APP - LETTER OF INTENT

 PROPERTY VALUE: The Application states that the current  zoning of their property as Agricutlural-Residential (AR)  prevents 'any' development on the subject property, and therefore provides no economic use under this classification.  First of all, no one has a right to sell their property nor development it.  There are numerous citizens who own property within the designated mega-site area who would like to sell their property for a substantial gain.  Being able to accommodate a large development does not mean one is entitled to a large development.  The AR zoning designation that applies to the Subject Property is the same designation the applies to countless other properties in this section of the County.  The Subject Property is no more entitled to intense development than thhose other properties are.  Certainly the Subject Property would be more valuable if rezoned for a landfill.  But the issue is whether it has reasonable economic use as currently zoned.  (Read Section 29.3.1.B)

SUITABILITY: The Application contends the site is 'well-suited' for the proposed landfill development and goes on to cliam the Subject Property is included in the State's Guarenteed Ready for Accelerated Developement (GRAD) program.  However, the Subject Property in fact is not on the State's GRAD program list.  Review of the GRAD program website and discussions with the GRAD personnel confirm there are not sites in  Morgan County on the GRAD program list.  Importantely, criteria have been adopted for the GRAD site program, and the Subject Property does not meet those criteria.  Specifically, the criteria state that 'an industrial zoning designation is an absolute requirement for GRAD application'.  We know what the meaning of 'is' is , and the current AR zoning is not industrial.   Furthermore, GRAD personnel confirm that the GRAD program has not been used for landfills but rather is designed to attract traditonal industry that brings jobs to Georgia.  This proposed landfill simply does not qualify as a GRAD program site.  For the Application to claim the Subject Property is on the GRAD list, therefore, raises substantial questions about the credibility of other assertions in the Application.

In addition, we note wtih great curiousity that the Application somehow concluded that the Subject Property's desingation of 'Limited Suitability' for a landfill under the Northeast Georgia Regional Solid Waste Management Plan supports the Application.  One would think that a landfill of the magnitutde proposed here should be sited on land designated 'Potentially Most Suitable'.  As outlined in the County's Solid Waste Management Plan (page 9-17) only 24% of the county is 'Potentially Most Suitable'.  Basically, simply having 500+ acres, access to water/sewer, a rail line, and frontage on a road that even the Application acknowledges must be improved is a far cry from a conclusion that the site is 'well-suited' for a landfill.   (Read Section 29.3.1.C)

VACANCY AND MARKETING: The Application faults marketing failures to the State of Gerogia and the Madison-Morgan County Chamber of Commerce.  The Applicant's must  be responsible in providing proof that they have marketed their property with these entities and that they have not be unrealistic in their market value.  We have already established that the State of Georgia has not marketed the Subject Property because it did not qualify for the GRAD program.  Therefore, one would have to question if the Madison-Morgan County Chamber of Commerce has advertised the property.  We do know that there has been local citizens interested in purchasing the Subject Property and addtional adjacent property from the Applicant over the years.  However, the asking price for the property was grossly over market value. 

The Application goes on to state that the Subject Property has been marketed for development by various entities to no avail.  It defies logic to suggest that because Ford opted not to build a manufacturing plant on this stie that any other use is now fair game.  An automobile plant is a unique development.  Indeed there is only one other active plant in Georgia, the Kia facility near Columbus.  The Subject Property would have accommodated such a plant.  But simply because that use did not come to fruition does not mean the owners of the Subject Property are now entitled to an economic return founded upon that 2003 experience. (Read Section 29.3.1.D)

EVIDENCE OF NEED:  The Application states that the amount of undeveloped land in the general area has the same Agricultural-Residential (AR) zoning classification and therefore there must be a problem with the classification.   The current AR zoning is presumptively constitional and such presumption may only be overcome by clear and convincing evidence of a significant detriment to the landowner and insubstantial relationship to pubic health, safety,  morality, or general welfare.  We do not believe such a showing can be made for this property or for the countless other properties in this area that presumably would be similarly entitled to rezoning.

In addition, the Application states that "existing residences on nearby properties with AR zoning predominately tend to be older developments."  It is beyond curious to attempt to comprehend why "older" homes are somehow less deserving of protection, particularly here in Morgan County.  The Application also apparently would have you ignore the approximately 125 new homes in the Madison Lakes subdivision and on Pierce Dair Road, Aqua Road, and Indian Creek Road within a one to two mile radius.  Morgan county's reputation for valuing and protecting both older and newer homes cannot be understated or forgotten.  (Read Section 29.3.1.E) 

PUBLIC FACILITIES IMPACTS:  The Application states tht the proposed waste managment facility will not result in a use, which would (or could) cause an excessive burdensome use of public infrastructure.  This statement could only be made by someone who is not familiar with County's Comprehensive Plan and the true intent of the Mega-Site plan.  Ironically, their own experts state that under current zoning and developments  the  local roads surrounding the proposed property will be seriously impacts via traffic. In fact, the Traffic Study accurately depicts how the current intersections at Pierce Dairy Road and Hwy 441 will fail under heavy industrial traffic brought on by the landfill.  A detailed develope should show how the develop impacts current nearby developments as well as project any future land use impacts.  However, the Application simply states that the Applicant will fund 'certian' improvements to Indian Creek Road, yet there is not discussion on if they will fund the necessary improves for Aqua Road, Hwy 83, and Pierce Dairy Road.  Yet all of these roads are outlined in the traffic study because they will be affected. (Read Section 29.3.1.F) 

 CONSISTENCY WITH COMPREHENSIVE PLAN: The Application claims the County needs this landfill for the County's own solid waste disposal needs and therefore is consistent with the policy set forth in the Morgan County Comprehensive Plan.  Certainly having access to a nearby  landfill tha can handle the County's waste stream economically is a desirable goal.  But to meet that goal by placing a decades-long blight on a large section of the County places short-term economics above the long-term interests of the County.  Furthermore, the Applicants acknowledge that this landfill would handle not only the County's waste needs but also the solid waste generated by other counties and indeed other states.  The Application references the Norfold Southern rail line as a possible means of waste removal.  Ther more realistic expectation is that this rail line would bring solid waste to the site, not take it from the site.  Indeed, there would be no reason for a landfill to have a 250ft height, requiring a variance from the County 60ft height limit, unless a regional landfill were planned.  Frankly, it is shocking that a Morgan County with it's history and culture would even contemplate transforming its reputation from one of rich cultural and historical attractions to that of a solidw waste destination.  Surely, the County can plan for and handle its solid waste needs as many other local governments are doing without becoming home to a large regional landfill.
(Read Section 29.3.1.G)

OTHER CONDITIONS: The Application states that there are existing conditions affecting the development of the Subject Property that support approval of this application.  The Application next asserts the site's environmental features are suitable for a landfill.  Again the Application claims that the previous proposed Ford plant and alleged GRAD site designation suggest the site is now suitable for a landfill.  This claim ignores the fundamental differences between the environmental operational characteristics of an automobile factory and a landfill.  
(Read Section 29.3.1.H)
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AREA SUITABLE: The Application states that the Subject Property's geography and environmental features, as well as surrounding development patersn and public infrastructure make this a suitable location for a waste management facility.  Yet, the Applicant's own expert's conclusion that the site is suitable environmentally is inherently suspect.  It must be noted that this site is at the confluence of Four Mile Branch and Indian Creek, which is a drinking water source for the neighbors to the south in the City of Eatonton.  Again, owning a 500 acre track with rail access does not promote a property to be suitable for a regional landfill.  In addition, Atlantic Coast Consulting provided a less than professional evaluation of the subject property by including incorrect, subjective, and decade-old maps in their attempt to convience Planning & Development that the subject property meets the State of Georgia's siting criteria.   (Read Section 15.14.12.A)

BUFFER REQUIREMENTS: Finally, for the Application to assert that it will 'substantially comply' wit the County's 500ft buffer requirements while in the same sentence admit variances are needed is simply incredulous.  First, either the buffer is met or it is not. Second, the 500ft buffer was based upon a 60ft height.  Here we know that a height of 250ft is sought.  Increasing the height by a factor of four should result in a commensurate fourfold increase in the buffer to 2,000ft.  The very purpose of the 500ft vegetated buffer is to screen the operations of a 60ft high landfill from view.  Obviously such a buffer will not screen a 250ft high landfill. (Read Section 15.14.12.B)

NEGATIVE IMPACTS ON THE ADJACENT PROPERTIES:  As we can see this question was ignored and obmitted from the Application.  One of the major concerns of property owners with the establishment of a landfill in their area is teh decrease in their property values.  Establishing a landfill with inadequate buffer lands between the waste deposition area and adjacent properties leads to decreased property values.  This is a consequence of landfill owners/operator's failing to adequately control landfill releases to the air (odors, explosive gases, hazardous volatile chemicals, etc.) and groundwater (pollution), and landfill associated activities such as truck traffic, noise, lights etc.  While some landfill owners will claim that establishing a proposed landfill will not affect nearby property values, this is not in accord with the results of the studies conducted by Hirshfeld et al (1992).  They reported, based on studies at various locations, which decreased property values have been found as far as three miles from the landfill.  Individuals who own land immediately adjacent to a proposed landfill, as well as most others who own property within several miles of a landfill, can be expected to have their property values significantly decreased by the development of the landfill.  This is of particular economic significance to some property owners, since their property could be developed with substantial residential and commercial activities if it were not for the presence of a landfill. (Read Section 15.14.12.C)

INGRESS AND EGRESS:  The overall 'contradiction' of the Applicant's own evaluation  throughout the Application cannot be ignored.  The Application states that based on the traffic study, all intersections in the area will continue to operate at very good levels of service while acknowledging that the current ingress and egress routes will need to be updated to accommodate heavy truck traffic. The most interesting aspect of the traffic study is how Hwy 83, Indian Creek, Road  Aqua Road, and Pierce Dairy Road will be immediately affected.  It goes on to acknowledge that traffic on Pierce Dairy Road gaining access to Hwy 441 will fail if pre-existing industrial zoned property is development.  This poses a significant problem for the future development of the Pattillo industrial property (3.1 million sqft industrial park already zoned) on the northern end of Pierce Dairy Road.  (Read Section 15.14.12.D)

CONSISTENCY WITH THE COMPREHENSIVE PLAN:   The Application tries to convey that the development of a new waste facility is consistent with the Northeast Georgia Solid Waste Management Plan.  We have already established that our own Waste Management Plan identifies the hauling of waste from the County to the Oak Grove landfill which has just obtained expansion approval.  In addition, Elbert County has just gained authorization for a trash incinerator that complies with the intent of the General Assembly that every effort be undertaken to reduce on a state-wide per capita basis the amount of munipical solid waste being received at disposal facilities.  The Application goes on to say "The development of the Facility will add missing elements to the County's existing solid waste management infrastructure.  It will add in-County disposal and composting options."   This is of the correct opinion if one wants to change the histroy and culture of Morgan County to one of literally and figuratively trash.  Instead, the Applicant should heed to the environmental issues associated with the proposed property and acknowledge the impacts of developing a landfill. (Read Section 15.14.12.E)