UPDATE: Fractious, five-year fight over fate of golf course

Click link for list of topics. Membership is not required to read content or to watch Nydeos.
User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

UPDATE: Fractious, five-year fight over fate of golf course

Post by Nydia Tisdale » March 30th, 2011, 12:40 pm

Image

Sale of golf course tees off residents

The Atlanta Journal-Constitution
By Anna Varela
May 11, 2006

When Linda Jones and her husband, Robert, bought the lot for their home backing onto Lanier Golf Club 18 years ago, they thought they had found the perfect spot.

The big windows of their vaulted living room and eat-in kitchen look onto the back deck, a strip of trees, and the fifth tee just beyond. Jones and her husband felt secure that they would always have a lovely view with the green as the backdrop for their south Forsyth home.

But a few months ago, they learned what many homeowners who live near golf courses in metro Atlanta have discovered in recent years -- more and more courses are being sold to make way for development.

"We wanted to live here because there would never be anyone to live behind us," Jones said. "It's just so nice and quiet out here that it's just going to be heartbreaking."

Lanier Golf Club, the oldest golf course in Forsyth County, appears likely to join the ranks of courses that have given way to home construction, including Canterbury Golf Club in east Cobb, Centennial in Acworth, and roughly half a dozen on Atlanta's Southside and near I-20 east of the Perimeter.

Martha Kirouac, a senior director at the Georgia State Golf Association, said golf courses are competing for a static number of players. That means the owners of some older courses are forced to make tough choices.

"I think you'll continue to see this happen with some clubs where their expenses have just outrun their ability to make it playing golf," Kirouac said. "The closer you are to the city, the more the value of that land gets to a point where it makes more sense to build on it than to continue to operate it as a golf course."

Kirouac said her organization could not offer firm figures on course closings in Georgia.

Nationwide, the equivalent of 94 18-hole courses closed in 2005, according to the National Golf Foundation. A foundation report says that 54 percent of those closures were because of development, most of it residential.

Lanier Golf Club opened in 1970. Jack Manton, one of the owners, didn't want to talk about the club's finances, but said deciding to sell was difficult. Club members were given a guarantee that they could play at Lanier at least through the end of 2006, he said.

Manton said he and co-owner George Bagley were careful about whom they sold to.

The developer, Wellstone Communities, wants to build a community with an emphasis on housing for active seniors. Single-family houses would sell for $600,000-$800,000 and townhouses would sell for $375,000-$400,000, Manton said. Those factors make Wellstone's plan a good fit for the community, he said.

"We thought it would have minimum traffic issues for the county ... and it would have a minimum impact on the county schools," Manton said. "We thought they offered us the best opportunity to do a compatible development without harming the neighbors."

John B. Lowery, the president and CEO of Wellstone, said his company plans several public meetings to get input from the community before going to the county commissioners this summer to seek rezoning for the project.

Wellstone, which is based in Cumming, has built developments for empty nesters and active seniors in Texas and South Carolina. The company is already building townhouses in south Forsyth near the proposed development at the golf course.

Lowery said the land use plan for the golf course calls for setting aside about 25 percent of the land for commercial use. Rather than build a shopping center or office park, Lowery said the company wants to build "a campus-like community" centered around a group of two-story buildings with a dining club and services for the development's residents on the ground floor and residences for seniors on the upper floor.

"Seniors are typically pushed to the side," Lowery said. "We actually want them to become the focal point.

But some people who live near the golf course just want the land to stay the way it is.

Gerry Sullivan, president of the recently incorporated Save Lanier Golf Course LLC, built his home on the golf course three years ago. "It was told to me that it was a golf course lot," Sullivan said. "I liked the idea of having a park setting in my back yard."

Sullivan said residents worry that Wellstone's development could end up being acres of high-density rentals. They don't want to see more homes or businesses on the two-lane roads in the area. And they raise questions about the possible effect of more development on Lake Lanier and area creeks.

The organization is raising money to hire a lawyer, and Sullivan said homeowners plan to fight.

"Our intentions are to show that the best use of this property is what it is today -- a golf course," Sullivan said.

Jones, who has donated $300 to the legal fund, knows that it won't be an easy fight. She's lived in the area for 30 years and has watched Ga. 400 go from a little-used artery to a traffic-choked nightmare.

"I know growth is inevitable, but...boy, you sure hate to see it when it happens in your backyard."

Photo: Linda Jones and her husband have lived for 18 years next to the fifth tee of Lanier Golf Club, which may join others sold for development. PHIL SKINNER / Staff

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

Lanier Golf Club ~ superb course

Post by Nydia Tisdale » April 15th, 2011, 6:12 pm

Image

Superbly Conditioned, A Great Shotmaker's Course
Click here: http://www.atlantagolfpics.com/Lanier/lanier1.htm

Designed by Joe Lee
http://www.worldgolf.com/golf-architects/joe-lee.html

Lanier Golf Club
http://www.laniergolfclub.com
Established 1970
2080 Buford Dam Road
Cumming, GA 30041

Lanier Golf Club, Inc.
http://corp.sos.state.ga.us/corp/soskb/Corp.asp?719962
Noncompliance with Georgia Secretary of State
2011 Annual Registration Delinquent
Entity Creation Date: 12/22/1986

CEO: George R. Bagley, Jr. — formerly George R. Bagley, Sr.
CFO: John P. Manton — formerly George R. Bagley, Jr.
SEC: Larose P. Manton — formerly John P. Manton
AGT: John P. Manton

2010 Property Tax Statement
https://www1.forsythco.com/PayPropertyT ... ber=139449

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

Development Authority of Forsyth County

Post by Nydia Tisdale » April 15th, 2011, 6:19 pm

Development Authority of Forsyth County
Department of Community Affairs, Registered Authorities Directory
http://www.dca.state.ga.us/development/ ... pe=&sdreg=

Creation Date: 10/31/1975
Method of Creation: General Statute
Official Citation: O.C.G.A. 36-62-1
Dependency: Independent
Single or Multi Jurisdictional: Single-Jurisdictional
Members: Forsyth County

Contact:
Emory Lipscomb, Attorney
112 North Main Street
Cumming, Georgia 30040
770-887-7761

Board Members:
Ben Knight, Bobby Thomas, David Seago, Joanne Tolleson, John Bryan, Lynn Jackson, Pam Sessions, Tim Perry

Forsyth County Board Appointees
http://www.forsythco.com/DeptPage.asp?D ... ageID=1370

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

Former "law" partners Lipscomb, Manton & Johnson

Post by Nydia Tisdale » May 20th, 2011, 7:42 pm

Lipscomb, Manton & Johnson

Mr. William Emory Lipscomb III
http://www.gabar.org/public/directory/M ... D=NDUzNzAw

Mr. John Paul "Jack" Manton
http://www.gabar.org/public/directory/M ... D=NDY5OTAw

Mr. Coy R. Johnson
http://www.gabar.org/public/directory/M ... D=MzkzMDAw


BOLING et al. v. GOLDEN ARCH REALTY CORPORATION (1978)
http://webcache.googleusercontent.com/s ... index.html

GUNSALLUS v. BUSBEE (1979)
http://ga.findacase.com/research/wfrmDo ... .GA.htm/qx

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

John "Jack" Manton lied on loan documents

Post by Nydia Tisdale » May 24th, 2011, 10:11 pm

You (Emory Lipscomb) caused John (Jack) Manton to apply for a loan of $190,000.00 and caused certain false statements to be made on Manton's application, which loan was closed by you as closing attorney.

You benefited from the loan, having agreed with Manton that Manton would not be responsible for payment and you would repay one-fourth of the loan even though you were ineligible to receive a loan.


The Honorable Charles A. Moye, Jr.
UNITED STATES OF AMERICA -vs-
WILLIAM EMORY LIPSCOMB, et al.
September 26, 1978

Read here:
John "Jack" Manton lied on loan documents
Pages 9-10/28

$190,000.00 (year 1974) = ~ $900,000.00 (year 2011)
Inflation Calculator: The Changing Value of a Dollar
http://www.dollartimes.com/calculators/inflation.htm

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

Implied easement in Hunt Valley Lake

Post by Nydia Tisdale » May 26th, 2011, 8:24 am

DILLARD v. BISHOP EDDIE LONG MINISTRIES INC
October 15, 2002

Bishop Eddie Long Ministries, Inc. and Richard and Susan Adle (“homeowners”) own residential property on Hunt Valley Lake, which is formed by a dam. 

The property on which the dam sits is owned by Hunt Valley, Inc., a corporation whose shareholders include G. Douglas Dillard, John Cowart, and Robert Rutland (“Hunt Valley”).

In February 2001, Hunt Valley began demolishing the dam, which caused the lake to partially drain.  The homeowners, who claim an easement in the dam, filed a complaint seeking injunctive relief and damages.  

In March 1984, the Adles paid a premium price for one of the lakefront lots.  The warranty deed referenced a plat, which mentioned the lake.  Three of the lots, including one of the lakefront lots, were purchased by Dillard, a Hunt Valley shareholder, who subsequently sold the lots to Bishop Eddie Long Ministries for over $1 million. 

Dillard's warranty deed referenced a plat, which depicted the property abutting a lake.

Doug Dillard was both a shareholder of Hunt Valley and a property owner.

Read more: http://caselaw.findlaw.com/ga-court-of- ... 09057.html

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

George R. Bagley, Jr. ~ security deed

Post by Nydia Tisdale » June 5th, 2011, 8:47 pm

Consumer Deed to Secure Debt

This indenture is not a mortgage but an absolute conveyance of said property.

Lender: Bank of North Georgia
Borrowers: George R. Bagley, Jr. and Jill T. Bagley
Date: January 3, 2005
Amount: $140,000.00

Click here:
http://resolution.forsythco.com/Externa ... kPage.aspx
Book 3661, Page 368

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

Deed Restriction vs. Zoning‏ Ordinance

Post by Nydia Tisdale » June 12th, 2011, 1:44 pm

Cyburbia Forums

Cyburbia.org
2005-10-25
Liz


I have a successful massage practice in a professional building near my home. I would like to downsize and move my practice to my home to a part-time venture.

I met with my township zoning officer who explained the process: $300 application fee, file the application then in a month go before the Township Zoning Board for a hearing to determine whether or not I get the permit for a home occupation.

HOWEVER, he told me that before I spent the money I should check out my deed restriction. I did and this is what it says "Uses: No building shall be used for any purpose other than a private single family dwelling..."

He went on to explain that the Township would not grant me the permit if the deed won't permit it. From what I have learned, it appears that many townships will give you the permit and close one eye to deed restrictions. Apparently, my particular township zoning officer is a hard ass on this point.

What am I to do? I want to get the proper permit to do my work which I feel is quiet and low-impact, but I am fighting a 30-year old deed restriction which is no longer appropriate to today's working world.

Click below for answers:

Deed Restriction vs. Zoning Ordinance

Deed Restriction Enforcement

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

SAVE LANIER GOLF COURSE, LLC et al. v. FORSYTH COUNTY et al.

Post by Nydia Tisdale » June 12th, 2011, 1:51 pm

IN THE SUPERIOR COURT OF FORSYTH COUNTY
STATE OF GEORGIA

GERALD SULLIVAN, PAUL BARON, JAMES P. QUINN, WAYNE SHEPHERD,
PAT DORN, BEN KNIGHT, W.J. PULFORD, SAVE LANIER GOLF COURSE, LLC,

and PEDRO PEDRO TECNOLOGIAS, INC.,
Plaintiffs,
v.
FORSYTH COUNTY, GEORGIA, and
JACK CONWAY, BRIAN TAM, CHARLIE LAUGHINGHOUSE,
DAVID RICHARD,
and LINDA K. LEDBETTER, members of the
Board of Commissioners in Forsyth [County,] Georgia,
sued in their official capacities,
Defendants.

CIVIL ACTION FILE
NO. 06-CV-1324



Read Plaintiffs' Interrogatories here:
Plaintiffs' Interrogatories 07.07.2006

Read Defendants' Responses here:
Defendants' Responses 08.29.2006

Read Defendants' Supplemental Responses here:
Defendants' Supplemental Responses 08.30.2006

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

Lanier Golf Club, Inc. ~ zoning application & security deed

Post by Nydia Tisdale » June 13th, 2011, 4:02 pm

ZONING APPLICATION
Applicant: Wellstone, LLC
Owner: Lanier Golf Course, Inc. [sic]
Date: August 9, 2006

Applicant requested to rezone 172.349 acres from A1 to MPD to construct 103 single family residential lots, 369 townhomes and 274,820 square feet of commercial retail which includes 300 single family unit in a Continuing Care Retirement Community (CCRC).

Click here for ZA 3370:
http://estatus.forsythco.com/applicatio ... &ID=112154


DEED TO SECURE DEBT
Grantor: Lanier Golf Club, Inc.
Grantee: Bank of North Georgia n/k/a Synovus Bank
Amount: $1,500,000.00
Date: August 18, 2006
Due Date: August 18, 2007

Book 4411, Page 428
http://resolution.forsythco.com/Externa ... kPage.aspx

Covenants

This instrument is a deed and security agreement passing the legal title pursuant to the laws of the State of Georgia governing loan or security deeds and security agreements and is not a mortgage.

Grantor shall not initiate, join in or consent to any change in any private restrictive covenant, zoning ordinance or other public or private restrictions limiting or defining the uses which may be made of the Premises or any part thereof.

Grantor agrees that possession of the Premises during the existence of the Secured Indebtedness by Grantor, or any person claiming under Grantor, shall be that of Tenant under Grantee.

Click here:
Lanier Golf Club, Inc. security deed
Page 3, paragraph 4

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

Arsenic levels get herbicide pulled

Post by Nydia Tisdale » June 15th, 2011, 6:15 am

MSMA linked to high arsenic readings beneath at least a dozen Collier golf courses and Veterans Community Park

Naples Daily News
By Jeremy Cox
October 22, 2006

A weed-killer that lived up to its name but contaminated countless golf courses and parks with arsenic is being pulled off the market.

Arsenic levels left in MSMA’s wake “raise a concern for cancer risk,” U.S. Environmental Protection Agency officials said in an August statement. The agency will revoke federal approval of the herbicide’s use, pending a comment period that ends Nov. 9.

MSMA has been linked to high arsenic levels beneath at least a dozen golf courses in Collier County and at Veterans Community Park on Immokalee Road.

Southwest Florida’s high water table and sandy soils make the area’s drinking water supply particularly vulnerable to contamination, experts say.

“We have many people who get their drinking water out of the shallow aquifer, and the sandy soils allow the contaminants to reach the groundwater faster than other soil types,” said Doug Jones, chief of the Florida Department of Environmental Protection’s bureau of waste cleanup.

Jones said he was pleased with the EPA’s decision to deny further use of MSMA. In a four-page letter earlier this year, he had criticized the federal agency for understating the weed-killer’s cancer-causing capability.

Computer models showed that repeated application of MSMA would allow arsenic concentrations of 45 parts per million to build up in soil, Jones wrote.

In Florida, officials require arsenic spills in residential areas to be cleaned up to 2.1 parts per million.

At that point, the cancer risk is estimated at no more than a one-in-a-million chance.

“You look around golf courses where herbicides are being legally applied and you’re still seeing contamination higher than our (residential) cleanup rate,” Jones said.

By any measure, arsenic is bad for your health. Studies show exposure increases the risk for heart disease, diabetes as well as liver, lung and other types of cancer. A naturally occurring element, arsenic can make you sick if you breathe it in, swallow it or touch it.

MSMA has been a popular choice among cotton growers and turf managers since it appeared on shelves in the 1960s. Each year, farmers and turf managers spray 3 million pounds of MSMA or the similar DSMA nationwide, the EPA estimates.

Read more: http://www.naplesnews.com/news/2006/oct ... de_pulled/

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

Changes to map questioned

Post by Nydia Tisdale » June 15th, 2011, 6:33 am

Opponents of golf course plan target land-use designations

Forsyth County News
By Julie Arrington
August 17, 2007

Opposition to a major residential development proposed for the site of Lanier Golf Course appears rooted in changes made to the county's future land-use map.

A November 2003 draft of the map shows the Lanier Golf Course off Buford Dam Road as having a private parkland designation.

The map was designed after the county held two public hearings on the issue and a consulting firm gathered input from residents countywide.

The Forsyth County News published the map in its Nov. 16, 2003, issue.

The map the county now follows was adopted in February 2004, after the state reviewed it. The map shows the course as having an activity center designation.

Jim Quinn, whose yard backs up to the golf course, said he has listened to tapes of every Forsyth County Board of Commissioners meeting between Dec. 8, 2003, and February 2004.

"There was absolutely no public discussion on any of the tapes I have," Quinn said.

During that December meeting, then-Commissioner Marcie Kreager expressed concern that changes to the map since the newspaper ran it had not been widely publicized.

The information was available at the county's planning and development department. The board agreed to approve the map so it could be sent to the state on time and public hearings could be held on the new changes.

A review of minutes from meetings held during the time Quinn specified do not reflect a public hearing on the issue. "That's the only map that the public saw until it was adopted in February 2004," Quinn said.

"They altered the map and sent it on to the state without informing anyone of these changes that they made. Then they got it back from the state and approved it."

Wellstone LLC plans to buy the 170-acre course from George Bagley Jr. and Jack Manton and turn it into a 770- unit residential development with an additional 300-unit continuing care retirement center.

The county planning commission is set to consider the company's request to rezone the property from agricultural to a master planned district on Aug. 28.

Wellstone contends that the property's activity center designation complies with its plans.

Under the county's comprehensive plan, an activity center is allowed varied land uses including commercial, entertainment, limited residential and public or institutional.

Private parkland is privately owned land used for active and passive recreation and may include subdivision amenity areas, golf courses and Army Corps of Engineers recreation sites.

Residents fought the rezoning in court this summer and lost.

A Superior Court judge ruled in the county's favor because the property had not been rezoned and the complaint was premature.

Commission Chairman Charles Laughinghouse is the only current commissioner who was on the board when it adopted the land-use plan.

Citing possible litigation, Laughinghouse declined comment on whether the current board would address the issue of land-use map changes.

He did say, however, that he is open to holding a public hearing and that interested residents should contact him.

The board is expected to vote on the rezoning request following the planning commission meeting.

Quinn, who was a plaintiff in the lawsuit, said residents will take the county to court again if the board approves the rezoning.

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

Lanier Golf Club ~ Wellstone, LLC public hearing in 2007

Post by Nydia Tisdale » June 15th, 2011, 7:49 am

FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING AGENDA
AUGUST 28, 2007 @ 6:30 P.M.

Watch video here:
http://www.forsythco.com/video.asp?wmsI ... +PART1.wmv
Right click, Zoom, Full Screen, fast forward 2 hours, 3 minutes

2:04 Emory Lipscomb, attorney for Wellstone
2:18 Jonathan Weintraub, attorney for Save Lanier Golf Club
2:30 Glynn Groszmann, professional engineer
2:35 Paul Baron
2:38 Robert Hasse
2:42 Darcie Holcomb

Watch video here:
http://www.forsythco.com/video.asp?wmsI ... +PART2.wmv
0:00 Fred Ottowell

X. PUBLIC HEARINGS FOR REZONINGS
3. Wellstone, LLC ZA3370

Rezone from A1 to MPD on 172.349 acres
Location: On Buford Dam Road, Fairway Drive, Samples Road, Canon Creek Drive, Fairway Overlook and Fairway Lane. The property is known as the Lanier Golf Club. This property is located in the Commission District #5.

Planning Commission recommendation for DENIAL
http://estatus.forsythco.com/files/PLAN ... ZA3370.PDF

Lanier Golf Club May Be Sold - Lake Lanier
http://www.lakelanier.com/20070902227/n ... y-be-sold/

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

Minutes from 2007 public hearing

Post by Nydia Tisdale » June 15th, 2011, 8:06 am

FORSYTH COUNTY PLANNING COMMISSION
REGULAR MEETING
AUGUST 28, 2007

UNDER PUBLIC HEARINGS FOR REZONINGS THE FOLLOWING ACTIONS WERE TAKEN:

Wellstone, LLC ZA #3370 Commission District #5

This request involves rezoning 172.349 acres from an Agricultural District (A1) to a Master Planned District (MPD) to allow the proposed use/development of a CCRC, retail space and single family homes on this property. This property is located on Buford Dam Road, Fairway Drive, Samples Road, Canon Creek Drive, Fairway Overlook and Fairway Lane. There was a motion by Mary Helen McGruder to open the public hearing and allow 20 minutes per side. Bettina Hammond seconded the motion. Motion carried unanimously.

There were seven people present at the Public Hearing held on August 28, 2007 speaking in opposition to this request. There was a motion made by Brant Meadows to further extend the time per side by 10 minutes. Barry Russell seconded the motion. Motion carried unanimously. There was a motion by Mary Helen McGruder and a second by Bettina Hammond to close the Public Hearing. Motion carried unanimously. There was a motion by Mary Helen McGruder and a second by Pam Livesay to send this request to the Board of Commissioners with a recommendation of APPROVAL FROM A1 TO MPD WITH THE FOLLOWING CONDITIONS:

1. Soil analysis study shall be prepared and submitted to Forsyth County Planning and Development and Forsyth County Engineering for review before any site development permits are approved.

2. Development of this proposed site is subject to the conditions as provided in Attachment A and subject to the limitations placed on allowable modifications as described in Attachment B to the DRI Plan of Development (#1200) as proposed by (GMRDC) Georgia Mountains Regional Development Center and (GRTA) Georgia Regional Transportation Authority.

3. The existing grounds of this golf course will not be allowed to be left in an abandoned state of repair once the zoning is final.

4. This property lies within the City of Cumming's water and sewer service area. The developer shall provide off-site improvements as required to provide adequate water and sewer service to this project.

5. A 12 inch watermain is required along the Buford Dam Road within a 10 foot water easement connecting to existing 12 inch watermains on each end. A 12 inch watermain is required to go through the subdivision and extend to the Mashburn Elementary School. All other watermains within the subdivision shall be 8 inch.

6. An off-site sanitary sewer pump is required to serve this development. A gravity sewermain is required up to Samples Road, and the existing pump station taken out of service.

7. Sanitary sewer capacity should be purchased at the City of Cumming Department of Utilities. Capacity is limited and is assigned by the Mayor and City Council on a case-by-case basis.

8. All proposed utilities shall meet the technical specifications and construction standards of the City of Cumming Department of Utilities.

9. This property lies within the City of Cumming's water and sewer service area. The developer shall provide off-site improvements as required to provide adequate water and sewer service to this project.

10. A 12 inch watermain is required along the Buford Dam Road within a 10 foot water easement connecting to existing 12 inch watermains on each end. A 12 inch watermain is required to go through the subdivision and extend to the Mashburn Elementary School. All other watermains within the subdivision shall be 8 inch.

11. An off-site sanitary sewer pump is required to serve this development. A gravity sewermain is required up to Samples Road, and the existing pump station taken out of service.

12. Sanitary sewer capacity should be purchased at the City of Cumming Department of Utilities. Capacity is limited and is assigned by the Mayor and City Council on a case-by-case basis.

13. All proposed utilities shall meet the technical specifications and construction standards of the City of Cumming Department of Utilities.

14. Any wetland or stream mitigation required will be done within Forsyth County and that there will be a twenty-five foot (25’) undisturbed buffer adjacent to all properties located along Fairview Drive.

Vote was two (Livesay and McGruder) in favor and three opposed (Hammond, Meadows and Russell). Motion died for lack of majority vote.

There was a motion by Bettina Hammond to send this request to the Board of Commissioners with a recommendation of DENIAL for the following reasons:


1. Failure to comply with the Comprehensive Plan, Chapter 7, Page 14, Activities Centers.

2. Chapter 7, Page 18, Community Goal 1, Encourage Activities Centers at major intersections and discourage land use changes that lead to strip development patterns.

3. Chapter 7, Page 20, Goal 5, Connect Activity Centers to adjoining residential neighborhoods with sidewalks.

4. III Subarea Committee Recommendations, Page 15, Section A, Buford/Georgia 20 East subarea vision, new activity centers will be located near the intersection of Georgia 20 and Sanders Road and Georgia 20 and Windermere Parkway.

Brant Meadows seconded motion for discussion. Brant Meadows made a motion to amend Bettina Hammond’s motion with the addition of the following:

1. Failure to meet Forsyth County Unified Development Code, Article 3, Considerations for Rezoning Request and Conditional Use Applications, 8-3.1, General Considerations D and E and 8-3.2, Special Considerations, B, 1, 3, and 4.

Bettina Hammond seconded the amendment.

Mary Helen McGruder made the following statement:

“I know that this is not going to be popular but, when a property owner files a rezoning application that complies with the regulations set out by Forsyth County including conforming to the Land Use Map, as approved, and adheres to the requirements of the Unified Development Code and receives recommendations of approval from all pertinent government agencies, including Georgia Mountain, RDC, GRTA and the Forsyth County Planning staff, then they should have a reasonable expectation that their property can be rezoned as requested according to the current ordinances of our County.

"If this is not the case, then I am deeply concerned that none of us are protected and that our society has become one ruled by emotion instead of one that complies with the rule of law. If we vote to rezone by neighborhood permission instead of legal authority then we might as well forget all of the changes that we worked on for the Unified Development Code because we are sending a message that we have become a County where the rules are not important any more. Thank you.”

Vote on Brant Meadow’s amendment to Bettina Hammond’s motion was three (Hammond, Meadows and Russell) in favor and two (Livesay and McGruder) opposed. Motion carries.

Vote on Bettina Hammond’s motion for denial was three (Hammond, Meadows and Russell) in favor and two (Livesay and McGruder) opposed. Motion carries.


http://www.forsythco.com/meetagend_deta ... nfoID=1194

User avatar
Nydia Tisdale
Posts: 5940
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
Contact:

Lanier Golf Club rezoning request denied unanimously ~ video

Post by Nydia Tisdale » June 15th, 2011, 8:30 am

FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARINGS
SEPTEMBER 20, 2007

Watch video here:
http://www.forsythco.com/video.asp?wmsI ... _PART1.wmv
Right click, Zoom, Full Screen, fast forward
Public Comment speakers
11:20 - 14:44 Paul B. Baron
14:45 - 18:30 Ken Leach

New Business:
Rezoning requests: (Director of Planning & Development)
Wellstone, LLC, ZA# 3370, A1 to MPD – District #5.

Watch video here:
http://www.forsythco.com/video.asp?wmsI ... _PART2.wmv
Right click, Zoom, Full Screen, fast forward
11:30 - 21:15 Commissioners vote unanimously for DENIAL.

Post Reply

Who is online

Users browsing this forum: No registered users and 6 guests