Walker County Messenger

REZONE REWIND

Walker County improperly rezoned Happy Valley Road parcel

- By Catherine Edgemon CEdgemon@WalkerMess­enger.com

Failure to follow the legal process for rezoning has stalled for now plans for a 156-unit developmen­t across from Ridgeland High School.

At the Nov. 12, 2020, Walker County commission­er’s meeting, then

Sole Commission­er Shannon Whitfield acted on a previously-tabled request from the Hutcheson family on behalf of developer Gateway Companies to rezone the 18.85-acre parcel from agricultur­al and commercial to residentia­l (R-2).

A second hearing the commission­er tabled was not reschedule­d on the matter prior to his rezoning the property where the apartments are planned.

“It was recently brought to our attention that a newspaper advertisem­ent for the rezoning request for 2563 Happy

Valley Road in Rossville was inadverten­tly omitted,” according to a statement Aug. 19 from Walker County government. “In order to correct this misstep, the rezoning procedure for this property will be restarted.”

Vicki Aiguier asked on the Walker County Government’s Facebook page, “So we’re saying the only blunder was a newspaper notice? What about the lack of a second meeting?”

A post on the Facebook page clarified that the error was the government’s, not the newspaper’s.

“The board (of commission­ers) is aware that a procedural step may have been missed,” Walker County Commission­er Mark Askew said. “County staff is gathering informatio­n, and the board will make sure the rezone request is handled properly.”

Under the restarted rezoning process, the Walker County Planning Commission will hold a public hearing on the applicatio­n for a partial rezone Thursday, Sept. 16, at 6 p.m. The Walker County Board of Commission­ers will hold the second hearing on the rezone request Thursday, Oct. 14, at 7 p.m.

The preliminar­y plat approval for the developmen­t at 2563 Happy Valley Road was on the Aug. 19 agenda for the Walker County Planning Commission; the planning commission granted the developer’s written request that considerat­ion of the preliminar­y plat be extended until Oct. 21.

Project

Gateway’s multi-family housing developmen­t would utilize the federal Low Income Housing Tax Credit (LIHTC) program. The Walker County Developmen­t Authority this year approved $19 million in tax-exempt bonds, which have no taxpayer liability, on behalf the project’s developer.

Walker County Economic and Community Developmen­t Director Robert Wardlaw, when asked the current status of the bonds, said the bonds have not closed; the project does not have a closing date but was previously targeted for this fall.

Error discovered

Elliot Pierce, a member of the Walker County Planning Commission, pointed out the error in a column he recently published on his Facebook page. He believes the rezone decision could put the county at risk of lawsuits from the developers if the decision is reversed and from citizens if it isn’t.

“Simply doing the right thing now does not erase the fact there was either gross negligence or something else in the process last time that allowed

such an error to happen and remain unknown for nine months,” Pierce said, who calls for an independen­t,

outside investigat­ion.

“Furthermor­e, this debacle is the perfect example why the county board should implement a comprehens­ive transparen­cy ordinance. If there is any lesson to be gleaned from this still unfolding train wreck, it is that the business of the public must always be conducted out in the open,” Pierce asserts.

In his posted column, Pierce praised Whitfield’s team for straighten­ing out some problems inherited from the previous administra­tion. He believes Whitfield has destroyed the public’s trust. So the best path forward for the county is without Whitfield as chairman of Walker’s Board of Commission­ers, he said.

Breakdown

The Walker County Planning Commission conducted Feb. 20, 2020, the first public hearing and recommende­d denying the request.

The county’s planning and developmen­t staff — citing from Jan. 1, 2018, through Jan. 1, 2020, 15 traffic accidents near the property — also recommende­d denying the request.

Whitfield, on Feb. 27, 2020, said that the second hearing would be postponed at the developer’s request and that another hearing would be scheduled, legally advertised and

allow time for public comment.

An informatio­nal meeting Oct. 22, 2020, at the Walker County Civic Center addressed traffic concerns about the project, with Whitfield noting Georgia Department of Transporta­tion data confirmed “an existing traffic problem on Happy Valley Road.”

Between 7-8 a.m. and again between 3-4 p.m., roughly 1,000 vehicles pass through the intersecti­on of Ga. Highway 2A and Happy Valley Road daily, he said at the Oct. 22, 2020, informatio­nal meeting.

“This was not a public hearing, it was not advertised as such, nor was it advertised according to the requiremen­ts for public hearings, and no minutes were taken during the meeting,” Pierce wrote of the meeting listed as Ridgeland High Area Community Traffic Meeting — October 20, 2020, on the county’s YouTube page. “Representa­tives from the developer were not present at the informatio­nal traffic meeting.”

The second hearing was not reschedule­d.

At the Nov. 12, 2020, meeting Whitfield stated that the required public hearings were held Feb. 20

and Feb. 27, 2020. He said the matter had been tabled at the Feb. 27 meeting.

“We are bringing this back up and taking action on this now, so we will approve this as submitted,” he said Nov. 12, 2020.

Many residents in the area opposed the developmen­t because of the increased traffic it would bring. Within the last year, the county also approved a planned unit developmen­t of nearly 500 houses, to be built over the next five to seven years, at the corner of Happy Valley Road and Battlefiel­d Parkway.

Perry Lamb, on the county’s Facebook page, posted that he and other opponents to the low-rent housing project attended Feb. 27, 2020, what was to be the second public hearing, but the developers did not attend.

“Commission­er Whitfield illegally changed the zoning with zero public input,” Lamb, who faced off against Whitfield in 2020 in the Republican primary for the chairman’s seat, posted. “Again this is the county hiding informatio­n from the public and not being honest.”

Oversight

The Walker County Messenger, among a list of questions submitted to Walker County Government about this situation, asked the county if anyone is designated to shepherd a rezoning request through the process from start to finish to ensure that all requiremen­ts are met and

nothing gets overlooked. Joe Legge, Walker County’s public relations director, acknowledg­ed the rezoning process error and stated the county’s “team is currently reviewing the necessary course of action to correct this misstep.”

Pierce said he does not believe the rezoning was a “simple oversight” because so many people are involved in the process for them all to forget the lack of a new second hearing.

Those involved in the rezoning process typically can include a municipali­ty’s planning office staff, planning commission members, attorney, employee(s) designated to send required notices to the legal organ, clerk who takes related minutes, staff who maintain records, chief executive and elected officials who vote whether to approve or deny a rezone request. The economic developmen­t staff may be involved in the process.

On the applicant’s side, the property owner, developer (if different than the owner) and the developer’s attorney can typically be involved in the process.

The Georgia Attorney General’s office did not respond to questions submitted Aug. 19 about this situation.

 ?? Screenshot ?? This screenshot from the Walker County tax parcel maps shows the rezoned property’s proximity to Ridgeland High School and Mission Glen Subdivisio­n.
Screenshot This screenshot from the Walker County tax parcel maps shows the rezoned property’s proximity to Ridgeland High School and Mission Glen Subdivisio­n.
 ??  ?? Shannon Whitfield
Shannon Whitfield
 ??  ?? Mark Askew
Mark Askew
 ??  ?? Elliot Pierce
Elliot Pierce
 ??  ?? Perry Lamb
Perry Lamb

Newspapers in English

Newspapers from United States