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Safety of Whitlow Elementary School Children at Stake?
Originally Published Apr 6, 2008, 10:42pm
(Updated Apr 6, 2008, 10:42pm)
Thanks to the “Open Records Request Act”, I have read 22 e-mails sent by (FCBOC) Forsyth County Board of Commissioners’ Chairman, Charlie Laughinghouse to applicant developer, Sal Migliore between Dec., 5, 2007 and March 15, 2008. County Attorney Ken Jarrard was copied each of these e-mails.
Some of the new information that I’ve learned about this applicant/developer and his dealings with the Chairman of the FC BOC, from reading these e-mails, include:
1. In the first e-mail of this series, dated Dec. 5, 2007, the developer wrote in paragraph 2. “I would like to please request approval for 2 drive-through windows for this plaza….This plaza is too small to have a large anchor tenant but certainly I see my two strongest tenants being the coffee shop (Dunkin, Starbucks, Moose Mountain, etc.) and the deli (Jason’s, etc.), both of which rely heavily on the drive-through window for their revenue (upwards of 75% for the coffee shop).” This is the first reference made by anyone in 10 months to having drive-through lanes in this shopping center that I've heard of. The developer would have to have a Conditional Use Permit, based on my understanding, to have drive-through lanes but when this was going to be made known by either he or Chairman Laughinghouse to the 83 opponents of this shopping center isn’t known. Several of us met with Chairman Laughinghouse on Dec. 27, but he never said anything to us about the developer planning to have drive-through lanes, neither then nor later.
2.January 11, 2008, developer requested that Chairman remove Condition 14, even though developer made a verbal agreement with Hutchinson Pointe residents, who live behind the proposed shopping center, regarding this Condition.
3.January 13, Chairman Laughinghouse wrote back, “Sal, I removed Condition 14”, no further questions asked.
4.January 14, Chairman Laughinghouse wrote, “There are commissioners who are concerned about the traffic issue. Would you consider a change from NS to Office and Institutional (O&I) or Office Residential (OR).
5.January 15, the developer wrote back “I prefer to rezone to NS”. He followed this by stating that other property owners on Castleberry Rd., plan to rezone to NS also. On the night of February 21, the developer told several homeowners, including me, who live on Rollins Rd., that he would not only rezone to OR but he would submit another site plan showing the change in plan. But when the change was submitted, he was still planning on rezoning to NS.
6.March 7, the developer wrote: “Hello, Sir, I just wanted to follow up with you regarding my application. Beth Blalock (unknown to author of this article) shared with me your comment that I should wait a few weeks before moving forward with reapplication, so I will wait a big longer if you need time for some internal reason. Please let me know what the outcome is of your inquiry.” On February 21, the FC BOC had unanimously agreed to allow the developer to withdraw his application without prejudice, even though he never did put it in writing as required by the Unified Development Code, probably because no one present that night at the FC BOC Meeting told him to do so. It appeared to Chairman Laughinghouse that 3 commissioners were going to vote to deny the rezoning. If they had done so, the developer wouldn’t have been able to reapply for 1 year, whereas if he withdrew his application without prejudice, he could reapply the next day.
7. March 8, Commissioner Laughinghouse wrote the developer: “Sal, I believe I have some good news for you. Commissioner Ledbetter announced (March 6) that on March 20th she would make a motion to rescind the vote on the withdrawal and bring your zoning back to the table. If the motion passes, and I hope it will, there will be a public hearing scheduled for April 17, I think, and then I will once again move to approve. Please check with our Planning Department for the details.” On February 21, Commissioner Ledbetter’s feelings seemed to be for the over 1,000 school children who will be transported on 2-lane, minor arterial, Castleberry Rd., beginning next year, to Whitlow ES, but between Feb. 21 and March 6, her feelings apparently switched and she began to feel sorry for the developer and Chairman Laughinghouse and how hard these two worked to get this rezoning approved, based on a letter from her to me.
Before the FC BOC took office they all signed an oath stating they would “discharge the duties…in all matters…. the most conducive to the welfare and best interests of the entire county”.
I have studied the campaign contributions that Chairman Laughinghouse has received and it seems to me that about half of them are from developers/builders/real estate businesses and lawyers. It seems obvious to those of us who live in District 1, and I hope to the rest of you who read this letter, who are concerned about the dangers of driving on two-lane, minor arterial Castleberry Rd., on which over 1,000 school children will be transported twice a day, that his heart is with this developer who doesn’t even live in Forsyth County.
Recently, I talked to someone in the U. S. Attorney’s office about this rezoning and he suggested that when we residents of Forsyth County can do so, to work to reelect public servants who care what the face of Forsyth County looks like, to replace FC Commissioners who are helping developers to build strip malls.
It’s not too late to get this rezoning denied but a lot of common folk, parents, grandparents, children, teachers and staff, are going to have to stand up and be counted, before the night of the vote, commissioners@forsythco.com, and on Thursday, April 17, 5 p.m., in the County Administration Building, 2nd floor, in order to do so. Make your vote count.
We’ve stood up for 10 months and plan to continue to do so, to try and improve the safety of children and adults as they travel Castleberry Rd, in spite of what our leaders do.
Editors note: We contacted Commissioner Laughinghouse regarding this issue, and here are his comments:
"Ms. Leifeste bases her opposition on her perception of increased traffic and the hazard this implies. She does not mention that the developer has taken every effort to minimize any sight line problems at this section of Castleberry Rd. In addition, she is not conveying the fact that she did not oppose ZA# 3326, a development that surrounds Whitlow school, which added 328 homes and over 3000 vehicle trips on Castleberry road in the immediate vicinity of ZA #3438. It would seem to me that the vehicle traffic from a major subdivision would have been of some concern to her. Why the outcry over a few hundred car trips to a commercial center when thousands from a residential complex are OK?"
"Sal, I believe I have some good news for you.."
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Comments
6 comment(s) on this page. Add your own comment below.
Regarding Chairman Laughinghouse's comments above: It doesn't matter what Mr. Migliore has done to minimze any sight line problems on this dangerous curve on Castleberry Rd., because the Unified Development Code, that was approved by the FC BOC, Chap. 12-1.1, para. 3 states, "This district (NS) is intended to discourage the random sprawl of commercial development by concentrating neighborhood-serving businesses in activity centers at road intersections", which means that NS Activity Centers are "intended" to be at road intersections, not creating strip malls. Chapter 8 of the UDC states, under SPECIAL CONSIDERATIONS FOR DECISION, "Whether or not the applicant's proposal would result in a use that would cause an excessive or burdensome use of existing streets, transportation facilities...." The FC Planning and Development staff wrote in their comments regarding this rezoning: "The proposed rezoning could cause an excessive or burdensome use to local infrastructure....If the estimated start time for construction of this project happens at the same time as the widening of Castleberry Rd., the applicant's proposal would cause less burden to the infrastructure." So even FC's P&D Staff are concerned about the excessive or burdensome use to local infrastructure caused by the building of this shopping center.
Secondly, it never occurred to me to waste my time opposing the Whitlow rezoning for 328 homes to be built around Whitlow ES which isn't on a dangerous curve and from where drivers will generally be entering and exiting onto Castleberry Rd., twice a day. This school is named after this family and they took, as I understand, less money for their land for this purpose; therefore, why would the FC BOC even consider denying their request for rezoning application 3326 for a local family who helped make a new school possible in FC?
I traveled Castleberry Road today. What astounds me is that Forsyth County Schools would use that land to build a school even if it was given to them for free. The school itself is in a curve. I had to move to the right even when passing an over-sized pickup truck. The pavement on the edges of the road are worn and raged. In certain areas if you were ti happen to move over slighly too far when moving over while someone is hogging half your side of the road, you would land up down a huge embankment. Can you imagine what it will be like passing school buses on that road?
Why on earth would the BOE build a school on that hill and spend Lord only knows what doing all that grading and building all those retainer walls.
What I don't understand...is why did the county buy right-of-way to widen Castleberry Road with SPLOST V and instead of widening Castleberry Road with SPLOST VI, they are buying right-of-way to widen Bethelview Road? When will it be widened? The BOC should consider public safety since a school is on that road and widen the road and take out those curves.
I don't think a 3 acre Neighborhood shopping center with a coffee shop and a donut shop, and probaby your usual dry cleaners and nail salon and submarine shop will endanger the childrens' or anyone elses' lives more seriously than they already will be.
On 4/8/2008 I too travled Castleberry Road. I had to drive on the left side of the road because the FC Road crew was working on the right side in fromt of the school....the problem was no one directing traffic. As the driver ahead of me went into the left lane, which was the wrong side for us to drive into Cumming a few cars when driving towards us coming from Cumming. The only hope I had was to pray that they could see both of our cars.
This is most differntly a dangerous road and is becoming more so with additional traffic. This is not a place for a coffee shop it is not a easy road to enter onto or exit. Take a look at the Castleberry and Piney Grove Road. Traffic coming around curves in both directions as one tries to pull on to Castelberry from Piney Grove.
It frightens me think of how many accidents will be involved with school buses loaded with children trying to pull into the entrance of WES.
I agree with the school and the way that bewildered described it being built as a curve. Has anyone notice the allusion that the wall gives when driving by? The allusion makes the driver think that s/he is driving into the wall going around the curve.
Please don't approve ZA 3438 for the safety of the citizen in the Forsyth Co.
I will add more to my comments.
I have read the commissioners' vision for Forsyth County. I suppose that includes spending taxpayers money and creating a special overlay district to attract Taubman Mall, an uspcale shopping mall with a 12 floor hotel, an 8 story parking gargage, a 12 story office building. Yes, they say we are the 13th wealthiest county in the nation and we should look like it. Well, what about water? Have they calculated how much water a project that large will use? Have they calculated how much our property tax will be raised to pay for extra services? Also for Great Wolf Lodge?
Their philosophy is taken from a quote out of Alice in Wonderland.
Have they forgotten that GA is in the worst recorded drought in history? Have they forgotten that the county is still on water restriction? Count on your water being rationed unless GA is successful in stealing water from Tennessee.
All the while, school children will be transported to school on one of the most dangerous roads in Forsyth County, when it COULD be widenened. Why? School Children don't bring in Tax dollars, they COST tax dollars.
One commissioners states "there is no place for compassion in Government." How true that has proven to be in Forsyth County. That is why I don't want to pay this county one penny more in taxes. But, count on your taxes going through the roof.
Also, I would expect increased traffic on Castleberry Road when Fowler Park Opens at the end on Hwy 9. Just recently there was a traffic death at the intersection of Hwy 9 and Castleberry Road. The intersection at Shiloh Road, Majors Road and Hwy 9 has had 54 accidents in the past 4 years. Thankfully no deaths yet. The answer from the county is always...these are state roads. Well, the state didn't have a problem forking over money to add an exit ramp at Mary Alice Park Road (the road to nowhere) for Great Wof Lodge. The widening of Castleberry Road should have been a priority for SPLOST VI. Lives depend on it.
I am on a roll and there is just no stopping me.
I had heard ONE rumor that there are plans for a massive 200+ acre mixed use development designed after Vickery Village on Post Road. Now it has been confirmed The palns are for 1039 single family homes plus I have forgotten much retail space. This is on or near the intersection of Shiloh and Majors & Hwy 9. There is no traffic light there. Will someone explain to me how this would be considered a MAJOR intersection? The reasoning for turning down Wellstone was because it was not at a MAJOR intersection and the road could never be widened. (All of us with an ounce of brains knows that was not the real reason). When will Hwy. 9 be widened? Hwy. 141 IS being widened. Yet, would a project that large be approved for John's Creek, when the county WILL NOT approve a WalMart? Then we have people having a massive coronary over a small shopping center. Get Real! When will the hypocricy end in this county?
Vote for Patrick Bell.
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