CCPR News
On November 9, 2006 the Citizens Roundtable (CRT), county planners, and a
consulting group met to agree upon a recommended Land Use Map for Cherokee
County. This was to be the final meeting for the CRT, after which the plan would be
turned over to the board for further review. The school board auditorium was
overflowing, mostly with people wearing red and supporting the position of
Cherokee Citizens for Property Rights (CCPR). A lively discussion followed for the
next two hours.
Although they were certainly surprised by the sheer size of the group, the CRT was
hospitable and agreed to abandon the scheduled agenda in order to allow for
much discussion and some Q&A. Tim Perkins masterfully presented the
concerns of property owners. He was friendly in tone, never hostile, yet he did
not fail to clearly state our objections, including:
After hearing comments from many CCPR supporters, the CRT elected not to
disband, but to add future meetings and to gather more public opinion before
recommending a plan to the Board of Commissioners. The map and plan draft
will be made available for more citizen review.
consulting group met to agree upon a recommended Land Use Map for Cherokee
County. This was to be the final meeting for the CRT, after which the plan would be
turned over to the board for further review. The school board auditorium was
overflowing, mostly with people wearing red and supporting the position of
Cherokee Citizens for Property Rights (CCPR). A lively discussion followed for the
next two hours.
Although they were certainly surprised by the sheer size of the group, the CRT was
hospitable and agreed to abandon the scheduled agenda in order to allow for
much discussion and some Q&A. Tim Perkins masterfully presented the
concerns of property owners. He was friendly in tone, never hostile, yet he did
not fail to clearly state our objections, including:
 | A loss of property value due to property owners’ inability to use property for | |
| its highest and best use. | ||
| An increased tax burden on property owners due to the county’s inability to | |
| create a sufficient tax base in the form of new homes or businesses to support the currently approved future growth. | ||
| A denial of county services, infrastructure and tax money such as libraries, | |
| parks, or road improvements to the areas outside of the already existing densely developed areas. | ||
| A set of regulations that will make future land use adaptations, changes, or | |
| rezonings improbable if not impossible. | ||
| A set of guidelines that makes undeveloped property surrounding already | |
| developed areas part of an amenities package as the undeveloped land has been selected to be a permanent picturesque view for residents in neighborhoods. |
After hearing comments from many CCPR supporters, the CRT elected not to
disband, but to add future meetings and to gather more public opinion before
recommending a plan to the Board of Commissioners. The map and plan draft
will be made available for more citizen review.
| Citizens Roundtable Responds Positively to Large Turnout |
The Joint Elected Officials Meeting met on Nov 21. At the meeting, planners and some Board of Commissioners (BOC) members
rejected the recommendation of the Citizens’ Roundtable (CRT) to take more time to gather public opinion on the proposed Land
Use Map.
The CRT was described by some as allowing too much higher density zoning in rural areas.
During the meeting, a specific recommendation was made that the Free Home area remain Rural Places or Country Estates.
Suggestions were made to tie the Future Development Map to actual zoning regulations, making the map a much stronger tool to
prevent changes in zoning classification.
Clearly the intent of some BOC members is to further restrict individual property rights in the name of slowing growth. This would
certainly cause any property owner much more anguish during a sale with needed zoning action. Additionally there is a move to
essentially ignore CRT work up to this point and scale it down to the new Planning (only) Commission Board. This would allow
the new BOC to control the map's outcome after the first of the year.
As for the November 9 meeting, Commissioners had a few comments. Harry Johnson characterized the CCPR supported
positions as “extreme property rights,” and that the board should appeal to the moderate middle, not the fringe elements.
Commissioner Hubbard commented that “people who only care about themselves come out at the last minute.” A contrary view
was expressed by outgoing Commission Chairman Byrd who stated, "The folks who came out last week smelled a land grab and
represent far more than a 10% fringe. I wish that level of interest had been there in every community."
rejected the recommendation of the Citizens’ Roundtable (CRT) to take more time to gather public opinion on the proposed Land
Use Map.
The CRT was described by some as allowing too much higher density zoning in rural areas.
During the meeting, a specific recommendation was made that the Free Home area remain Rural Places or Country Estates.
Suggestions were made to tie the Future Development Map to actual zoning regulations, making the map a much stronger tool to
prevent changes in zoning classification.
Clearly the intent of some BOC members is to further restrict individual property rights in the name of slowing growth. This would
certainly cause any property owner much more anguish during a sale with needed zoning action. Additionally there is a move to
essentially ignore CRT work up to this point and scale it down to the new Planning (only) Commission Board. This would allow
the new BOC to control the map's outcome after the first of the year.
As for the November 9 meeting, Commissioners had a few comments. Harry Johnson characterized the CCPR supported
positions as “extreme property rights,” and that the board should appeal to the moderate middle, not the fringe elements.
Commissioner Hubbard commented that “people who only care about themselves come out at the last minute.” A contrary view
was expressed by outgoing Commission Chairman Byrd who stated, "The folks who came out last week smelled a land grab and
represent far more than a 10% fringe. I wish that level of interest had been there in every community."
| The Commission Strikes Back |
 | |  | |  | |  | |  | |  |
On Dec 4, Cherokee Citizens for Property Rights, LLC (CCPR) held a public meeting at the Free Home Elementary School
cafeteria. Over 160 citizens were there and hungry to hear about the proposed Land Use Map for Cherokee County, and why it is a
threat to property rights.
Nate Cochran, CCPR chairman led the meeting. Topics included a short history of the group and its accomplishments.
Spokesperson, Tim Perkins explained the proposed Land Use Plan and reasons why CCPR opposes it.
During a Q&A session, many people took the time to express their concerns for property rights. Some gave examples of their own
difficulties caused by zoning and regulations. Others expressed the opinion that the rural areas of Cherokee County are not well
represented, as evidenced by the lack of investment in infrastructure and services in many areas of the county.
Ed Cochran asked for people to get involved with CCPR by joining, volunteering to serve and with their donations. Ed also
encouraged people to talk to their neighbors, contact representatives and write to local newspapers, letting them know how they
feel about the new Land Use Map and how it threatens their property rights.
Attendees were encouraged to fill out a Comment Form and send to the Cherokee Roundtable.
Other points of interest:
cafeteria. Over 160 citizens were there and hungry to hear about the proposed Land Use Map for Cherokee County, and why it is a
threat to property rights.
Nate Cochran, CCPR chairman led the meeting. Topics included a short history of the group and its accomplishments.
Spokesperson, Tim Perkins explained the proposed Land Use Plan and reasons why CCPR opposes it.
During a Q&A session, many people took the time to express their concerns for property rights. Some gave examples of their own
difficulties caused by zoning and regulations. Others expressed the opinion that the rural areas of Cherokee County are not well
represented, as evidenced by the lack of investment in infrastructure and services in many areas of the county.
Ed Cochran asked for people to get involved with CCPR by joining, volunteering to serve and with their donations. Ed also
encouraged people to talk to their neighbors, contact representatives and write to local newspapers, letting them know how they
feel about the new Land Use Map and how it threatens their property rights.
Attendees were encouraged to fill out a Comment Form and send to the Cherokee Roundtable.
Other points of interest:
- Future meetings will be held in larger facilities to allow for the rapid growth of CCPR.
- CCPR represents property rights of citizens across the county. Currently, members are about 50% from the Free Home
area and 50% from other areas. - CCPR is neither a pro-growth nor slow-growth organization, but supports the property rights for all citizens.
| CherokeeCPR Public Meeting: Standing Room Only |
Commission Chairman Ahrens Meets with CCPR
On December 27, CCPR board members met with incoming Cherokee County Commission Chairman, Buzz Ahrens,
at the Justice Center in Canton. The meeting provided an opportunity for members and Mr. Ahrens to get acquainted
and to discuss some hot property rights topics.
As expected, the first topic of discussion was the Proposed Land Use Plan and map. CCPR members express
opposition to elements of the plan and the way Character Areas are defined.
Another point of discussion was the proposed Zoning Decision Process that will make rezoning requests even more
cumbersome and bureaucratic than it is today.
CCPR stated the position that annexation is the result of past slow-growth policies and that the density in lower
Cherokee will only continue. Any plan that does not reflect the inevitable growth of the county will only assure the
enlargement of Canton, Woodstock, Holly Springs, Ball Ground, and other incorporated areas.
Mr. Ahrens expressed his own concerns about the process and the contents of the plan, and changes that might be
forthcoming. CCPR is very interested in seeing how the Land Use Plan and Map will develop in 2007.
Points of agreement included the need for commercial growth and the need for parks and recreation in Cherokee
County.
Finally the topic turned to the Planning & Zoning appointments that were announced last week. From CCPR's
perspective, the new P&Z will be dominated by slow growth activists who are relatively new-comers to Cherokee
County. Mr. Ahrens expressed confidence that the P&Z appointees will be fair-minded and impartial, and that there
will be no conflict of interest. CCPR expressed hopes that it is not yet too late to make some changes in the lineup.
Chairman Ahrens has been described as a "listener" and "accessible," and he lived up to his reputation during the
two hour meeting. At the conclusion, members wished Buzz success in his new job and promised to stay in touch.
On December 27, CCPR board members met with incoming Cherokee County Commission Chairman, Buzz Ahrens,
at the Justice Center in Canton. The meeting provided an opportunity for members and Mr. Ahrens to get acquainted
and to discuss some hot property rights topics.
As expected, the first topic of discussion was the Proposed Land Use Plan and map. CCPR members express
opposition to elements of the plan and the way Character Areas are defined.
Another point of discussion was the proposed Zoning Decision Process that will make rezoning requests even more
cumbersome and bureaucratic than it is today.
CCPR stated the position that annexation is the result of past slow-growth policies and that the density in lower
Cherokee will only continue. Any plan that does not reflect the inevitable growth of the county will only assure the
enlargement of Canton, Woodstock, Holly Springs, Ball Ground, and other incorporated areas.
Mr. Ahrens expressed his own concerns about the process and the contents of the plan, and changes that might be
forthcoming. CCPR is very interested in seeing how the Land Use Plan and Map will develop in 2007.
Points of agreement included the need for commercial growth and the need for parks and recreation in Cherokee
County.
Finally the topic turned to the Planning & Zoning appointments that were announced last week. From CCPR's
perspective, the new P&Z will be dominated by slow growth activists who are relatively new-comers to Cherokee
County. Mr. Ahrens expressed confidence that the P&Z appointees will be fair-minded and impartial, and that there
will be no conflict of interest. CCPR expressed hopes that it is not yet too late to make some changes in the lineup.
Chairman Ahrens has been described as a "listener" and "accessible," and he lived up to his reputation during the
two hour meeting. At the conclusion, members wished Buzz success in his new job and promised to stay in touch.
Great Turnout at Jan 29 CCPR Meeting
Many thanks to the approximately 300 people who braved the cold weather to express their opposition to the proposed Land Use
Plan. Yes, it was cold outside, but in the auditorium, there was plenty of heat as people expressed their concerns about the plan.
About one third of the people were first time attendees. About half of the group was from Free Home. The rest were from
Hickory Flat, Union Hill, Waleska, Sutallee, Ball Ground, Clayton, Macedonia and other communities in Post 1 and Post 2.
Cherokee CPR board members and guest speakers covered many topics including the contents of the plan. The strategy of the
"slow-growth" advocates and the results of their policies.
During Q&A, many members of the audience expressed their own ideas on how to fight the plan. These included "get out the
vote efforts," CCPR outreach and legal action.
What does CCPR do now? Grow the group. Attend BOC meetings. Represent the property rights position when possible.
Support candidates that see it our way. Make every effort to influence the outcome of the plan through letters, calls and email to
commissioners and newspapers.
Many thanks to the approximately 300 people who braved the cold weather to express their opposition to the proposed Land Use
Plan. Yes, it was cold outside, but in the auditorium, there was plenty of heat as people expressed their concerns about the plan.
About one third of the people were first time attendees. About half of the group was from Free Home. The rest were from
Hickory Flat, Union Hill, Waleska, Sutallee, Ball Ground, Clayton, Macedonia and other communities in Post 1 and Post 2.
Cherokee CPR board members and guest speakers covered many topics including the contents of the plan. The strategy of the
"slow-growth" advocates and the results of their policies.
During Q&A, many members of the audience expressed their own ideas on how to fight the plan. These included "get out the
vote efforts," CCPR outreach and legal action.
What does CCPR do now? Grow the group. Attend BOC meetings. Represent the property rights position when possible.
Support candidates that see it our way. Make every effort to influence the outcome of the plan through letters, calls and email to
commissioners and newspapers.
| People have a lot to say about the proposed land use map. |
| Cherokee CPR in red letting planners know where they stand . |
Petitions Presented to BOC
April 3, 07- Many loyal Cherokee CPR folks turned out
for the regularly scheduled Commissioner's meeting.
They were there to support the Petition to Oppose the
Land Use Plan and Map. Nate Cochran presented the
petitions to the BOC, complete with 738 signatures - a
strong showing. He also detailed some of the many
objections specified in the document. Commissioners
also received a map showing the locations of the CCPR
supporters.
Next, Chad Milford spoke about the benefits of
Conservation Subdivisions and asked the commission
to override the Comprehensive Plan Steering Council by
restoring ConSubs to all Character Areas of the in the
final land use plan.
Chad and Nate received a rousing round of applause
from the home team at the end of their comments.
April 3, 07- Many loyal Cherokee CPR folks turned out
for the regularly scheduled Commissioner's meeting.
They were there to support the Petition to Oppose the
Land Use Plan and Map. Nate Cochran presented the
petitions to the BOC, complete with 738 signatures - a
strong showing. He also detailed some of the many
objections specified in the document. Commissioners
also received a map showing the locations of the CCPR
supporters.
Next, Chad Milford spoke about the benefits of
Conservation Subdivisions and asked the commission
to override the Comprehensive Plan Steering Council by
restoring ConSubs to all Character Areas of the in the
final land use plan.
Chad and Nate received a rousing round of applause
from the home team at the end of their comments.
State Legislators Headline
April CCPR Meeting
April 30, 2007: Cherokee CPR held a community
meeting at Creekview High School Auditorium. Many
State legislators were in attendance, including
Senators Jack Murphy, Chip Pearson and Chip Davis,
along with Representatives Charlice Byrd and Mark
Hamilton.
Board members updated the audience on the Land
Use Plan, voter registration efforts and other ongoing
activities. The rest of the speakers were people
unassociated with CCPR who had a lot of interesting
information to share.
Conrad Quagliaori, representing the Cherokee County
Republican Party, encouraged members to register to
vote, join the GOP and get active. [In the future we hope
to hear from representatives of other political parties as
well.]
We learned about the new Tree Preservation Ordinance
from Scott Leonard, who is a member of Tree
Preservation Committee.
Sen. Jack Hamilton spoke about the importance of
property rights in Georgia.
Sen. Pearson gave a thorough overview of the Etowah
Habitat Conservation Plan (HCP). According to Sen.
Pearson, the plan in its current form is a threat to
property owners and could amount to a huge taking
within the Etowah River Basin.
Chuck Harper, Executive Director of the Georgia
Property Rights Coalition, told us about this new
organization and how he plans to partner with groups
like CCPR across the state. Coordination of grass roots
property rights groups will greatly improve effectiveness
locally and at the state level.
During Q&A, Representative Mark Hamilton explained
the Annexation bill that was just signed.
April CCPR Meeting
April 30, 2007: Cherokee CPR held a community
meeting at Creekview High School Auditorium. Many
State legislators were in attendance, including
Senators Jack Murphy, Chip Pearson and Chip Davis,
along with Representatives Charlice Byrd and Mark
Hamilton.
Board members updated the audience on the Land
Use Plan, voter registration efforts and other ongoing
activities. The rest of the speakers were people
unassociated with CCPR who had a lot of interesting
information to share.
Conrad Quagliaori, representing the Cherokee County
Republican Party, encouraged members to register to
vote, join the GOP and get active. [In the future we hope
to hear from representatives of other political parties as
well.]
We learned about the new Tree Preservation Ordinance
from Scott Leonard, who is a member of Tree
Preservation Committee.
Sen. Jack Hamilton spoke about the importance of
property rights in Georgia.
Sen. Pearson gave a thorough overview of the Etowah
Habitat Conservation Plan (HCP). According to Sen.
Pearson, the plan in its current form is a threat to
property owners and could amount to a huge taking
within the Etowah River Basin.
Chuck Harper, Executive Director of the Georgia
Property Rights Coalition, told us about this new
organization and how he plans to partner with groups
like CCPR across the state. Coordination of grass roots
property rights groups will greatly improve effectiveness
locally and at the state level.
During Q&A, Representative Mark Hamilton explained
the Annexation bill that was just signed.
Bob Barr was the featured speaker at
the CCPR Community Meeting on
June 18, 2007. Mr. Barr spoke about
the historic importance of property
rights and encourage CCPR members
to stay active in local politics. Mr. Barr
went on to say that he wished that
every Georgia county had a strong
voice for property as does Cherokee
County.
Also on the agenda was Steve
Swindell, from the Cherokee County
Tax Assessor's office. Mr. Swindell
explained the assessment process
and took questions from the audience.
Over 125 people attended the meeting
which was held at Creekview High
School.
the CCPR Community Meeting on
June 18, 2007. Mr. Barr spoke about
the historic importance of property
rights and encourage CCPR members
to stay active in local politics. Mr. Barr
went on to say that he wished that
every Georgia county had a strong
voice for property as does Cherokee
County.
Also on the agenda was Steve
Swindell, from the Cherokee County
Tax Assessor's office. Mr. Swindell
explained the assessment process
and took questions from the audience.
Over 125 people attended the meeting
which was held at Creekview High
School.
Bob Barr Speaks to CCPR
Citizen group seeks changes to county plan
Wednesday, June 20, 2007
Ashley Fuller, Cherokee Tribune Staff Writer
A local group fighting for property rights is working on making changes to the
Cherokee County Comprehensive Plan update.
Cherokee Citizens for Property Rights (CCPR), formed late last year, wants
to see conservation subdivisions returned to areas on the county's
proposed future land-use map, which is part of the comprehensive plan.
The Comprehensive Plan Steering Council in March removed conservation
subdivisions as an acceptable use in the rural places and country estates
character areas.
Conservation subdivision is a type of zoning that allows denser residential
development when a certain percentage of the development is set aside as
green space.
"We want to know why conservation subdivisions were removed from certain
character areas," said Nate Cochran, president of the CCPR advisory board
and an attorney, who lives in the Holbrook community. "It is easier to provide
infrastructure to conservation subdivision. We are going to make a push to
get that back into those areas."
Cochran said the group plans on being very active when the comprehensive
plan update goes before the board of commissioners for review. Jerald Hill
of the Clayton community, a CCPR and steering council member, said he
expects the council to sign off on the final plan during its meeting next
month. He said the plan would then go to the board.
During a CCPR meeting Monday at Creekview High School in Macedonia,
the organization heard from Steve Swindell, deputy chief tax appraiser for
Cherokee County, on this year's tax assessments.
Cochran said the visit was prompted by questions raised by organization
members over steep increases in assessments.
Swindell said rural property assessments do not always change year to year
because the assessor's office may not have enough sales data to make an
adjustment.
"If we don't have enough sales data, we don't make an adjustment because
we can't defend it," he said. "It can take two to three years on rural property
before there is enough data to get an idea. There was not enough in 2005
and 2006 to make an adjustment."
The organization's mission is to oppose actions that could limit a
landowner's freedom. Its goals include making sure the property rights'
position is represented to the board of commissioners, ensuring the
county's land-use plan is reasonable and legal and regarded as a guideline
and building alliances with other groups opposed to eminent domain abuse.
"We are not pro-growth. We are pro-option," Cochran said. "We want
property owners to be able to make choices instead of those choices being
made for them."
afuller@cherokeetribune.com
Wednesday, June 20, 2007
Ashley Fuller, Cherokee Tribune Staff Writer
A local group fighting for property rights is working on making changes to the
Cherokee County Comprehensive Plan update.
Cherokee Citizens for Property Rights (CCPR), formed late last year, wants
to see conservation subdivisions returned to areas on the county's
proposed future land-use map, which is part of the comprehensive plan.
The Comprehensive Plan Steering Council in March removed conservation
subdivisions as an acceptable use in the rural places and country estates
character areas.
Conservation subdivision is a type of zoning that allows denser residential
development when a certain percentage of the development is set aside as
green space.
"We want to know why conservation subdivisions were removed from certain
character areas," said Nate Cochran, president of the CCPR advisory board
and an attorney, who lives in the Holbrook community. "It is easier to provide
infrastructure to conservation subdivision. We are going to make a push to
get that back into those areas."
Cochran said the group plans on being very active when the comprehensive
plan update goes before the board of commissioners for review. Jerald Hill
of the Clayton community, a CCPR and steering council member, said he
expects the council to sign off on the final plan during its meeting next
month. He said the plan would then go to the board.
During a CCPR meeting Monday at Creekview High School in Macedonia,
the organization heard from Steve Swindell, deputy chief tax appraiser for
Cherokee County, on this year's tax assessments.
Cochran said the visit was prompted by questions raised by organization
members over steep increases in assessments.
Swindell said rural property assessments do not always change year to year
because the assessor's office may not have enough sales data to make an
adjustment.
"If we don't have enough sales data, we don't make an adjustment because
we can't defend it," he said. "It can take two to three years on rural property
before there is enough data to get an idea. There was not enough in 2005
and 2006 to make an adjustment."
The organization's mission is to oppose actions that could limit a
landowner's freedom. Its goals include making sure the property rights'
position is represented to the board of commissioners, ensuring the
county's land-use plan is reasonable and legal and regarded as a guideline
and building alliances with other groups opposed to eminent domain abuse.
"We are not pro-growth. We are pro-option," Cochran said. "We want
property owners to be able to make choices instead of those choices being
made for them."
afuller@cherokeetribune.com
Use money to buy land, not
fight annexations
Dear Editor,
The annexation battle in Hickory Flat is no surprise to me.
This is a natural and direct result of an unrealistic and
extremely expensive land-use map put in place years ago
with little to no change in the foreseeable future.
Now, with the threat of annexations our commissioners are
willing to make some of the necessary changes to the
land-use plan. Why not make these changes to begin with
so property owners in areas with high market demand can
make decisions without resorting to annexation through fear
the county will never allow a reasonable use on their
property?
I'm neither for nor against these annexations, but I can
honestly say I can't blame them. As for their attempt to
negotiate a few reasonable changes for other "rural
communities," I commend them for not just looking out for
themselves. If the current land-use map is adopted without
changes, we can expect more and more annexations all
over the county. We can also expect frivolous lawsuit after
lawsuit from the county against the cities using our tax
dollars to fight more and more losing battles.
Would you sue somebody if you knew you were going to
lose? You might if it wasn't your money used to pay the
attorney and if you thought it might help you get re-elected.
This fiscal irresponsibility has to stop. This money would be
much better spent purchasing available property for green
space or desperately needed parks.
Well, sit back, Cherokee and watch the wheels of
government spin and burn tax dollars like a Hummer burns
gas. I'll continue to beat my head up against the same old
wall.
Chad Milford, Free Home
fight annexations
Dear Editor,
The annexation battle in Hickory Flat is no surprise to me.
This is a natural and direct result of an unrealistic and
extremely expensive land-use map put in place years ago
with little to no change in the foreseeable future.
Now, with the threat of annexations our commissioners are
willing to make some of the necessary changes to the
land-use plan. Why not make these changes to begin with
so property owners in areas with high market demand can
make decisions without resorting to annexation through fear
the county will never allow a reasonable use on their
property?
I'm neither for nor against these annexations, but I can
honestly say I can't blame them. As for their attempt to
negotiate a few reasonable changes for other "rural
communities," I commend them for not just looking out for
themselves. If the current land-use map is adopted without
changes, we can expect more and more annexations all
over the county. We can also expect frivolous lawsuit after
lawsuit from the county against the cities using our tax
dollars to fight more and more losing battles.
Would you sue somebody if you knew you were going to
lose? You might if it wasn't your money used to pay the
attorney and if you thought it might help you get re-elected.
This fiscal irresponsibility has to stop. This money would be
much better spent purchasing available property for green
space or desperately needed parks.
Well, sit back, Cherokee and watch the wheels of
government spin and burn tax dollars like a Hummer burns
gas. I'll continue to beat my head up against the same old
wall.
Chad Milford, Free Home
Proposed annexations to link Holly
Springs, Hickory Flat on hold
Ashley Fuller, Cherokee Tribune, September 27, 2007
A string of proposed annexations that would link Holly Springs to Hickory
Flat is on hold due to legal issues raised by Cherokee County officials. The
Holly Springs Planning and Zoning Commission was scheduled to hold
public hearings Thursday night on 21 requests on Highway 140, Stringer
Road and East Cherokee Drive totaling 450 acres. The hearings instead
have been postponed until Oct. 15 in light of a letter sent earlier on
Thursday to the city government's attorney by the county government's
attorney. Cherokee County attorney Angie Davis said the city did not
properly post zoning notice signs on some of the properties that are to be
annexed and rezoned.
"That means that there are untold number of people that don't know what is
happening out there and will get shut out of the process," she said. "That is
the county's concern."
She cited a city ordinance requiring two signs to be placed for properties
that do not border a public road - one on the property and one on the
right-of-way. She also cited the state law that requires signs be posted in a
conspicuous location for 15 days before a zoning hearing. None of the
property owners have requested a change in land use, but the hearings
are necessary because they have requested annexation, which requires a
shift from county zoning to city zoning classifications. The county also has
objected to the annexation and rezoning of the properties, citing
administrative discrepancies in how the cases were filed and that any
future land-use changes are being concealed to avoid the land-dispute
resolution process.
Holly Springs Mayor Tim Downing said the city did not intend to violate any
laws. "We will adhere to the letter of the law," he said. "From a technical
standpoint, we did make an error. It is a technicality, but a valid technicality."
County Commissioner Jim Hubbard said while the county did not find sign
violations for every parcel, all of the hearings needed to be postponed as a
result. "These properties are right together. If there is one problem, it
would act as a domino effect," said Hubbard, who lives in and represents
the Hickory Flat area.
The turn of events Thursday is just the latest in an ongoing battle between
city and county leaders over how Holly Springs should grow. In the past six
months, the county commissioners have filed a lawsuit against the city
over land use and disputed its annexation requests. Both sides also have
been unable to come to an agreement on a future growth boundary map for
the city, which would allow the city to annex certain areas without
opposition from the county. County leaders have voiced concerns Holly
Springs' growth is causing a tax burden on the rest of the county. Ms.
Davis, in her initial letter opposing the proposed annexations into Hickory
Flat, cited the development of Harmony on the Lakes as an example. She
noted because the city annexed this property, the county lost a projected $2
million in impact fees. As a result, she said, county taxpayers had to foot
the bill for the infrastructure needed to serve these new residents.
Another issue, according to county leaders, is that the annexations that
would connect the city to Hickory Flat could invalidate the commissioners'
restrictions preventing "big box" retailers like Wal-Mart from opening
locations on two-lane roads.
Springs, Hickory Flat on hold
Ashley Fuller, Cherokee Tribune, September 27, 2007
A string of proposed annexations that would link Holly Springs to Hickory
Flat is on hold due to legal issues raised by Cherokee County officials. The
Holly Springs Planning and Zoning Commission was scheduled to hold
public hearings Thursday night on 21 requests on Highway 140, Stringer
Road and East Cherokee Drive totaling 450 acres. The hearings instead
have been postponed until Oct. 15 in light of a letter sent earlier on
Thursday to the city government's attorney by the county government's
attorney. Cherokee County attorney Angie Davis said the city did not
properly post zoning notice signs on some of the properties that are to be
annexed and rezoned.
"That means that there are untold number of people that don't know what is
happening out there and will get shut out of the process," she said. "That is
the county's concern."
She cited a city ordinance requiring two signs to be placed for properties
that do not border a public road - one on the property and one on the
right-of-way. She also cited the state law that requires signs be posted in a
conspicuous location for 15 days before a zoning hearing. None of the
property owners have requested a change in land use, but the hearings
are necessary because they have requested annexation, which requires a
shift from county zoning to city zoning classifications. The county also has
objected to the annexation and rezoning of the properties, citing
administrative discrepancies in how the cases were filed and that any
future land-use changes are being concealed to avoid the land-dispute
resolution process.
Holly Springs Mayor Tim Downing said the city did not intend to violate any
laws. "We will adhere to the letter of the law," he said. "From a technical
standpoint, we did make an error. It is a technicality, but a valid technicality."
County Commissioner Jim Hubbard said while the county did not find sign
violations for every parcel, all of the hearings needed to be postponed as a
result. "These properties are right together. If there is one problem, it
would act as a domino effect," said Hubbard, who lives in and represents
the Hickory Flat area.
The turn of events Thursday is just the latest in an ongoing battle between
city and county leaders over how Holly Springs should grow. In the past six
months, the county commissioners have filed a lawsuit against the city
over land use and disputed its annexation requests. Both sides also have
been unable to come to an agreement on a future growth boundary map for
the city, which would allow the city to annex certain areas without
opposition from the county. County leaders have voiced concerns Holly
Springs' growth is causing a tax burden on the rest of the county. Ms.
Davis, in her initial letter opposing the proposed annexations into Hickory
Flat, cited the development of Harmony on the Lakes as an example. She
noted because the city annexed this property, the county lost a projected $2
million in impact fees. As a result, she said, county taxpayers had to foot
the bill for the infrastructure needed to serve these new residents.
Another issue, according to county leaders, is that the annexations that
would connect the city to Hickory Flat could invalidate the commissioners'
restrictions preventing "big box" retailers like Wal-Mart from opening
locations on two-lane roads.