Showing posts with label
Peachtree Corners Planning and Zoning.
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Showing posts with label
Peachtree Corners Planning and Zoning.
Show all posts
This blog begins a series describing and explaining the provisions of our city charter. Essentially, the charter provides the foundation and structure for our government. In this blog, we will explore how the charter defines the legal powers of the city and the services those powers allow the city to provide.
In future blogs, we will explore other sections of the charter. The first paragraph of the charter summarizes this key concept of powers and services.
Section 1.12 (a) defines the comprehensive powers of the city government. These powers define what the city of Peachtree Corners is authorized to do in the provision of services. The listing of powers includes animal control, appropriations and expenditures, fire regulations, health and sanitation among many others. These are standard and expected powers for any city. In 1999, Berkeley Lake’s charter was revised. You can see that the powers are very similar to those authorized for Peachtree Corners.
The key difference between us and any other city is in Section 1.12 (b) of our charter. This section spells out the specific services the city will provide: Planning and Zoning, Code Enforcement and Solid Waste Services. The charter specifically states that the comprehensive list of powers can only be exercised in the provision of these three services. If a power is not required for the provision of these services, the power is authorized but cannot be exercised.
Because we have chosen to limit the services we can provide by charter, we refer to Peachtree Corners as a “limited services city” or a “city lite.” But from the point of view of authorized powers, we are similar to other cities.
What if in the future citizens want to add services to the city? The charter was written specifically to allow the provision of additional services. There is a two-step process to add a service.
First, the city council must pass a resolution stating the specific services to be provided. Then, the resolution must be ratified in a referendum by the citizens of the city. In other words, the council proposes and the voters approve or disapprove the proposal. If the referendum is approved, the city is authorized to provide this service. If the referendum is defeated, the resolution is immediately null and void.
This gives remarkable control of city services to the citizens of Peachtree Corners. It ensures that no service can arbitrarily be added by a simple vote of the city council. It also allows Peachtree Corners to amend the city charter without having to return to the legislative process.
So while the services provided by the city are limited, there is an ability to provide additional services if we chose. However, the process provides checks and balances to ensure that the services provided are those desired by both the city council and a majority of the citizens of Peachtree Corners.
In the next blog, we will discuss taxes and the city charter. Please e-mail us at blog@upcca.com with any questions or ideas for future blogs. Or you may use the Comment Box below to post questions or remarks.
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.
The most important service the city will provide is Planning & Zoning. Almost everyone is familiar with the concept of zoning. The zoning categories determine the permissible uses for a parcel of land. In general, the categories are residential, commercial (retail and restaurants), office and manufacturing/industrial. Even within these categories, properties can be restricted as to the specific type of use. The restriction is generally because of the nature of the surrounding properties. For example, a commercial property’s general zoning classification allows a gas station. But the specific zoning for that property could exclude the gas station while allowing other retail because the area around or close to the property is residential. Gwinnett County has a zoning FAQ with more information about zoning.
Zoning changes are usually requested when a property owner wants to use the land for something that is currently not permissible under the current zoning requirements for that property. We generally become aware of zoning when someone requests a change to the current zoning of a property nearby. We either see the yellow sign on the property or receive a letter in the mail. Currently, zoning changes in our community are approved by the Gwinnett Board of Commissioners. We only have one representative on the Board. The remaining decision makers have no stake in Peachtree Corners and decisions may be made that negatively impact our community.
Planning is somewhat less familiar to most citizens but critically important in assuring a community has balance between areas where people “work, live, and play.” Planning also involves determining the best direction for economic development to assure our balanced community has a diversified tax base. As rezoning requests are made, the decision on whether to approve a change is based on how the request fits into the direction for the overall area. Gwinnett County has the 2030 Unified Plan. Once Peachtree Corners becomes a city, we will also have a “Master Plan” tailored to our vision of the future of our community.
One important concept in planning and zoning is an “Overlay District”. The goal of an overlay district is “to provide enhanced aesthetic design for non-residential projects through the use of architectural design standards, increased landscaping, signage controls and streetscape design…” This description is from the resolution creating the Peachtree Corners Overlay District approved by the Gwinnett Board of Commissioners in March, 2007. The district requires the implementation of a higher, consistent standard for exterior appearance that more closely meets our needs. This does not guarantee that a variance from these standards would not be granted by the county.
By controlling Planning & Zoning, we will be able to develop our own Master Plan and determine the appropriate uses for land within our borders. As changes in zoning are requested, we will have a mayor and 6 council members who have the same stake in the decisions as the citizens of Peachtree Corners.
In our next blog, we will discuss how the Overlay District had a role in determining our borders. Please e-mail us at blog@upcca.org with any questions about city issues or suggestions for future blogs.
