February 26, 2018

An important Community Zoning Information Meeting (CZIM) is being held at Community Place (right next to City Hall) at 7 pm on Tuesday, February 27th.  This CZIM concerns the development of the southeast quadrant of Birmingham Crossroads.  The developer is seeking 2 zoning modifications with 2 concurrent variances.  This means that the developer is seeking waivers for 2 of our zoning rules.  Such zoning requests almost always involve a developer seeking higher density than existing zoning rules allow and thus improving the profitability of his project.  In this case, the developer is seeking relief from two zoning rules:

1. The Birmingham Crossroads master plan requires that the village green be 13,000 square feet.  The developer wants to reduce its size by 900 feet to 12,100 feet.
2. The developer’s project combines land that is within the footprint of the Birmingham master plan with land that is outside of (and to the south of) the master plan footprint (and zoned AG-1).  The builder is requesting to entirely eliminate the required 75-foot buffer between these 2 parcels.

Generally, I am opposed to any waivers to our zoning code, unless they result in a clear and demonstrable benefit to the public, evidenced by strong public support for such variances.  I have read the developer’s proposal and it does not provide any discussion of such public benefit.  Rather, the developer claims that the current zoning represents a financial hardship that is preventing him from developing his properties.  At the CZIM, the developer should explain why the zoning modifications will benefit the public.  That is, how will the modifications result in a better development for the community (and not just increased profits for his company)?

Some background might be useful in understanding this request.

• Many years ago, commercial developers submitted proposals for developing Birmingham Crossroads.  Nearby residents organized to fight what they believed were proposals to over-commercialize the Crossroads community, which was then in unincorporated North Fulton County.  Leading the resistance was the Birmingham-Hopewell Alliance.  A compromise was eventually reached creating a master plan that confined commercial/high density development to a 27-acre footprint.  Included were a number of stipulations (e.g., village greens) that were intended to ensure the development would respect the rural character of the surrounding area.
• In 2014, a rezoning was approved that eliminated a 10,000 square foot daycare facility and allowed a combination of detached single family homes and town homes (vs. just town homes).
• A rezoning by the current developer was requested in 2016.  That rezoning would have eliminated most of the commercial square footage.  All of the required commercial space along Birmingham Highway would have been replaced with townhouses.  A number of nearby residents, myself included, opposed the rezoning, which was denied 6-1 (with only Mayor Lockwood voting to approve).
• A zoning modification for the Publix shopping center was approved (4-3) in 2017 that eliminated some of the village green to allow construction of an interior road and additional parking spots.  A number of residents spoke, myself included, spoke against approval.
• In January 2018, the Design Review Board approved demolition of existing structures in the southeast quadrant in anticipation of the property being developed.

I am keeping an open mind about the developer’s proposal.  However, I am not buying his hardship argument.  I believe he can profitably develop the parcel, without the variances.  Accordingly, the developer will need to make a case that the requested variances allow him to build a better development that will demonstrably benefit the community.  Otherwise, he should abide by the current zoning regulations.

Tim Becker