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Council hears Merrill rezoning for 525‑acre village and debate over development agreement/TDRs
Summary
Staff presented a 525‑acre Merrill rezoning proposing about 2,000 homes and generation of roughly 1,475 TDRs; the applicant withdrew a prior variance and resubmitted with full buffers. Councilors raised concerns about whether the development agreement sufficiently controls deferred payments and how the project interfaces with neighboring jurisdictions and transportation approvals.
Staff described the Merrill rezoning application as a request to allow a 525‑acre village at South Fulton Parkway and Cochran Mill Road with residential and commercial uses. "Application of 525 acres at the corner of South Fulton Parkway and Cochran Mill Road... Those 2,000 residential units plus commercial, it would generate, 1,475 TDRs, a transfer of probably around $30,000,000 from development into the owners of the rural district through TDRs," a staff presenter said.
The applicant withdrew a proposed variance and resubmitted the plan with full buffers, the applicant's representative said. Council members questioned the draft development agreement attached to the rezoning, calling parts of it a "menu" of options and warning the agreement could allow deferral of payments ‘‘virtually forever.’’ One member described a significant weakness in the application as an absence of clear connections between the project and neighboring developments — particularly transportation networks and notices of decision that could affect intersections and traffic mitigation. Staff said zoning controls remain primary for dimensional and use standards but that the development agreement governs transactional and optional provisions tied to the TDR program. Councilors requested additional detail before any formal action and flagged interjurisdictional coordination as a follow‑up task.
