So far, it
looks like Coweta County and the city of Senoia may not have to head to
the Georgia Supreme Court to handle new annexation disputes.
The city and
county have compromised on two of the three three annexation notices the
city submitted to the county.
The first request
that the two groups compromised on is for the same 50 acres on Rockaway
Road that led the county and Senoia to the Georgia Supreme Court last
year. In a ruling that Coweta County Attorney Mitch Powell called a precedent,
the Georgia Supreme Court sided with the county in its zoning dispute
with Senoia.
The court overturned
a decision by Coweta County Superior Court Judge William Lee, who said
the city should be able to annex 50 acres into the city and zone the land
as its council members please.
The case turned
into a battle over the recently enacted state House Bill 489, which requires
cities and counties to work closer to prevent duplication of services.
Part of the
law also requires cities and counties to work through a long mediation
process on annexation disputes. Lee declared those parts of the law unconstitutional
and said the Georgia Constitution gives the local governments exclusive
zoning power.
Because Coweta
County representatives can object to Senoia's zoning on the land in the
ordinary course of public hearings, the judge deemed the law calling for
further discussion between the two entities unconstitutional.
But the Supreme
Court ruled that the arbitration process is constitutional, so now the
city and county head back to the arbitration process, Powell said.
Senoia had
wanted to annex the property into the city and allow one-acre lots, but
the adjoining county property is zoned for five-acre tracts.
But this time,
City Administrator Leonard Thompson said developer Steve Entrekin is seeking
the city's new "green space" R-40 zoning.
The zoning
allows for a little bit higher density development, but stipulates that
25 percent of the land must be reserved for greenspace. Thompson estimates
Entrekin could place 55 homes on the tract.
Entrekin also
has requested annexation for a 100-acre tract further up Rockaway Road.
He is also requesting green space rezoning for that parcel.
The county
and city agreed that Entrekin would have to place 1.6-acre lots on the
perimeter of the property that adjoins county property, but would be allowed
to have half-acre lots on the inside part of the property
The final tract
being considered for annexation is a 100-acre tract near Southern Mills.
The city plans to use the area for a spray field for its newly developed
sewer system.
The county
wants the city to be more restrictive on spray field applications and
will head to mitigation efforts later this month.







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