FLOWERY BRANCH – “Regulatory Taking” is a legal term that describes a situation where a governing body limits the use of private property to such a degree that the landowner is effectively deprived of reasonable economic use of their property.
It’s also a term that was used Thursday evening as the Flowery Branch City Council dealt with another contentious rezoning application, in this case a request to rezone 37.8-acres along Thurmon Tanner Road from Highway Business (HB) to Light Industrial (M1).
Applicant Hines Acquisitions, LLD, is hoping to construct two warehouse-type buildings on the property. Nearly a dozen people spoke in opposition to the requested rezoning.
Following the public comment, and during the time to vote on the first reading of the application, Councilman Joe Anglin tried to explain to the large and sometimes vocal audience, why he was voting in favor of approving the request.
“The fact of the matter is that the people that do own these pieces of property do have individual property rights that are protected by the United States Constitution and because of that our hands are somewhat tied,” he explained.
“We could sit here and say ‘No’…but it’s very easy for that property owner to say ‘Hey, you’re doing a Regulatory Taking of my property and we’ll see you in Superior Court. Then the city is going to spend tens-of-thousands of dollars having to defend that decision.”
Anglin said rezoning decisions are tough decisions, ”...but there are rules to this game, and you can’t just arbitrarily decide that you’re going to tell somebody ‘No’ to rezoning…and those rules are protected by the United States Constitution.”
Mayor Mike Miller held up a fist-full of papers, saying it was a lawsuit he had been served that afternoon while he was at work, suing the city over a denied rezoning application earlier in the year. “No, we’re not afraid to get sued. We do what we believe is right.”
As Anglin continued his explanation Miller had to intervene when calls from the audience prevented Anglin from continuing.
“Stop! I get it - you’re not happy,” Miller said firmly. “While I know you don’t agree...a large part of this country has gotten to the point that if you don’t agree with somebody, you have to hate them. I don’t believe that.”
Anglin continued his explanation. “There are properties that you guys are living on right now, that when they came before us… there were people that argued about not allowing it to happen.”
It was difficult to determine if Anglin's words changed the minds of those in opposition to the rezoning. Miller reminded the audience that two readings of a rezoning application must be approved by the city council before passage is final. He urged those opposing Anglin's position, and the positions of the other council members who unanimously sided with Anglin, to use the time between the readings to contact council members and discuss the matter further.
The second reading and final vote is scheduled for October 21, 2021.
SECOND READING APPROVAL GIVEN TO MCEVER ROAD STRIP MALL REZONING
A plan to revitalize a strip shopping center on McEver Road, just west of Gainesville Street, got the official go-ahead Thursday evening when the Flowery Branch City Council granted final rezoning approval to JPC Design and Construction, LLC.
According to the application, one end of the building anchored by a Chevron convenience store will be demolished and a Hardee’s restaurant will be constructed in its place. In addition, the remainder of the structure will be renovated and the property will be landscaped.
The rezoning of the 2.08-acre site is needed because of the addition of the restaurant with a drive-thru window.
