Published Thursday, October 29, 2009
Newnan debates tire store request
The Newnan Times-Herald
The Newnan City Council discussed a Temple Avenue rezoning request at length Tuesday evening before voting to send the issue back to the city Planning Commission for a resolution that would prevent the issue from arising again.
William K. Floyd Jr. asked to rezone .17 of an acre at 128 Temple Ave. from Urban Neighborhood Commercial (CUN) to Heavy Commercial (CHV) in order to operate a retail tire store with light automotive repair, specifically related to tire installation.
Under the current zoning, Floyd can sell tires on the property, but he can't install them on an automobile.
The Newnan Planning Commission met on Sept. 8 and, in a 4-2 split vote, recommended the city approve the request with the condition that, while the property would be rezoned to CHV, the uses would be limited to only those currently allowed in the General Commercial zoning district, as well as light automobile repair services and new and used car lots.
Steve Fanning, the attorney representing Floyd, told council members that it seems they've "poked a stick into a hornet's nest with this thing."
"If they can sell tires, they should be able to install them. Let's solve the problem," said Councilman George Alexander. He suggested that, rather than changing the property's zoning, the city "preclude this from happening again" by changing the ordinance so that anyone who sells tires can also install them.
Mayor Pro-tem Cynthia Jenkins recommended the city grant Floyd a special condition to install tires under the current zoning.
Several council members expressed an unwillingness to change that parcel's zoning to Heavy Commercial because they wanted to keep it in sync with the overall master plan in that corridor.
Community Development Director Cleatus Phillips said council had the option of referring the request back to the Planning Commission and asking it to have a special called meeting to address the ordinance in a timely manner. The city will have to meet certain advertising requirements, but Phillips believes the Planning Commission could return the issue to council by the Nov. 24 meeting.
To complicate matters, the owner of the property at 128 Temple Ave. wanted the parcel to be zoned Heavy Commercial so that, if Floyd ever leaves, the owner can once again operate a used car lot.
Mayor Keith Brady explained to the property owner and to Floyd that zoning classifications are not meant as "a matter of convenience" and that their overall consideration was whether to allow Heavy Commercial zoning in that corridor.
Alexander made the motion that council delay acting on Floyd's request until its Nov. 24 meeting and, in the meantime, refer it back to the Planning Commission to consider amending the Urban Neighborhood Commercial zoning ordinance to allow Floyd the ability to install tires.
