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DEL.ICIO.USBehind every rezoning sign there’s a story
The Atlanta Journal-Constitution
Orange, yellow and blue signs dot the landscape around Snellville. The blue are requests for annexation into city limits. Yellow is for rezonings. Orange reflects land use changes.
You can see them along U.S, 78, Temple Johnson and Rosebud roads. So far this year, Snellville has received 10 annexation proposals and 18 rezoning requests.
Each one has a story. Each requires time and attention. Some have significant opposition. All raise questions.
Conflicts are common when the drive for services, development and profit clash with the fight for quality of life.
Rarely are the answers clear cut. When is a landowner protecting his rights? When is he being greedy? When are nearby homeowners justified? When are they unreasonable? When is change and growth OK?
Here’s just one case to try on for size:
Long ago and not so far away, a four-room schoolhouse stood at Rosebud and Brushy Fork roads. The school house eventually burned. A red brick ranch was built in 1965.
Five years later, an equipment manufacturing company settled onto property next to the home. Allowing the industry to put down roots amounted to a “spot zoning,” Snellville planners said.
Remember, this was 37 years ago in rural Gwinnett County. The area between Snellville and Loganville, though residential, was filled with wooded lots and green pastures.
Fast forward to today. The area is no longer rural. Subdivision after subdivision has sprouted around the industrial plant, along with a couple of churches, a school and a golf course. Recently built homes are still for sale just up the street.
The company, Tomco2 Systems — which manufactures carbon dioxide equipment, including storage tanks — has grown. Its Web site says it is the worldwide leader in carbon dioxide products and services, with a China market and international shipping. Tomco2 has been a good neighbor, according to homeowners who spoke at a recent public meeting. (Company officials have not commented in response to my calls on Wednesday,)
Today the ranch home sits abandoned, Steve Moon, who bought the home in 1993 and lived there until 2003, says noise from Tomco2 makes it unsuitable for daily life (particularly sleeping). He wants his property annexed into the city of Snellville and rezoned from residential to office/professional so it can be the site for a day-care center.
Area homeowners oppose Moon’s request, saying it departs from the residential nature of the area. They’ve lived with Tomco2 as a neighbor and do not mind its presence, but if a day care opens, a slippery slope to further commercialization is created, they say.
Homeowners also argue that the intersection of Brushy Fork and Rosebud is too dangerous for a day-care center. And they don’t want what they feel will be additional traffic.
Lonnie Todd, president of LT Construction, Inc. is working with Today’s Kids Inc. to develop the “child development center” at the site. He said the noise from Tomco2 will not bother the day care. The center will only be open during weekdays, and it will not create additional traffic, he said. And the intersection is much safer for a day-care center than locations along U.S. 78, he says.
Some 80 e-mails opposing the change have been sent to Snellville Planning Commission members and others in recent weeks.
Snellville city planners and the planning commission have recommended approval, saying the child care center would provide a service and be a reasonable and “transitional” use for the site. They’ve added stipulations, including one for a traffic study to determine safety needs at the intersection.
This is not the first time a change has been pursued for that location. In 2005, Gwinnett County turned down a request to rezone it for a convenience store. The county objected to that land use and objects to current plans for a day care.
The matter is now going through “dispute resolution” between the county and city. No Snellville City Council action on the rezoning or annexation will occur until after that process is complete, which could take months.
Moon acknowledges that he has had previous chances to sell the property. The county offered $245,000 for it for a new fire station, he said. And Tomco2 offered to purchase the land for a parking lot.
But Moon turned down both because the amounts were based on the residential zoning and were low. If the property is going to be used for something other than a residence, he should be paid a commercial rate, Moon said. His contract to sell the property for a day care will pay $500,000, he said.
Mike Beaudreau, county commissioner for that area, said this is a case of the property owner trying to “extract every last penny from his property.”
“This is another example of if they don’t get what they want from the county, they go to the city,” Beaudreau said. “I have confidence the mayor and council will see that this is not a congruent use for the property.”
So, what do you think? In this battle of growth, who wears the white hat?
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By BobG
September 6, 2007 8:03 AM | Link to this
Susan, thank you for highlighting the history of this tract. For the reasons why this proposal is just another example of the spot zoning and insensible development for which Gwinnett has become known, visit the community web site at rosebudga.com.
By jb
September 6, 2007 8:15 AM | Link to this
Is a child care facility growth or is it a response to growth?
If it were not for the homes and people living and raising familes in those homes, a child care center would not be a viable use of the property.
According to all of the Smart Growth advocates Triditional Neighborhoods and Sustainable Development require a mix of uses.
By SF
September 6, 2007 8:53 AM | Link to this
My family has lived in the area you are talking about since Hwy 78 was a dirt road. I grew up just a few yards away from Steve’s family. The area is not the same as it was when we grew up there. When we were in school there were no subdivisions on Rosebud Rd. I think the faimilies that have lived there for generations are entitled to make a decent profit off of their land. Gwinnett County has changed so much in the last 30 years that no one who grew up here wants to stay.
Most of the people who are fighting the re-zoning are people who have moved here in the last few years and thinks everything should stop changing just because they arrived.
There is a new Elementary School near this property and I think there is a need for a daycare center there. Alson, there are no houses that adjoin this propery, just Tomco and the golf course.
By monteal
September 6, 2007 9:10 AM | Link to this
and whats wrong with the owner gaining profit form the property they act like he’s evil in reality its just good business If I were in the neighborhood I’d much rather have a daycare then a fire station (noisy) I live in lilburn just up the street and I don’t understand why people move to a place like atl metro that is growing leaps and bounds and then complain when it contiune to grow, this dosen’t seem to me to be a extreme case that needs to be stopped
I live on five forks and am concerned about the county widening five forks and takeing the buffer between me and the road there fore lowering my property value greatly and making this house far less desirable to live in , the only thing that would fix that if I could get the zoneing changed ( their are alot of houses along five forks that will be effected by this)
By sandy
September 6, 2007 9:44 AM | Link to this
RIDICULOUS! Let this parcel be rezoned. No one wants to live in that house! If it is not re-zoned, it will become and will always be rental property and look like crap anyway. Is that what you want? Look at any ranch house along a busy road…it looks like a#$.
By Gwinnettian
September 6, 2007 10:01 AM | Link to this
What amazes me is that Mr. Moon said the noise, etc. from TOMCO is annoying . . but yet he wants to sell it to someone who is going to build a day care there. Does that make sense. Who in their right mind would want to have a day care next to a business that is noisy? Nevertheless, I understand his plight to get the most for his property …who wouldn’t want to get the most of their property? I too have lived in Gwinnett all my life (not very far from Rosebud Road) and remember the way Rosebud Road was years ago. I believe people who have lived here all their lives are entitled to getting the most for their property and agree with SF. It isn’t easy for me to contemplate leaving the place where my family members are buried and lived for generations, however, this county has become a disaster . . with regards to zoning, crime, etc. The way I see it there is no choice in the matter. I wouldn’t call it white plight . . I would call it plight of the wary.
By BobG
September 6, 2007 10:03 AM | Link to this
Susan, this particular case (and thousands like it across the county) is not really a battle of growth. And there aren’t any white hats and black hats, good guys and bad guys.
This is simply about balancing the rights of one property owner against the equally-valid rights of other property owners. And it is about following a plan.
The county and the city each have a Land Use Plan (LUP) that creates an expectation on the part of those moving into the area that nearby properties will be used in a certain way. The LUP (and associated zoning laws) should provide assurance that one owner’s use will not negatively impact on another owner’s use and enjoyment or value of their property.
The rezoning process is the established procedure for resolving these issues. The applicant is not a bad guy for asking for the rezoning, but neither are area homeowners the bad guys for using the same process to oppose the rezoning.
The LUP calls for low-density residential for this tract. Even though the community was willing to accept a fire station or an expansion of TomCo’s parking, it has the right to expect that the elected officials simply follow the plan and deny this request.
At any time prior to this rezoning application, the owner could have applied to the city or county for a change in the LUP for his property. His right to seek a different designation for his property has never been restricted. But he did not do so.
At this point, all the community asks now is that the plan— and our just expectation— be honored and respected.
By Loganville Mom
September 6, 2007 10:05 AM | Link to this
I have only been a resident in a subdivision off Rosebud for 8 years, but I am young and it is the first house I bought and I do plan to stay here. Since I have lived here I have seen MANY accidents at this intersection and as I go past it several times a day I am often cut off from people making that turn. I can see both sides of the arguement, especially since a daycare center would be a good place to enroll my children in the pre k program. However, if that was going to happen the entire intersection should been redone at whose expense? Should it be the developer? The homeowner selling to make a larger profit? Or perhaps everyone in the county, even those living in Lilburn should chip in to pay so that the current property owner can make more money? I can see many sides, but at this time I think TomCo 2 should buy it at a reasonable cost and use it since it has been addressed as “unliveable.” For the Lonnie Todd, maybe you should check out the land at the intersection of Rosebud and Old Loganville where the homeowner wanted to sell for a gas station. A daycare center there would be further out of traffic, closer to all the “new subdivisions,” and perhaps would make more sense. Just my $.02 and hopefully as a resident I am entitled to that!
By Tom
September 6, 2007 12:51 PM | Link to this
The City of Snellville needs more tax money and knows more than the county. About the noise, I guess the daycare center won’t have any babies ot toddlers that will be taking naps during the day. How far out can the city of Snellville go out and annex property? All the way to the Loganville city limits. What can the citizens do when the city is only interested in the collection of taxes.
By Alan M
September 6, 2007 3:10 PM | Link to this
Susan,
This is really nothing more than greed driven request by Mr. Moon whose arguments don’t hold water when put to the test.
He says it’s too noisy yet there are new homes directly across Brushy Fork from his property. These homes are not having problems selling because of noise.
It’s too noisy, yet he AND the Snellville planning commission are willing to put children there.
You are correct. TOMCO2 has been a good neighbor for the 15 years that I have lived in the area, and apprantly through out their history in the area.
Still, where is the wisdom in putting a day care center right next to a company manufactures carbon dioxide equipment? Really, is that where any of us want kids? The potential for an incident that could easily cause harm to those children is MUCH greater there.
But wait, the county made a good offer for he property for a fire station that is sorely needed in this area. How much sense does it make to put a fire station next to TOMCO? A lot. Great use for the land. Great location just in case something ever does happen at TOMCO and a great offer considering that Mr. Moon paid only $100,000.00 for the property in 1993.
That’s right. $100,000.00 in 1993 and now he stands to sell the property for over half a million dollars. In just 14 years!
We should all be that “lucky”.
It’s just greed. Mr. Moon does not live in the area any longer and as a result, probably cares nothing about anyone that does.
And as for the city of Snellville, again, just greed. They build their tax base yet will really provide NO services for this area except for the police cars that cruise by there anyway. Nope. Gwinnett county will provide the fire services, road maintenance and will be the ones to respond to the auto accidents that will happen. And the citizens of Gwinnett county will pay for that.
But Snellville, they will get the money. And they too have little reason to care about the Gwinnett county residents who live in the area.
It’s simply greed. Shameful, irresponsible, greed.
By Gorden Gekko
September 6, 2007 4:17 PM | Link to this
What is the definition of “greed”? I’ll tell you: it’s bitterness and hatred that the other guy might make a buck. Hypocritical NIMBY socialists, you would be the first to try to wring every dollar out of it if it belonged to you. Why don’t you buy it yourself and keep it the pristine site that it is? No, you want the government to work its bayonet-will upon a private property owner.
By BravesfanAtlanta
September 6, 2007 5:21 PM | Link to this
If you are in this situation then you want what the fair market is. If your property is going commercial then you have every right to expect fair market value for commercial property. Why should we as homeowners take less? What is the deal to that. Homeowners that are moved out or forces out of their homes due to growth deserve commercial money if there is to be commercial property sitting there in the future. They did not buy the home with growth in mind, they bought it to live in. This happens all the time and the homeowner who has to uproot, find another home that he likes as well, local to work, good neighborhood, keep kids in same schools. Not to mention that the comfort level drops to a record low when you are asked to take a offer for a home that is lower then it would cost you to buy a new one. Come on, I would go from no payments to a $1,000 month home payment for what they would give me. I am not willing to reduse my comfort level for the county.
So give the homeowner his due. Commercial is commercial. They need to pay him for his home, trouble, memories and everything else. Pay the man.
By Loganville Mom
September 6, 2007 5:50 PM | Link to this
BravesfanAtlanta-he hasn’t lived there for 4 years and the company has been there for many more years than when he bought the house, so most of the points are not valid at least for this situation. He isn’t a resident, just a homeowner sitting on getting a good deal for the last handful of years and turning down every other offer he has been given.
Gorden-sorry to hear how strongly you feel!
By ric
September 6, 2007 8:01 PM | Link to this
Alan M,
I hope you read Gordon’s post and are planning on defining “greed”. After reading your post it seems you are the definition of “greed” since you don’t think it’s “lucky” for someone to be sitting on a deal that is not available to you. Steve Moon, get all you can man, God Bless Capitalism!
By AJC reader
September 7, 2007 8:35 AM | Link to this
I can’t understand why some of you have no qualms with big developers buying up cheap land from locals, making fortunes, but you call one little individual guy trying to get the most for his investment, greedy. This is capitalism,folks,and I personally hope the guy gets top dollar because it looks like he’s gone through a lot of grief just getting some business-interest big dog officials to even listen to his plight.
By D.E. Datry
September 7, 2007 10:53 AM | Link to this
We have in South Gwinnett since1956 lived in the Rosebud Old Loganville Rd
By D.E. Datry
September 7, 2007 11:07 AM | Link to this
We have lived in South Gwinnett since 1956 and the last 20 years on Pate Rd. We have enjoyed our privacy via 3 plus acres. I am certain you remeber the story of the Camel that put the nose under the tent and it was not long until he was completely in the tent. As we understand Ga Law once having zoned (spot) a property the ajacent properties have equal rights.
By Alan M
September 7, 2007 12:16 PM | Link to this
For those of you that appear to be so poorly educated that you don’t know the difference between “greed” and “capitalism”, let me clear it up for you.
Greed: An excessive desire to acquire or possess more than what one needs or deserves, especially with respect to material wealth
Capitalism: an economic system in which investment in and ownership of the means of production, distribution, and exchange of wealth is made and maintained chiefly by private individuals or corporations, esp. as contrasted to cooperatively or state-owned means of wealth.
So, there is no denying that capitalism is working. That was never questioned. If the seller sells the property to the county for a fire station and makes a profit that is more than typical, that’s still capitalism. No one has mentioned a desire to stop that. In fact, no one even brought it up until you did Gordon.
The key phrase in the definition of “Greed” is “more than what one needs or deserves”.
No one wants to keep the property as it is. Why be ridiculous and childish?
And since we like to use new words here, let’s use this one.. Democracy as in “Can you say democracy children? I thought you could?”
The definition of democracy mentions other phrases that you may be familiar with.
Majority rule - i.e., more people do NOT want a day care center on this property than do.
By the people - i.e., again, where the majority rules (see majority rule)
So, we do still live city, county, state and country where democracy is in effect. Except as some of you make it appear in this case.
I suspect that your motives may also be rooted in greed.
Oh, and let’s talk about the government’s “bayonet will”. If it’s not in the city, the county opposes the change in zoning and the majority of the nearby residents don’t want it, who is actually getting the bayonet Gordon.
Come one people, wake up, take your blinders off and look around you..
You are not even talking about the real issues that have been mentioned regarding the case.
By Alan M
September 7, 2007 12:24 PM | Link to this
I’m sorry Gorden. my mistake, you did NOT mention capitalism. That was Ric.
No, you were the one that made the word childish come to my mind with the name calling and some idea that you really have a clue about what I want the government to do. You know what happens when you ASSume Gorden?
By SC
September 7, 2007 3:39 PM | Link to this
First of all we grew up in this area, graduated from South Gwinnett High School and have lived on Rosebud Road for 37 years. Needless to say, we have seen a vast change in our community. As a matter of fact, we didn’t really want to see the changes, but they happened anyway. It’s pretty apparent that there are communities all around us, that the traffic has become horrendous, and that there are trailers located at every school. I don’t know when Gwinnett County developed a Land Use Plan but I am sure that many rezonings have been agreed upon in the past that were outside of that Land Use Plan. I really don’t understand why the county has a Land Use Plan anyway because things in areas are bound to change — especially in Gwinnett County— over the period of time that the Land Use Plan covers.
I believe that what has happened in our community is that people have moved in and they want to close the door behind them. They want no more development, no commercial, no office buildings, NOTHING. They want no new services for the people that are already living in the community. Let’s just leave things status quo. But you know what? We were not able to close the door and keep things from changing around us and the new people should not be able to do it either.
For those of you who aren’t aware, the property for a fire station was purchased several months ago and the ground breaking took place this week.
Most people agree that Tomco has been a good neighbor. Since they have had no accidents at their site and they have a church located on the other side of them, I think that the proposed day care center would be safe for our children. There’s also an elementary school located right down the road from them.
It seems to me that the county commisioners are favoring the new residents in an area and voting rezonings down to please them. People like us who have lived here all our lives don’t seem to have a voice and that leads them to seek annexation in the City of Snellville.
Also many of you might not be aware that a rezoning was approved a few years ago for mixed use at the other end of Brushy Fork where it dead ends into Old Loganville Road. This mixed use includes residential and commercial on 3 corners. A lawyer owned this property and it was rezoned by the county with no apparent opposition. It seems like you have to know somebody to get things to go your way with the county.
By MS
September 7, 2007 5:57 PM | Link to this
Sounds like the greedy ones are the County and Tomco2. They both wanted the property for comercial use but were only willing to pay retail prices.The county was willing to rezone for a Fire Station (if they got the land for a bargain ) but not for a private Company ( who would pay a fair Comercial price).Sounds like some double standards by the County Commissioners to me. Mr. Moon deserves to get as much for his property as he can. If its going to be used as comercial then he should get a comercial price.
By Norman
September 7, 2007 7:18 PM | Link to this
Root Cause of the conflict is Snellville’s major’s willingness to do whatever it takes to increase his tax base. His motto seems to be - “resistance is futal, you will be assimilated” (borrowed from the television series Star Trek).
By Norman
September 7, 2007 7:19 PM | Link to this
Root Cause of the conflict is Snellville’s major’s willingness to do whatever it takes to increase his tax base. His motto seems to be - “resistance is futal, you will be assimilated” (borrowed from the television series Star Trek).
By Gwinnettian
September 7, 2007 9:08 PM | Link to this
The Land Use Plan is just a government tool to be used when it is convenient. Can you say “joke!” Steve Moon deserves to get what he can for his property … he was there long before many who live around him. If you want to pull the old “majority” rules thing . . then Steve Moon should pull the “seniority” thing. As one post cleverly pointed out … he didn’t ask for all the development around him. He, like many of us life-time Gwinnettians, would have put a halt on all the development years ago had we had a say in the matter(what happened to majority rule then???) … the “greedy” developers and crooked politicians contributed to the ill-thought out zoning in this county then add to that the influx of people from the four corners of the world.
By jc/tc
September 7, 2007 9:49 PM | Link to this
Sept.7,2007 Its like this I have lived on Rosebud Rd for 50 years. I have seen the changes. We had nothing around us but two houses. We were not asked if all these sub divisions could come in and take down all the trees. Times have changed and so has this area. Rosebud/Old Loganville Rd is one of the most hectic busy intersection around here. Have you ever tried to get out of your drive-way in the mornings? You have to wait, due to the cars backing up. I feel this corner would be great for a Day Care, since the new school is being built not even a mile a way, and Magill Elementary is around the corner. We feel these corners on Rosebud Rd. are very valuable and worth holding onto for the right business. It’s a matter of time that the moratorium will be lifted Dec. 2008 and you will see this area really change. The commissioner does not help this side of the community grow to become a better place. You can not stop new growth in the Rosebud Community.
By Norman
September 8, 2007 1:42 PM | Link to this
The following was taken from http://www.snellville.org/citynews.aspx
There will be two Specially Called Mayor & Council Meetings in August to discuss annexation opportunities. The first will be held on Wednesday, 8/8/07 in the Snellville City Hall Community Room at 6:00pm. The second will be held on Saturday, 8/18/07 in the Betty McMichael Room at T.W. Briscoe Park at 8:30 am. [Posted 8/7/2007]
By Norman
September 8, 2007 9:02 PM | Link to this
Georgia’s New Fair Annexaion Act http://www.dougholt.org/
By mwb
September 9, 2007 10:16 AM | Link to this
Great discussion! But did you read what our county commissioner was quoted as saying? Wow, we certainly are well represented!
By Allen &Pat Richards
September 10, 2007 7:57 PM | Link to this
Susan Great article. I am adamantly opposed to the day care center. I live in the area and I and my family will adversely affected .
By red
September 11, 2007 7:48 AM | Link to this
I’m a property owner on Rosebud Road Near Old Loganville. My family has owned this land for over a hundred years. It just kills me that people like the Rosebud Coalition, Who live in DEVELOPMENTS and Apartment fight every rezoning in the area. With the cost of property taxes in the area, why don’t you buy my property and sit on it. I will sell and I will fight you and the BOC tooth and nail to do so. Its stupid to think that in Gwinnett County, this area will stay completly residential. The BOC should of thought about that 30 years ago, and not now when there are still large landowners, that they are taxing off there land.
By abc
September 11, 2007 9:42 AM | Link to this
Yes, Persons that have owned land for many years do have some rights to benefit. However, the cavet is selling propeties to build Vinal Villages and Metal Boxes and calling them homes and neighborhoods is absurd. The objective of new found money is to leave a legacy and not a slum. And true nothing stays the same forever. lets go for the best we can for our community.
By ric
September 11, 2007 10:36 PM | Link to this
Democracy, what a joke. You need a lesson in history. This country was not founded on democracy, it was founded to be a republic. Whereas people elect officials to represent them. If you have a problem with the changes, make changes at the polls. Until then, quit crying because the guy is going to hit a fat lick in the wallet when he gets a half million.
Democracy = majority rule
majority rule = mob rule
We all can agree on how well mob rule always turns out, eh?
By BobG
September 15, 2007 11:52 AM | Link to this
SC, if you would like to be better informed about growth issues in your community, please frequent RosebudGA.com. I can provide specific details on the Old Loganville / Brushy Fork development if you want them.
First, the zoning at O.L. and B.F. is not mixed use. It is commercial and office with an adjoining residential component.
Second, it was a negotiated agreement with very close involvement of me and other area residents. The owner/developer agreed to some very unique conditions, primarily regarding involvement of the community in the actual development of the property. He agreed to design standards that he didn’t have to do. There was opposition, which was well represented at the hearings. After all was considered, the Commission honored the agreement between the community and the owner.
Third, there are special considerations at this intersection that are not present at O.L. and Rosebud or B.F. and Rosebud. Those special conditions made a negotiated agreement with the owner the better solution.
Since you brought it up, I could cite the O.L./B.F. case as evidence to refute your claim “that people have moved in and they want to close the door behind them. They want no more development, no commercial, no office buildings, NOTHING.” As I stated before, the best solution for this specific intersection was a non-residential development. Thankfully, the owner cared enough about the community to work with area homeowners to produce the best possible solution.
I contrast that with Moon, some of the property owners around Rosebud and O.L. and others, who care so little that they would sell out for a massive, spot development and the community be damned. These folks may still take up space in the area but, mentally and emotionally, they moved out a long time ago. Those of us who are still invested in the area must work overtime to make sure that they don’t leave a “trash pile” behind when they go.
It matters not whether you have lived on Rosebud for decades or for only a few months. What matters is that you care about your community today.
SC said: “…Also many of you might not be aware that a rezoning was approved a few years ago for mixed use at the other end of Brushy Fork where it dead ends into Old Loganville Road. This mixed use includes residential and commercial on 3 corners. A lawyer owned this property and it was rezoned by the county with no apparent opposition. It seems like you have to know somebody to get things to go your way with the county.”
By SC
September 15, 2007 8:47 PM | Link to this
Comments below are in regards to BobG’s statements.
First I am sorry if I did not use the proper terms to describe the rezoning of Old Loganville and Brushy Fork Roads. You are correct in saying that the rezoning that took place was from RA-200 to R-100 CSO (single family conservation subd.), RA-200 to C-1 (O & I) and RA-200 to C-1.
On this particular rezoning you mentioned that there was close involvement of you and other residents and that the owner/developer agreed to some unique conditions. If you are trying to say that unique conditions is what it takes to get your property rezoned, Mr. Moon has already complied. He has agreed to a traffic study that will be done by Gwinnett County. Not only that but whatever they suggest that needs to be done to improve the intersection WILL BE done. He has agreed to drop the O&I and put only a day care center there. Those are conditions he did not have to agree to but he did.
You did not mention what the ‘special considerations’ are at this intersection that are not present at O.L. and Rosebud or B.F. and Rosebud. I dare say that it’s not the conditions that made this rezoning more plausible but it’s the fact that the lawyer has power and prestige and was able to negoiate in such a way that he got exactly what he wanted.
You state that the best solution for this intersection was a NON-residential development. It’s unbelieveable to me how that can be true of that one intersection but at no other places on the road with the exception of Rosebud/Rosebud Centerville where all 4 corners have already been zoned commercial.
Let me quote you…”The County and the city have a Land Use Plan that creates an expectation on the part of those moving into the area that nearby properties will be used in a certain way. The LUP and assoc. zoning laws should provide assurance that one owner’s use will not negatively impact on another owner’s use and enjoyment or value of their proerty. The LUP calls for low density residential for the tract of land..and it has the right to expect that the elected officials simply follow the plan and deny this request.”
The Land Use Plan for the property located at Brushy Fork and Old Loganville also showed “”low density residential”” and was zoned RA - 200. Did the elected officials follow that Land Use Plan? Absolutely NOT. Did they spot zone that intersection? Absolutely YES. I am sure the home owners who lived near this property were in opposition to this rezoning, but it did not matter to the county. Did they decide to do what the lawyer wanted? Yes. And the concessions he made are not anything earth shattering. They are not anything that any other developer/owner would not agree to do. Not only that but the Gwinnett County Planning Board recommended that all 3 tracts stay residential but with a higher density than RA-200 allows. Did the county follow what the Planning Board recommended? NO.
Putting something such as a Day Care Center or a convenience store at a corner such as the one Mr. Moon owns does not increase traffic. It is a convenience for the people who already live here. It also could keep them from going all the way to Hwy. 78, Snellville, Loganville, of Hwy. 20 to get the things that they need.
I can say as an absolute fact that I have lived here a long time. I expected to live on my property until I died. I do not enjoy my property, the litter that’s thrown out, the traffic, the noise, and seeing trailers at every school. My rights have been infrigned upon but no one seems to care especially not the county officials and the activists that want to preach let’s follow the land use plan, let’s not spot zone, let’s not negatively impact another owner’s use, but don’t put what they say into practice.