The Hoschton City Council on Monday formally approved adding the boundaries of a new downtown district to the city’s comprehensive land use plan.
The Office-Residential (O-R) zoning district will denote an area of the city in which planners prefer to see buildings used as homes or professional offices, instead of commercial businesses. The district will be bound by West Jefferson Street on the north, Broad Street on the south, New Street on the east and a line from the intersection of Jefferson Avenue/West Jefferson street to Cabin Drive on the west.
Though approval of the district does not automatically rezone the property within, it clarifies an intention in the city to deny commercial rezonings and approve O-R rezonings of those properties in the future. Though the city council could decide to rezone the entire district, members on Monday said they were merely setting a boundary, with no guarantees of rezoning every piece of land.
“What I see happening is we’re approving the amendment to the long-term land use plan, but we’re not really rezoning any land,” city planning director Wistar Harmon told the audience. “We’re putting in place that mechanism.”Harmon also told the audience the amendment would give prospective property buyers an idea of what to expect when they look at parcels in the area.
“This is a goal to shoot for,” he said.Hoschton resident Ken Gary, who owns a contracting business on First Street, and whose property is zoned commercial, told officials he viewed establishing the boundary as the first step in rezoning his land, an action he vehemently opposes.
“You’re doing more than setting the boundary,” he told the council. “You’re setting the boundary and you’re including the opportunity for council to change my zoning at any time.”
Gary equated the rezoning with a seizure of his land and told the council that other property owners on his street agree. “I would see any rezoning to O-R as a taking of my property...I haven’t seen the first owner of any property that wants their property devalued by going to O-R.”Hoschton city attorney Thomas Mitchell told Gary the city had the right to rezone property even without establishing the boundary. When asked by Gary’s son, Kelly, if establishing the boundary would make it more likely for the properties to be rezoned as O-R, Mitchell said it would not. Kelly Gary said Harmon’s earlier statement about establishing a “mechanism” contradicted Mitchell’s statement.
By: STEVEN BEARDSLEY
