The lot would be solely used to store cars.
But residents of the Kingsridge Estates are not giving up in their battle to save their neighborhood from commercial development.
Residents of the subdivision are vowing to explore every legal option to stop Woodstock City Council's decision to allow Hennessy Honda to annex and rezone three homes in their neighborhood to use for long-term storage.
"It's not over yet," said Tim Anthuis, a resident of the subdivision. "The City Council and Peter Hennessy (owner of Hennessy Honda), they've united this subdivision. That's where they went wrong."
The Planning Commission unanimously recommended denial of the request, citing the dealership had not explored all options and that the request would encroach on the Kingsridge Estates subdivision.
The Council Chambers were packed with more than 100 people who attended the meeting.
About 84 people, most of whom were Hennessy Honda employees, attended the meeting to support Hennessy's request. About 77 people, a majority of whom were Kingsridge Estates residents showed up to oppose the request.
Several people were forced to listen to the debate in the lobby of the City Hall Annex. The meeting was also attended by Cherokee County Board of Commission Chairman Buzz Ahrens and Commission member Derek Good, who represents Kingsridge Estates.
Lloyd Langston, another resident of the subdivision, said he felt "betrayed" by the ruling and accused Hennessy of "bullying" the Council by stating he would consider moving if he was not granted the annexation.
He also said Hennessy "stacked the deck" by having its employees show up two hours before the meeting to take up seats so Kingsridge residents did not have a place to sit in the chambers.
"I'm just very disappointed in the whole procedure at this point," he said.
The residents have 30 days to decide to challenge the ruling, said Frank Jenkins of Jenkins, Olson and Bowen of Cartersville, the law firm that represents them.
Jenkins said they would petition the Cherokee County Superior Court to overturn the annexation.
Peter Hennessy, who argued during the meeting that expansion was the only option, said he was pleased to see the Council approve his request.
"Well, we are certainly excited about the opportunity to reinvest in the dealership and remain in Woodstock," he said, adding he is well aware of the concerns residents have about his plans. "I'm just as committed today as I was yesterday of doing the best possible job of making a buffer ... in the neighborhood."
Hennessy made the argument that American Honda has given the dealership two years to "get in line" with its space requirements.
The dealership is required by American Honda to have 816 parking spaces, but only has 732 spaces on site. It's also barely meeting American Honda's acreage requirement. The company requires its dealerships to have 6.79 acres. Hennessy has 6.96 acres on site.
He also said it wasn't feasible to purchase the Woodstock Car Wash as the land would not be enough to satisfy Honda's requirements for parking.
He also said building a parking deck would be cost-prohibitive.
Hennessy said if he weren't granted the request, the decision to move would not have been made overnight, but would have been on the table for consideration.
Hennessy added the request to annex the property would allow him to plan 10 to 15 years down the road in anticipation of what would be required by American Honda in the future.
The land was needed, he said, because the dealership parks between 140 and 150 cars off site each year.
Hennessy also refuted claims the dealership closed its operations early just to attend the Council meeting. He said no employees were "on the clock" while in attendance and that no one was forced to go.
"Our employees were so upset by the neighbors picketing in front of the dealership," he said. "This was all done by the employees approaching us asking what we can do. We exercised our rights to be seen and heard just as the neighborhood did last night and two weeks before."
During the meeting, Jackson and Linda Norton, who are selling their home to the Hennessys, said they believe the dealership would create an adequate buffer to protect the residents from the commercial property.
Mrs. Norton criticized some of the residents of the Kingsridge neighborhood, saying they "turned on us" when they found out they were selling their homes.
"As a homeowner, I feel I should be able to sell it to whoever I want for the price I want," Norton added.
Hennessy Honda employees also spoke in support of the company's request.
Scott Bailey, who has worked with the company for 15 years, said he loves working in Woodstock and would not want to see the company consider the option of leaving if it was not granted the annexation.
Gene Sweeney, owner of Cherokee Collision Center, also spoke in favor of the request.
While he said he understood how the residents felt, Sweeney said he's known the Hennessy family for 20 years and said the residents will be satisfied by the heavy landscaping Hennessy will put into place.
The Council also heard from residents of Kingsridge Estates who criticized Hennessy's request.
Judy Langston, a 37-year resident of Kingsridge, said the request is "hardly ideal" for her neighbors.
"Who would ever want to buy a home in a subdivision with a 190 car parking lot?" she asked the council. "You wouldn't put this in your neighborhood, so don't put it in ours."
Council members claim the decision to support the annexation did not come easy for most council members.
"It really, in my mind, came down to trying to do what is in the best interests of the residents of Woodstock and that's to keep our tax base strong," said Council member Bud Leonard. "I have a lot of sympathy for the residents, but I have a responsibility for the citizens of Woodstock."
Leonard said he was concerned that if Hennessy Honda left the city, it would place a tremendous burden upon the taxpayers.
The dealership paid roughly $876,000 in sales taxes to the city of Woodstock.
Council member Bob Mueller, who owns a home in the subdivision, also voted in favor of the request. Mueller did not return calls for comment.
Council member Chris Casdia, who asked numerous questions about the residents' written claims that the sale of their neighbor's property would violate their constitutional rights, said he felt there was nothing to the argument.
During the meeting Casdia questioned Jenkins on which constitutional and property rights would be violated if the annexation and rezoning was approved. Jenkins did not cite any specific rights.
"The argument the opposition was making, that it was a violation of their property rights and their constitutional rights, it turns out there was nothing to their argument," he said. "They weren't accurate. I looked at the rights of selling homeowners and they had every right to do it."
Council member Tracy Collins said she was informed by other Kingsridge Estates residents that if they were given the same offer, they would have taken the deal.
Ms. Collins also noted that some of the residents who were complaining didn't live near the properties in question.
Both Mayor Donnie Henriques and Council member Steve Faris both said they were skeptical about claims from residents that the annexation and rezoning would decrease the property values.
"Every time we have a zoning case, we get these exaggerated claims," Faris said. "In all those cases in which we've approved, surrounding property values have never gone down."
Faris added he has asked residents to point to a case in which a rezoning has had a negative impact on property values and said no one has shown him evidence.
"I just don't believe it," he said.
Faris also indicated Hennessy plays a vital role in Woodstock becoming a live, work and play community, noting residents have consistently said they do not want to be a "bedroom community" and they want to see more commercial activity in the city.
Mayor Donnie Henriques said he was very sensitive to the residents' concerns as he faced the same issue when he was first joined the council in 2000. Henriques noted a developer wanted to build an apartment complex opposite his home in Deer Run.
Henriques said he was concerned that the complex would have devalued his property, but "that didn't happen."
"Very few things will devalue a property next door," he said, citing examples such as a meat packing plant or an adult bookstore. "This will not have an affect on their [Kingsridge Estates residents] property values."
Henriques noted that the neighborhood is already adjacent to commercial development, such as The Home Depot and Big Lots.
"It's already there," he said of commercial development. "I think this is probably the least intrusive type of neighbor they could possibly want to have."
The Woodstock City Council also:
* Police Chief David Bores recognized Lt. Carl Welch, who will retire from the Police Department after 15 years of service, recognized Matt O'Keefe for his promotion to lieutenant and Mike Decocq for his promotion to the rank of sergeant and recognized John Stilman as employee of the first quarter;
* Mayor Donnie Henriques proclaimed May 8 as Taylor Scott Randahl Day in the city and read a proclamation supporting sister city Woodstock, England's 900th anniversary of the enclosure of the Royal Park;
* Public Works Director Pat Flood informed the Council the city will close Main Street at Haney Road June 1 to begin the roundabout construction;
* Approved a request from Hennessy Honda to annex and rezone 2.05 acres at 890 Tanglewood Trail and 1070 and 1080 Castlewood Drive from single-family residential in Cherokee County to general commercial in the city for long-term storage;
* Approved the second reading of issuing a tax anticipation note in the amount of $2.7 million to provide working capital for calendar year 2010;
* Approved first reading of extending the apartment moratorium in the Ridgewalk area to Nov. 19;
* Adopted a resolution supporting Department of Community Affairs has approved the joint city/county Solid Waste Management Plan for 2007-2018.
* Awarded a bid to C&S Paving Inc to add the top coat of asphalt in the Cottages of Woodstock development for $40,000;
* Approved using Flegal Insurance to provide new weather insurance policy to cover six events for $4,125.00;
* Approved revisions to the city's community center catering policy, which allows the use of outside catering with departmental approval, implements a cleaning deposit requirement, and stipulates outside catering requirements;
* Approved second reading of revisions to the occupational tax ordinance, which reflects a revision made in 2004 to levy a minimum $60 occupational tax fee;
* Awarded a bid to Carl Gregory Dodge to finance a 2010 Dodge Charger to be used as a police pursuit and accompanying equipment for $117,749.23.
* Directed Director of Economic Services Billy Peppers to draft an agreement with Gannett Media to participate in the Hometown Focus campaign. The city will consider spending $10,000 to participate in the campaign during its May 24 meeting. The Downtown Development Authority, Convention and Visitors Bureau and Main Street Woodstock, Inc. will pay the remaining $5,000;
* City Manager Jeff Moon informed the Council that the city has the option of beginning to relocate the water lines before closing Main Street at Haney Road for the roundabout project. It would shorten the project by two weeks and the Council directed Moon to begin the process.
The Council moved into executive session to discuss real estate.
Upon returning, the Council directed Moon to pursue negotiating a short-term lease agreement with an engineering firm who wants to use the Wayne Lester building as office space. The Council also directed Moon to send out request for proposals on demolishing the building used by Woodstock Community Church for storage.
Councilman Randy Brewer was not present.
Post a Comment