HB 302 Archives

Cobb commissioners local design standards

Shortly before Cobb County became the latest metro Atlanta government to oppose legislation that would strip cities and counties of local control of residential building design standards, the East Cobb Civic Association weighed in on the matter.

In response to a message from East Cobb News on Tuesday, ECCA president Linda Carver said that the organization “is firmly opposed” to companion bills in the House and the Senate, “and we will be encouraging our ECCA members to let their state representatives know of our opposition.”

(See previous ECN story here).

The ECCA, which was formed in 1982, represents around 90 subdivisions in the East Cobb area and takes an active role in examining zoning cases, making recommendations to the Cobb Planning Commission and Cobb commissioners.

Carver said in an initial response Tuesday afternoon that her organization hadn’t had time to sort through HB 302, but indicated that “anything that would take away local control of building standards would not be looked on favorably.”

She followed up later Tuesday when learning of the Senate bill and stated the ECCA’s opposition.

The bills, HB 302 and SB 172, are being sponsored by lawmakers in smaller towns and rural parts of Georgia, and some metro Atlanta cities and counties have taken exception.

The legislation would cover design elements for one- and two-family homes, and would take away local approval for such things as exterior building color, style and materials for roofs and porches, exterior architectural ornamentation, location and styling of windows and doors, types of flooring and the interior layout of rooms.

On Tuesday night, the Cobb Board of Commissioners voted 5-0 to adopt a resolution by commissioner Bob Ott of East Cobb to oppose the bills.

He said he’s been getting a lot of e-mails about the matter, saying it “smacks in the face of local control. We spend a lot of time working with the community” on standards governing the look and materials of new homes.

Commissioner JoAnn Birrell of Northeast Cobb said it “would be a disaster for the community and surrounding neighborhoods” if local governing bodies lost the ability to set design standards.

The bills are supported by those in home building and real estate industries.

Also on Tuesday, the commissioners voted 5-0 to adopt a resolution seeking an extension for for a special transit committee in Cobb.

The resolution seeks an amendment to current state law, which call for the termination of the committee in December 2019. It’s made up of county commissioners and the Cobb legislative delegation and its duties include drawing up the boundaries for a special transit area.

Cobb is planning to hold a referendum to extend the SPLOST one-cent sales tax for county government in 2020, and Chairman Mike Boyce is eyeing 2022 for a possible transit referendum, saying the extra time is necessary to draw up a viable project list.

The commissioners also approved an alcohol license for Catfish Hox, a seafood restaurant at 2595 Sandy Plains Road, and that was recognized at the 2018 Taste of Marietta festival.

The restaurant’s initial application for beer, wine and Sunday pouring had been rejected by the Cobb License Review Board because it’s located within 600 feet of Sprayberry High School.

Owner Vivian Creasor said in her appeal that while the industry standard is to check identification of customers ordering alcohol who appear to be under 40, carding at Catfish Hox will occur “100% of the time regardless of appearance.”

She said the application for a pouring license is to compete with other restaurants in the vicinity. Kumo, a Japanese restaurant in the same shopping center, also serves alcohol.

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Commissioner Bob Ott of East Cobb is proposing a resolution at the board’s meeting on Tuesday opposing a residential design bill in the Georgia legislature that would bar local governments from imposing certain standards in zoning cases.

His resolution, which is being co-sponsored by new commissioner Keli Gambrill of North Cobb, is the latest proposal by a local government body in metro Atlanta in response to HB 302.

( Read the Cobb resolution here.)

That bill, co-sponsored by some of the most powerful members of the House Republican majority, would restrict the ability of local governments to determine building design elements for one- and two-family homes.

Among other things, the provisions of the bill would cover exterior building color, style and materials for roofs and porches, exterior architectural ornamentation, location and styling of windows and doors, types of flooring and the interior layout of rooms.

(Read HB 302 here.)

Ott said the bill would subvert local control of zoning and design standards at the city and county level, where quality-of-life decisions relating to housing need to be made.

*Local control of design standards “helps us keep Cobb the type of community most people move here for,” commissioner Bob Ott says.*

“People move to different communities because they like the look and feel of the area,” he said in a statement issued by the county Friday afternoon. “They want to protect their neighborhoods and often work with their local elected officials to do so.”

Most of the bill’s sponsors, which also include two Democrats, are from rural and small-town areas of Georgia; none are from metro Atlanta.

HB 302 narrowly passed the House Agriculture and Consumer Affairs Committee last week and is listed on the House floor calendar for Monday.

On Friday, a companion bill, SB 172, was introduced in the Georgia Senate and on Monday will likely receive a committee assignment.

Like the House version, SB 172 is sponsored by small-town and rural lawmakers, including President Pro Tem Sen. Butch Miller of Gainesville.

HB 302 has been drawing support from the home-building industry, those in favor of expanding affordable-housing options as well as some realtors. The Georgia Association of Realtors is claiming that the “American Dream of Home Ownership is under attack.”

HB 302, the realtors’ group claims, “brings the American dream of homeownership within reach of more citizens, not just the ones local officials think deserve to be homeowners.”

The Greater Atlanta Home Builders Association also supports HB 302, saying it’s important for the preservation of private property rights.

Local governments, the group said in statement, are unnecessarily adding thousands of dollars to the cost of new homes: “What used to be the purview of a Home Owners Association are now decisions made by city or county administrators with jurisdiction-wide application.”

Ott’s resolution says that “local governments can provide more affordable housing options without sacrificing unique character or threatening economic development.”

Opposition to the bill is coming from the Association of County Commissioners of Georgia and the Georgia Municipal Association.

Some local governments have already sprung into action against HB 302, including Forsyth County, which passed a resolution last week. Sandy Springs officials have expressed concern, and on Monday the Dunwoody City Council will consider a similar measure.

Ott said another concern he has over the legislation is how it might impact the ongoing development of a new master plan for the Johnson Ferry-Shallowford area.

“Commissioners consistently work with different citizens groups to ensure the quality of development in Cobb County,” he said.

Every Sunday we round up the week’s top headlines and preview the upcoming week in the East Cobb News Digest. Click here to sign up, and you’re good to go!