Lockwood wants Milton zoning case revisited

Milton Mayor Joe Lockwood asked City Council Jan. 5 to take another look at a Dec. 15 rezoning that passed after having the total square footage allowed on site cut by a third.

The rezoning will be heard again at the meeting Feb. 2. It concerns a proposed home fashion business which is to be on a 2.26 acre lot fronting Ga. 9 and is planned for 28,260 square feet of space.

It was previously zoned through Fulton County for a little less than 19,000 square feet – the number with which the majority of council felt comfortable after citing concerns about tree coverage and too much density on site. That majority was council members Julie Zahner Bailey, Tina D'Aversa and Alan Tart.

They outvoted Lockwood and Burt Hewitt, who were in the minority of a motion that might have been different if Bill Lusk and Karen Thurman were able to attend.

"After the meeting, I was approached by certain council members, staff and our city attorney – they had concerns," said Lockwood. "It's unfair. After the vote the applicant was walking away with a rezoning he didn't ask for.

"He had no input on what he got and now has less than what he had originally."

Both staff and planning commission had recommended approval of the project, but members of the design review board said the density was too much. Zahner Bailey cited their opinion in positing the motion that the density on site be lowered.

When Lockwood brought up revisiting the issue, Zahner Bailey asked City Attorney Ken Jarrard, who also was absent at the Dec. 15 meeting, if the city was in danger of being sued over the decision.

"They haven't done what they need to challenge," said Jarrard. "It is not an immediate legal threat."

Though this is the first time a zoning issue has been revisited in Milton, Jarrard said it is not altogether uncommon.

"But you would obviously hope it would not be used that often," he said.

Zahner Bailey said she can't understand why the issue would need to be revisited if it poses no legal threat or violated any procedures.

"A majority legally approved this rezoning on Dec. 15," she said.

"It was consistent with board policy adopted from Fulton County and with what our citizens are requesting."

She said her motion was the best compromise, as it allowed trees to be saved and business needs to be met.

"I'm a huge proponent of appropriate development on Ga. 9," she said. "But this project was more than it could hold."

D'Aversa said though she voted for the downgrading of the project, she understands why it is important to look at the issue again. And, she said, it's not a simple "re-do."

"The mayor has asked for a rehearing because the applicant wasn't prepared," she said. "It's in fairness to everyone."

D'Aversa said it was clear that the applicant believed their case was a "slam dunk" because it had been approved by staff and the planning commission. Thus, they were not prepared for the final vote of council that could drastically affect the fate of their business.

"It was kind of an abrupt decision," she said. "They weren't prepared for their specs to be changed. I'd like to give them a chance to have changes they prefer to make — rather than just making them ourselves."
- www.northfulton.com

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