The RE-Rezoning of Case RZ-22-007
After the Developer Sues the City, the Case Returns for a Redo.
At the May City Council Meeting on Monday, May 8, the City Council voted unanimously to deny RZ-22-007, a case to rezone a property at the corner of Highway 20 and Sugar Ridge Drive to build a commercial complex. The Council gave no reasons for its denial.
The case has been public since November 2022, and I reported on it extensively on Facebook (before Real Deal Sugar Hill existed on Substack).
It was unusual from the beginning because the City did not share any renderings of what the buildings would look like even after I submitted two different Open Records Requests (ORRs). Ultimately, I got those images from the developer’s attorney.
The City also pushed back the Sugar Hill Planning Commission (SHPC) vote multiple times. In November 2022, they couldn't assemble a quorum of the SHPC. In December 2022, they canceled with no explanation. In January 2023, the SHPC meeting strangely disappeared from the website’s event calendar although the meeting was still scheduled. The City later said that its website malfunctioned, but never explained why the malfunction only dropped that one meeting from the calendar. After some pushback regarding the lack of appropriate meeting notice, they rescheduled the SHPC vote for February 2023.
During that time, residents gave the developer and his attorney vigorous feedback about the case. Their concerns included the reduced buffer requested by the developer, the lack of a deceleration lane for the entrance off of Highway 20 (which would cause increased traffic at the Sugar Ridge Drive entrance), light pollution, the potential of drunk drivers originating from a restaurant serving alcohol, and the use of a septic tank and septic field for the complex. Initially, the developer was unwilling to change anything to address those concerns.
When the case finally came before SHPC in February, the developer agreed to limit the buildings to no more than two stories, build only one building, not use the property for a restaurant, and withdraw his variance request. These conditions seemed satisfactory to the neighborhood. The SHPC included those conditions in its vote to approve the project.
After the City Council’s May denial of the rezoning, the developer promptly filed a lawsuit in Gwinnett Superior Court, asking the Court to :
Reverse the City’s denial of the rezoning.
Issue a declaratory judgment stating that the City violated the developer’s rights.
Block the City from enforcing the RS-100 zoning that the City left in place for the property.
Require the City to reconsider and approve the rezoning without conditions.
Require the City to reimburse his expenses for the lawsuit.
The Court immediately ordered the City of Sugar Hill “to send up all of the files, applications, pleadings, records, transcripts, and other documents associated with the Application (RZ-22-007)” for review.
In July, August, and September, the developer and the City agreed to time extensions so the City of Sugar Hill could produce all of the required information for the court. Even though both parties attest that these extensions weren’t being requested for the purpose of delaying the Court, nothing in the Court’s case file indicates why the City needed months to transfer its files to the Court.
In October, the Court finally issued an order to remand the case to the City of Sugar Hill, citing its legal inability to determine zoning for properties. The Court states that if the case were to proceed further, it would only end up ordering the City to rezone the property to a constitutional zoning classification. The City must now go through the rezoning process again with a revised plan submitted by the developer. A final vote by the City Council must be taken no later than January 10, 2024.
The lawsuit and the court order remanding the rezoning case to Sugar Hill do not mention any of the conditions to which the developer agreed before. In fact, the lawsuit specifically says the developer wants the rezoning approved without conditions, and the court order mentions the two buildings that the developer originally requested.
On November 13, I submitted an Open Records Request (ORR) to the City of Sugar Hill asking for new materials (including but not limited to site plans, renderings, and letters) submitted by the developer for the upcoming reconsideration of RZ-22-007. I am also requesting the updated Planning Department report. Historically, that document is not available until the Friday before the SHPC meeting. I will share that information when I receive it.
The Sugar Hill Planning Commission will hear the case again on Monday, November 20, at 7 PM in the Council Chambers at City Hall.
Related Posts on Facebook:
Rezoning from Residential to Commercial at Corner of Hwy 20 and Sugar Ridge
November 13, 2022
Update on RZ-22-007
December 21, 2022
Community Meeting for RZ-22-007
December 23, 2022
Sugar Hill Planning Commission to Finally Vote on RZ-22-006 and RZ-22-007
February 20, 2023
Summary of the February 2023 Sugar Hill Planning Commission Meeting
February 23, 2023
Yet Another Update on RZ-22-007
March 7, 2023
Final Update on RZ-22-007
May 9, 2023
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