Coweta County commissioners at a July 28 called meeting extended the temporary certificate of occupancy (CO) for NCG Cinemas at Fischer Crossings in east Coweta for another 90 days, but not before substantial discussion and the imposition of several time-sensitive requirements.
Though largely the responsibility of the developer, commissioners agreed with NCG’s offer to put money in escrow to cover the intersection improvement, the closing of an access drive to Wynn’s Pond Road and other issues.
NCG essentially agreed to temporarily pick up the tab for the intersection improvement at the intersection of Ga. highways 34 and 54 to give Fischer Crossings developer Scott Seymour time to close the purchase agreement with Kohl’s, expected to anchor the northeast corner of Fischer Crossings. NCG Cinemas is also located on a portion of the northeast section.
NCG attorney Kevin Moore in a July 25 letter said the theater company would put up $300,000 for the intersection improvement, lowering of gas lines at the intersection, the permanent closure of the access drive at Wynn’s Pond Road and bringing two fire hydrants into compliance. That amount comes from $100,000 owed to Seymour and another $200,000 that NCG would recoup from Seymour after the Kohl’s closing. The money will be put in an escrow account.
The 3-1 vote by the commission extends the temporary CO for 90 days and comes with benchmark requirements. Developer Scott Seymour has until Aug. 5 to have installed a permanent gate on the north side of the property where an access driveway from the theater parking lot joins Wynn’s Pond Road. A locking gate or equivalent structure, accessible only to emergency response crews, will accompany a berm or fence on either side of the roadway to prevent vehicles from driving around it.
The other major benchmark comes at 30 days when the expanded Hwy. 34/54 intersection is required to have the remaining portion of the hill removed and the gas lines lowered so that the entrance to the retail area can be accessed as designed.
The motion also included the stipulation that the temporary CO would be cancelled if any of the benchmark timeframes were not met.
Commissioners Tim Lassetter, Paul Poole and Rodney Brooks voted to extend with temporary CO, with Chairman Brooks having made the motion. Commissioner Al Smith was opposed, citing the absence of any obligation by the county to extend the CO, the absence of NCG officials at the meeting and an April statement by NCG principal Jeff Geiger that he would be comfortable with closing the theater if the original temporary CO deadline was not met.
Smith prior to the vote also wanted the county to issue a citation to NCG. That suggestion was countered by County Attorney Nathan Lee and County Administrator Theron Gay, both of whom explained that going that route would send the matter to the court system which would likely take longer than 90 days to resolve and could potentially be met with legal action by NCG Cinemas.
Although Fischer Crossings project engineer Nick Sawka at the meeting had previously stated that NCG’s attorney was on vacation and Geiger was on his honeymoon, Smith maintained that the theater should have had representation at the meeting.
“I think NCG is in default at this point and I’m not in favor of any extension,” Smith said. “I’m not saying to chain the doors. If we extend it they’ll they’ll be sitting back laughing and giggling.”
Lassetter and Brooks disagreed, noting that while the intersection expansion and access road were not their responsibility, NCG had shown good faith and were willing to put up their own money to have the work done.
“The big ticket item is the intersection and it’s not on NCG property,” Brooks said, noting that the majority of the conditions on the CO list still outstanding are the responsibility of the developer and not the theater company.
Lassetter prior to the vote also echoed the sentiments of Brooks and Poole in terms of another aspect of the issue. They noted the bare land sitting at the intersection for the past two years, adding that not extending the temporary CO could result in even further delays in having the area utilized as intended in the previous rezoning and permitting process.
Brooks after the vote said he did not want to have to address the issue again.
NCG on April 21, and in conjunction with its opening, was issued a temporary CO good for 90 days. The temporary CO that expired July 21 dealt primarily with the as yet uncompleted intersection improvement at Hwy. 54 and Hwy. 34 where Hwy. 54 turns south. The intersection must be expanded to include a main entrance to the northeast portion of the Fischer Crossings development, the area in which NCG is located.
The hold-up, then and now, was said to be the closing of the Kohl’s department store that is to be located on the other side of the large northeast corner of the Fischer Crossings development, essentially across Fischer Road from the Sam’s Club store.
Commenting on the delay, Sawka said that due to second quarter earnings coming in lower than expected Kohl’s stockholders are requiring that all projects in the design phase nationwide be reviewed. That review is expected to be completed by August when the closing is expected to occur, Sawka said. Kohl’s had already pushed back the closing in May, June and July.
Commissioner Bob Blackburn was not at the meeting. Brooks at the meeting’s end read a statement from Blackburn noting his affiliation with the Featherston Fishing Club, owners of the Wynn’s Pond area.
