Fayette County officials don't
like the silence surrounding an annexation request in the town of Tyrone.
"It would have never occurred
to anyone that the town of Tyrone would go forward with an annexation
without knowing how the property was going to be used," said County
Commission Chairman Greg Dunn.
Town Council is scheduled to
act on the annexation request tomorrow during its regular meeting, 7:30
p.m. at Town Hall.
County officials had thought
that an agreement between the county and its cities, providing for settling
of disputes over annexation, required that the development plans be revealed
as part of that process. But in a Sept. 7 letter, Tyrone Mayor Pro Tempore
Lisa Richardson said that's not the case. The town must provide the information
only if the town has the information, she wrote.
"... neither state law
nor the annexation agreement itself requires the town to identify the
development plans for the area proposed to be annexed unless such plans
are disclosed to the town," she wrote.
Apparently, that's correct,
Dunn told fellow commissioners last week. "I don't know how to deal
with that," he said. "It's a technicality but in this case the
agreement will uphold their decision to proceed."
R. L. Jennings is asking the
town to annex 32.4 acres next to John Wieland Homes' Southampton subdivision,
currently under construction. Dunn told The Citizen he thinks it likely
that the owner plans to sell the land to Wieland to add to the subdivision,
something the county would have formally objected to, since it would increase
density of development on the land more than five-fold.
"That would be speculation
on their part," said Town Manager Barry Amos. If the mayor and council
decide to annex it, the land will come into the city with an AR zoning
designation, which requires a minimum of three acres per home.
The annexation agreement provides
20 days for the county to object to proposed annexations, and provides
a procedure for joint meetings to negotiate those points. But when county
commissioners discussed the proposal Aug. 24, they said without any information
on development plans, they couldn't decide whether to formally object.
Dunn wrote to Tyrone asking
for more information, resulting in Richardson's Sept. 7 reply.
Amos said this week that there
is plenty of precedent for acting on annexations without development plans
in hand. If the owner wants anything more dense than the AR zoning allows,
he would have to go through the rezoning process, he added.
"It's not a requirement
of state law nor is it a town requirement" that development plans
be attached to annexations requests, he said.
Since the county failed to
object in the proper form, the deadline for those objections has expired,
Richardson said. "As that date has now passed ... the town of Tyrone
will proceed with the annexation process in this matter," she wrote.
Dunn said he was pleased with
how the cities of Fayetteville and Peachtree City handled similar annexation
requests recently, both going out of their way to provide information
to the county.
"The other two cities
didn't play these games with us," he said.
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