Legal Ad Nov. 16

PUBLIC NOTICE - ALTERATION OF ZONING CONDITION

The Bartow County Planning Commission will hold a public meeting on Monday,

December 4. 2017 at 6:00 p.m. in the Zoning Hearing Room at the Frank MooreAdministration and Judicial Center at 135 West Cherokee Avenue, Cartersville,

Georgia. The Planning Commission will review an application by C&GAdairsville LLC requesting an alteration of a zoning condition that applies toproperty located at Hwv. 140 in Land Lot(s) 171/172. 6th District, 3rd Sectionof Bartow County, Georgia for the following purpose: remove zoningcondition related to buffer reduction. Said property contains 27.23 acres.The zoning condition relates to allowing further use of mulch storage onproperty.

The Bartow County Commissioner will hold a final public hearing on the proposed

action on Wednesday, December 13, 2017 at 10:00 a.m. in his office in theFrank Moore Administration and Judicial Center in Suite 251 to consider and take

action on the recommendation of the Planning Commission of the abovementioned application.

Please contact the Bartow County Zoning Office at 135 West Cherokee Avenue,Cartersville, Georgia 30120 or (770) 387-5007 to receive the application andinformation on the filing thereof. If you have an interest in the proposed request,you are encouraged to attend the meetings. If you will require reasonableaccommodation in order to participate in this hearing, please contact MariaCoggins at Suite 217B, Frank Moore Administration and Judicial Center, 135 WestCherokee Avenue, Cartersville, Georgia 30120, telephone number (770) 387-5020or TDD (770) 387-5034, at least 72 hours prior to the scheduled time of thehearing.

Bartow County

AZC-2178

Please email tear sheet on date of publication toBrooke Whorton, Bartow County Community

Development Dept.,whortonb@barto wga. org

[SAMPLE FORM NOTICE LETTER - ALTERATION OF ZONING CONDITION]

TO:

RE: NOTICE OF REQUEST FOR ALTERATION OF ZONING CONDITION

Application #.

Property Location:.

Name of Applicant:.

Telephone # of Applica^it:.

Dear

I, , Wve madman application to the Bartow CountyPlanning Commission requesting an alteration of zoning condition that applies to propertylocated at \ / in Land Lot(s)

, District, \ / Section of Bartow County, Georgia forthe following purpose ^ . Said propertycontains acres. The zoning con^ion relates to

A public meeting will be held on Mc^ay, \ , 20 at 6:00 p.m. inthe Zoning Hearing Room at the Frank Moore ̂ ^^^inistration and Judicial Center, 135 WestCherokee Avenue, Cartersville, Ge^gia 30120.

The Bartow County Commissioner will hold a final Wblic hearing on the proposed action onWednesday, / , 20 M 10:00 a.m. in his office in the FrankMoore Administration and /udicial Center in Suite 2^ to consider and take action on therecommendation of the Planning Commission of the above-mentioned application.

If you have an interest in this proposed amendment, you areNencouraged to attend the meetings.All persons who wish to address the Planning Commission oto the proposed amendment underconsideration shall first register to speak in the Zoning Departir^nt prior to the commencementof the hearing. All persons who wish to address the Commissioi^r on the proposed amendmentunder consideration shall first register to speak in the Commissioner's Hearing Room prior tothe commencement of the hearing.

Thank you.

Sincerely,

Applicant/Property Owner

Community Development DepartmentZoning Division135 West Cherokee Avenue, Suite 124 Cartersville, GA 30120Phone: 770-387-5007 Fax: 770-387-5644

APPLICATION TO ZONING DIVISION

BARTOW COUNTY(Completed by Zoning Division)

Application Number: {\ic -A Date Submitted:_ yyj^ /nFee Amount: jg\oo Application & Fee Received By:

IMPORTANT: A Plat or Survey of the subject property MUST be submitted with application. Aconceptual Site Plan may also be required AT application time. (See Page 4, 8 for Requirements)

SECTION 1. GENERAL INFORMATION

Tbls application is made for the following reason(s);

Check ALL APPLICABLE requests;

Land Use Map Amendment (Complete subsection A below.)

Rezoning / Zoning Map Amendment (Complete subsection B below.)X Alteration of Zoning Conditions (Complete subsection C below.)

Zoning Ordinance Text Amendment (Complete subsection D below.)Conditional Use Permit request (Complete subsection E below.)Appeal to Board of Zoning Appeals (Complete subsection F below.)Appeal to County Commissioner (Complete subsection F below.)

All applicants are to complete the following:

Name of Subject Property Owner: C&G ADAIRSVILLE, LLC

Name of Applicant if different from Property Owner:(If applicant different from owner, notarized written permission of owner must be attached hereto.)

... ,. C/OJEFFREYA. WATBQNS.P.C., 128 WCHEROK£EAVE,CARTERSVILLE,GAAddress of Applicant: ] '

JEFF@JEFFWATKINSLAW.COM

^ , 770-382-7017Telephone: Home: Work:^

Subject Property Description:

171 AND 172 6TH 3RDLand Lot(s): District: Section:

„ , /r 975+/- ^ 600+/- , 27.23 , ,Frontage (feet): Depth (feet): Area: (acres/square feet)

street Address/ Road Name: HIGHWAY 140, NW, ADAIRSVILLE, GA 30103

Tax Property Record Card ID # (obtained from Tax Assessor's Office): QQ66-0172-002

The subject property deed Is recorded in Book Page MM 3. in the office of the Clerk ofSuperior Court, Bartow County.

Page 1 of 12November 20, 2014

C. ALTERATION OF ZONING CONDITIONS

1. Applicants for Alteration of Zoning Conditions shall complete the following (submitadditional sheets for multiple conditions on the same property):

V-2086-16 11/08/2017Original Rezoning Application Number; Date:

Existing Zoning Condition (attach separate sheet if necessary): further use is allowed except what is

shown on the site plan and use of the existing bam and it's immediate vicinity for storing mulch.

Requested alteration (if request is to delete existing condition, so state):

The Applicant requests to delete the zoning condition referenced above in it's entirety.

Reason for requested alteration of zoning condition; To allow for pallet manufacturing and recycling on theproperty referenced in the zoning condition.

2. Notice requirements of Section II shall be followed.

3. Disclosures form in Section III shall be completed by owner, applicant, and allrepresentatives.

4. The following shall be submitted with the application:

a. The minutes of the zoning hearing during which the condition(s) were applied.b. One (1) copy of a plat, drawn to scale, showing north arrow, land lot and district, the

dimensions, acreage and location of the tract, and existing and intermediate regional floodplainsand structures, as shown on the Federal Emergency Management Agency FIRM rate maps forBartow County, prepared by an architect, engineer, landscape architect or land surveyor whosestate registration is current and valid. The preparer's seal shall be affixed to the plat. The platshall also indicate the neighboring property owners by number, as listed below (See Section II).

c. Copy of recorded covenants or restrictions, if applicable.d. A copy of the Tax Property Record Card for the parcel from the Tax Assessor's Office. (For

office use only.)

Page 5 of 12November 20, 2014

SECTION II. PUBLIC NOTICE

Notice must be provided to all individuals, firms and/or corporations owning property adjoiningthe subject property on all sides, including across any easement, road, street or railroad right-of-way,ACCORDING TO THE RECORDS OF THE TAX ASSESSOR ON THE DATE OF THIS APPLICATION. The notice

shall include a plat of the property, the purpose of the application, the current zoning and land useclassification, the proposed zoning and land use classification, and the date, time, and location ofhearings.

LETTERS TO ALL ADJOINING PROPERTY OWNERS MUST BE MAILED NO LESS THAN 15 DAYS PRIOR TO

THE PLANNING COMMISSION HEARING BY FIRST CLASS MAIL, WITH PROOF OF MAILING OBTAINED FROM

THE POST OFFICE. Proof of mailing includes a ̂'certificate of mailing,** or a "certified mail** receiptProof of mailing shall be submitted to the Zoning Department prior to the hearing.

If proof of mailing is not in order as REQUIRED BY SECTION 15J.3, OR IF THE APPLICATION ISNOT COMPLETE FOR OTHER REASONS, THE APPLICATION SHALL BE DEEMED OUT-OF-ORDER AND SHALL

BE TABLED FOR ONE MONTH. IF STILL OUT-OF-ORDER THE SECOND MONTH, IT SHALL BE DEEMED

WITHDRAWN, AND MAY NOT BE RESUBMITTED FOR CONSIDERATION BY THE PLANNING COMMISSION

FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE THAT THE APPLICATION IS DEEMED WITHDRAWN.

List all adjoining property owners:

1)_

2)_

3)_

4).

5).

6)_

7)_

8)_

9).

NAME ADDRESS

SEE ATTACHMENT

10).

11).

12).

Indicate property owned by above on copy of plat attached to application.(Attach additional sheets if necessary.)

Page 10 of 12November 20,2014

SECTION III. DISCLOSURES

1. DISCLOSURES REQUIRED OF OWNER, APPLICANT, AND REPRESENTATIVES(each person to file separate form)

The following disclosures are required from each of the following persons: the owner; the applicant if theapplicant is different from the owner; and any representative of the owner or applicant.

Pursuant to the Conflict of Interest in Zoning Act, O.C.G.A. § 36-67A-I et seq., any applicant ofthis rezoning who has made, within two years immediately preceding the filing of the application,campaign contributions aggregating $250.00 or more to the Commissioner or any PlanningCommission member, should file an OPPONENT OF REZONING ACTION CAMPAIGN

DISCLOSURE REPORT, showing the contribution amount(s) and date(s). Such disclosure shouldbe filed at least five calendar days prior to the Planning Commission's hearing. Violation of thisAct shall not affect the validity of the rezoning, but such action may be a misdemeanor underO.C.G.A. § 36-67A-4.

Have you, as owner, applicant, or representative of owner or applicant, made a campaign contribution to theCommissioner of Bartow County or any member of the Planning Commission within two years immediatelypreceding the filing of this application aggregating $ 250.00 or more or made a gift to any of the abovehaving an aggregate value of $ 250.00?

Yes X No

Ifyes: (I) The name of the officialSTEVE TAYLOR

(2) The dollar amount and date of each campaign contribution made by the applicant to thelocal government official named above during the two years immediately preceding thefiling of the application.

04/11/2016 $1,000.00

(3) The value and description of each gift having a value of $ 250.00 or more during the twoyears immediately preceding the filing of this application.

$1,000.00 contribution to Steve Taylor's re-election campaign.

Sworn to and subscribed before n^, %this ̂ dayoL AJQV ] g_-'^0i^R|L %, |

Noi iry Public

commission expiresf

^ Tyotwi I k ucPMN^TED^me of Applicant '

RE of Applicant

I' / r nDate

SIGNA

Page 11 of 12November 20, 2014

SECTION III. DISCLOSURES

1. DISCLOSURES REQUIRED OF OWNER, APPLICANT, AND REPRESENTATIVES

(each person to file separate form)

The following disclosures are required from each of the following persons: the owner; the applicant if theapplicant is different from the owner; and any representative of the owner or applicant.

Pursuant to the Conflict of Interest in Zoning Act, O.C.G.A. § 36-67A-1 et seq., any applicant ofthis rezoning who has made, within two years immediately preceding the filing of the application,campaign contributions aggregating $250.00 or more to the Commissioner or any PlanningCommission member, should file an OPPONENT OF REZONING ACTION CAMPAIGN

DISCLOSURE REPORT, showing the contribution amount(s) and date(s). Such disclosure shouldbe filed at least five calendar days prior to the Planning Commission's hearing. Violation of thisAct shall not affect the validity of the rezoning, but such action may be a misdemeanor underO.C.G.A. § 36-67A-4.

Have you, as owner, applicant, or representative of owner or applicant, made a campaign contribution to theCommissioner of Bartow County or any member of the Planning Commission within two years immediatelypreceding the filing of this application aggregating $ 250.00 or more or made a gift to any of the abovehaving an aggregate value of $ 250.00?

Yes No

If yes: (1)

(2)

The name of the official

The dollar amount and date of each campaign contribution made by the applicant to thelocal government official named above during the two years immediately preceding the

filing of the application.

(3) The value and description of each gift having a value of $ 250.00 or more during the twoyears immediately preceding the filing of this application.

Sworn^and subscribedthis day of

PRINTED

pro me.

me of Applicant

C ̂ 6^ /Vacx^5v\I^^UClplicant

N(^d\y Public(y cpmmission expires

.20

APRIL %■, ±JJ-PCJ±J.17

2019.-iBste

12

20, 2014

SECTION IV. OATH AND FEES

All applicants are to complete the following:

I hereby swear that all above information is true and correct to the best of my knowledge.

G) hckx\r.\j^\\l ̂ LLCPRINTED Name of Applicant

Swomrt^and subscribe beforeme, .uuiOm///,, 9^ ^

thisXdayof,/uX^f\( / W 9^ / SIGNATURmf Applicant

- II 7/napr,l

/commission expires: ^ 2019 •' ^ Date

Applicants shall be present aft^tt^Ure-I^a^iiJl^ji^CGmmission Hearing and the Commissioner'sHearing.

This application and the accompanying fee must be submitted to the Zoning Administrator no laterthan three (3) weeks prior to the date that the request is to be considered. Applications shall not beaccepted without the fee. See Zoning Schedule.

The following is a list of fees that shall accompany an application.

If the request is for: FEE

Land Use Map Amendment (if separate from rezoning) $ 100.00Land Use Map Amendment (combined with rezoning) $ 50.00 plus rezoning fee

Rezoning Existing Single Lot for a Single Family Dwelling $ 50.00

Rezoning for Residential Development $ 200.00

Rezoning Existing Single Lot to Commercial, Office $ 100.00

Rezoning for Commercial, Office Development $ 200.00

Rezoning to I-l (Light Industrial) or 1-2 (Heavy Industrial) $ 400.00

Rezoning to PUD (Planned Unit Development) or M-1 (Mining) $ 500.00

Rezoning to BPD (Business Park District) $400.00

Appeals $ 100.00

Conditional Use Permit $ 300.00

Ordinance Text Amendment $100.00

Alteration of Zoning Conditions $ 100.00

Page 12 of 12November 20,2014

ADJOINING PROPERTY OWNERS; Greg Bowen, Part of Parcel Number 0066-0172-002

1. 0066-0172-002

Linn Family Irrevocable Trust

Timothy Ray Linn, Trustee

10 Bozeman Road

White, GA 30184

2. 0066-0172-007

Steven and Darlene Ezell

291 Folsom Glade Road

Rydal, GA 30171

3. 0084-0181-001

Roxanne Long and Rebecca Long Barnes

59 Bellaire Lane

Newnan, GA 30265

4. 0065-0171-001

Alton G. Wright Living Trust

2393 Highway 140

Adalrsvllle, GA 30103

5. 0065^]171-003

Carol Bowen 8t Greg Bowen Revocable Living Trust

6. 0066-0172-008

Gregory T. Bowen, Carol Bowen et a!

BARTOW COUNTY Steve Taylor, Sole Commissioner

Community Development Lamont Riser, PE, OEM. Director

NOTICE OF DECISION BY

BARTOW COUNTY BOARD OF ZONING APPEALS

RE: Variance Request V-2086-16Application by C & G AdairsviUe LLC

To All Interested Parties:

The Bartow County Board of Zoning Appeals considered the above-referenced variance requeston August 17,2016, at its public hearing, held at 4:00 p.m. at the Bartow County Courthouse. Thehearing was advertised and noticed in accordance with the Zoning Ordinance. The applicant washeard, and evidence was presented to the Board.

The applicant sought a variance from Section 7.13.2 of the Zoning Ordinance for property locatedat Midway 140 in Land Lots 171 and 172, of the 6^ District, 3''*^ Section of Bartow County,Georgia. Said property contains 27.23 acres and is zoned 1-2. The applicant sought permission toreduce the buffer to 50 feet for truck parking.

The Board considered the evidence presented by the applicant and concluded that theapplicant had satisfied the standards and criteria of Sec. 14.4.2 of the Zoning Ordinance. TheBoard of Appeals voted to approve the requested variance to reduce the buffer to 50 feet for truckparking for the property located at Highway 140 with the following conditions: 1) afterconstruction, C & G AdairsviUe LLC is to install a single row of Leland Cypress or comparableevergreens (at least 3 feet tall at time of planting and no more than 6 feet apart) starting on theNortheast comer of the newly developed area and proceeding south for a distance of 100 feet; and2) no further use is allowed except what is shown on the site plan and use of the existing bam andit's immediate vicinity for storing mulch.

Signed,

C. Boyd^Morris, III,Acting Secretary to theBoard of Zoning Appeals

August 17,2016

Phone (770) 387-5067 • Fax (770) 387-5644

135 West Cherokee Avenue, Suite 124 • Cartensville, GA 30120-3101

www.bartowoa.ora

3-

Retnrn Recorded DocnmCTt to:Cbristma R. Jeaafeins, LLC10 Soatb Erwia Street

CartersviHe, GA 30120FHeNo: 160400

MA#

REC51V5D

2018

DOC#FILED IN OFFICE4./*27/'20i6 ais54. Pf1&K3 2S30 PG3 4-4.S—4-4-&tIELBA SCOGGINSCLERK OF SUPERIORBARTOU COUNTY

REAL ESTATE TRANSFER TAXPAID = -70

PT-61 0OS--20i 6-001379

STATE OF GEORGIA

GENERAL WARRANTY DEED

COUNTY OF BARTOW

TEDS INDENTURE, made tihe ISthday of April, 2016^ betvtreea TIMOTHY RAY UNN, ASTRUSTEE OF THE THE LINN FAMILY TRUST DATED JUNE 22, 2012, hereiiiaAer calledGiantor, and 0 & G ADAIRSVHLE, LLC of the County of Bartow, and State of Geoigia, as party ofdie second part, hereinaRer called Grantee (the words "GrantoiCs)" and "GranteeCs)" to indude dietrre^ective heirs, successors and assigns where the context requires or permits).

WITNESSETH that: Grantor, for and in consideration of the sum of TEN AND 00/100DOLLARS (S10.00) and other good and valuable considerations in hand paid at and before die sealingand ddiveiy of these presents, the receipt whereof is herdiy acknowledged, has granted, bargained, sold,alienee^ conveyed and confirmed, and by diese presents does gran^ bargain, sdl ahen, conv^ andconjSim unto die said Grantee;

See Exhibit ''A" attached hereto and made a part hereof.

TO HAVE AND TO HOLD the said tract or parcel of land, with all and idngfiar the rights,members and qjpurtenances thereof to the same bein^ bdonging, or in anywise ̂ ertaimng to theonly proper use, benefit and behoof of the said Grantee forever in FEE SIMPLE.

AND TBIE SAID Grantor will warrant and forever defond the rigbf- and tide to the abovedescribed property nnto the said Grantee against the claims of all persons whomsoever.

IN WITNESS WEDEREOF, Grantor has signed and sealed this deed, the day and year firstabove writtsc.

LINN FAMRLY TRUST ̂ TED JUNE 22,2012

(Seal)

LINN, AS TRUSTEE

Signed, sealed and delivered in th^tf^g^goiq^

itness

Notary Public

r a:

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&KS2S30 PG 8 4.4-6

"EXHIBIT A"

LEGAL DESCRIPTION

All that tract or parcel of land lying and being in Land Lots 171 and 172 and beingin the Sixth (6*^) District, and Third (3"*) Section of Bartow County, Georgia, beingshown as 11.651 acres, as per that certain plat of survey for the Gregory T. Bowenand Carol A. Bowen Revocable Living Trust prepared by Knight and Knight LandSurveyors, LLC. Land Surveyor Number 1912, said plat dated March 25,2016,recorded in Plat Book 17. Page4f^ Bartow County, Georgia Records.

IIU

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B0UNDAE7 SURVEY BOB:

6K»;0RY T. BOWBN te CAROL A. BOVBNREVOCABUS UVDrO TRUST

LOCATED IN LAND LOTS 171 & 172.

8TH. 01STRECT,3RD. SECTION.BARTOir COUNTY, GEORGIA

IMTS OP PU« 03/28/2010DAIB OP FIBIO VDSSs 03/17/2010. 03/21/2010.

03/2^12010

N 69-18'50'* B121,61''

N TS'YS'Sa" Et44.88'-i W/P

013W O. VBtSHT08. 2328 <• PO. 774

LL 171

BK77 PGU6FILED

12:39 PM

4/27/2016

BARTOW CLERK OF SUPERIORCOURT COUNTY SUPERIORCOURT

Melba ScoggiosCLERK

N 53"12*47" W

109.06*

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LL 172

N 06^21*06" E146.76'

11.651 ACRES

■107.08' TO A3/41PP (BSRT)

3/<4nw (BBtr)

KNKar as sssassr land subtbydbs, uc.116 CENTER BOAO S.B.CABTBBSVltlB, CSOBra& 30121FHONB: (770) 382-7075 or (770) 382-9526SBAIf-y unjiaMBpw*n-«»om

0 tM 300 450

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0084^202-001

0084-0183-003

0065^150-005

00650150004

0065-0171-001

.00840182-004

00840182-001 \0084-0a03^2- —

__ 00660149-00200660140001 »

00660148001

>4-0181-001-- abosi-oToiool

IB 20194- Parcel Selee

ED 2014 Parcel Sales

2013 Parcel Sales

Bartow County Assessor

Parcel: 14452 Acres: 0

LINN FAMILY IRREVOCABLE TRUST

2506 HWY 140

0 on 2015-01-23 Reason=U Qual=CUVA

10 BOZEMAN RD

WHITE. GA 30184Mail.

2400 4800 ft

$ 391.499

$ 9.500

S 22.900

5 423.899

Land value

BuSding Value

Misc Value

Tolal Value

The Bartow County Assessor's Office makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the dataherein. Its use or interpretation. The assessment information is from the last certified taxroll. All data is subject to change before the next certified taxroll. PLEASE NOTE

THAT THE PROPERTY APPRAISER MAPS ARE FOR ASSESSMENT PURPOSES ONLY NEITHER BARTOW COUNTY NOR ITS EMPLOYEES ASS

RESPONSIBILITY FOR ERRORS OR OMISSIONS —THIS IS NOT A SURVEY—

Dale printed: 05/05/16 : 15:14:04

N Ta'as'ss" E144.00'-

N so'ia'so" s121.01'

N 08*2l'06" B

i46;re'

PARKING

&

LOADINGAREA

N B3»12'47- W

109.08'

SITE DATAOWNER/DEVELOPER:

BOUNDARY&

TOPOGRAPHY

SITE AREA

FLOOD INFO

EXISTING ZONING:

GREG BOWEN

2427 HWY 140 N.W.ADAIRSVILLE, GA 30103770-773-3054

BOUNDARY SURVEY BY KNIGHT & KNIGHT LANDSURVEYORS, LLC, DATED 3.28.16

.11.651 AC

THE SUBJECT SITE IS NOT WITHIN THE 100 YEAR FLOODINTERMEDIATE FLOOD ZONE AS PER FEMA COMMUNITYPANEL #1301500075 G , LAST REVISED SEPT. 28,2007.

A-1

200

-167.0B' TO A

9/41P7 (BINT)

vtnn (iBR)

GRAPHIC SCALE0 200

(IN FEET)1 Inch = 200 ft.

400

WILSONENGINEERING AND CONSULTING. LLC

PO BOX 414, ADAIRSVILLE, GA 30103(770)^81-3390

LL171 & 172,6TH DIST., 3RD SECTION2427 HWY 140 N.W. ADAIRSVILLE, GEORGIA

OWNER/DEVELOPER:

GREG BOWEN24 HR CONTACT: GREG BOWEN,

2427 HWY 140 N.W. ADARISVILLE, GA30103PHONE: 770-773-3054 PROJ#16- DATE: 5.7.16