ZONING ISSUE – PETITION DRIVE
ZONING ISSUE – District 3, East Lake Road
THIS ZONING REQUEST WAS WITHDRAWN BY THE LAND OWNERS.
It was not heard at the December 20, 2005 Commission Meeting.
They can develop the land under RA zoning. Or, they can start the process all over again. But this zoning request is a dead issue.
If you would like to stand with the landowners on East Lake and Harper Roads, please send an email to henrycountycitizen@yahoo.com.
The site property is 61 acres, but it has a lake, a stream, a cell phone tower and a high pressure sewer easement. Only 44 acres remain for the planned 72 houses. That is 1.63 houses per acre.
Residents on this section of East Lake Road have 2- to 7-acre (or more) estate lots. Residents in neighboring Harper Road typically have 5-acre estate lots. The entire area features a rural, country environment. Folks out there do not want drastic, negative impact to their neighborhood or their investments!
The developer is James M. Anderson of ALPD, LLC from Loganville. He has already met with district 3 commissioner Randy Stamey to discuss the site plan and issues like density and greenspace. The development will have one entrance on East Lake Rd. about one-quarter mile from the intersection with Harper Rd. The planned sewer line will run from the creek on Harper Rd. onto East Lake Rd. and into the development – over a half-mile.
On September 27 a town hall meeting was attended by developer James Anderson, his landscape architect Joe Cooley and over 40 area residents. We were first told the “average lot size” would be three-quarter acre, based on a 61-acre tract. Very soon into questioning Mr. Anderson we learned the lots will be half-acre or less. Three residents continued with probing questions that were met with non-answers and spin that any politician would be proud of.
Mr. Anderson was asked why the property could not be developed as zoned, RA or R1, with one house per acre net density. He said (1) so the land owner can get their desired price, (2) there are development costs he must bear, and (3) the project must be profitable. NONE of these responses were acceptable to the roomful of residents. Conversations turned to outbursts of “How can we stop this?”
Mr. Anderson was asked about impact to schools, narrow roads, lack of traffic signals and adding 150+ cars to the intersection of East Lake Road at Hwy 20, and onto the already-busy East Lake connector to Hwy 155. These issues are not included in his development plan and are out of his control. Essentially, such issues are not his problem.
In an attempt to quiet the room, Mr. Anderson pointed out that he “was giving 19 acres of greenspace, something the county wants.” He was quickly told that he could not build in the lake, or on the stream, over the sewer easement, or at the cell phone tower. He is “giving” nothing, but still wants the same number of houses without restrictions.
A petition is underway for presentation to the County Zoning Advisory Board and the Board of Commissioners. Please join our efforts to clearly inform the County officials that we DO NOT WANT inconsistent land use that causes negative impact to home values, schools, roads and our quality of life.
If you would like to stand with the landowners on East Lake and Harper Roads, please send an email to henrycountycitizen@yahoo.com.
Include your name and street address – regardless of where you live, all the commissioners will have a vote in the final decision. Your information will not be used for any purpose beyond this petition.
Thank you,
Larry Stanley
East Lake Rd. Resident
posted by Larrys at 9:29 AM
4 Comments:
BE PREPARED
When a zoning request like this comes before the board of commissioners, expect to hear the following:
FACT: It does not matter that everything in the surrounding area is RA -- the board of commissioners will typically rezone it to R2 for developer so-in-so no matter what the Planning & Zoning Board may recommend.
ANSWER: We have ordinances and a CURRENT land use map was adopted December 2002. The commissioners have been granting zonings against their adopted map since before Leland Maddox was elected chairman in 2000.
We elect the board of commissioners to REPRESENT us, not to dictate or decide for us that our rights are secondary or that our property investments have no meaning.
Excuse #1 will be if sewer has been made available in the area there is no reason this developer should not be allowed to utilize the service.
ANSWER: Just because sewer is available does not mean you have to squeeze the land for every ounce of dirt for profit's sake.
THIS IS NO DIFFERENT that using eminent domain to destroy our homes and investments - except this way, we get no compensation.
Excuse #2--developer so-in-so has made a lot of money for the county. Therefore we need to respect their need for this rezoning (One commissioner is famous for this one).
ANSWER: The cost to the county regarding a development is greater when you factor in road improvements, maintenance and/or redevelopment; not to mention additional school trailers.
MY HOME IS NOT FOR SALE and local government MUST CONSIDER MY PROPERTY RIGHTS.
READ SOME RESPONSES. Send email to henrycountycitizen@yahoo.com to join the petition!!
I am a concerned citizen who lives in the East Lake area. We recently moved here to get away from the congestion in North Henry County. Now we find out that a new subdivision will be intruding on our quiet here. Please do not allow Mr. James Anderson to put in his subdivision on East Lake Road with lots of less than one acre. To do so will put this beautiful, quiet area in the same category as Stockbridge. We don't want the traffic here. We came to get away from it.
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We the undersigned wish you would consider what another development will do to our already over crowded community. Is there a limit as to what the schools and roads can take? Please ask the kids that go to the brand new schools how they like the trailers.
Just surrounding me in the last year we have had several large subdivisions built (Derby Downs, Clearwater Pointe & Bridle Ridge) Not to mention the one going in on Airline thru to Turner Church. Traffic is getting worse everyday.
I do hope you will reconsider this new development. Remember you live in the County too.
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I am opposed to this development and wish for my County Commissioner, Randy Stamey, and all County Commissioners to vote against it.
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I am against the proposed rezoning and development... it
would cause additional traffic and school crowding as well as affect
the values of the existing homes in the area. I own a 5 acre home site in the area. If the development is built, I would not want to live there because of the traffic and will probably be unable to sell it to anyone for the same reason.
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My wife and I just moved to the Simeon Place subdivision off S.R. 20 about a half mile from East Lake road. We moved here BECAUSE of the rural setting. Builders like James Anderson don't give a rat's behind what anybody thinks about his building plans--he is thinking about one thing: $$$. We need to collectively tell Mr. Anderson to go pound sand and build somewhere else. Please add my name to your petition.
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I have concern over allowing another developer to come in and rape the land, destroy our property values and increase traffic and congestion in our country neighborhood. I just purchased this house because it is country and the traffic is manageable. The road infrastructure cannot take adding 150 cars onto a two lane road with only one entrance. The developer can come in and do this without any consequence to his investment, except to make money off the land and decrease the value for everyone else.
We moved here from Clayton County 4 years ago to get away from the high density and urban decay. We pay 4x the property tax we had in Jonesboro and in return we receive no visible police presence, horrible roads, overcrowded schools and now you want to add more homes, cars, & families without the infrastructure to support them! Henry County will turn into another Clayton County before you know it! At least in Clayton County, they know how to pave roads, fix potholes and paint the yellow and white stripes on them!
P.S. !!!CRIME ALERT!!! Cars broken into and windows smashed in The Laurels and Emerald Plantation subdivisions off Hwy. 20. Call Henry County Police and tell them to patrol your neighborhoods!!!
ZONING ADVISORY BOARD MEETING - Step One in the process:
Last night, Nov. 10th, the Henry County Zoning Advisory Board heard the first presentation regarding RZ-05-37 -- the East Lake Road zoning.
Remember this issue will be presented to the full Board of Commissioners in December. We must continue in opposition to the requested zoning by contacting each commissioner and attendance at the BoC meeting. The BoC will have final authority, and ALDP is certain to repeat his request for high-density zoning.
It is common that upon receiving a denial from either the Zoning Board or the Commissioners, a developer will file lawsuit against the county. It is typical that the Superior Court judge will order the commissioners to rezone the property without mandating what the new zoning should be. But at that time the negotiations have begun and the commissioners lose any right to impose conditions or restrictions.
By choosing to allow a low-density R1 zoning (one-acre lots) with conditions, the Zoning Board provided an escape hatch to avoid legal action that a blanket denial could bring. They also provided a solution that is consistent with current zoning and the current land use map. I was sincere when I publicly thanked the county staff, zoning board and our commissioner for their conscientious attention to this case.
The board voted to deny the requested R2 zoning. Instead they voted to approve R1 zoning with the conditions listed below.
PROPOSED CONDITIONS FOR ALDP
1. The minimum house size shall be 2,500 square feet (one story) or 2,700 square feet (two story) of heated floor space.
2. The homes shall be constructed on all sides of brick, stone, stucco, or any combination of these materials. Eaves, soffits, overhangs, dormers, and fascia may be constructed of brick, stone, stucco, cement fiber board or vinyl as permitted by Building Code.
3. The developer shall provide active open space which shall include a picnic area, walking trails and at least one other amenity.
4. The open space shall be maintained by a mandatory homeowner’s association.
5. The developer shall construct a fenced buffer adjacent to the cemetery.
6. All yards shall be sodded to the rear drip-line.
7. All utilities shall be located underground.
8. All homes shall be built on site; no modular or manufactured homes.
9. All homes shall have a two (2) car side entry garage where feasible.
10. There shall be uniform mailboxes throughout the development.
11. The applicant shall construct acceleration /deceleration lanes at the access of the site. Adequate sight distance shall be provided at the entrance of the site.
12. Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner so as to require any violation of any existing building, development storm water and/or other applicable codes.
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