Lavonia City Council Denies Rezoning for Large Townhome Community

The Lavonia City Council has rejected a rezoning request from a developer to rezone acreage off Vickery and Spring Sts for a townhome development.

In December, Kenny Whitworth representing Gunter Vickery Properties, LLC, and Alberta and Matilda Garcia of Ft. Lauderdale, FL., owners of three properties on Vickery St./ Highway 59, asked the City to rezone the 11 acres owned by the Garcia’s from R1-A Single-family (low Density) to R-1B Single Family Residential (High Density).

He also asked that 14 acres owed by Gunter Vickery Properties across the street be rezoned from R1-A to R-3 Multifamily Residential.

Whitworth said at the time, his plan was to build 57 single-family homes on the 11 acres just east of Grace Fellowship Baptist Church and townhomes on acreage on the other side of Grace Fellowship as well across the street at the corner of Spring and Vickery Sts. for a total of 127 townhome units.

Members of the Planning & Zoning tabled their recommendation in December citing the need to do more research on Whitworth’s request.

Tuesday night, it was standing room only at Lavonia City Hall with citizens from the Springview Heights community, the Stonebrook subdivision, and other concerned citizens gathered to voice their opposition to Whitworth’s plans.

Most, like Chuck White, who lives in the Stonebrook subdivision behind the proposed single-family development, said the 127 planned townhomes would have a major impact on traffic along Vickery St.

“You figure two cars per household, that would be 254 cars trying to get in and out every day. Then the people from Beaver Creek trailer park, then the people that work at the plant at the end of 59 where 85 is. You’re going to have all that traffic in and out. And then on the Garcia property, it’s zoned for like three or four houses per acre. That would be 40 more houses and 80 more cars all coming and going,” he said.

Another citizen who spoke, Mary Lou Jackson, said that many townhomes would bring in more children and place a burden on the school system.

The area where most of the townhomes were planned fronts the Springview Heights Community where one resident, Morris Rivers Jr., said the city first needs to do something about the dilapidated houses in his neighborhood before allowing new homes to be built there.

“Right across from my house I’ve got buildings falling down; old, raggedy houses. I’ve been up and down, back and forth with the City. We can’t get anything cleaned up. I can’t even get Washington St. paved. But here we are fixing to build $200,000-$300,000 houses. And I can walk in my yard and throw a rock over there. Now explain this to me. I would like an answer. Why are we allowing these folks, God bless them, to come in here and build these houses when we can’t even get property cleaned up over there where I live?” he asked.

After hearing from more citizens, the Planning & Zoning Commission voted to recommend the denial of Whitworth’s rezoning applications.

During the city council meeting afterward, Whitworth withdrew his application to rezone the 12 acres around the church where he planned to build 61 townhomes and leave it at the current R1 zoning, and build single-family houses on the 12-acre parcel, provided he could get the rezoning to build 66 townhomes along Spring & Vickery Sts and Wright and Vickery Sts.

“What I’m saying is, we are willing to go with the same zoning for single-family only if this is zoned for townhomes,” Whitworth told the Council pointing to a map graphic of his development plans. “We feel like the numbers would work for us. However, if this isn’t zoned for townhomes, (pointing to the Spring St. area on the map, labled A and B) then we wouldn’t do the project but we are willing to put single-family houses in this area if we could get this area rezoned,” he said.

“So the only rezoning that you would be asking for is A and B,” Councilman Eddie Floyd asked.

“Yes sir,” Whitworth replied.

Mayor Courtney Umbehant later clarified the revision in Whitworth’s plan after several citizens questioned the change.

“What’s being proposed is on the piece of property that’s closest to the Stonebridge subdivision, there would only be single-family houses. And just so everybody understands, that is what is currently allowed under the zoning. So, anybody can go in there and build houses on that side of the road, and honestly, it doesn’t matter if any of us like that or not. But yes, but what they’re asking is for the other side of the road, on Spring St. to be rezoned,” he said.

Before the Council voted, questions were raised as to whether the rezoning request could be tabled again, but Umbehant said it could not.

“You do have to have a second read on this,” City Manager Charles Cawthon pointed out. “And that is the purpose for that, that if you investigate it further….you can make a change at that point in time. And that gives you a month in between meetings to make a decision; if you decide to go that way. I’m not recommending one way or the other. I’m just saying you have that option available to you.”

Councilman Jerry Madden motioned to deny Whitworth’s rezoning request based on traffic concerns and limited emergency vehicle access to the townhomes.

The Mayor said the City had no ordinance regarding emergency vehicle access to neighborhoods and Madden withdrew that part of his motion.

Councilman Andrew Murphy seconded the motion adding that the area zoned R1 stay zoned R1.

“I would like to see that stay only for single-family homes for continuity,” he said.

After hearing the amended motion, the Council voted 3-1 to deny Whitworth’s rezoning request with councilman Michael Schulman recusing himself because he lives in the Stonebrook subdivision.

A second reading of the rezoning request will not take place in the February City Council meeting because the Council denied the rezoning request.