Huntington Falls HOA

Current Developments in ReZoning Case of Adjoining Property

Thanks to R. Michael Hayter for this summary

Date: 05.28.02
Meeting: Gwinnett County Board of Commissioners
[VII] Public Hearing Rezonings Item [ L. ]Docket number: [ RZM-02-021 ] Portrait Homes Construction Co., Inc., Condominiums(Reduction in buffers), R-100 to RM-8, LL107, 5th District, 2600 Block of Sugarloaf Pkwy., District 4/Kenerly. Status: Public meeting convened at 1900-hrs, docket was “Tabled” by Commissioners until next hearing, June 25th-Tuesday @ 1900-hours.

Issues & Notes:

Upon the declaration that this rezoning hearing (docket: RZM-02-021) was “Tabled,” a brief meeting was conducted by the President of the Huntington Falls Home Owners Association (HFHOA) outside the Hearing Room. Other members of the board were present as well as other key families from the community. Portrait Homes Construction Co., Inc. (henceforth known as the “developer”) presented a proposal to the HFHOA (henceforth known as; the “Association”)that at least 15 selected members of said organization represent the community in a meeting at the developer’s office in Lawrenceville (located behind Ryan’s Steak House). During this planned meeting, the developer intends to review his plans (including and not limited to; architectural design, property layout, etc.) and provide opportunity for detailed discussions regarding the concerns of the association and welcomes interrogative dialog to explore the potential for an official agreement between the developer and the association. This is further designed to bring forth and resolve any issues the association currently has knowledge of, discovers or could conceive regarding the impact on its individual community. Some of these issues include but are not limited to: unit architectural design, landscaping, property maintenance, number of units to be built on property, access to property, traffic in and out of the community, safety, and the equipage /construction of a recreational area for the community. The association’s President agreed to this meeting at the approval and encouragement of other association board members and key representative families of the community. This meeting is tentatively scheduled for June 19th-Monday at 1900-hours in the developer’s office as agreed upon. The Association’s President (henceforth the “President”)will be responsible for ensuring proper representation at this meeting not to exceed the agreed number of participants. Selection criteria for these participating members will be defined by the President and agreed upon by the Board. The President has called for a preliminary meeting tentatively scheduled for June 11th-Tuesday @ 1900-hours. Location of meeting TBD and confirmed by the Board. Notification will be in the usual method with a follow-up call to each selected representative.

Developer changes noted:

The President of the HFHOA and the Board identified the change in the original plans to eliminate a recreational area (e.g. pool and community center facility) for the planned community. There was also the reduction of buffer zones between the Huntington Falls and planned community.
Other discoveries: It has been noted that the current property owner (??) of property in question has two proposals on the table. Proposal-1 would encompass the plans of Portrait Homes Construction, Inc., in the development and construction of condominium homes. Proposal-2 is potentially less desirable as it is identified as a potential property development for a distribution/warehousing type of business.
Considerations: The following list are points that should be considered for discussion: · Condominiums are purchase properties and should not be designated as rental properties · Architectural design considerations (e.g. floor plans, appearance, construction materials, etc.) · Number of units to be constructed· Property preparation methodology, drainage impacts · Environmental impacts to natural habitat of animals living along creek within flood plane· Utility access· A Home Owners Association or like organization with covenants should be part of the charter of the condominium development/community · Add the pool and community recreation center back into the development/construction plans· Ensure that the builder meets county ordinances as it relates to access to community (e.g. safety issues- fire and rescue, law enforcement, etc.)· Plan includes assurances that property will be well maintained (e.g. lawns manicured, housing units kept in good repair inside and out) which eliminates devaluation of property· What “type” of buffer zone does the plan really provide between the two communities· Future plans for enhancing the quality of life of owners within the community· Values of ownership continuity (e.g. future plans that will maintain or enhance the value of the properties) · Is it or could it be a gated community?· What is the average cost of each unit corresponding to the choice of floor plans?
Projected Outcome: Preliminary response by the key community representatives and members of the Association’s Board of Directors indicate a consensus of agreement to pursue more detailed discovery of developer’s proposal. The preliminary meeting scheduled for June 4th will further define what the community should consider and establish a baseline of expectations as agreed upon by the Association. In light of the recent discoveries aforementioned, the “lesser of the two evils” is the proposal by Portrait Homes Construction Co., Inc. The projected outcome will depend upon the willingness of the developer and the HFHOA to agree to changes that will be recommended in a follow-up meeting to the first developer’s meeting. This meeting will need to happen prior to the next convening of the Commissioners scheduled for the 25th of June.
HFHOA requirements: Once an agreement is acknowledged by both parties it is critical that the HFHOA and the developer into an official legal agreement to ensure accountability by both parties. The HFHOA will obtain “new” legal representation (other than who represented the HFHOA in previous agreements) for this purpose. This agreement shall acknowledge the support of said developer in his efforts to execute his construction plans as agreed upon by both parties. Furthermore, it is recognized that the utmost of expediency is required to execute this agreement, and both parties will be responsible for its execution prior to the Commissioner’s convening on the 25th of June. Full disclosure will be presented “formally” to each Association member of the community in a membership meeting with detailed documentation.
Portrait Homes Construction requirements: (henceforth “Portrait Homes” will be responsible for formalizing this agreement in terms so agreed upon by both parties and represented by legal counsel which cannot change unless so noted in formal legal documentation. Any subsequent or planned changes due to any reason known as (but not limited to) financial, construction limitations and or restrictions, municipal or county ordinances, vandalism, or the effects of unforeseen acts of God, etc. should be identified in writing to the Association in advance of those changes.
Recommendations: It is my suggestion that we need to improve communications to the Association (HFHOA) concerning this issue and future matters. A particular member of the Association’s Board presented me with a plan that effectively will provide a better method of communicating to the community. I concur that the community would be better served if we delegated responsibility to “active” members ensuring the proper dissemination of communications within the Huntington Falls family. The newsletters are a good method of communicating, however we need to turn it up a notch to disseminate information that relates to critical issues. It will take an act of dedication upon each member that is chosen to participate, which would alleviate some of the burden on the Board to communicate critical issues and others affecting the community (e.g. security issues, etc.). We will need to consider any legal implications as it relates to the dissemination of information that is or would be considered as private or confidential. For these issues discussed here regarding rezoning—I find no potential breech of confidentiality unless so identified within the forthcoming agreement between the developer and the Association. Methodology: The community is made up of “X” number of homes which can be divided up into sub-community groups as it relates to their geographic location within the community. All we need is one responsible individual and an alternate person within each of these groups to facilitate a good communications network. I will work with any member of the Board to assist in the development and execution of a plan. As with any community, you have those who are very private and we should be considerate of their right to privacy, however—I believe that when issues arise that affect the community at large it respectively affects each individual property owner and their families. We live in the information age and I believe that each member of our community really does want to know what is going on around them—so, I would submit that whatever plan we develop, how we articulate it to each family unit will determine its success. I further recommend that the Board consider this at the next meeting and I am willing to present this to the community should the Board approve. Its not rocket science, it’s simply putting a plan together on paper, canvassing potential participants, selecting the responsible parties, and executing the plan.