special exception use
permit to erect a new 131 foot telecommunication tower facility; a
variance on height restriction; a variance to reduce require setbacks; and
a variance on the distance between the proposed new tower and the
existing tower located across the street at 931 Lower Fayetteville Road.
Background:
Zoning District: CGN – General Commercial District / QDC – Quality
Development Corridor Overlay District / LFR – Lower Fayetteville Road
Commercial Landscape Corridor Overlay District.
Current Land Use: Telecommunications Tower Facility
Proposed Land Use: Telecommunications Tower Facility
Parcel Size: 1 acre
On February 27, 2007, Newnan City Council approved an application
from Verizon Wireless to construct a 70 foot monopole tower at 932
Lower Fayetteville Road. The applicant has now come back before the
city stating that the tower’s current height is insufficient to provide
service to its customers. The applicant desires to demolish the existing
70 foot monopole and replace it with a new 131 foot tall monopole.
Issue #1: It has been the City’s position that if the existing 70 foot
monopole is demolished, that renders the special exception use approval
given in 2007 null and void since the applicant is not planning on
replacing the existing monopole with a another monopole of the same
size and height.
Issue #2: Concurrently, variances as enumerated previously will also be
required.
On January 5, 2014, a Public Hearing was held on the applicant’s
requests by the Board of Zoning Appeals. After the presentation of
testimony and evidence during the Public Hearing, the Board of
Zoning Appeals reached a decision to deny the applicant’s requests based
on upon insufficient information presented to the City that the requests
by the applicant complied with the special exception issuance standards
found in Section 37.080 (1) and furthermore, the application appeared to
be in conflict with the purposes found in Section 37.010, sub-sections 1
and 3 of the City’s Zoning Ordinance. At that hearing, the City felt that
it had not been provided with sufficient information by the applicant as
to why the applicant could not provide adequate service by co-locating
an antenna onto the 150 foot tower located at 931 Lower Fayetteville
Road. City Ordinance prefer co-location as an option to constructing a
new tower unless the applicant can demonstrate to the reasonable
satisfaction of the City that no existing telecommunication facility can
accommodate the applicant’s proposed antenna(s).
Council may recall that in 2012, it approved a request to build a 150 tall
telecommunications tower directly across the street at 931 Lower
Fayetteville Road.
Options:
1. Approve the application and variance requests as presented.
2. Deny the application and variance requests as presented.
3. Other direction from Council.
Funding:
Not Applicable
Recommendation:
City has insufficient information as of the date of the preparation of this
agenda item to offer a recommendation.
Previous Discussions
With Council:
February 27, 2007
Applicant’s
existing tower
Approximate
location of
existing 150
foot tower
City of Newnan, Georgia - Mayor and Council
Date:
February 25, 2014
Agenda Item: 4 Welch Street
Prepared and Presented by:
Shane Pridgen, Code Enforcement Officer
Submitted by: Bill Stephenson, Chief Building Official
Purpose:
To conduct a public hearing concerning the dilapidated structure located
at 4 Welch Street.
Background:
Owner: EMANUEL RANSBY JR
Date Sub-Standard housing file was opened: December 26, 2013
Does the cost to bring this structure into compliance by means of repair
exceed 50% of the structure’s assessed tax value? YES
On December 26, 2013, the Building Department conducted an
inspection of the premises and found the structure to be unsafe,
uninhabitable and vacant. The recorded property owner has been
notified, but there has been no response and no permits have been
obtained to begin repairs. The structure has been determined to be
unsafe as set forth by City Ordinance Section 5-24. (a), Sub-sections (3,
4, 5, 8, 9, 10).
Options:
1.
2.
Adopt a resolution directing the property owner to either repair or
demolish the structure within forty five (45) days.
Other direction from Council.
Funding:
Not Applicable
Recommendation:
Staff is requesting Council’s approval to proceed with Option 1.
Previous Discussions with Council:
January 6, 2014 – Council informed of conditions.
January 14, 2014 – Public Hearing was requested.
City of Newnan, Georgia - Mayor and Council
Date:
February 25, 2014
Agenda Item: 78 Temple Avenue
Prepared and Presented by:
Shane Pridgen, Code Enforcement Officer
Submitted by: Bill Stephenson, Chief Building Official
Purpose:
To conduct a public hearing concerning the dilapidated structure located
at 78 Temple Avenue.
Background:
Owner: ARNULFO DIAZ
Date Sub-Standard housing file was opened: December 26, 2013
Does the cost to bring this structure into compliance by means of repair
exceed 50% of the structure’s assessed tax value? YES
On December 26, 2013, the Building Department conducted an
inspection of the premises and found the structure to be unsafe,
uninhabitable and vacant. The recorded property owner has been
notified, but no permits have been obtained to begin repairs. The
structure has been determined to be unsafe as set forth by City
Ordinance Section 5-24. (a), Sub-sections (3, 4, 5, 6, 7, 8, 9, 10).
Options:
1.
2.
Adopt a resolution directing the property owner to either repair or
demolish the structure within forty five (45) days.
Other direction from Council.
Funding:
Not Applicable
Recommendation:
Staff is requesting Council’s approval to proceed with Option 1.
Previous Discussions with Council:
January 6, 2014 – Council informed of conditions.
January 14, 2014 – Public Hearing was requested.
City of Newnan, Georgia - Mayor and Council
Date:
February 25, 2014
Agenda Item: 80 Temple Avenue
Prepared and Presented by:
Shane Pridgen, Code Enforcement Officer
Submitted by: Bill Stephenson, Chief Building Official
Purpose:
To conduct a public hearing concerning the dilapidated structure located
at 80 Temple Avenue.
Background:
Owner: ARNULFO DIAZ
Date Sub-Standard housing file was opened: December 26, 2013
Does the cost to bring this structure into compliance by means of repair
exceed 50% of the structure’s assessed tax value? YES
On December 26, 2013, the Building Department conducted an
inspection of the premises and found the structure to be unsafe,
uninhabitable and vacant. The recorded property owner has been
notified, but no permits have been obtained to begin repairs. The
structure has been determined to be unsafe as set forth by City
Ordinance Section 5-24. (a), Sub-sections (3, 4, 5, 6, 7, 8, 9, 10).
Options:
1.
2.
Adopt a resolution directing the property owner to either repair or
demolish the structure within forty five (45) days.
Other direction from Council.
Funding:
Not Applicable
Recommendation:
Staff is requesting Council’s approval to proceed with Option 1.
Previous Discussions with Council:
January 6, 2014 – Council informed of conditions.
January 14, 2014 – Public Hearing was requested.
7 Landers Street Request
Ms. Winn:
As per our conversation, I am requesting to be placed on the City Council Agenda for February 25, 2014.
Attending will be my mother (Fannie Whatley) and brother (Jonathan Whatley). The reason for the
request to get reconsideration for the property at 7 Landers St in the City of Newnan.
After speaking with you, you indicated that a written request was needed. Please accept this email as
the written request. IF you need further information, please email me or you may phone (954) 3815915 (my number) or my brother or mother at (770) 683-1415.
Thank you in Advance,
Jacqueline Whatley Thompson
CITY COUNCIL MEETING – FEBRUARY 25, 2014
Mayor and City Council,
As a Board Member of the Newnan-Coweta Art Association and in charge of the Spring Art Show, I
would like to request Saturday April 12, 2014 to have our Annual Spring Arts and Crafts show and sale
around the Old Courthouse Square.
We would need to start Friday April 11, 2014, after 5pm, to draw off the spaces and start setting up
the display booths. The show would start at 10:00am and end at 4:00pm on Saturday. Saturday April
26, 2014 would also be requested as our rain date.
We will follow all the guidelines that are in the rules for such use.
Thank you for your approval and courtesy.
Sincerely,
Gay Lindquist
[email protected]
770 683-4303
Motion to Enter into Executive Session
I move that we now enter into closed session as allowed by O.C.G.A. §50-14-4 and
pursuant to advice by the City Attorney, for the purpose of discussing
And that we, in open session, adopt a resolution authorizing and directing the Mayor or
presiding officer to execute an affidavit in compliance with O.C.G.A. §50-14-4, and that
this body ratify the actions of the Council taken in closed session and confirm that the
subject matters of the closed session were within exceptions permitted by the open
meetings law.
Motion to Adopt Resolution after Adjourning Back into Regular Session
I move that we adopt the resolution authorizing the Mayor to execute the affidavit stating
that the subject matter of the closed portion of the council meeting was within the
exceptions provided by O.C.G.A. §50-14-4(b).