City of Hogansville City Council Regular Meeting Agenda October 2024 - 7:00  HOGANSVILLE  GEORGIA  Monday,  21,  pm  Meeting will be held at Hogansville City Hall, 111 High Street, Hogansville, GA 30230  Mayor: Jake Ayers Council Post 1: Michael Taylor,Jr* 2025 Council Post 2: Matthew. Morgan 2025 Council Post 3: Mandy Neese Council Post 4: Mark Ayers Council Post 5: Kandis Strickland 2027  2025 2027 2027  City Manager: Lisa E. Kelly Assistant City Manager: Niles Ford City Attorney: Alex Dixon Chief of Police: Jeffrey Sheppard City Clerk: LeAnn Lehigh  Mayor Pro-Tem  Regular Meeting -7:00 pm 1. Call to Order - Mayor Jake. Ayers 2. Invocation & Pledge  Agenda  Alli items listed under the Consent. Agenda are considered tol bei routine in nature and willl be approved by one blanket motion.  1. Approval of Agenda: Regular Meeting October 21, 2024 2. Approval ofMinutes: Work Session October 7, 2024  3. Approval ofMinutes: Public Hearing & Regular Meeting October 7, 2024 1. Employee Recognition - Lisa Kelly - 20 Year Anniversary  Presentation Old Business New Business  1. Ordinance - 2nd Reading & Adoption- - Rezoning. - Portions ofTax Parcel Numbers: 0023 0010, 0022000016,  and 0023001002  1. Tank Maintenance Award - American Tank 2. Preliminary Plat Oakgate City Manager's Report ChiefofPolice! Report Council Member Reports 1. Council Member Taylor 2. Council Member Morgan 3. Council Member Neese 4. Council Member Ayers 5. Council Member Strickland  Upcoming Dates & Events Authority at] Hogansville City Hall purchased at) www. 1937rovlheater.org Hogansville City Hall  o October 22, 2024- -6:30 pm] Meeting of thel Downtown Development October: 26, 2024- - 7:00 pml Royal Theater Soft Opening - (tickets mayk be October: 31, 2024- - 5pm-7pm] Pilot Club' Trunk or Treat Downtown Hogansville November 4, 2024 -7:00 pm I Regular Meeting oft thel Mayor and Council at November 9, 2024 -7:00j pm Royal Theater Grand GALA Opening Night at thel Royal Theater (tickets may be purchased at w.Psropallaalenorg  Mayor's Report Adjourn  Meeting to be held at Hogansville City Hall, 111 High Street, Hogansville Ga. 30230        HOGANSVILLE GEORGIA 10/07/2024  Meeting held at Hogansville City Hall, 111 High Street, Hogansville GA 30230  Work Session Meeting  Call to Order: Mayor Jake. Ayers called the Work Session to order at 6:00 pm. Present were Council Member Michael Taylor, Council Member Matthew Morgan, Council Member Mark Ayers and Council Member Kandis Strickland.. Also present were City Manager Lisa Kelly, Assistant City Manager Niles Ford, City Attorney Alex Dixon, Police ChiefJ Jeffrey Sheppard, and City Clerk LeAnn Lehigh. Council Member Mandy Neese was not  present at tonight's Work Session meeting. ORDER OF BUSINESS  1. Tank. Maintenance. Presentation - American Tank  City staffs solicited quotes on water tank maintenance, as the City has never had a water tank maintenance program Brad McConnell with American Tank Maintenance gave aj presentation to Council about their tank maintenance program in which they would contract with the City to provide all maintenance for thel Interstate Water Tank and the Pine Street Water' Tank. This includes painting the exterior oft the Interstate Tank with new logo, then painting the exterior of each tank every ten years, pressure washing the interior to remove mud and sediment every 2 years, alternating years with a visual inspection, and would include any emergency services. The contract would be: for five years, and there would be no change-orders. American Tank could offer payments monthly, quarterly, semiannually, or annually based on1 the City's budget. The Tank Maintenance Item will be added to October 21 City Manager Lisa Kelly gave Council a summary ofUDO Amendments that will be reviewed by the City Assistant City Manager Niles Ford gave Council al list of streets the City feels are priority regarding parking on City streets. Council had discussed this topic at the last Work Session. The parking signage would be listed by each street int the ordinance and yellow curbing would be used where able. City Manager Lisa Kelly asked for Council  before. Staff received back three quotes.  agenda for Council action. UDO Amendments Update  Attorney. This item will be on thel November 4 agenda.  input before City Attorney drafts the ordinance. Mayor Ayers adjourned the Work Session at 6:52 pm.  Respectfully, onsr City Clerk  October 7, 2024    HOGANSVILLE 10/07/2024 PUBLIC) HEARING  Meeting held at Hogansville City Hall, 111 High Street, Hogansville GA 30230  Mayor Jake Ayers called the Public Hearing to order at 7:01pm tol Hear Citizen Comments on1 the proposed rezoning ofa acreage owned by Blue Creek Developers, LLC and The Scarborough Group Richard Ferry and Joe Facilia with Blue Creek Developers explained that the prior zoning ordinance does not allow distribution centers. They are asking for portions oft tax parcel numbers 0023 0010, 0022 000016, and 0023 001002 to be rezoned to fit with plans on those parcels. There were: noj public comments and Mayor Ayers adjourned the Public Hearing at 7:10pm  rezoning portions ofa a previously approved Mixed-Use Development  REGULAR MEETING  Call to Order: Mayor Jake Ayers called the Regular Meeting to order at 7:10 pm. Present were Council Member Michael Taylor, Council Member Matthew Morgan, Council Member Mark Ayers, and Council Member Kandis Strickland. Also present were City Manager Lisa Kelly, Assistant City Manager Niles Ford, City Attorney Alex Dixon, Police Chief. Jeff Sheppard, and City Clerk LeAnn Lehigh. Council Member Mandy Neese was not] present  at tonight's meeting. CONSENT AGENDA Member Morgan. Motion Carries 4-0 NEW BUSINESS 0023 001002 tonight's meeting.  Council Member Morgan gave an invocation and Mayor Ayers led thel Pledge of Allegiance.  Motion: Council Member Taylor moved to approve the Consent Agenda. The motion was seconded by Council  1. Ordinance- Ist Reading- Rezoning - Portions of Tax Parcel. Numbers 0023 0010, 0022 000016, and City Attorney Alex Dixon read the 1st Reading oft the proposed rezoning ordinance. No action was taken at Motion: Council Member Strickland moved to approve the agreement with Allen Smith Consulting for grant administration services for the FY2024 CDBG application. Thei motion was seconded by Council Member Ayers.  2. Professional Services Agreement - FY: 2024 CDBG-4 Allen Smith Consulting  Discussion: None Motion Carries 4-0 3. Board. Appointment-GICH Council Member Taylor. Discussion: None Motion Carries 4-0 ADJOURNMENT 7:49pm. Respectfully, S3C City Clerk October7,2024  Motion: Council Member Morgan moved to appoint Gloria Poole to the GICH board. The motion was seconded by  On a motion made by Council Member Strickland and duly seconded, Mayor Ayers adjourned the meeting at        24-  ANORDINANCE  AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF HOGANSVILLE TO. AMEND THE CODE OF THE CITY;TO. AMEND THE ZONING MAP AND ORDINANCES OFTHECITYSOASTOASTOCLASSIPYTHEL USEZONEOFREAL ESTATE WITHIN THE CITY LOCATED OFF EAST MAIN STREET ANDE BLUE CREEK ROAD. ANDOWNED BYI BLUE CREEK DEVELOPERS, LLC AND THE SCARBOROUGH GROUPINC,TOREPEALCONELICINGORDINANCES,TO FIX. ANI EFFECTIVE DATE; ANDI FOR OTHER PURPOSES. THE COUNCIL OF THE CITY OFI HOGANSVILLE HEREBY ORDAINS: That the zoning map and ordinances oft the City ofH Hogansville be amended as follows: To rezone. 385.21 acres (Parcel D on attached plat)i int the southern portion of Tax Parcel No. 0022 000016 south of Blue Creek from Corridor Mixed Use (CR-MX) with) PUD overlay to Generall Industrial (G-I), andl leave9 92.17 acres (Parcell Eona attached plat) ofs such tax parcel to the north of! Blue Creek as currently zoned, Corridor Mixed Use (CR-MX) withl PUD overlay.  SECTIONI:  SECTION2:  Thatt the: zoning map: and ordinances oft the City ofH Hogansville be amended as follows: Torezone" Tax! Mapl Parcel 0023 001002 tor remove the PUDO overlay from the entire 46.38 acre parcel, to rezone 37.30 acres in the western portion of such tax parcel (the southernmost portion of Parcel A on attached plat): from Corridor Mixed Use (CR-MX) withl PUD overlay to General Industrial (G-I), and leave the 9.08 acres in the eastern portion of such ta parcel (the southern portion of Parcel Ec on attached plat) as currently zoned, Corridor Mixed Use (CR-MX),  without any PUD overlay. SECTION3:  That the: zoning map and ordinances of the City ofHogansville be amended as follows: Tor rezone" Tax Map! Parcel 0023 001016A tor removet thel PUDoverlay from the entirel 15.41 acre parcel, andt toi rezone: 2.17a acres int the eastern portion ofs such tax parcel (ther northern portion of Parcel E on attached plat) from General Industrial (G-I) to Corridor Mixed Use (CR-MX),  without any PUD overlay.    SECTION4: SECTION5:  All ordinances or parts ofordinancesi in conflict with this ordinance arel hereby repealed. Pursuant to Official Code ofGeorgia Annotated Section: 36-66-4(d)(4), this ordinance: after adoption by the Council andi upon approval by the! Mayor, shall become effectiver upont thel latterof the following dates: (1)t thec datet the: zoningi is approved by the Mayor and Council; or (2) the date that the annexation oft the above-referenced, property becomes effective pursuant to Official Code  of Georgia Annotated 36-36-2, as amended. INTRODUCEDANDFIRSTREADING: ECONDREADINGANDADOPIEDRERCTED SUBMITTEDTOMAYORANDAPPROVEDDISAPPROVED  BY: ATTEST:  Mayor Clerk  MerCipellegomnille OrndmomcaiZ.mingZemngd Ordinance- Bhue Creek Develapers -Od2024    EXHIBIT "A"  69, 92, 94, 99, 100, 101, 124, 125 and 126 oft the 11th Land District, Troup County, Georgia, Tax Parcel IDI Number 0022 000016 (477.38 Acres), 0023 001016A (15.41 Acres), and 0023 001002 (46.38 Acres) (for at total ofa approximately 539.17 Acres, more or less)1 located offof and between Blue Creek Road and East Main Street, Hogansville, Troup County, GA: 30230. Plat of proposed development andi identification ofs specific parcels being rezoned is attached  containing 539.17 acres, more or less.  hereto asl Exhibit "B" andi incorporated herein by reference.    BMIASNVSOH: JOAIIO MDH039 AINNOOdnouI 92IR'v21 1O1 001' '6761010NV1 1ONHISIOHI8L SEl8EdOdd. M33403078  NVId3LISE ONINOZ38  n m hy IIL K    CITY COUNCIL Mayor. Jake Ayers Michael Taylor, Jr., Post 1 Mathew Morgan, Post2 Mandy! Neese, Post3 Mark Ayers, Post4 Kandis Strickland, Post5  City Manager- Lisal Kell Assistant City Manager- Niles Fon City Clerk- - LeAnnl Lehigl City Attorney- Alex Dixoi 111Highs S Hogansville GA: 30230-1191 706-637-8629 cilyofhogansvile.0  HOGANSVILLE  GEORGIA  COUNCIL ACTION FORM  MEETING DATE: October 7, 2024 Blue Creek Development  SUBMITTED BY: Dhayna Portillo  AGENDA TITLE: Public Hearing and First Reading - Rezoning and Map Amendment for CLASSIFICATION (City Attorney must approve all ordinances, resolutions, and contracts as  tof form)  Ordinance (No. Resolution (No.  Contract  Information Only  Public Hearing  Ceremonial  X Discussion/Action  Other  BACKGROUND (Includes description, background, and justification)  Property owners and applicants Blue Creek Developers, LLC and' The Scarbrough Group are proposing rezonings of portions of the 539.17+/- acre site on East Main Street and] Blue Creek Road, Tax Map Nos. 0023001016A, 0022000016, 0023001002, and currently zoned as Corridor Mixed Use (CR-MX) and General Industrial (GI). The request is to consider rezoning thej property to General Industrial (GI) and Corridor Mixed Use (CR-  MX) to encourage general industrial uses.  The entrances will be combined with entrances on East Main Street and County Line Road.  Ati its September 19, 2024, regular meeting, the Hogansville Planning Commission voted to recommend that the City  Council approve the proposed rezoning and map amendment.  BUDGETING & FINANCIAL IMPACT (Includes project costs and funding sources)l  No budget impact.  STAFF RECOMMENDATION (Include possible options for consideration) Group as recommended by thel Hogansville Planning Commission on September 19, 2024.  Staff recommends that City approve the rezoning application by Blue Creek Developers, LLC: and The Scarbrough    HOGANSVILLE  GEORGIA  REZONING REQUEST APPLICATION FORM  CITY OF HOGANSVILLE, GA  ATTACHED PLEASE FIND THE FOLLOWING INFORMATION: Materials Necessary for a Rezoning Request Application for Rezoning Request Authorization by Property Owner Property Owner Disclosure of Campaign Contributions Agent's Disclosure of Campaign Contributions Property and Financial Disclosure Site plan requirements Application Deadline Dates  THE FOLLOWING IS A GENERAL DESCRIPTION OF THE PROCEDURES USED FOR THE  PROCESSING OF AN APPLICATION FOR A REZONING REQUEST.  PLANNING COMMISSION:  1) After receipt and acceptance of the zoning petition, staff reviews the requests and develops a recommendation which is forwarded to the Planning Commission for review 2) The Planning Commission meets on the third Thursday of each month at 6:00 p.m. at City Hall. It is important that the petitioner attend these meetings to answer questions 3) After hearing interested citizens and after reviewing the request, the Planning Commission votes to recommend APPROVAL, APPROVAL WITH CONDITIONS, DENIAL,  and recommendation.  that may arise from board members. OR TABLNG of the request.  4) This recommendation is forwarded to Mayor and Council.  4716077-2 11724.4 .460000    Application for Rezoning - City of Hogansville Georgia  Property Owner (s):  Blue Creek Developers, LLC (Parcel# 0023 001016A & 0022 000016) and  The Scarbrough Group, Inc. (Parcel #023 001002)  Property Owner(s). Addresses:  Blue Creek Developers, LLC9008 Highway 16, Senoid, GA 30276 The Scarbrough Group, Inc. 13 Raintree Ct, Newnan, GA30265  Phone Number: (678)429.2903 Email: dawndscarbrough@gmail.com Authorized Agent: Richard Ferry Agent's Address:  Brent Holdings, LLC 270North Davis Drive Fayetteville, GA 30214  Phone Number: (770)461-0478 Email: eryepentnoanasnet Subject Property Address: E.Main Street, Hogansville, GA30230 Troup Tax Parcel Number:  0023 001016A - contains 15.41 acres; proposal is to remove the PUD Overlay. from the entire 15.41 00220 000016- - contains 477.38 acres; proposali is to remove the PUD overlay) from and rezone 385.21 acres of it to G-1 (leaving that 92.17 acre portion of it north of Blue Creek as CR-MX with the PUD 0023 001002 - contains 46.38 acres; proposal is to remove the PUD overlay. from the entire 46.38 and rezone 37.3 acres ofittoG-I (leaving that eastern 9.08 acre portion ofi it CR-MX).  acres and rezone the eastern 2.17 acre portion ofi fitfrom G-/to CR-MX.  overlay).  Size of property (acres): See above.  Current Zoning: CR-MX (with PUD overlay); G-I (with PUD overlay)  Proposed Zoning: G-I Current Use: Undeveloped  Proposed Use: Rezoning proposed to allow a Distribution Center  Ifrezoned, when will the proposed use start? No proposed date at this time but in the near future.  4716077-21 11724.460000    APPLICANT'S REZONING DISCLOSURE STATEMENT  (OC.GA. 36-67A-legs seq.)  Property/Financial Disclosure  Does any member of the Hogansville City Council or Hogansville Planning and Zoning Commission have a financial or property interest in the subject property requested for zoning change or in a corporation, partnership, firm, trust, or association which has a property interest in the subject  property? No  Ifso, describe the nature and extent of such interest:  Campaign Contribution Disclosure  Has the applicant made, with two (2) years immediately preceding the filing of this application forr rezoning, campalgncontributions aggregating $250 orr more, or made gifts! having a combined value of $250 or more to a member or members of the Hogansville City Council or Hogansville  Planning and Zoning Commission?  No  Ifs so, give the name of the member(s) to whom the campaign contribution or gifts were made, the dollar amount of each campaign contribution, and an enumeration and description of each  gift:  Icertifyt that the foregoing information ist true and correct, this (IEh day of September, 2024.  Aals Applicant's Signature Blue Creek Developers, LLC  Dan SR6 Applicant's! Sighature Scarbrough Group, Inc.  4716077-2 11724.4 .460000    OWNER'S. AUTHORIZATION TO USE THIRD PARTY REPRESENTATIVE  Isweari that lam the owner oft the properties located at (propertyaddresses): E.Main Street, Hogansville, GA 30230; Troup Tax Parcel Numbers: 0023 001016A; ;0022 000016;and 0023 001002  which is subject matter of the attached application, as shown in the records of Troup  County, Georgia.  lauthorize the person named below to act as applicant in the pursuit of the rezoning of this  property.  Agent Name: Richard Ferry Telephone: (770)461-0478 Email: Tery@prentnodingsnet  Agent Address: Brent Holdings, LLC 270 North Davis Drive Fayetteville, GA 30214  Aal Property Owner Signature Blue Creek Developers, LLC  9/11/2024 Date:  qlu24 Date:  Property Owner Signature Scarbrough Group, Inc.  DWRe  4716077-2117446000    MEMORANDUM TO ZONING APPLICATION  VIA E-MAILDELIVERY FROM: Applicants for Rezoning DATE: September 12, 2024  TO: Mayor. Jake Ayers and Members of City Council; City ofl Hogansville, GA  Re: Proposed rezoning of Parcel No. 0023 001016A and portions of Parcel Nos. 0022 000016: and 0023 001002 (the "Subject Property") tor remove the Planned Unit Development ("PUD") Overlay and to rezone parcels 0022 000016 and 0023 001002 from CR-MX to G-I  Agents for the owners of the above referenced parcels, Blue Creek Developers, LLC and The Scarbrough Group, Inc. respectively, submit the attached application for rezoning including the reservation of constitutional rights as set forth on Exhibit A attached to this Memorandum and, as such, made a part  hereof.  Rezoning of these parcels is requested / required primarily to allow "Distribution Center" as a According to Section 102-B-2-11 of the Hogansville Unified Development Ordinance (the "UDO"), zoning district G-I "is intended primarily for large-site development of industrial uses and businesses" and the G-I zoning district is the only district in the UDO that allows Distribution Center" as a permissible use. Additionally, the adjacent property which is also owned by one of the applicants (immediately to the east; Parcel No. 0023 001001 which contains 72.16) is currently zoned G-I. So, this rezoning request, if granted, will merely expand this area of G-I zoning along I-85 to the west and north As you may recall, when the surrounding area was annexed into the City of Hogansville the properties were assigned Planned Unit Development ("PUD") zoning. As part of that PUD zoning, a preliminary plat was approved on November' 7,2022 (under the previous zoning ordinance). That approved preliminary plat contains a mix of residential and industrial warehouse uses (NOTE: approximately 3 In June of 2023, the previous zoning ordinance was replaced by the current UDO and these properties were placed mostly in the "Corridor Mixed Use" or "CR-MX" zoning category and sinçe they had been PUD with an approved preliminary plat they were: also placedi ina" "PUDoverlay". district(NOTE: The proposed warehouses on the preliminary plat were depicted in multiple buildings with access via aj parkway through the development. However, because "Distribution Center"is not aj permitted use in the underlying CR-MX: zoning district and because the configuration approved on the preliminary plat will no longer work as conceptualized, the applicants are seeking to rezone the Subject Property to G-I and Although G-I might technically be a "higher" or "more intense" zoning category (than the current CR-MX), it is notable that the preliminary plat already approved is actually more consistent with the G-I  "permitted use" asiti is not permitted in any other zoning district.  and will provide al larger land area to allow a "Distribution Center".  million square feet ofindustrial warehouse uses were approved).  the UDO does not have as separate PUD: zoning district).  remove the PUD overlay.  zoning category than the requirements of CR-MX.  4715962-29175.0002000    MEMORANDUM TO: ZONING APPLICATION  Page 3 of4  ExhibitA A  Statement of Reservation of CONSTITUTIONAL RIGHTSAND OBJECTIONS  A failure by Hogansville, Georgia to approve the proposed rezonings to which this reservation of rights is attached, as requested by Blue Creek Developers, LLC: and The Scarbrough Group, Inc. (together the "Applicant"), would impose a disproportionate hardship on the Applicant without any accruing benefits to any surrounding property owners. The failure to approve would be unconstitutional in thati it would render the property of limited use and significantly limit its marketability. As such, not approving the rezoning would constitute at taking without just and adequate compensation and without due process oflaw. Further, the failure to approve the rezoning would be contrary to the wishes and desires oft the property owners and would constitute an: arbitrary and capricious act and would discriminate in an arbitrary, capricious and unreasonable manner between the property owner and owners of similarly situated property in violation of Article I, Section I, Paragraph I, and Article I, Section III, ParagraphI(a) oft the Constitution oft the State of Georgia and the Equal Protection Clause of the Fourteenth Amendment  to the Constitution oft the United States. to "pass clearly reasonable ordinances."  Any decision that would deny the rezoning, as requested by the Applicant, would also be a violation oft the Constitution of the State of Georgia, Article IX, Section II, Paragraph I that requires cities A refusal by Hogansville, Georgia to grant the rezoning, as requested by the Applicant, would prohibit the only viable economic use oft the subject property, would be an unreasonable application of local land use authority which bears no relationship to the public health, safety, morality or general welfare oft the public and would constitute an arbitrary and irrational abuse of discretion by the City of Hogansville, Georgia and thel Planning Commission and the City Council in violation of Article I, Section I,Paragraph Ic ofthe Constitution oft the State of Georgia and the Due Process Clause oft the Fifth and Fourteenth Amendments to the Constitution oft the United States. The Applicant maintains that a denial oft the rezoning as requested by the Applicant would also be an abuse of discretion under the power granted to local governments by the Georgia Constitution and the Zoning Procedures Law, O.C.G.A. $36- Ini filing this statement with the application to which iti is attached, the Applicant hereby reserves all rights and remedies available to it under the Constitution oft the United States, the Constitution oft the State of Georgia, all applicable federal, state and local laws and ordinances and in equity. Accordingly, the Applicant respectfully requests that the rezoning be granted and reserves the  66-1, et seq.  right to amend this statement and the attached documents.  STANDING OBJECTION.  The Applicant objects to the standing of each and every surrounding resident to challenge whether before the Planning Commission, City Council or any court of competent jurisdiction, any zoning decision that was madel by thel Planning Commission and/or City Council int that he/shel has not shown, nor can: show, that he/she will suffer special damages within the meaning of Georgia law as a result of said decision. Applicant raises this objection before thel Planning Commission and City Council andi requests the Planning Commission and City Council to determine standing for any individual who challenges or objects to the Planning Commission's and City Council's decision to approve the rezoning. Applicant further raises this  471598229175.00290    CR-MX  m. Ea  ar  E. lr  24-113  GEORGIASD EXHIBIT