In regards to the Six (6) Parcels of land that are part of the Etowah Bluffs Development, the Rezoning process appears to have violated Georgia’s “Zoning Procedures Law”, as codified in GA Code § 36-66-1 et al. GA Code § 36-66-4 specifies the legal requirements for Public Notice prior to a Rezoning Hearing. Below is an excerpt from GA Code:
36-66-4
(a) A local government taking action resulting in a zoning decision shall provide for a hearing on the proposed action. At least 15 but not more than 45 days prior to the date of the hearing, the local government shall cause to be published within a newspaper of general circulation within the territorial boundaries of the local government a notice of the hearing. The notice shall state the time, place, and purpose of the hearing.
(b)(1) The notice, in addition to the requirements of subsection (a) of this Code section, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and
(b)(2) A sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing.
1st Matter of Law:
In the matter of Rezoning Application ZA 22-04, the County failed in the Newspaper publication to specifically list “the present zoning classification of the property” in regards to each individual property. (Specifically Parcel 104 065, Parcel 112 018, Parcel 112 109 and Parcel 113 057 002). Their “present zoning classification” is RA (Residential Agricultural). Instead the County commingled six (6) separate Properties into a single representation when listing the “present zoning classification”. This appears to be an effort to deceive the residents of the County regarding the impact and extent of the proposed zoning classification changes.
(See EXHIBIT A for a copy of the published Newspaper Notice.)
Note: The actual Rezoning Application (see EXHIBIT B scan) that was filed also only lists a single Parcel (Parcel 112-019 – 352 acres previously zoned for Southern Catholic College). This is deceptive, as Six parcels are being rezoned, and total 518 acres. Furthermore, under “Proprty Owner/Property Information” at the bottom of the Application page, the “Street Address of Property being rezoned” is listed as “NW CORNER OF LUMPKIN CAMPGROUND ROAD AND GA 400”. Parcels 104 065 and 112 018 (both currently zoned RA / Residential Agricultural) have frontage on Hwy 53, and on the Etowah River, and are nowhere near Lumpkin Capground & Hwy 400. Again, this appears to be an intentionally deceptive attempt to misdirect the public away from the Etowah River / Hwy 53 aspect of this potential Rezoning.
2nd Matter of Law:
In the matter of Rezoning Application ZA 22-04, the County failed to place the required “sign containing information required by local ordinance or resolution shall be placed in a conspicuous location on the property not less than 15 days prior to the date of the hearing” on three of the specific Parcels (Parcel 104 065, Parcel 112 018, and 113 057 002). Their “present zoning classification” is RA (Residential Agricultural). Indeed the County NEVER placed a sign on any of these 3 referenced properties at any time during the process. (For evidentiary purposes, Some Residents have video documented these sites at various times, showing they did not have proper signage. Indeed, even the Meeting Agendas from March, April and May all fail to show a Zoning Sign for these parcels in the packet, even though others are shown).
Some might argue that these are small matters of insignificance or technicality, but let us remember that the infamous gangster, AL Capone, was himself never able to be convicted of any of his major crimes (murder, gambling, drug running, etc) but was himself brought down by a technicality on some unpaid taxes. Even little laws can have big teeth, and are important to a functioning society.
This author does not know who was utlimately responsible for this apparent attempt to deceive the public (and possibly the Planning Commission and Board of Commissioners). However, almost immediately after taking office last fall, our new Planning Director (Sharon Farrell) engaged in a rather chummy series of emails with the Developer’s representative on October 6, 2021, saying, “I am going to take the lead on this project” just 2 days before Fox Creek filed the Rezoning Application.
A big question in all of this is…. did any of this actually have an IMPACT on the public’s understanding of the Rezoning? Local Facebook comments are rampant with misinformation from good and decent County Residents that clearly believe that “The Property” is already zoned to allow “even worse” than what is being sought, and clearly are not aware that half of the parcels (representing 162 acres directly on the Etowah River) actually have a “present zoning classification” of RA / Residential Agricultural. Again, there has been an attempt to deceive the public ito believing that this entire rezoning primarily involves only the old “Southern Catholic College tract (Parcel 112 019).
Someone in the County appears to have orchestrated an intentional misinformation strategy by failing to follow proper Public Notice (in violation of Georgia’s “Zoning Procedures Law”) in an attempt to deceive the public and spread confusion over the Rezoning being sought. The Board of Commissioners needs to shut down this Rezoning Application dead in its tracks, and launch an investigation into how this enormous, and potentially fraudulent, waste of County time and resources was allowed to proceed in such an illegal fashion. They should further look into Planning Director Sharon Farrell’s role in the process.
The entire process should be restarted from the beginning (New Application, Proper Hearing Notices, and a New Review by the Planning Commission).
If YOU have resolve in this matter, you are encouraged to share this article widely, email your commissioners, attend the May 19 BOC Meeting.
Disclaimer: The author of this article is not a licensed attorney, and none of this should be construed as legal advice.
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This is the 4th Article in our Series on “Etowah Buffs – Fox Creek Development” to continue right up the May 19th Voting Deadline. If any North GA Residents feel they have something to contribute to this project, please visit our “Citizen Journalist” and “About” pages to learn more.
Peace,
– david / publisher
Citizen Journalist Cooperative (CJC)
publisher@cjc.news
* a publication of The Mountains Voice
