Cherokee Citizens for Property Rights, LLC
Protecting Property Rights of Cherokee County Land Owners
‘Fantasy’ land-use plan will
devalue land, cost millions
Dear Editor,
The proposed Cherokee County land-use
plan will unquestionably accomplish five
things:
* Devalue the undeveloped land in most of
Cherokee by as much as 40 percent.
* Ignore the forces of the market, by
attempting to "pick and choose" the areas
acceptable for commercial development.
* Worsen the traffic situation on our roads
from daily shoppers having to drive
unreasonable distances for the most basic
necessities.
* Increase already unreasonable property
taxes for the lack of an adequate commercial
tax base.
* Finally, it will create more frivolous lawsuits
and wastes of court time costing the county,
and consequently the taxpayers hundreds of
thousands of dollars.
My question is simply, why? The answer is
the unrealistic mentality that still prevails
amongst our elitist leaders who choose not to
serve the best interests of the majority of
county residents but to pander to the
unreasonable whims of armchair, hobby
planners and no-growth zealots.
We need growth because growth is good. A
county that isn't growing is dying. We have
county projects already planned that are
supposed to be paid for by the financial gains
from growth. This administration has done
everything it possibly can to stop growth and
restrict development and taxpayers will have
to foot the bill. We have existing bills that will
have to be paid from the proceeds of growth
or will be paid for by the already overburdened
Cherokee County taxpayer. I choose growth to
pay these debts.
You can stop this derailing train by standing
now with those that have organized against a
"fantasy" land-use plan that will do nothing for
Cherokee but hurt us and cost us millions.
Charles Horton
Land use plan omits tax benefits
Dear Editor,
Dr. Jeffrey Dorfman, Professor of Agricultural and Applied Economics at UGA, recently asked, “What is
the minimum lot size for septic in Cherokee?” Commissioner Hubbard stated “27,000 square feet.” Dr.
Dorfman said, “that should be your County minimum lot size where sewer is not available.” Two-acre
lot minimums will devour the countryside faster than anything and create a sub-urban sprawl
nightmare. Dorfman also stressed the need for retail commercial centers near county lines to pull tax
dollars from neighboring counties.
Our new land use plan calls for minimum lot sizes in three-fourths of undeveloped Cherokee to be over
80,000 square feet – three times the minimum septic requirement. Can anyone say sprawl?
Neighboring counties all have minimum requirements half the size of ours. Why are we so different?
Our new land use plan does not strategically place substantial commercial nodes on state highways
at county lines. Our only substantial commercial nodes are in the cities and extreme south along I-575.
This means those of us living near county lines will be shopping in our neighboring counties who are
placing commercial near our county lines. We will get all the negative aspects of the commercial
centers, i.e. run-off, traffic, etc., but none of the tax benefits. We need the tax benefits!
Doesn’t sound like smart planning to me. It sounds more like an attempt to build The Great Wall of
Cherokee. Walls are expensive, and they always fall. When it falls, we will all pay for their mistakes with
higher taxes.
Chad Milford
Free Home
Public hearing on land draws full house
By Ashley Fuller Published: 01/17/2008
A full house turned out for the public hearing on Cherokee County's comprehensive plan update to voice
their opinions on future land use.
The Cherokee County Board of Commissioners, along with leaders from Ball Ground and Waleska,
held the hearing Tuesday night as required to submit the updated plan to the state Department of
Community Affairs and the Atlanta Regional Commission for review.
Due to concerns raised by residents at the hearing, the board decided to delay its vote.
"Let's use the opportunity not to rush this and take these comments, consider them and consider any
changes that might, could or should be done," board Chairman Buzz Ahrens said.
The board next will meet at 6 p.m. on Feb. 5 at the Justice Center.
Every 10 years, local governments are required by the state government to update their plans, which
include a future land-use map, policies and strategies that outline how the county should grow in the
future.
Once the plan is sent to the state, it will go through a 60- to 90-day review process to make sure it meets
requirements, County Planning Director Jeff Watkins said. It will then be sent back to the board for final
approval. The approved plan then must be sent to the state by its October deadline.
One concern mentioned several times during the hearing is the intersection of Beavers Road and
Highway 20 in Macedonia, which is designated on the future land-use map as a neighborhood village
center, which allows 50,000 square feet of retail space. Several residents asked for a lower density at
the intersection.
"It will dramatically increase traffic and ruin the rural lifestyle that we came here for," Mary Catarineau of
Macedonia, a former county planning commission and comprehensive plan steering council member,
said of the proposed land use.
Brenda Sexton of Woodstock, who served on the steering council, said she generally supports the plan.
She did suggest the county require a water system capacity analysis for any project that requires a
Development of Regional Impact review. Large developments are required to do through a DRI review by
the ARC and Georgia Regional Transportation Authority before being approved by local governments.
County Planning Commission member Debra Haynes of Hickory Flat, who also served on the steering
council, spoke about the need to have protection in the plan so the highest use allowed in a character
area will not be used each time. The map breaks the county into character areas, which allow a range of
zonings within the area.
Speakers also voiced concerns about two-acre minimum lots, which are required in the plan for much of
the northern and eastern parts of the county.
Jerald Hill of the Clayton community, who served on the steering council, read part of a letter from Jeffrey
Dorfman, a University of Georgia economics professor and land-use planning expert.
In the letter, Dorfman was critical of two-acre minimum lots, saying it is more expensive to provide
services to less dense areas.
"Let's leave their options open," Hill said of zoning for property owners in those areas of the county.
Nate Cochran of the Holbrook community, chairman of the Cherokee Citizens for Property Rights, said
more commercial opportunities also should be provided in the plan.
"Without businesses to pay taxes, the burden falls on homeowners," he said.
Cherokee land-use map could drive up taxes
Ashley Fuller, Cherokee Tribune, August 15, 2007
Cherokee County's proposed future land-use map needs more commercial and high-density growth to
keep property taxes from rising, according to a growth and development expert.
Jeffrey Dorfman, a University of Georgia economics professor, made a presentation Monday to the
Cherokee Citizens for Property Rights group on his study of the county's draft comprehensive plan and
map update.
The Cherokee County Board of Commissioners is expected to review both this fall before sending them
to the state Department of Community Affair for approval, as is required every 10 years.
Dorfman during the meeting held at Canton City Hall shared what he considered positive and negative
aspects of the plan and map, which outlines how the county should grow in the future.
Positives in the plan, he said, included efficient use of infrastructure, encouragement of infilling, higher
density in some parts of the county and a business-attraction strategy.
Bad parts of the plan, according to Dorfman, include expensive street standards, limited connectivity and
too little high-density development.
He added there are too few commercial areas and they are too concentrated in the southern end of the
county.
"Businesses bring in taxes. If there are not enough shops here, people will shop someplace else," he
said. "If Forsyth puts in the businesses and Cherokee doesn't, they will get your tax dollars."
Dorfman also voiced his opposition to the plan's minimum lot sizes and its lack of conservation
subdivisions. Minimum lot sizes, he said, prohibit developers from providing housing the market wants.
"Does that mean the entire county will (be on small lots)? No," he said of removing minimum lot sizes
and allowing more dense housing. "Homebuilders are smart enough to know that there is a demand for
all kinds of housing. By restricting land use by type, location and density, the plan makes choices
instead of consumers."
Dorfman also outlined the financial impact of different types of development, noting that a house in
Cherokee needs to be priced at $200,000 or more to "break even" on services provided by the county
government.
To pay for public schools, he said a family with one child needs to live in a $517,000 house to break
even, with the minimum for a two-child family topping $1 million.
Dorfman said - based on the current housing market and proposed future development map - it did not
appear to him the county government would need to increase taxes, but the school district might need to.
Jerald Hill, who represented the property rights organization on the steering council, was among the
several hundred people who attended Monday's meeting.
Hill said he liked what he heard from Dorfman.
"I thought he made sense. He has confidence in the marketplace," he said.
County officials said Dorfman's comments will be helpful when they review the comprehensive plan
update and land-use map.
"I respect his views. He provides us with more input from an expert in the field, which will help us," said
Buzz Ahrens, chairman of the board of commissioners, who attended the meeting.
Commissioner Jim Hubbard, who also attended the meeting, said he agreed with most of Dorfman's
points including the placement of higher density development where infrastructure exists and lower
density where there is no infrastructure.
"He gave us the raw material to work from. We have some additional information to take into
consideration," he said.
Commissioners See Red
at LUP Hearing
On January 15th the Cherokee County Board of
Commissioners held a hearing on the proposed
Land Use Plan draft. The Jury Assembly room of the
Justice Center was filled to near capacity, mostly by
folks in red shirts who are members of Cherokee
Citizens for Property Rights (CCPR).
When Chairman Ahrens opened the floor for
comments on the plan, supporters were first. The
slow growth advocates spoke in support, but many
added their special requests to tighten up the plan in
their neighborhoods.
Once the floor was opened to the opposition, several
CCPR members spoke about problems with the
plan.
First, Angelo Panzarella spoke eloquently about his
frustrations with the plan and its shortcomings.
Nate Cochran thanked the BOC for the positive
changes that have been made in the plan, and
reminded them that CCPR is not going away, but will
continue to closely monitor the BOC.
Jerald Hill read excerpts from a letter by planning
expert Dr. Jeffrey Dorfman stating a powerful
argument against 2- acre minimum lots for 2/3 of the
county (see below, "What's so bad about 2-acre
minimum lot sizes?").
Raliegh Morgan looked at the plan from the
engineering perspective, saying if this was a plan for
an airplane, "it would never get off the ground."
Cleve Hill asked, "Whose plan is it anyway?" and
expressed his doubts that the plan meets the DCA
requirement of community input.
After each speaker, there was much applause, and
even a standing ovation after Cleve Hill's comments.
Rather than vote on sending the plan to the DCA
/ARC "as is," the BOC decided to postpone the vote
until February 5 to allow time to consider citizens'
concerns.
Never Get off the
Ground
Dear Editor,
Reviewing the new proposed Land Use Map
it looks as if we have a population of less that
50 thousand and south east Cherokee is
nothing but horse farms. It does not show
existing zonings, little infrastructure, or current
businesses. You would have to have zoning
maps, tax maps, and planned infrastructure
maps to begin to make heads or tails of what
the county really looks like.
Considering the money we paid to generate it
we did not get a useful tool for planning. It is
at best someone's dream of what they would
like to have and it bears no resemblance to
reality. I come from the Engineering world
and a "plan" is an accurate representation of
the product you want to build with all the
details.
If this Map was a plan to build an airplane I
would not want to fly in it. But, it would never
get off the ground anyway.
Raliegh Morgan
Free Home

January 12, 2008
Dear Buzz and Jerald:
I am writing to share my thoughts on minimum lot sizes and the proposed zoning in much of Cherokee County in the new proposed LUP. In particular, much of the undeveloped acreage in the county will be zoned with 2-acre minimum lot sizes. In my opinion, from both an economic and a character preservation point of view, this is not the best way to zone rural areas of the county.
From an economic point of view, larger lots are more expensive to provide with services, with service costs rising at half the rate of land use. So 2-acre lots will be 50% more expensive to serve than 1-acre lots. My common recommendation is to allow lot sizes as small as possible, with the only restrictions being those necessitated by infrastructure considerations. Given small minimum lot sizes, some developers will still build at lower densities due to demand for a variety of housing products. Thus, the areas do not all end up at the maximum allowable density. However, the average population density is certainly increased and the county’s average service cost decreases. This helps keep tax rates low.
From a character preservation standpoint, DCA recommends (either formally or informally) counties consider 15- or 25-acre minimums if they wish to preserve rural character. A 2-acre lot is not consistent with rural character; it is a low-density subdivision. I know because I live in one and my neighbors are really not that far away. Nobody would mistake my neighborhood for being “out in the country.”
Cherokee County is an attractive place to live and people will continue to move there. While I firmly support people’s right to live on a 2-acre lot if they so choose, not everybody wants to make that choice. The more people that live on 2-acre lots, the more land will be developed given the same population increase. Thus, the larger the minimum lot size, the faster you lose your undeveloped land.
I hope these points help in your current consideration of the proposed new LUP. Since I am not a citizen of Cherokee County, it is up to you to decide whether these thoughts are worth considering. I do believe that allowing density where appropriate will in the long run result in much more of the county retaining a rural, low-density character.
Sincerely,
Jeffrey H. Dorfman Dorfman Consulting LLC
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What's so bad about 2-acre lot minimums?
|
Dr. Dorfman is a professor of economics at UGA and a consultant on all facets of the economics of land use,
growth, and development. He has published two books, over 50 journal articles, and numerous popular press
pieces including op‐ed columns in the Atlanta Journal‐Constitution. He has consulted with counties, cities, school
boards, non‐profits, and Fortune 500 companies on economics and statistical issues. In particular, he consults
widely with local governments and developers on the economic and fiscal impact of growth and land use patterns.
He has worked with eight of the twenty fastest growing counties in the U.S.
Actions Speak Louder Than Words
Anti-Growth advocates say, "We must slow growth to give infrastructure improvements a chance to catch up." But it is clear the Cherokee Coalition for Responsible Growth, better known as CCRG, will do anything to stop construction of the new Northeast Cherokee Sewer Plant. The plant has been in the works for a while, yet county planners and the slow-growth majority intentionally left no trace of the proposed sewer in the new Land Use Plan (LUP). Now they say, since it isn't in the LUP, it should not happen at all.
There's a Catch-22 for you!
And while there has been a lot of talk about the need for commercial and industrial growth in the I-575 corridor, when it comes down to the infrastructure to support it, the anti-growth crowd just says "NO!"
Besides a door to door misinformation campaign, our friends at the CCRG have brought in some extra muscle from the City of Milton to fight the sewer plant. Together they made enough noise that the EPD decided to have a hearing about the permitting of the sewer plant.
Cherokee County is in great need of this new sewer treatment facility in the Northeastern area. If you agree, please mark your calendar for March 18, at 7:00 pm at the Canton City Hall, for the public hearing being held by the EPD.
It is time for folks in NE Cherokee to let the EPD know, by our words and actions, that we want the benefits of sewer.
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Why we need the
Northeast Cherokee
Sewer Plant
According to the Georgia Water
Coalition:
More than 50% of the growth in outer
Metro District counties occurs on septic
systems, rather than sewers. Septic
systems don’t return water to rivers, for
others to use, as promptly as sewers
do, resulting in reduced flows on rivers
and streams.
In fact, more houses and businesses
use septic systems to dispose of water
in Metro Atlanta than any other
comparable area in the country...
“Water ought to be returned the rivers
where it can be available to
downstream communities and wildlife,”
said Sally Bethea, Upper
Chattahoochee Riverkeeper...
Georgia communities need to find a
way to get homes and businesses off
septic systems and on to sewer lines.”
From: Buzz Ahrens
Sent: Wed 2/14/2007 9:59 AM
To: Board Of Commissioners (all commissioners only)
Cc: Jeff Watkins; Jerry Cooper
Subject: New Comp Plan Steering Council - cities
Board,
i have heard directly - and indirectly - that the Cities are displeased about losing
representation on the 15-person steering council
the council has set an aggressive schedule of meeting every 2 weeks from last night
until end May. target date for submission is 01 june.
how do you feel if we go ahead and include the 5 mayors ? i would support if it
satisfies their concerns - hate for the issue to cause unnecessary friction.
Woodstock actually voted at Council monday night to formally send letter to BOC -
dont think that was necessary, but tees up the others to follow.
basically, they will have missed nothing by not being there last night. it would make
a count of 20....will risk any tie votes - which could happen at any meeting anyway
depending upon attendance.
pls let me know ASAP - if we are in agreement, i will make the calls this afternoon
thanks, buzz
===========================================================
: Jim Hubbard
Sent: Wed 2/14/2007 11:44AM
To: Buzz Ahrens; Board Of Commissioners (all commissioners only)
Cc: Jerry Cooper; Jeff Watkins
Subject: RE: New Comp Plan Steering Council: cities
If we put the cities back on it, I want additional representitives from the "Slow
Growth" people who elected me. The biggest complaints I heard from the CRT
were the cities "hijacked" the process, and ran higher density through Hickory Flat
out towards Union Hill.
I have no problem with the cities reviewing the plans near their city, but why should
they have any influence on Hickory Flat, Union Hill, or the other communities.
I think we have two problems with the current plan, and I thought we had a plan to
correct them.
1. We have higher density moving out further from the cities, and into some very rural
areas.
2. They tried to disguise the higher density with fancy "cutsie" names.
My people have agreed to work long and hard on the plan to try to fit 450,000 people
into the areas where we have, or can build, the infrastructure. Why would we destroy
that plan now.
I thought we were going to let "our folks," a small group, present a workable plan
to us, then to the CRT for their review. I really thought this was a "work group" to
present a plan. If we are going to build it back to a large group, we might as well
leave it with the CRT.
By the way, the Farm Bureau people have also asked me for a representitive on the
group.
I've been all around the world, so let me say it clearly.
We are appointing a small group to do some work for us, and I say we stick to it.
Thanks
Jim Hubbard
Post 2
Email reveals Hubbard's Land Use Plan Strategy
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Milton is the wrong model for
Cherokee
An article in the AJC dated 02/03/08 Milton City
Councilman Alan Tart said the citizens would have to
decide if they want more services or low taxes. Milton’s
tax rate is capped at $4.731 per $1,000. In an area
where homes are around $800,000 it means the city
tax bill is around $3784.80 per year. The city’s budget is
around $17.7 million. The citizens of Milton did a smart
thing to control the size of Government. When the city
was incorporated the millage was capped unless
voters approve an increase. What do the citizens say
about increasing the millage rate? So far the answer is
NO.
With their options limited what can Milton do? Mr.
William Hudnut of the Urban Land Institute, said
“Commercial development brings in more in taxes than
it requires in services. A largely residential city will
generally see a disproportionate share of the taxes fall
on homeowners”. Milton residents want to keep the
horse farms, estate properties and tree-lined lanes.
They believe more commercial property will destroy the
agrarian nature of Milton.
What are Milton’s options? Not many. They are looking
at Impact fees but couple fees with the most restrictive
rules on commercial development in the area means
business is not coming into the area. The City Council
is oppose to expanding the sewer systems, so projects
along commercial corridors have to use more land for
septic tanks adding more cost to businesses. These
additional cost will force most businesses to locate
somewhere else. City Manager Billy Beckett is trying to
make city operations more efficient but Milton does not
even have its own city hall.
Milton citizens are demanding more services, parks,
and infrastructure. They want the promise of offering
better services and limited taxes fulfilled. They want to
limit commercial and residential growth. They want to
keep Milton just the way it is now and it will cost more
money to accomplish these goals. It’s not
inconceivable that the tax on homeowners could
double. Think about taxes of $3784.80 per year going
up to $7600.00 or more per year. Milton citizens have a
harsh reality speeding at them like a runaway freight
train. It will be interesting to see how they handle it.
Cherokee County Citizens does this sound familiar?
Fortunately I don’t live in Milton I don’t think I could
afford to pay those taxes but Cherokee County should
pay attention to Milton and see what they do. It very well
could be our future as well. We have all heard if we
keep Cherokee just the way it is our taxes will be low
and life will be rosy. Fortunately through Milton we see
the fallacy of those policies. Cherokee’s problem is we
don’t have a cap in place to limit millage rate
increases. We do have impact fees, tax increases, and
growing government. We have Cherokee Citizens for
Responsible Growth against the sewer plant in NE
Cherokee. Will Cherokee County become Milton North?
Time will tell but I hope we learn from Milton and make
smart decisions about our future. Just because Milton
did, does not mean we should.
Raleigh Morgan
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|
Commissioners approve land-use plan
Published: 08/21/2008
By Ashley Fuller Cherokee Tribune Staff Writer
After years of work and community input, Cherokee County finally has approved its
comprehensive plan update. The Cherokee County Board of Commissioners on
Tuesday night adopted the community agenda, which includes the future land-use
map and is the final step in the update process.
Ball Ground and Waleska, which were part of the county's update, had previously
adopted their portions of the agenda.
Commission Chairman Buzz Ahrens said it is essential the update be viewed as an
"active document" that the board follows.
"The outcome is a good plan with moderate growth built in to it," he said. "The whole
concept is so different from the prior plan that it is going to take time to get used to for
all of us."
Commissioners said they are satisfied with the result of the work put in by the
planning department staff, citizen's roundtable and comprehensive plan steering
committee for the past three years.
"This is the most intricate plan we have ever done. There was a lot of input,"
Commissioner Karen Bosch said. "Anything as serious as a comprehensive
land-use plan should be long and tedious."
Commissioner Jim Hubbard said there is more density in the plan than he would
like, but considered it an "excellent compromise."
"Overall, it is a plan we can live with if we stick with it," he said.
Commissioner Derek Good said he thinks the plan has some holes in it, but that it
was a vision the board can follow.
Commissioner Harry Johnston said the update is not "tremendously different" from
the current plan, but does reflect more growth opportunities. He said he hoped the
board would be able to stick to it.
Every 10 years, local governments are required by the state government to update
their plans, which include a future land-use map, policies and strategies that outline
how the county should grow in the future. The map breaks the county down into
character areas, which allow for a range of zonings.
The plan calls for much of the northern and eastern parts of Cherokee to be rural
places, which is recommended for agricultural zoning, and country estates, which
consists of agricultural and R-80 single-family residential zoning. There are some
pockets of suburban growth areas, which allows zonings ranging from R-80
single-family residential to R-40 single-family residential.
Most of the southern part of the county falls under suburban growth and suburban
living, which allows for R-40 zoning up to RD-3 single-family residential. Workplace
center, an area for job creation to occur as well as supporting commercial and
residential uses, is located in southwest Cherokee and near Ball Ground.
A regional center, which allows for RM-10 and RM-16 zoning as well as office and
commercial uses, is located on Highway 5 outside of Canton. They are also placed
along Highway 92 in and around Woodstock.
A copy of the map and the agenda can be found on the county's Web site at
http://www.cherokeega.com/ccweb/departments/pz/complan/index.cfm.
Council: No Canton West
Published: 08/22/2008
By Ashley Fuller, Cherokee Tribune Staff Writer
The Canton City Council has said no to what would have been the largest neighborhood in the city. The council on Thursday night
denied annexing 901.8 acres into the city as part of the Canton West development. The council was split 3-3, with Councilman Jack
Goodwin and Councilwomen Amelia Rose and Pat Tanner voting to deny. Mayor Gene Hobgood cast the tie-breaking vote against
the request.
The Canton West proposal called for the acreage to be annexed into Canton and rezoned from agricultural to planned urban
development.
"It is just not the time for the city to expand," Hobgood said about his vote.
As part of the project, another 8.587 acres already in the city was to be rezoned from R-1 single-family residential and office and
professional to C-2 commercial. This rezoning request also was denied 3-2, with Councilwoman JoEllen Wilson and Councilman
Lester Cantrell opposed to the denial. Councilman Wally Fowler did not vote.
The 2,340-acre project, located west of Highway 140 between Highways 20 and 108, is proposed by PEC Development. The plans
call for as many as 2,132 residential units to be built in the city and 1,335 residential units in the county. It also includes 479,600
square feet of retail space and 149,700 square feet of office space. The project calls for 1,430.1 acres in the county to be rezoned
as well.
Doug Dillard of Dillard and Galloway, the attorney for PEC Development, said they were disappointed in the council's decision,
calling it "arbitrary and capricious." He noted the project already had approval from the Atlanta Regional Commission and the
Georgia Regional Transportation Authority.
Dillard said a lawsuit would be filed within 30 days against the city seeking damages and attorney fees. He said they also would
consider filing a rezoning request for the entire project to be developed in unincorporated Cherokee.
The development proposal included the construction -- over the course of the build-out -- of a connector road between Highways 5
and 108, as well as land donations for an elementary school, park and public safety facility. The developers had pledged a $1.2
million donation to the Cherokee County School District for the purchase of a second school site as well.
Opponents of the project voiced concerns it would overburden the city's infrastructure. Signs urging approval and denial of the
project popped up in yards in the city, and residents appeared at the meeting wearing stickers lobbying for both sides.
Mrs. Wilson, who voted against denial, called the project "an example of smart growth."
Mrs. Rose said she voted for denial due to concerns over traffic and where the connector road would intersect with Highway 5.
Goodwin said he voted for denial after receiving "so much input from the people who voted for me."
"I received a ton of e-mails and phone calls from people very adamant about the road situation," Goodwin said.