After hearing nearly 50 minutes of comment from the petitioners and the community, the Decatur City Commission unanimously denied the subdivision of the Oakhurst Dog Park last night.  (You can view the video HERE)

Before voting, Mayor Jim Baskett made the following statement…

“We have always been very protective of personal property rights on this commission. I personally have been very protective of personal property rights as long as I’ve been on this commission. So we have to have very good and very strong reasons to deny petitioner’s use of their property in any kind of way.  In this particular instance we’re being asked – or some people have thought – that we had the power to keep the Boys & Girls Club from selling the property.  We don’t.  Or that we had the power that we could do this or that or the other.  But we don’t.”

“The question it comes down to is ‘Do we subdivide this property based on four simple standards?’  And I look at the standards as a suitable use of the property in comparison to the adjacent properties. Is it adversely affecting the use of adjacent properties or even their future uses?  Does it cause a problem with the streets or transportation facilities, utilities or schools?  In general, does it have an impact on the public health, safety, morality or the general welfare of the community?”

“And when I think about those beautiful trees and when I think about the use of this property for the last – at least -100 years.  [Indiscernible] This is a public service really that the Boys and Girls Club offers and that’s why it was sold at the time it was sold and the way it was sold.  Because it would continue to be a public service use.  And when I look at the way it’s been used and I look at what could be lost here, the potential loss here, with just so little to gain, I can’t personally come to any other conclusion that this not in the general best welfare of our community at large.”

“Public safety may be a factor here with traffic.  Public Health.  But the main thing is the general welfare of our community.  I just don’t believe that a subdivision of that property is good for the general welfare of our community.  That just where I come down.”

Following the Mayor’s remarks, Commissioner Garrett moved for denial, which was seconded by Mayor Pro-Tem Cunningham.  As stated above, the final vote was unanimous.

Just a note to make you aware: tonight the Decatur City Commission will take up the request to subdivide the Oakhurst Dog Park property to create two residential lots on the western, wooded end of the property.

Last month, the Decatur Planning Commission recommended against the request citing that the project adversely affected the “greater public good” and would increase water runoff.

UPDATE: Looks like the AJC just posted a note about this development as well in the last 30 mins.  It reports there have been “two potential options” previously revealed by Weaver Capital…

One includes building two homes on the .6 acres and donating the triangle property to the city as a dog park (which surrounding neighbors oppose). The second includes building one larger home leaving only the lower portion as a dog park, while the triangle property may or may not become a dog park.

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Another item of note from last week’s Planning Commission meeting – the Decatur Planning Commission again tabled an application by Weaver Capital to subdivide the Boys & Girls Club of Metro Atlanta property at 450 East Lake Drive, creating two residential lots.

The applicant requested the item be tabled until May so that they could find “a solution to develop the property that was agreeable to the community.”, according to the meeting minutes.  The request was already tabled once late last year and then removed from the agenda back in February.

Planning Director Amanda Thompson noted that because the request to table this month was late, “The applicant could not defer in writing, but needed to appear at the advertised public hearing.”

Ms. Thompson then noted that “the Planning Commission could hold the public hearing and allow comment.”, which they did.  Nine local residents spoke in relation to the request.

The commission then voted unanimously to table the item until May.  But according to the minutes, Commissioner Tony Powers “stated that the Planning Commission would be unlikely to table this item again.”

The Decatur Planning Commission has a packed agenda in April.

Another item of note on the agenda – the commission will again take up an application by Weaver Capital to subdivide the Boys & Girls Club of Metro Atlanta property at 450 East Lake Drive, creating two residential lots.

The proposal requests that the parcel be subdivided and two R-60 residential lots be created on the hilly western side of the lot.  The eastern lawn area – leased by the City of Decatur from the Boys & Girls Club for $1 a year – would remain part of the Oakhurst Dog Park.

The item was tabled by the Planning Commission late last year to allow the neighborhood and the Boys & Girls Club an opportunity to come to an agreement. (WABE summarized the issues at hand back in February March.) The application was withdrawn from the Planning Commission’s February meeting agenda by the applicants and has since been resubmitted for their April 14th meeting.

Map courtesy of Planning Commission Meeting Materials