Public hearing dates:
Sept. 27, 7 p.m.
Oct. 4, 9 a.m.
Oct. 25, 7 p.m.
Cobb County commissioners seem poised to reverse a ban on private lots offering paid, game-day parking near the Atlanta Braves’ new stadium.
Proposed changes to the ordinance, obtained this week by The Atlanta Journal-Constitution, have been circulated to some impacted property owners. There will be three public hearings on the revisions, with Oct. 25 being the earliest possible vote by Cobb commissioners.
For thousands of fans, the changes could mean more, and less-expensive, parking options on game days and for other special events at the stadium, which has no direct access to MARTA.
The AJC first reported in July on the ban, passed in February without public debate and buried in a group of about 50 other new ordinances or revisions to existing laws.
Most property owners contacted by the AJC were unaware of the ordinance, which said properties within a half-mile radius of SunTrust Park couldn’t get the needed licenses to allow parking during stadium events. Critics saw the ordinance as an attempt to protect Braves parking revenue and help the team as it negotiates leases with nearby lot owners for supplemental parking.
There are more than 10,000 privately held parking spaces in that area, all of which are potential competition for the team’s parking revenue — more than $4.6 million last year at Turner Field.
The county announced it would amend the ordinance three days after the AJC's story published, then suspended it the next week.
The proposed changes eliminate the half-mile restricted zone around the stadium and the ban on licenses for property owners in that area.
Under the revisions, property owners would fill out an application that includes an impact statement, detailing how they will collect money and not impede traffic around their lots, protect pedestrians and prevent crime.
Dana Johnson, the county’s director of community development, wrote to one property owner that the revisions will make it “much easier” to obtain a license in the half-mile area around the stadium.
Violations of the ordinance are still a misdemeanor. But the revised ordinance would no longer allow the county to "presume" that all cars in unlicensed lots are violating the ordinance during games. That provision could have impacted employees and customers of the dozens of office buildings, shopping centers, restaurants and other businesses near the stadium.
Lester Tate, former Georgia Bar president who reviewed the original ordinance for the AJC and found parts of it unconstitutional, said the changes seem to fix the critical problems in the original.
“This seems perfectly appropriate,” Tate said. “They can make rules that are reasonably related to protecting the public. What you can’t do is use public safety as a ruse for not allowing people to run a parking lot on their property.”
The ordinance doesn’t say specifically who will review the impact statements to determine if the plans adequately protect public safety, but Cobb County Attorney Deborah Dance’s office said it likely will be people from three departments — police, transportation and community services. There is an appeals process for those denied a license.
The Braves, which requested the ordinance, did not respond to a request for comment on the changes this week. But Mike Plant, the Braves' director of development, told the AJC in July that the team never asked for a ban on private parking lots and expected private lot owners to operate around the stadium.
“We have never tried to prevent private lots near Turner Field, and we don’t plan to do that at SunTrust Park,” Plant said. “That being said, we expect these lots to provide a safe environment for fans.”
Cobb Commission Chairman Tim Lee said through a spokeswoman that he supports the proposed changes. Commissioner Bob Ott said he also likes most of the changes, because they will make it easier to attain a license.
“I think it addresses the concern that people had of it being heavy-handed,” Ott said.
Attorney Fred Beloin, who has part-ownership in a building with about 100 parking spaces next to the stadium, said the revisions are a step in the right direction. But Beloin, who sued the county over the rezoning of the Braves property, said there is “still a potential for abuse.”
“Dana Johnson says the intention is to try to approve those who seek permits and who cooperate,” Beloin said. “I guess January will provide the proof.”
