Public questions UDC draft's separation from comp plan; county staff says zoning tie-in will be in next installment

At the Jan. 21, 2025 Cobb County Board of Commissioners meeting, a resident raised legal and procedural concerns about the county's draft Unified Development Code (UDC), asking whether the UDC would sever the longstanding practical link between the comprehensive plan and zoning. Community Development Director Jessica Gwen responded that the UDC is being released in three installments and that the zoning-related tie-in and references to future land use categories will be included in the second installment.

James Rasek, who identified himself as a resident, told the board the draft UDC and a prior code assessment suggested the official zoning map could be established without an accompanying future land use map and said that could jeopardize the county's qualified local government status under state law. Rasek cited OCGA 50-8-2 and a 2001 court case, saying, "Divorce was planned from the start." He asked the county to seek legal counsel before proceeding and referenced a Pennington v. Rockdale (2001) ruling as an example where a zoning denial was upheld based on consistency with a comprehensive plan.

Jessica Gwen, Community Development Director, told the board the county has published the first installment of the UDC, which covers administrative and procedural chapters. She said the second installment, which will address zoning districts and standards and is where references to the comprehensive plan and future land use categories belong, is expected soon and will be shared with commissioners and the public for review. Gwen said the county's consultants had produced a code assessment in November 2023 and that the current UDC draft has been restructured into three installments to allow staged public review.

Commissioners asked clarifying questions about what is included in the first installment and whether subsequent installments will restore or retain references tying zoning to future land use categories. Gwen said the county intends to include the typical crosswalk between FLUM categories and zoning districts in the UDC's zoning chapter and that staff will hold public meetings and a board work session to review the upcoming installment. A board member moved to schedule UDC discussion at the February work session; staff confirmed multiple public meetings are planned and said revised draft materials are posted on the county website.

Ending — The board directed Community Development staff to provide follow-up materials and scheduled further review of the UDC, including a February work session. Staff said they will circulate updated draft installments to commissioners and hold public meetings before final adoption steps.