North Bibb County residents ask judge to reverse rezoning decision
Nine residents of a north Bibb County subdivision are asking a judge to reverse a zoning commission decision that would allow an apartment complex to be built near the subdivision.
The petition was filed in Bibb County Superior Court Monday by residents of Rivoli Downs subdivision, off Rivoli Drive, and its homeowners association.
The court document filed by Macon attorney Devlin Cooper calls for the commission's "errors" to be corrected, for the court to reverse the commission's rezoning decision and for it to "declare the approval of the rezoning application null and void."
Pope Langstaff, attorney for the zoning commission, said Tuesday that he had not received a copy of the filing and couldn't comment.
The petitioners are David Cozart, Ed Bond, Asbury Stembridge Jr., James Estes, Robert Heuman, Michael Greene, Dode Templeton, David Bullard and Billy Wayne Perry and the Rivoli Downs Homeowners Association. All the residents live in Rivoli Downs subdivision. The defendants are Macon-Bibb County Planning and Zoning Commission and BMW Developers LLC.
At the commission's Dec. 14 meeting, the board unanimously agreed to rezone a 60-acre site at 5171 and 5259 Bowman Road from a single-family residential district and a planned development extraordinary district to a planned development residential district. The subdivision is adjacent along the rear of the property.
The proposed use is "a low-density, high-end multifamily residential development" with 240 one-, two- and three-bedroom units. It would include a clubhouse, outdoor pool, pond and walking trails. About 30 garage units also would be available.
Representing the developer, Don Carter, president of engineering consultants Carter & Sloope, said at the meeting that the density would be about four units per acre, and that scale was "in keeping with the residential area."
The petition says the commission erred in rezoning the property because the eligibility requirements for a planned development district were not met under its zoning regulations. Also, the applicant did not meet "its burden of proving that the property cannot be developed" as it was already zoned and that the rezoning constituted spot zoning.
The petitioners also take issue with the commission's considering an opinion of Executive Director Jim Thomas that was "allowed after the time for debate had ended and with no opportunity to respond afforded to Petitioners."
The proposed development would "cause many negative impacts to the Petitioners" including increased noise, odors, exhaust fumes, light pollution, increased traffic, increased water run off and diminished property values, the petition said.
To contact writer Linda S. Morris, call 744-4223, or follow her on Twitter@MidGaBiz.
This story was originally published January 12, 2016 at 6:06 PM with the headline "North Bibb County residents ask judge to reverse rezoning decision ."