THE LANIERLIFESTYLE MISSION
GROWS WITH YOUR SUPPORT AND THE SUPPORT OF THE COMMISSIONERS AND THE
COUNTY TAXPAYERS SEEKING GREENSPACES AND INTELLIGENT GROWTH IN DISTRICT 5
Question: Should the county buy the
plot of land known as Lanier Golf
Course and keep it as a public golf
course, placing it in a green space
bond for the benefit of all?
(Note:
This question appeared only on the
Democratic Primary Ballot - Jon
Flack is the Democratic candidate
for District 4 Commissioner)
Please
donate
today - legal documents and actions like the above cost money - your donations
help with these efforts - you must see there are golf carts, not bulldozers, on
the fairways and paths of Lanier Golf Club - please donate
today and support the activities that benefit all surrounding communities
and residents.
If there's any question as to where your
contributions and donations have gone, come on out with your clubs and
take a look for yourself. Excluding the thousands of hours of
volunteer time, talent, and efforts, do you want to know how much it has
already cost your neighbors to keep the rezoning action at bay?
Have questions? Just ask ..
Click here and get out your checkbooks.
Your support is still needed.
We must elect the candidates that support
our concerns and who will protect our future.
The LL activities continue - lobbying for
your interests, marketing/signage/flyer expenses,
and legal fees continue to mount as the
courts are still entertaining an appeal by the LGC owners
following their zoning application's denial
by the Commissioners this past September.
Whether you live on The LGC or in
the area, just how much more is your property worth today, with a golf
course in your neighborhood? Please support these efforts with
your contribution.
If you want this property to remain parkland
or a golf course, please donate today
We've accomplished everything we've set out
to do .. but cannot let up until the property is permanently zoned for
its current and best use - recreational park or golf.
From Lanier Lifestyle, on behalf of area
communities and future development options
MEDIUM DENSITY HOUSING AROUND LANIER GOLF CLUB
WE DON'T THINK SO!!!
And about that "Activity Center"
The Forsyth
County Planning Commission held the first public hearing in order to
consider changes to the Forsyth County Comprehensive Plan on Tuesday, March
25, 2008, at 6:30p.m.
The second public hearing before the Board of Commissioners is currently
scheduled for Thursday, April 3, 2008, at 5:00 p.m.
There was a decision to continue accepting comments from the public for
another month before taking any action on the proposed changes. We
were successful in having a large portion around the LGC property
designated "Low Density Residential" in the Canongate area. The
Habersham On Lanier community is continuing to be reviewed as well.
The purpose of these public hearings shall be to present changes related
to the Future Land Use (FLU) map and receive public comment on these
proposed changes. All proposed changes are based on approved
rezonings or residential densities for completed subdivisions since the
last update to the FLU.
All
residents and any other affected and/or interested persons are invited
and encouraged to attend.
Both hearings will
be held in the Forsyth County Administration Building, 110 East Main Street,
Commissioners Meeting Room, Room #220, Second Floor, Cumming, Georgia.
LANIER LIFESTYLE RESPONDS
AND PUTS THE COUNTY ON NOTICE:
We have reviewed the proposed FLUM with special attention paid to the
area surrounding the Lanier Golf Course property and found that it does
not accurately portray the development of the area.
The proposed map shows much of the land adjacent to the golf course as
medium density (over 1.5 units per acre) while in fact 95% of the
property adjacent to the golf course is developed as low density (less
than 1.5 units per acre). LanierLifestyle is in possession of copies of
all the platted developments surrounding the golf course that we have
offered to share with the Planning Dept. and Commissioners. As
such, we respectfully request a meeting in order to correct these
obvious errors. to top
STAY INFORMED --- DO WE HAVE YOUR CORRECT EMAIL ADDRESS?
To support
the County Commissioner's decision of Sept. 20, 2007 to deny Wellstone's
rezoning and development proposal, here is the County's attorney's
response to the appeal lawsuit filed by Lanier Golf Club and Wellstone -
click below
A response message from
LanierLifestyle regarding the LGC/Wellstone appeal of the Commissioner's
decision to deny rezoning the LGC property for the purpose of
development as proposed:
Zoning is a legislative power of the elected officials,
commissioners, of local government. The courts should be mindful and
usually are that zoning is a power of the legislative body and not the
judicial. As such, the current zoning is presumed to be valid. When a
land owner seeks a change in zoning he is first challenging the validity
of the current zoning and asking the BOC to change the official county
zoning map, a legal document. In order to successfully challenge the
current zoning the land owner must prove with clear and convincing
evidence that the current zoning is a significant detriment and is
unrelated to the health, safety, morality and welfare of the county
residents. Simply showing that he could achieve a higher price with a
different zoning is not the detriment test.
In the case of Lanier Golf Course, the landowner's application for
rezoning provided absolutely no credible evidence that the current
zoning is a significant detriment nor did they show that the current
zoning is substantially unrelated to the health, safety, morality and
welfare of the county residents. Their challenge to the current
valid zoning failed.
The BOC exercised their legitimate power, considering all the rights of
the land owner in the light of Georgia law and the Comprehensive Plan
and the Unified Development Code of Forsyth County. After reasoned
consideration of the facts the BOC rightfully denied the land owners
application for rezoning.
The land owner now has the right to appeal that decision to the Superior
Court. Unless they can provide new clear and convincing evidence to
support their challenge to the current zoning a reasonable court should
deny their appeal.
A
lawsuit has been filed against
Lanier Golf Course in Forsyth County
Superior Court under Michael D Peck
vs Lanier Golf Club. Attorney Bob
McFarland aims to get class
certification for this action.
The complaint cites ‘implied
easement” exists with residents
adjacent to the course, preventing
the land from being used as anything
but a golf course. Implied easement
is a concept that has some legal
precedent in the county ....
more on cumminghome.com
This suit is
an independent action
filed on behalf
of all homeowners adjacent to Lanier Golf Club ("Defendant").
The purpose of the litigation is to have the courts declare and
enforce against the current owner (Defendant) and any subsequent
owners an implied restriction limiting use of this property to
golf course purposes only.
What's Up with
Housing in Forsyth County? Here are
current facts:
Sales over the last
6 months have declined by nearly 27% over this
time last year
resulting in a
current overall (MOI) months of inventory of
12.9 in Forsyth
PLEASE SEND YOUR LANIER
LIFESTYLE FUND
DONATION TODAY
WE NEED YOUR FINANCIAL SUPPORT NOW, MORE THAN
EVER!!
Support our efforts, which have delivered successful results, and help
us defray costs associated with promotion of the relevant issues,
representation of your interests, preservation of your property value,
and protection of your lifestyle
Super Tuesday in February will not only allow Forsyth
County residents an opportunity to vote in the presidential primary, but
also an opportunity to approve a $100M bond to purchase land and create
more active and passive parks.
"Envision Green Forsyth", a citizens committee, will be presenting
information on this site about the bond issue as the February election
approaches. The ballot language approved by the commissioners reads:
"Shall there be issued up to $100,000,000 in aggregate principal amount
of Forsyth County general obligation bonds for the purpose of financing
parks and recreational areas, programs, and facilities, including, but
not limited to green spaces and conservation areas for the protection of
lakes, river, forests, and wildlife habitats?"
The community
and this organization are ready, as always, to sit with the owners and
support efforts, based on the Commissioners' decision, to sell their
property and business to another 18-hole golf course operator or to
support County acquisition as a permanent golf/recreational resource to
serve County residents and visitors. Just tell us where and when
and allow us to work together for a reasonable, mutually beneficial
result that allows this property to continue to remain green space per
its zoning designation.
What's Next For The Lanier Golf Club Property?
Cemetery, Horse Stables, Chicken Farm?
How about a .... duhhhh ..... 18 hole golf course?
As expected, Wellstone and the Lanier Golf
Club owners, refusing to take "no" for an answer from their fellow
residents, legal opinions, elected officials, and the overwhelming
desire by area communities to limit development in this area of Forsyth
County, are following up on the Commissioners' rezoning denial with a
complaint and appeal that attempts to reverse the County's decision of
Sept. 20, 2007. See the full copy of the latest effort by the LGC
owners to capture a windfall profit and disturb the surrounding
community with their development dreams. Residents remain
confident the Commissioners' ruling will be upheld by any court, that
the property serves a viable economic use as currently zoned, and that
the owners should simply move on and sell their golf course to another
golf course operator.
Opponents of the Wellstone proposal, most wearing green shirts to
show their support of the Lanier Golf Course, packed the planning
meeting this past Tuesday.
Forsyth golf club fans fight to keep it Site's owners want to sell course to Wellstone, which plans to
build a huge retirement community. No way, foes say -
By
NANCY BADERTSCHER
The Atlanta Journal-Constitution,
Published on: 08/27/07
Moratorium on new zoning considerations is
requested
Through our legal counsel, and due to
suspected prior improprieties in the process, we have requested that the
Board of Commissioners immediately impose a moratorium on accepting any
new rezoning applications in the Buford/GA 20 East Subarea until a
revision of the Comprehensive Plan for the subarea can be completed
through a meaningful public participation process and be submitted to
the Department of Community Affairs for approval by that body.
Local, area, and state authorities, news
agencies, and media are being informed and invited to attend upcoming
meetings of Forsyth Planning & Zoning, and the BOC
THE EFFORTS CONTINUE ... WE STILL MUST LOBBY SO NO OTHER RESIDENTIAL OR
COMMERCIAL DEVELOPER LOOKS AT PROPERTIES, WHERE THEY BEST SERVE THEIR
COMMUNITIES AS CURRENTLY ZONED.
A civil lawsuit has
been filed in Superior Court in an effort to stop the city of
Cumming from condemning Deborah Fox’s property in order to
expand the city’s sewer service. The property,
approximately six acres, is located on Samples Road across from
the Lanier Golf Course.
More ....
A
proposed development to replace the Lanier Golf
Course does not fit the property's land use
designation and is potentially harmful to the
surrounding area, according to findings in a state
Developments of Regional Impact (DRI) review.
More ....
Click Here
to see the DRI application and LanierLifestyle's Response
Click Here to
see our attorney's Post Hearing Brief document regarding the active
lawsuit against the County regarding the improper designation of LGC
property on the future land use map for Forsyth County
The communities interests
are being heard and we are on the fair and right side of these efforts
to stop development that makes no sense!
TODAY, NO REZONING OF LGC
HAS BEEN APPROVED
The LGC property continues
to be zoned agricultural and can serve its owners with an economically
feasible use as a private or public recreational facility.
Any developer would be well advised to look
elsewhere
in Forsyth County for such commercial or
residential density as Wellstone and the current owners of LGC have
proposed in their plans to date
Your support is critical -
Wear a GREEN shirt - Get a MUG!
If not,
click
here to be added
to our list and receive
the latest information, news, or to offer suggestions
Thank
you for visiting LanierLifestyle.com! Through this web site,
you'll be able to find a wealth of information regarding the *POTENTIAL*
sale of Lanier
Golf Course/Club located on Buford
Dam Road in Cumming, GA.
The result of our research and the decisions not to rezone by Forsyth
County Commissioners on Sept. 20, 2007, leads us
to believe that the impact of such a rezoning and/or potential sale to
any developer
could have a negative impact on a multitude of areas and issues including TRAFFIC,
ROADS, RECREATION, WATER, CRIME, PROPERTY VALUES, POLICE/FIRE SERVICES, SCHOOLS, SHOPPING, and our
lifestyle in general!
This
web site was created to share information as it becomes available and
allow others to join in our efforts. Here's a quick overview of how YOU
CAN HELP:
Contact
Commissioners to express
your feelings about this matter.
