Alpharetta's Garden District Opposes Help Given to Canton Street Developer

A developer did not get his request to extend the date when Canton Street property his company owns can keep its high density zoning. But Alpharetta City Council removed a barrier that wouldn't have let him to come back to rezone it again for a full year.

Peachtree Residential's Alec Rickenbacker has until October to get a land disturbance permit or the property loses its higher density zoning. But he can apply for a new rezoning at any time because City Council changed its mind and voted to deny the zoning extension request without prejudice. Otherwise, Peachtree Residential would have to wait until October 2012 to try again.

That could still happen if Rickenbacker doesn't get the buildings on the property removed by Aug. 31.

Rickenbacker missed the July 20 council meeting, something members of the"Garden District"–homes in subdivisions off Canton Street prirmarily north of Mayfield–held against him. But he said he had good reasons, finally sharing that he missed it because he had first learned his wife had cancer not long before the meeting.

"It isn't a matter of negligence," Rickenbacker said.

Kim Bailey was one of four residents to speak against reconsidering the council's previous decision. She asked why the city would overlook conditions the developer agreed to do, including demolition of abandoned structures on the property.

Residents expect City Council to protect homeowners, including their property values. Not enforcing the conditions that required demolition of those structures harms property values. The eyesore of those structures damages their property values, she said.

"These conditions like any law are only as effective as their enforcement," Bailey said.

Allowing Peachtree Residential to keep its multifamily zoning allow the developer to retain higher property values, she said

"I'm very disappointed if you don't deny this," said Tom Miller, a Windward resident.

Miller said "the purpose of this is just to try to have them come back with another proposal when the market is right, and not just freely extending and extending because it raises your land value."

Rickenbacker told council and residents that he had previously come back to City Council not just for an extension, but to present a modified site plan with 20 percent fewer homes–30 instead of 36–and making most of the single-family detached homes with only a garden wall connecting the homes to meet code requirements.

Council members were split over whether economic conditions should play a part in decision making. Kennedy said it plays a part in everything that is done.

Councilman D.C. Aiken, however, disagreed. Market conditions will determine what's appropriate, he said.

"As far as the extension, I was one that denied the extension not only on this pretty, but on the ones [on Canton Street] before," Aiken said.

He also discredited residents' statements that council has abandoned the west side of GA 9 now that its downtown redevelopment plan is being considered. Aiken said it will help get things done on that side of GA 9, because the city doesn't plan on owning all of the 22 acres it holds in downtown Alpharetta forever. Using funds from the sale of property in downtown will mean the city doesn't have to float a bond to fund work west of GA 9, in the downtown area, he said.

Council members at the meeting generally agreed higher density housing will be needed to support downtown businesses.

Council members Aiken, Kennedy, Cheryl Oakes and Chris Owens and with Mayor Arthur Letchas still denied the request to extend the zoning deadline, but this time without prejudice. Peactree Residential still needs to get a land disturbance permit by October to avoid the property's zoning to revert back. But if it doesn't get the permit, the developer won't have to wait a year to reapply for rezoning.