Lessons in Tyrone: get developer’s promise in writing, hold him to it

Tue, 02/07/2006 - 5:24pm
By: Letters to the ...

I want to share with your readers a valuable lesson that my neighbors and I have learned here in Tyrone.

We live in the old Windsong subdivision off of Castlewood Road. Some time ago, Joel Cowan’s son, Joel Jr., began plans to develop some property located behind our subdivision. Unfortunately for him, this property was landlocked.

The plans he presented to the Tyrone Planning Commission and Town Council included feeding his new subdivision, Lake Windsong, using our street, Ashland Trail, as well as through the Magnolia Farms subdivision. Many of us were alarmed at the potential for vastly increased traffic on our streets, so we banded together and opposed this plan. Long story short, we were able to work with the town of Tyrone and Mr. Cowan to come to an agreement.

This agreement involved many changes. Dogwood Trail would be paved, providing another access point to the Lake Windsong subdivision. Still, however, residents living in the original Windsong and Magnolia Farms subdivisions would have to deal with increased traffic on their streets, which would be also feed Mr. Cowan’s development. To make this agreeable to the Windsong residents, Mr. Cowan agreed to several things:

1. The original Windsong subdivision would be absorbed and included in the new “Lake Windsong” subdivision.

2. The entrance to the original Windsong subdivision would be re-worked and made more attractive.

3. The residents of Windsong would be connected to the new Lake Windsong high-speed Internet/intranet.

4. The residents of Windsong would be given a one-time offer for the Lake Windsong amenities package (tennis courts, clubhouse, pool), which would be per address, and thus transferable, should our home be sold, thus providing a boost to our resale values.

These changes to the original plan were agreeable to all, and a fair settlement was reached. As the Lake Windsong development began, we were subject to construction trucks using our street (contrary to the town’s wishes), as well as our quiet neighborhood undergoing a huge transformation. We patiently waited for the promises to be fulfilled.

Eventually, our Windsong subdivision entrance was reworked, but the workmanship left something to be desired. The curbing around the sign post “island” was broken up and never replaced. The plantings didn’t come close to looking like the Dogwood Trail entrance to Lake Windsong. Many, many months later, the curbing has yet to be fixed.

As the Lake Windsong development gained steam, they finally finished the clubhouse, tennis courts and swimming pool. We Windsong residents anxiously awaited the offer to join these amenities and enjoy them. While they were fully operational during the latter part of summer, no offer came.

Many residents called the Lake Windsong Sales Center, but the agents there either didn’t return calls or know anything about the agreement. Meanwhile, my wife met many of the new residents of Lake Windsong. None of them knew that the original Windsong residents would also have access to “their” amenities. Some had to hide their shock. Personally, I cannot blame them.

Apparently, the folks at Lake Windsong have not been very forthright in giving them all of the information.

Meanwhile, I contacted the property management company responsible for the amenities. I was told that she didn’t really know what the status of the promises was. She essentially claimed ignorance.

We contacted Barry Amos, the Tyrone town manager, who substantiated the promises made, but could not come up with an answer to our problem. After the new year, I contacted the property manager again. I was told the issue is “tied up in legal” and she had nothing further to tell us. Apparently, the “stall tactic” is alive and well.

Meanwhile, traffic on Ashland Trail has become unbearable. We have had to take the issue to the town of Tyrone and ask for help. Ashland Trail has become a cut-through for folks coming from Coweta County to Peachtree City, Fayetteville and beyond, avoiding the Ga. Highway 34 traffic congestion. This cut-through was made as a direct result of the Lake Windsong development.

Barry Amos and the Tyrone Town Council have been very helpful in trying to find a solution to this traffic mess. Soon we will have “No Through Traffic” signs posted on Ashland Trail. While I appreciate the effort, I’m doubtful that this alone will solve our traffic problems.

Meanwhile, we are still left with no high-speed Internet connection to Lake Windsong’s system, busted up curbing at our entrance, and NO amenities. We tried to have a neighborhood meeting about this in the Lake Windsong clubhouse but were denied access ... yep, “sorry, you’re not members”. Ouch.

This story about good-faith negotiations and open-minded willingness to work with developers has left a bad taste in our mouths. So far we’ve seen broken promises and frustration.

I know many developers and know them to be great folks. This developer, however, seems intent on making whatever promises need to be made in order to get the project approved. Fulfilling those promises, however, is a different story. To borrow a line from a Seinfeld episode, “You know how to make promises. You just don’t know how to keep them.”

Perhaps they want to sell out Lake Windsong, hoping none of the buyers are aware of their “promises” to the Windsong residents, leading them to believe some unspoken assumptions. Regardless, the treatment given to me and my neighbors is simply wrong.

My hope is that Joel Cowan, his son, or whoever the rumored “new owners” of Lake Windsong are will step forward and make good on the promises made.

The lesson to your readers? Negotiate in good faith, get it in writing, and hope your developers do a better job than ours did in fulfilling their end of the bargain.

Dave Buck
Tyrone, Ga.

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Submitted by did not know on Wed, 02/08/2006 - 6:06am.

You are not as bad off as you think. The minutes of the Town Hall meeings are suppose to be kept for years! Also, Barry Amos should have kept a written record of these dealings he was doing between you and the developer for the city , he wasn't doing it out of the goodness of his heart. If he didn't, or says they can't find them or the minutes from Town Hall, get a petiton going to demand his firing.
As a city employee, he is paid with your tax dollars, you are his boss. Tyrone always sides with the developers at the taxpayers expense. Developers have gotten rich off ths area and given nothing but headaches back. No green space, nothing. What I have noticed is that the good builders/developers ..NEVER... have to come to Town Hall asking for these hairbrain variances. THEY KNOW WHAT THEY ARE DOING IN THE FIRST PLACE. McKinney Homes, known as one of the finest builders in the South, has built homes here. I have never seen them asking for this or that. It is the same ones over and over, that can't build anywere else. They break their promises to the Citizens with the planning committe's blessings. Case in point, it was brought up at a meeting that Millbrook residences had been smelling their own raw sewage for over a month. A resident of another subdivsion a mile away could smell it and brought it up. The Millbrook people had complained to the developers people and they said to the town manager. Nothing had been done. The same developer was there that night asking for yet 'another variance' and got it!

Submitted by Luella on Wed, 02/08/2006 - 6:54pm.

THERE IS NO SUCH THING AS A "GOOD DEVELOPER" and Tyrone is infested with them now. And Barry Amos loves each and every one of them!!! He is at their beckoned call and always is sure to turn a blind eye to any violations they may have. I'm all for the petition to get him gone. I think each Homeowner's Association should have a petition at their next meeting. I wonder if this is something the Tyrone Alliance Group would consider doing.

Submitted by McDonoughDawg on Tue, 02/07/2006 - 9:21pm.

Folks need to treat people like would like to be treated. Using someone's neighborhood as a Cut-Through is just plain lazy.

Your letter explains a lot about questions I had regarding this development. It seems to me, if these things were on record at a City Meeting, the City would come to your aid. I wouldn't let up on City Hall just yet.

mudcat's picture
Submitted by mudcat on Tue, 02/07/2006 - 7:45pm.

Well, thanks for your contribution, but realize that Jimmy Carter has a son as well and faith, integrity and promises are not something that are automatically inherited.

You got what you wished for, by not being more active in stating what you wished for. Or in other words, go to the meetings and speak up!
meow


Daveinater's picture
Submitted by Daveinater on Sat, 02/11/2006 - 2:41pm.

Well, with all due respect....
The whole point of my letter is that we did, in fact, become VERY involved in the process! If we hadn't, the developer would have gotten what he asked for; that is, he could have built the subdivision and fed it using our street (alone) with nothing owed those of us who would suffer the consequences of the increased traffic. We were involved, VERY vocal and fought for our rights. We have asked for copies of the minutes to back up our claims, but they are slow coming. Who would have thought at the time that we should "get it in writing" beyond the Town's involvement in brokering the deal? In retrospect, I guess we should have. To be fair, Barry Amos has made attempts to get this resolved. Come to find out that Lake Windsong has been sold to KENNY JOHNSON HOMES....and that Kenny Johnson (or his representative) has promised to follow through on Joel Cowan Jr.'s commitments, but quite honestly we'll believe it when we see it. Until then, we will continue to do as I stated we've done from the beginning and STAY INVOLVED. Your point is well taken but not really applicable to our situation. If we hadn't spoken up and fought for our rights, we wouldn't have anything to fight for right now! (Wish us luck.)


Submitted by southernboy on Tue, 02/07/2006 - 5:57pm.

I surely do sympathize with the residents on Ashland Trail. When this new subdivision was going in I heard about how nice the developer was going to be in including all of you in his amenities.The one mistake you made was in allowing the town of Tyrone to be your representative in charge of the negotiations. Doesn't it make sense that they (not you as one of many homeowners) would be the ones to get this in writing for your subdivision. Developers love Tyrone! Why? Because the city representatives are so dumb developers can do what they want to do and get away with it. Hopefully your letter will shame the Cowan family into upholding their good name and coming through with promises made, but as soon as you mention the words developer and Tyrone in the same sentence you know there's some kind of trouble. I do feel for ya though, you got a raw deal, courtesy of the town management in Tyrone.

H. Hamster's picture
Submitted by H. Hamster on Wed, 02/08/2006 - 7:00pm.

Yes Tyrone management is slightly dumb and really unprofessional and Barry Amos is at the head of that list. Residents, get a lawyer - Eric Maxwell would be best, but if he is too busy tilting at the Dunn windmill, then get Doug Warner or Mark Oldenberg. They will get Cowan Jr.'s attention - moral issues will not.


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