Planning and Zoning - Zoning Change Process

There is a debate on the Patch about the new development along Bush Road. While the development itself is not an issue, the siting of the entry and the detention pond are a concern for those nearby. Plus there is a concern about clear cutting. Some potential City Council members and the Mayor Designate were contacted with the idea that they would intervene. I wanted to take a few minutes to clarify this issue and the role of the City Council in zoning.

First, only construction or a request for use that does not match the current zoning on the property needs to go through the approval process. Any use that matches the existing zoning does not require approval. If your zoning allows a gas station, you can build one.

As to the role of the Mayor and City Council, they will not be able to advocate for homeowners in cases like this. They will serve as independent arbiters and will decide to either approve, deny, or condition the request for a zoning change. They will make that decision based on the recommendation of those who will review the plans, knowledge of the area and the impact on nearby properties, input from surrounding property owners, and input from the developer.

For now, as the city does not yet have a process in place, I will use the county as an example. In the case of property owners impacted by the development, the first thing you need to do when you get the required notice of the zoning change request is to review it to determine the impact it could have on you. If you find the request has some problems, contact the developer or their agent (usually the agent) and set up a meeting with them and as many of your neighbors as you can round up. The larger the gathering, the better.

The purpose of the meeting is to get the facts from the developer, let them know of your concerns and try to work out a good compromise. The meeting should be cordial, not confrontational. For the record, neither party will walk away with everything they want. If a compromise is worked out, the request for the change will be modified and the modified request will be presented at the Planning Commission meeting.

If a compromise is not reached, then you take further action. Contact your Planning Commissioners and your district representative on the Board of Commissioners (Lynette Howard for Peachtree Corners) with your concerns. Do it politely and in writing. You could also include a petition with signatures. They will not be able to advocate for you. But they can advise you on the process and ensure you have the information you need.

In any case, get together a gathering of people to attend the Planning Commission meeting. You will be given a certain amount of time to speak. Within that time, you can have multiple speakers. If you agree with the conditions, say so. If you still have reservations about the request, list them out. If a compromise has not been reached, wear red shirts!

It is possible that the Planning Commission will further modify the request. Once the Planning Commission votes to approve, approve with conditions or deny the request, it then goes to the Board of Commissioners.

If you are in agreement with the Planning Commission decision, you still want to go to the Board of Commissioners meeting to show your support for the conditions that were added. If you disagree, you should let your Board of Commissioners know, in writing, of your concerns and that you will attend the meeting in opposition. Wear red shirts to that meeting!

The Board of Commissioners makes a decision independently. They are not obligated to rubber stamp the Planning Department’s recommendation or the Planning Commission’s decision. They can further amend the request, approve as presented or deny.

The Board of Commissioners decision is final. So it is critical to be proactive when a situation like this arises. The only way the decision can be overturned is in the courts. In most cases, it goes to court when there is a denial. So it is critical that a denial has a firm basis in fact.

Here is the kicker with a denial. If it is overturned in court, the original request is approved, without any conditions that could make the request more community friendly. So in most cases, it is better to reach a compromise that benefits all parties, than to outright deny a request. The Roberts property is a prime example of what can happen when a request is denied.

Once the city stands up, we will begin to take charge of our own zoning. The county zoning ordinances and the overlay district will be adopted. Then we can move forward with our own long term land use plan. In cases were zoning changes are requested, we will have our neighbors making the decisions. I believe that means we will have better decisions.

Please visit my web site http://jeanne4peachtreecorners.com/ to learn more about my background and positions on the issues. I hope I have your vote for Peachtree Corners City Council At-Large Post 4 on March 6th!