Residents of the Cherokee County Avery Community Speak Out Against Rezoning Application
THE UPDATE 3/20/25- Another Avery Corner update - Chair Commissioner Harry Johnston introduced the idea of rescinding the decision made to rezone the property since the property is already on the market to be sold. (Thank you Harry).
Steve West was a hard no. He was not willing to revisit this property zoning just because "a few" people did not agree with the zoning. (Yes, we were 4 there today but what about the 1,145 signatures that were submitted ask for the request to rezone as commercial be denied). He actually said that this zoning was important to "protect the other corners" (WHAT???)
Richard Weatherby didn't support rescinding the decision. He didn't think that the property was up for sale. He thought that Mack Development was only looking for investors (I had incorrectly said tenants). Harry pointed out that wasn't what the ad Norton/CJ Harman was running made it sound like.
Corey Ragsdale was not in attendance.
Thank you everyone for our continued vigilance in this matter. The community has spoken and needs to be heard
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Submitted by a concerned citizen of the Avery Community (posted 3/3/25)
The Avery community is a rural area nestled in between Hickory Flat and Macedonia in Cherokee County. It is home to family farms and residential neighborhoods. With one exception, all of the property in the area is zoned either agricultural (AG) or residential (R-40). The single exception is the Union Hill Flea Market, formerly known as the Carmichael Store, which was built in 1946. The people who live in Avery call it their little slice of heaven.
There is an application to rezone the property at the 7658 Union Hill Road to allow for 50,000 sq ft of medical office space bringing a commercial designation to the area. This property is at the intersection of East Cherokee Drive and Union Hill Road and is adjacent to the Avery Elementary School. Rezoning this property as commercial would set a precedent for any rezoning on the other three corners of the intersection. This would, in time, also carry on through the East Cherokee corridor from Hickory Flat to Macedonia.
The current land use plan and the future development plan both have this area designated as Country Estates with a zoning of agricultural. There is a commercial node defined as the Highway 20 East Overlay District within a couple of miles of this property.
Residents initially learned about these plans in July, 2024 when Ethan Underwood of Miles Hansford, LLC attorneys for Mack Development sent out an announcement for an informational meeting. A second meeting was also required because of a clerical error in notifying all interested parties for the first meeting. The community showed up at both informational meetings with concerns of such a large commercial enterprise in the middle of a residential area and next to an elementary school. Concerns included traffic, safety, health, lower home values of surrounding properties, quality of life and non-conformance of the current and future land use plans. Residents attending these meetings thought that our commissioners would never consider approving this proposal.
Letters of opposition were written by members of the community and an opposition petition was circulated. Some members met and discussed opposition strategies to present at the Planning and Zoning public hearing. Plans were made as to who would talk and what they would say so not to repeat the same information.
The Public Hearing on the application was set for November 5, 2024 (yes, election day). There were 3 out of the 5 commissioners present to hear the public input. Missing from the meeting were Commissioner Steve West – District 1 (The property in question is in District 1) and Commissioner Corey Ragsdale – District 4. (November 5, 2024 Planning Commission Meeting)
The Avery Community showed up to oppose this proposal. A slide show with all the opposition points was presented by members of the Avery Community Neighbors along with a few other speakers from the community voicing their opposition reasons.
The original application included two variances to buffers. The first would have reduced the buffer between this property and the elementary school to a 5-foot buffer. The second variance reduced the buffer between the property and the school bus lane and residences to an 11-foot buffer. The Planning and Zoning members stated that the plans were too large for the property. Mr. Whitaker, the chairman, stated that this was a market issue not a zoning issue. That the property was too expensive. The applicant was asked to resubmit a plan without any requests for variances. A motion was made to table the decision until the next meeting.
The next meeting was held on December 3, 2024. This meeting did not include any public input. But again, the Avery Community showed up. The applicant did submit a plan without the request for variances but still had two 25,000 square foot buildings. In the end, the motion to deny the application passed 5-4. (December 3, 2024 Planning Commission Meeting)
Prior to the Board of Commissioners meeting, Commissioner West was quoted as saying that this (the medical facility) was the best we could get. That there had already been interest in the property to put a car wash, a gas station or even a port-a-potty business. The Avery Community knows that it can be better than any of those options. Residential would work. It would provide a reasonable economic use to the property owner and contribute to the character of the area. On a 7 ½ acre lot, at AG zoning there could be 3 homes, at R40 there could be 6-7 homes and at R30 as many as 9 homes. Any of these zonings would be acceptable to the community.
The property has access to sewer which is unusual in this area. This makes it attractive to businesses.
The application was added to the Board of Commissioners January 7, 2025 agenda.
There could be 4 possible outcomes
1. Vote to affirm the Planning Commission’s recommendation of denial.
2. Vote to accept the applicant’s withdrawal of the case, which would avoid the one-year lock-out of new zoning applications for the property that comes with a denial. The applicant would have to agree to withdraw the case and give up the right to sue the county for failure to approve it. This would leave the door open to explore other options for the property that might be more acceptable, and to file a new request relatively soon. That would start the entire process over.
3. Vote to schedule, advertise, and hold a second public hearing before the BOC to consider an outcome other than denial.
4. Vote to postpone any action until a future meeting.
Commissioner West said that he had been sick and had not reviewed the material received from the community. He chose option 3 above and made a motion was to have a public hearing at the February 18, 2025 meeting. Commission Chairman Johnston made a motion to take retail off the table and introduced OI (Office and Institutional) zoning consideration. He did not receive the support of any of the other commissioners. The original motion from Commissioner West passed 4-1 with Commissioner Johnston being the only one to vote against it. (January 7, 2025 Board of Commissioners Meeting)
Members of the Avery community did their due diligence and discerned fact from speculation. When they were told that houses couldn’t be built by a school, they went to different schools and looked at neighboring houses. One example was the Owens Mill subdivision which is a one road subdivision in line of sight to both Creekland Middle School and Creekview High School. Avery Elementary is a much quieter neighbor than either of those schools. When the statement was made that traffic would divert from Highway 20 onto East Cherokee Drive making it a road that nobody would want to live near, a call was made to the Cherokee County Traffic Engineer who said that the Highway 20 widening would not increase traffic on East Cherokee Drive. The same Traffic Engineer warned against creating a destination within a rural area that it would bring traffic from outside of the area. Wouldn’t 50,000 square feet of office space qualify as a destination? What about safety? Most crime is committed by people from outside of the area. Didn’t we just invite them into the area with this destination.
More letters were written to the commissioners. Another petition was started. A new presentation with the facts was created. Representatives of the Avery Community were able to meet with 3 of the commissioners to express all of the concerns. The Avery Community was prepared. Many of the Avery families with school aged children expressed disappointment that the meeting was scheduled during the CCSD Mid-Winter Break.
Just before the February 18th meeting, the applicant submitted some additional stipulations to limit what they would be allowed to build and what businesses were allowed. The application was modified to ask for Office and Institutional (OI) zoning. The community still believes that residential is the best use for the property. Commercial zoning does not fit the character of the Avery Community. That type of zoning was not planned and is not welcomed into this rural community.
The first opposition speaker presented a narrated slide show from the Avery Community Neighbors. Avery Community Neighbors BoC Presentation (that links to a YouTube of the presentation). The next speaker updated the commissioners on the latest count of Cherokee County residents who signed the online petition. This count was emailed to all of the commissioners prior to the meeting. The count on February 18th was more than 950 and it continues to grow. The final speaker spoke about the inevitability of growth and how that type of growth was not appropriate at that corner but better suited in the commercial districts. There were more in attendance who wanted to speak but time ran out.
Once again, the Avery Community turned out to show their opposition. The main meeting room was filled and the overflow room had an estimated 70 more attendees. Unfortunately, there was an issue with the sound in the overflow room so those in attendance did not get the opportunity to hear everything. The commissioners were not aware that there were so many in attendance. Unfortunately, once again, Commission West made a motion to postpone the decision on this request until the next meeting on March 4th. (February 18, 2025 Board of Commissioners Meeting)
Four of the five commissioners were in attendance at the meeting on February 18th. Commissioner Ragsdale was not there. He had not been in attendance at the public hearing on November 5th either yet he will be able to vote on this rezoning at the next meeting.
The commissioners are not listening to their constituents. The residents in the area have called, emailed and spoken to all of the commissioners. Residents have gone to the commissioners’ offices and met with Commissioner Johnston, Commissioner Carter and Commissioner Weatherby. Commissioner West met with a few from the community once before the first BoC meeting.
Commissioner Ragsdale responded that he was not able to meet on this subject.
The Avery Community is continuing to reach out to all of the commissioners asking for their support to deny this application. The petition link is still active and continues to grow with more than 1000 signatures from Cherokee County residents. Flyers are being distributed. There are email blasts within different groups asking for community members to go to the Board of Commissioners meeting on March 4th at 6pm. Posts are being made to multiple Facebook groups. Neighbors are talking to neighbors. The information is being spread throughout the community.
To help the Avery Community retain its rural look and feel, you can help by doing the following
· Sign the petition
· Contact the Cherokee County Commissioners - You can send your commissioners an email from their website. https://www.cherokeecountyga.gov/boc/
· Come to the Cherokee Board of Commissioners meeting on Tuesday, March 4th at 6pm at The Cherokee Conference Center 1130 Bluffs Parkway, Canton, GA 30114
Source: This story was originally reported by CLER Scorecard.