Preserve Hickory Flat

This petition had 716 supporters

The Issue

  This petition is to bring awareness and document the wishes of Cherokee County residents as it relates to the rapid growth of new construction in the greater unincorporated Hickory Flat area. As you may be aware Stanley Martin (Stanley Martin Custom Homes, 11710 Plaza America Dr #950, Reston, VA 20190) has proposed the construction of a new subdivision located on parcels 03-1160-0002, 03-1161-0001 and 03-1161-0051. These parcels are located directly across from the Falls at Mill Creek subdivision and Marvin Land Lane, on E Cherokee Dr. (Address is 7025 East Cherokee Dr Canton, GA30115). The Cherokee County application number is PL20210000161. Some major concerns are listed below with remarks and source information.

1. As a part of this application the Cherokee County Engineering Department has conducted a traffic study in which their conclusion can be found below.

[East Cherokee Drive should be able to handle the additional traffic generated by this application. Provided that the left turn lane is included at the entrance across from Little Shoals Drive. It would also be preferred that the construction of the entrance include a left turn lane into Little Shoals Drive as part of the entrance design.] - REZONING MEMORANDUM

This study is based off of data taken by GDOT in July of 2020, during the COVID 19 pandemic, most of the citizens were working from home, and the data is almost a year old. Based on current real estate trends, the pandemic, and an exponential growth factor in this area it is entirely likely that this traffic study has outdated or skewed data. It also mentions "Should" which does not necessarily mean will or can.

2. In addition, the Zoning Department may have reached out to the Cherokee County Sheriff’s office for any concerns on the law enforcement side. The response from Lt. David Simmons is below.

[My main concern for this proposed property is the entrances are opposite of The Falls at Mill Creek and the density of traffic already existing on East Cherokee Dr. In addition, I am concerned with the proposal of independent and assisted living facilities at the front of the proposed neighborhood. These are becoming more prevalent in our area and generate a different type of traffic issue as an older population and driver attempt to negotiate complex traffic patterns without the benefit of traffic control devices.]

Again, traffic becomes an issue but with concerns now of safety and higher traffic flow.

3. On the sewage and waste disposal side the Cherokee County Water & Sewage Authority had done some research in regards to the proposed area and its zoning applications. It appears that this subdivision may generate a peak of 116,640 gallons of waste. Further, according to the CCWSA it is undetermined at this time if there is adequate water pressure for additional fire protection that may be required and, as of the date of this document it is unknown what the sewer line capacity is. The projected plant availability is protected at 0-5 years. This document also states that, "Rezoning does not insure water/sewer capacity" and, "The CCWSA Has Directed That A Water Flow And Pressure Test Be Performed Prior To Submitting To The Commission And Cherokee Planning And Zoning Board. Please Contact Ricky Dobbs(CCWSA)".

4. On June 10th 2021 the Cherokee County Schools wrote to Stanley Martin LLC with a response as stated below.

[ The Cherokee County School District's Division of Support Services is in receipt of your zoning application 21-07-020 requesting the rezoning of 57.4 +/-acres from AG/PUD to R20/R30 for construction of 81 single-family residential units. Please reference the attached zoning impact report for details on the projected effect of your proposed development on CCSD enrollment.
 
 It is the position of the School District that all developers should attempt to voluntarily mitigate the impact of their proposed development. In every such case, the District designates a minimum contribution to help provide adequate facilities for the school age children who will occupy the residences in the development. A meeting between the School District and the property developer is requested prior to the zoning hearing in order to discuss the impact of your proposed development on area schools as well as a consistent donation to mitigate the impact on the School District.
 
   Over a decade of rapid growth and development has increased the overall population of Cherokee County, placing a strain on infrastructure and public safety. These same developments have an impact on School District facilities as well. The School District strives to be proactive in establishing new schools to open when and where they are most needed. Given the explosive growth of the past decade, rising budget constraints, and un-funded or under-funded State mandates, achieving this objective continues to be a formidable task. The School District relies on donations provided by developers to help obtain additional property to construct schools, or to purchase/relocate portable classrooms to provide temporary relief for overcrowding and offset the costs while a more permanent solution is developed. It is the School District's belief that your willingness to voluntarily address and mitigate the logical consequences of your proposed development will promote the value and marketability of your development by providing adequate school facilities for the new residents of your development.

  In cases where no agreement can be reached, the School District can make no guarantee that the proposed development will remain in the same school boundary area. All school boundaries are evaluated annually for overcrowding concerns during the annual Attendance Area Focus Group Process. ]

As of today's date, June 19th 2021 no such record of the aforementioned meeting was found. Essentially, the school district appears to be looking for a monetary donation from the developer to guarantee corporation. Yet, they made clear that the rapid growth and development has placed a strain on infrastructure and public safety as well as the school district.

5. The current county land use plan shows both Western facing properties as Agricultural (Doss, Feeney) as well as the primary Eastern facing property (Van Camp) Agricultural as well. All three of these properties are active use farm land with livestock. A recent revision to the Hickory Flat Land Use plans has also been submitted. This plan mentions the areas north of the four concerns of Hickory Flat as "Agricultural Residential". This follows the "County Estates" idea of the County Land Use Plan of 2008. The larger lots and estates are not in line with the definitions. Per the future land map approved and designed by the county planning department the "Suburban Growth" as it’s called is intended for the opposite side of E Cherokee Drive.

6. Shannon Fitzgerald, the county arborist also suggested to Stanley Martin LLC that they review all wetlands and state waters during the zoning process. She mentions, "A site visit will be conducted to confirm stream/wetland locations as part of LDP
submittal/review. A report from a qualified environmental consultant confirming locations of all State waters and jurisdictional wetlands is strongly recommended as part of due diligence during rezoning, and should be included with LDP submittal"

As of today’s date, no record can be found of any third party environmental consultant confirming these locations. Based on the Western facing property (Feeney) it is extremely likely that several underground springs or unknown wetlands may exist and are not yet detected as a failure to take the county recommendations.

7. Based on the proposed site these lot sizes will be smaller, much smaller than the average lot in this immediate area. The Falls at Mill Creek and North Hampton, the two closest subdivisions and the precedent that the developer and attorney have mentioned as a reason why this rezoning shall be allowed were also developed in the late 1990's and early 2000's. This is long before the 2008 future land use plan agreed on by the county had been voted on and put in effect. To allow such an uncomforting subdivision or even the rezoning process would be entirely inconsistent with the plan labeling this area, "Country Estates". On page 46 of the November 20th 2018 Comprehensive Plan Update document it describes Country Estates as follows:

- Maintain the estate lot minimum requirement of 80,000 square feet or
more
- Ensure that development does not disturb rural areas or obstruct scenic
views or vistas

The Country Estates character area is noted for its low intensity housing, horse farms, and agricultural production. Country Estates serves as a
transition between rural and suburban areas as well. This area promotes
farming and livestock production along with large lot housing that does not
disturb the surrounding rural areas. Country Estates residential lots are
typically around two acres or more, with more prevalent housing
development than in Rural Places. This Character Area contains lands that
are sparsely developed, sometimes contain agricultural production, or have
been developed as “estate farms” and large-lot subdivisions. Horse farms
and equestrian related developments dot the area landscape. This mixture
provides a low-intensity residential community.

The intent of this Character Area is to retain the low-intensity nature of the
area by supporting the existing production-oriented agricultural activities
such as animal production and crop cultivation and encourage the further
development of large lot estates and “gentlemen’s farms” that blend into the
overall fabric of the area.

In conclusion, subdivisions such as this one being proposed in a rural area do not only create higher traffic concerns but concerns about school attendance, public safety, infrastructure, environmental impacts, etc. When looking at the real estate market the proposed home prices, lot sizes, and features do not conform to this area or its intended plans as agreed upon by the county or the citizens of Cherokee County. We must voice our opposition and keep Hickory Flat and Country Estates as amazing as it is now. We cannot afford to become another downtown Woodstock and over saturate or precious multi-generational farm land. Please show your support and help us stop Stanley Martin!

 

 

 

The Decision Makers

Cherokee County Zoning Commission
Cherokee County Zoning Commission
Jeff Watkins
Jeff Watkins
Michael chapman
Michael chapman
Lisa Tressler
Lisa Tressler
Tim Ragsdale
Tim Ragsdale

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Petition created on June 19, 2021