Sunday, October 16, 2011

Peachtree Corners – City Borders and Voting Districts

A frequently asked question is “How did you determine the city borders?” Especially as the city map shows borders well beyond the traditional “Paul Duke’s” Peachtree Corners.

There were several factors involved in setting the borders. The starting point was the original foot print of Peachtree Corners. The next factor was the location of the Peachtree Corners Overlay District.

As we mentioned in our last blog, the overlay was created “to provide enhanced aesthetic design for non-residential projects.” The overlay boundaries were drawn to include those non-residential properties located within unincorporated Gwinnett County that are close enough in proximity to the center of Peachtree Corners to impact property values and quality of life. The overlay also protects the property value of neighboring non-residential properties by ensuring uniform maintenance and development standards.

When the work began on the charter, setting the city boundaries was part of that task. There was a great amount of research done to ensure our boundaries would be legal. The first place to check was with county officials. The response from the County was essentially that since 2007, both the overlay and the original area were considered Peachtree Corners. Notice on the linked maps, how close the city boundaries are to the overlay boundaries set in 2007. The next step was to contact our Representative Tom Rice, who guided us through the process with the State. His feedback from the State officials familiar with developing boundaries was to round out the overlay borders to the nearest arterial transportation route or contiguous incorporated area, rather than leaving a small strip of unincorporated Gwinnett between Cities. This included extending our boundaries along Winters Chapel Road and over to Buford Highway along both sides of Norcross.

The final factor influencing our boundaries was the Voting Rights Act of 1965. The Voting Rights Act of 1965 prohibits states from imposing any "voting qualification or prerequisite to voting, or standard, practice, or procedure ... to deny or abridge the right of any citizen of the United States to vote on account of race or color.” The City must receive clearance from the US Department of Justice for compliance with the Voting Rights Act of 1965 before the referendum.

We consulted with the State Attorney General’s Office and asked if pulling back from the overlay could be the kind of event that the DOJ might identify as having an impact on someone’s right to vote for the candidate of their choice. The area referenced was City Voting District 1, which has a higher African American population. The answer was yes, that is exactly the kind of thing that the DOJ would be concerned about. In other words, if we pulled back from the overlay district, it could appear that we were excluding this area in order to reduce the population of African Americans in the City. We also requested the State’s Reapportionment Office to draw the City Council districts so that they met the requirements of the Act.

As you can see, setting the city boundaries was a long and difficult process. But extraordinary research by the team into the proper way to do this ensures that the city of Peachtree Corners will be a well-balanced, diverse and vibrant community.

In our next blog, we will begin a series of blogs on the City Charter. Please email us at blog@upcca.org with any questions about city issues or suggestions for future blogs.