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Chattahoochee Hills council defers Merrill Trust rezoning after large turnout of residents

Chattahoochee Hills City Council · September 6, 2024
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Summary

After an extended public hearing with dozens of residents urging the council to preserve the city’s rural buffer standards, Chattahoochee Hills council voted to defer action on a Merrill Trust rezoning, related buffer variance and the development agreement until next month to avoid legal risk and consider them together.

The Chattahoochee Hills City Council on Sept. 5 deferred a contested rezoning request from Merrill Trust affecting roughly 520 acres at Cochran Mill Road and South Fulton Parkway after hours of public comment and council debate.

City planning staff described the proposal as a rezoning from RL (rural) to VL (village) and outlined requests to eliminate or sharply reduce required buffers along portions of Cochran Mill Road and South Fulton Parkway — changes staff said could remove 300-foot and 150-foot buffers in some stretches and reduce others to about 60 feet. The applicant’s planning consultant told the council the design seeks a walkable village core and rests on a framework plan that will require later design approvals.

Residents filled the council chamber during the hearing. Several speakers warned the project would substantially increase population and traffic near Cochran Mill Park and argued the submitted plan relied on variances that undermine its claimed walkability. Maria Hanson told the council: "Please, for the love of God, do not grant him an inch of variance." Another long-time resident said the village would put development bordering the scenic byway and asked the council to hold firm to the city’s rural vision.

The applicant’s representative urged the council and residents to review the staff report and descriptions of conditions, saying the concept plan is intended as a framework and that subsequent phases would require separate design approvals before buildings are built or occupied. The city attorney advised caution after an advertising error earlier in the process split the buffer variance from the rezoning on the agenda and recommended the council act on both items together to reduce legal risk.

Faced with that procedural risk and substantial public opposition, the council moved to defer action on rezoning ordinance 23-044, buffer variance 24-046 and the related development agreement 24-052 until the next meeting. The attorney said deferral and joint consideration would better protect the city and allow additional public notice; the council approved the deferral vote by voice.

Next steps: the council will place the rezoning, buffer variance and development agreement on a future agenda together so the legal and substantive issues can be considered in a single, fully noticed action.