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Resubmitted townhome rezoning deferred so county can tie approval to code‑violation fixes
Summary
A rezoning application for a 97‑lot townhome community in Lithia Springs (Z2026‑07) was deferred to March 3 after code enforcement described recurring violations on the parcel; staff and the applicant agreed a 30‑day deferral will let legal draft enforceable conditions requiring remediation during the 24‑month vesting period.
Douglas County planning staff and the planning board on Feb. 3 agreed to defer a rezoning request for a proposed 97‑lot townhome community (Z2026‑07) after county code enforcement summarized longstanding violations on the subject parcels.
Zoning administrator Austin Cronin told the joint meeting the 13.4‑acre site sits in Commission District 1 and is intended for a townhome development with 97 lots; staff recommended approval with conditions including a restriction that the approval apply to townhomes only and that any change in unit type require resubmission. Cronin noted the applicant previously sought 101 units and was denied in 2025, principally over access off Boyd Street; the applicant now proposes access on Veterans Memorial Highway.
Chief Code Enforcement Officer Russell Tizone said his department had documented multiple complaints and violations over the past two years — asphalt millings stored and sold on site, removal of trees that provide required buffers, signage in the public right‑of‑way, litter, and illegal vehicle storage — and that although recent spot checks found the largest piles removed, the parcel has not been consistently compliant.
Counsel for the applicant, Henry Bailey, said the owner has not previously received formal violation notices and expressed willingness to cooperate; property owner Michael Forlaw told the board he would work with code enforcement. Planning staff and legal said they preferred to defer the case 30 days so legal could draft a condition requiring the property have no active code enforcement violations within the 24‑month vesting period or require the rezoning be returned to the board for reconsideration.
Planning & Zoning Board member Brandon (as recorded in the minutes) moved to defer the application to the March 3 planning board meeting to allow legal to prepare precise conditions; the board approved the deferral unanimously. The Board of Commissioners later voted unanimously to defer Z2026‑07 to the March 3 joint meeting.
What happens next: Staff will work with legal to draft enforceable vesting‑period conditions; the case will return to the March 3 joint meeting for consideration with proposed language attached.
