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1-17-06 Large Apalachee Rezone decided in Oconee court case not zoning action

……….Richard Garrett, Jr. and his relatives have always been responsible in their developments….. also shown respect and concern for Oconee County.  Their attorney, John Stell, is a quality attorney and person.   With folks like that involved, the County could acquire a permanent Park Site on the Apalachee.   The Riverwalk is a good idea but will require concerted action and consent of many others.  Apalachee Beach is an immediate reachable goal.

 

The County and the Developer should work to insure that Apalachee Beach is a Permanent Public Park area.  Future generations will appreciate it……

AVOC

 

January 12, 2006

 

Large Apalachee Rezone decided in Oconee court case not zoning action

 

By Wendell Dawson, Editor, AVOC, Inc.

 

While the Planning Commission held a “public hearing” on November 21, 2005, and the Board of Commissioners held one on December 6, 2005, the issues were really decided in a lawsuit against the County.  On September 29, 2005, a Consent Order was signed by Judge Steve Jones In Civil Action # 200S-CV 2004-J, Oconee County Superior Court, that in effect resolved the issues in the matter.  Seven conditions for the Rezone were “approved” in the Order. 

 

Condition  # 7 is a good thing.  It addresses the Apalachee Beach area that AVOC has promoted as a Public Park for several years.   It was owned by a large timber company when I was in office.  It should be preserved.   Condition 7 of the Consent Order reads as follows:

 

7.  Developer shall, through dedication to a Homeowner's Association, permanently

protect a common area of a minimum of 10 acres approximately located around the area of the property commonly known as "Appalachee Beach".   Developer shall also provide permanent access from the proposed public road to the said common area lot via minimum 25 foot wide easement or fee simple strip.

 

This is a major step but needs to go further.   The County should take title and authorize the Homeowners’ Association to “maintain and police” it.   “Everybody’s business is nobody’s business”.  This site is too pristine, unique and even historically significant to be allowed to become someone’s back yard.

 

I am not sure how this came about.  However, Richard Garrett, Jr. and his relatives have always been responsible in their developments.  They have also shown respect and concern for Oconee County.  Their attorney, John Stell, is a quality person.   With folks like that involved, the County could acquire a permanent Park Site on the Apalachee.   The Riverwalk is a good idea but will require concerted action and consent of many others.  Apalachee Beach is an immediate reachable goal.

 

The County and the Developer should work to insure that Apalachee Beach is a Permanent Public Park area.  Future generations will appreciate it more than a site with a lot of ball-fields and tennis courts.

 

 

SEE:

1-5-05 Apalachee River Rezone of 837.6 acres by Oconee BOC- PART 1

1-5-05 Apalachee River Rezone of 837.6 acres by Oconee BOC PART 2

http://avoc.info/info/3282

8-18-05 Good “Land” Conservation Purchases Need Thought and Planning

5-24-05 How & Where to Preserve Greenspace –Oconee’s Central School House

2-16-05 Land Preservation Program Offers Opportunity for Oconee County

1-1-04 EFFECTIVE MEDIA COVERAGE IS LACKING IN OCONEE COUNTY

12-6-03 Stream Protection In Growing Counties Is Good Thing


 

IN THE SUPERIOR COURT OF OCONEE COUNTY

 

STATE OF GEORGIA

 

RICHARD A. GARRETT, JR.,                         )                                              

                                                                                                )

                 Plaintiff                                                          )               Civil Action No.: 200S-CV 2004-J

                                                                        )

                    Vs.                                               )

                                                                        )

                                                                        )

OCONEE COUNTY. GEORGIA,                     )

                                                                                                )

                Defendant                                                         )
                                                                        )

 

CONSENT ORDER

 

Plaintiff has filed this action contesting the decision of the Oconee County Board of Commissioners regarding the rezoning

of Plaintiff's property located in Oconee County, Georgia. The parties have now agreed to the following terms and request that the Court make these terms an Order of the Court.

 

Therefore it is hereby Ordered and Adjudged as follows:

 

             Plaintiff has agreed to accept an AR-5 zoning classification as set forth fully in his most recent rezone submittal, a true and correct copy of which is attached hereto as Exhibit "A," with those conditions contained on tbe Staff Recommendations attached hereto as Exhibit ·'B." If the submittal is approved, all representations contained therein become conditions of the rezone, and no permits may be issued except in substantial conformance therewith as provided in Section 1704(2) of the Zoning Regulations.

            The Oconee County Planning Commission shall hold a public hearing on or before the 21st day of November, 2005, and the Oconee County Board of Commissioners shall hold a public hearing on or before the 61h day of December, 2005, concerning the grant of rezoning for the subject property to an AR-5 zoning classification with the above stated conditions. The public bearing will be he1d following at least 15 days notice in the legal organ of Oconee County. A sign notifying the public of the proposed hearing will be posted on the property. Immediately following the public hearing the Oconee County Board of Commissioners will vote on whether to grant the AR-5 zoning classification for the subject property with the above stated conditions, and only the above stated conditions. If the Oconee County Board of Commissioners affirmatively votes to rezone the property to AR-5 with the above stated conditions, and only those conditions, then the Plaintiff will dismiss this action with prejudice. However, if the Oconee County Board of Commissioners fails to affirmatively vote to rezone the subject property to AR-5 with the above stated conditions, and only the above stated conditions, then the Plaintiff shall have the right to resume this litigation and schedule a final hearing before the Court. Such final hearing will be held not less than 120 days following the Oconee County Board of Commissioners' vote on the issue so as to allow time for discovery which may be taken by either party before the final  hearing.

So ordered this 29th day of  September, 2005.

 

 

Hon. Steve: C. Jones, Judge, 

Superior Court of Oconee County

 

Consented to by:

 

 

Russell, Still, Smith & Mattison, P.C.

John E. Stell, Jr.

Bar Number 678350

Attorney for Plaintiffs

 

 

 

 

Michael C. Pruett

Bar Number 588930

Attorney for  Defendants

 AMENDED REZONE APPLICATION

 

 

 

 

 

AMENDED ZONING APPLICATION NO.: 4126 EXHIBIT B

 

 

1.      The zoning for the 100 Year Flood Plain portion of this property shall be F-P (Flood Prone District). The zoning for the remainder of this development shall be AR-5 (Agricultural-Residential Five-Acre District) and shall meet all requirements of that district.

 

2.       All future development plats and plans shall provide for access to all adjacent Off site lots that currently use that section of CR 117 that goes through this property. All access proposals shall meet the requirements of Oconee County ordinances.

 

3.      The conservation corridors shown on the Future Land Use Plan shall be shown on all plans and plats and shall be protected by a minimum 100' wide undisturbed buffer (to be centered on the water body) except that necessary road and utility crossing(s) may be made generally perpendicular to said conservation corridors.

 

4.      All homes shall have a minimum total heated square footage of 2400 square feet.

 

5.      Developer shall plant a minimum of five (5) two inch (2") caliper trees on each lot.  Said trees shall be native shade trees as defined in Zoning Article X. This number of planted trees may be decreased within the front and rear yard on any given lot by the number of existing healthy, vigorous shade trees preserved within a front or rear yard of such lot provided that such existing shade tree(s) are at least 2" caliper or larger.

 

6.      Prior to recording of the final plat, the developer shall provide all necessary legal documentation to the satisfaction of Oconee County relating to clear title and access rights for the proposed road and railroad right-of-way crossing. Developer shall also provide all necessary legal documentation to the satisfaction of Oconee County relating to the abandonment or exchange of right-of-way of CR 117.

 

7.      Developer shall, through dedication to a Homeowner's Association, permanently protect a common area of a minimum of 10 acres approximately located around the area of the property commonly known as "Appalachee Beach". Developer shall also provide permanent access from the proposed public road to the said common area lot via minimum 25 foot wide easement or fee simple strip.

 

 

 

 

 

 

 

 

 

 

       

 EXHIBIT" B "


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