Will the Beazer zoning be heard next Wednesday by City Council?
The issue of whether the zoning will be heard by Marietta City Council next Wednesday the 14th needs to be clarified. Here is an explanation.
As you know, Cobb County objected to the Annexation as allowed by HB 489 based on the fact that it creates a material burden on the county directly related to: 1. The proposed change in zoning; and 2. The proposed increase in density.
The application also has an overall density of 3.4 units per acre which exceeds the agreed to maximum allowable density of 3 units per acre in LDR under HB 489 agreement.
The Georgia Department of Community Affairs has agreed to accept this dispute for arbitration. There is a process that has to be followed. The City and County are only beginning to select who they would like to handle the arbitration. Here is a link to the DCA Arbitration process:
The City Council may not act on the Zoning and Annexation until the objection is resolved. Given the short time frame until next Wednesday and the fact that the process is JUST getting underway it is unlikely although maybe not impossible that this would be wrapped up in time for the next Council meeting.
But if you would rather hear a legal opinion, here is a link to the video of the Planning Commission Meeting. It started at 26:40 minutes into the video. Attorney Doug Haney is advising the Planning Commission on the pending county objection and that they, the city planning commission can go ahead and recommend an action, but it may be delayed before getting to the City Council. In the end, they deadlocked in their votes, 3-3 on rezoning, 3-3 on annexation and 3-3 on land use change.
Hopefully that explains the process that must be followed. How quickly it will happen we don't know yet. But I will stay on top of if and will update you with any new information.
Carol Brown, M.R.P. Canton Road Neighbors, Inc.