The City of Blue Ridge voted to table many items for the incoming council during the Tuesday, December 21, meeting, and it seems the saga that has formed around the 200 West First Street property in Blue Ridge may also trickle onto the new council next month.
During the meeting, Mayor Donna Whitener broke a tie vote on granting permits under the condition that developers build under the new 35-foot limit.
With Councilman Harold Herndon absent, council members Rhonda Haight and Nathan Fitts voted to restrict the height while Robbie Cornelius and Mike Panter opposed the motion.
After repeating her motion twice during the meeting, Haight moved that “based on the legal opinion of Smith and Connelly, I make the motion that the Robbman Scott Kiker and Wellington Ford property located at 200 West First Street be denied a building permit for a 60-foot building, which did fit previous zoning. With that, they will follow the 35-foot ordinance that is currently in place and as per the CBD zoning, and they will come back to us as the planning commission recommended and submit final plans that meet these requirements prior to receiving a building permit.”
From the audience, the developer’s attorney Chris Collins said, “That’s a garbage legal opinion.”
As agreed upon last meeting, a legal opinion was sought out on the matter, and Chuck Connelly, who has applied for the city attorney opening, provided his.
Councilman Mike Panter said that his opinion may pose a conflict of interest since he’s applied to the city to which Haight disagreed.
Read by Haight during the meeting, Connelly’s opinion said, “For the reasons set forth herein, it is my legal opinion that the subject property and the proposed development thereof is subject to the 35-foot height limit.”
Whitener added that Connelly also stated that “please note that if my understanding of the operative facts is incorrect, it could affect the legal analysis set forth herein.”
With that, Whitener attempted to give Collins an opportunity to speak, but with opposition from Haight and members of the audience, causing Whitener to roll her eyes, he did not get the chance as the topic was placed on the agenda as an action item, not a hearing, and specifically titled “Robbman Scott Kiker and Wellington Ford 200 West 1st Street.”
Panter referenced an opinion given by current City Attorney James Balli dated December 15, stating the contrary.
Councilman Nathan Fitts asked if Panter was referring to the email he received to which Panter said it came to himself only.
“Why would he send it to you and not all the other council members?” Fitts asked.
During public comment, Richard Arnold and Donna Thompson spoke in opposition of the development being built to 60 feet.
“We would like for someone to tell us, what is the elevation going to be at the street level to the top,” Thompson said. “Builders have been contacting me that they’re estimating it’s gonna be over 90 foot at street level at the intersection, and that’s based on 30-foot hypography.”
The fact that a 25 percent stakeholder was not on the rezoning application was also noted by Thompson.
After Haight repeated her motion, but before the council voted, Collins said, “The Georgia Law requires me to preserve constitutional challenges, and I have to raise those now if I’m gonna raise them later, so I will say that already there were issues of abuse of discretion, arbitrary and capricious actions, ... imminent domain and taking without just compensation.”
In other action, the ETC Service Agreement renewal for all the city services was tabled along with water plant surveillance system bids.
A sublease with the Blue Ridge Scenic Railway that’s currently in effect through April 2026 was also tabled. The lease is in regard to the depot and caboose at 241 Depot Street, which the railway currently leases from the city.
As a result of a partnership with the railway and a company called Freedom that will provide rail bike operations, the company would like to sublease the property with the railway.