Upset about development

Published 11:22 pm Friday, July 10, 2009

The location of the promised siren-activated emergency access gate at the back side of the Mar-Mel-Go Apartment complex on Pinewood Drive.

Bill Herndon and his neighbors are unhappy about a development being built in their backyards.

Marvin Peavy, owner of Peavy Properties, has already rented some of the Mar-Mel-Go apartments, and about 70 of the projected 150 apartments have been completed. The other 80 units are scheduled to be added soon.

The two-story apartment buildings rise uncomfortably close to the homes of Pinebrook Drive residents, such as Herndon. Windows of the complex look directly into their backyards and homes.

Pinebrook Drive in Lake Park is described by residents as a quiet area for folks living their dream of retirement on incomes they spent most of their working lives to build.

Herndon and his wife have lived there for 18 years. He said that originally, the property being developed was zoned residential, but at some point the zoning changed, and he and his neighbors knew nothing about it until contractors came in and started clearing to build.

Pinebrook Drive residents are unhappy for several reasons. The road most Mar-Mel-Go residents use — Pinewood Drive — connects with Pinebrook Drive, where Herndon and his neighbors live. Traffic has increased considerably, he said. There are no sidewalks, posing an additional risk for residents out walking their dogs, etc. Then there’s the trash that always comes with more traffic, which Herndon said he and his neighbors must pick up.

Herndon said Peavy told residents he was putting in a siren-controlled gate on Pinewood Drive for use by emergency vehicles only, but so far nothing has been done. Douglas Fuhrer lives on the corner of Pinewood Drive and Pinebrook Drive. He said he too was told a gate would be put in, but so far it hasn’t materialized. Neither has the privacy fence a Peavy Properties site manager told him would be installed to protect his privacy.

Fuhrer was also told contractors would leave most of the trees as a buffer between his home and the apartments, but he said 90 percent of the trees were cut down. Fuhrer is concerned that if the apartments catch on fire, there is so little distance between them, his house could catch on fire as a result.

Robert Eddington also lives on Pinebrook Drive. He is a builder and said everyone has a right to develop their property. What he’s disturbed about, among other issues, is that the plans they were shown are not being followed. Eddington was told most of the trees would be spared to protect their privacy, but when he came home several days later, they were all gone except a few.

Eddington’s fence was damaged during Mar-Mel-Go construction. When contractors finally fixed it 17 months later, he said his wife asked about the gate that was supposed to be installed. The site manager told his wife that it wouldn’t be installed until the rest of the apartments were completed. Eddington said they were originally told these would be “luxury condos,” but are very different from the way they were described.

Eddington and his neighbors successfully fought a similar development on nearby Water Oak Drive four years ago. They had no such opportunity this time, he said. No notices of any hearing were posted. Neither Herndon nor Fuhrer saw any notices posted announcing zoning or development hearings by the Lowndes County Board of Commissioners.

Herndon and his neighbors pooled their money several years ago and spent $4,400 to pave Pinewood Drive, so they feel they have a stake in how the road is used. He approached the Lowndes County Commission about the residents’ concerns and was eventually connected with County Engineer Mike Fletcher.

Fletcher said a $30,000 siren-controlled gate would be installed on Pinewood Drive for emergency vehicle access only, eliminating unwanted traffic through their neighborhood. The property owner is responsible for installing the gate, said Kevin Beals, Lowndes County development reviewer.

The original buffer between the apartments and the homes on Pinebrook Drive was supposed to be 30-feet wide according to the plans, but at some point, Herndon said the county zoning and planning department reduced it by half. There is now very little separating the apartments from the homes on Pinebrook Drive; no berm, few trees, and no other natural barrier. That problem will get worse when the other 80 units are built, he said.

The property was originally zoned residential cluster. With the adoption of the county’s Unified Land Development Code, it became R-10 (residential only), Beals said. The property owner requested that it be changed back to residential P-D (Planned Development) which allows for the development of apartments. The Board of Commissioners approved the request with conditions. Beals said the buffer was reduced at the request of the owner to meet “minimum requirements.”

Lowndes County Manager Joe Pritchard said he thinks Pinebrook Drive residents “have some legitimate questions and we ought to be able to provide a reasonable answer.” Pritchard said he plans to meet with County Engineer Mike Fletcher and Zoning Administrator Carmella Braswell on Monday to discuss the development and see what remedies might be available.

When Peavy’s secretary at Peavy Properties was contacted Friday for comment, she said Mr. Peavy was out of town and declined to give a cell phone number where he could be reached. She was informed about the content of the article regarding the Mar-Mel-Go development and given a call back number. She said she would try and contact him to see if he wanted to respond, but no call was received by press time Friday.

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