One of the first decisions the Commerce City Council will have to make this year is whether to rezone 10 lots of greenspace in Oconee Pointe Subdivision to developable R1-E lots as requested by Northeast Georgia Bank.
The bank needs the rezoning so it can sell the lots and reduce its loss on the foreclosure of the property. As greenspace, lots have zero value to the bank or a future developer.
Residents of Oconee Pointe understandably want the lots to remain as greenspace. They note that the developer promised them that nothing would ever be built on those lots, and they see their development as detrimental to their property values.
The trouble is, the developer never recorded the change to greenspace on the subdivision plat, so, from the bank’s perspective is there is nothing in the public record indicating that the lots are not R1-E.
Unless the citizens and the bank reach a compromise, the city council will have a tough decision. Should it support the residents, many of whom do not live in the city limits, and risk having to defend that decision in a lawsuit, or should it grant the request, allow the bank to sell the lots for development and risk a potential lawsuit from the citizens?
The best thing the city council can do is to consult its attorney to find out its legal position. First, can it win a suit filed by the bank and/or the residents of Oconee Pointe? Second, how much taxpayer money should the council spend to litigate the case, even if it believes it can prevail? The first question might be easier to answer than the second, but the council may well have to put a dollar value on the 10 lots of greenspace and their importance to the handful of taxpayers who benefit from it.
