STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Regular Meeting at 6:30 p.m. on Tuesday, December 21, 2004, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted on the bulletin board in the entrance foyer of the County Administration Building.  The Daily Herald was notified of this meeting.  Those present were:

 

            Leland Maddox, Chairman, presiding

            Lee Holman, Vice-Chairman, District V Commissioner

            Warren E. Holder, District I Commissioner

            Gary M. Freedman, District II Commissioner

            Jason T. Harper, District III Commissioner

            Gerry Adams, District IV Commissioner

 

Also attending were Rob Magnaghi, County Manager; Patrick Jaugstetter, County Attorney; Susan B. Craig, County Clerk; Peggy L. Malcolm, Deputy County Clerk; Michael F. Turner, Public Safety Division Director; Danny Taylor, Economic Development Division Director; Michael Harris, Public Works Division Director; and others. 

 

Chairman Maddox called the meeting to order, and Commissioner Holman announced Commissioner Harper would like to have the floor.  Commissioner Harper said tonight will be the last meeting for the current Board of Commissioners, and he made the following statement:

 

“I want to take this time to thank my friend, Leland Maddox, the Chairman of the Board of Commissioners for four (4) years.  I joined the Board the same time he did, and we have grown together in the job.  I have worked hand and hand with him for the past four (4) years, and it has been a privilege and a pleasure to do so.  It is fitting tonight that the room is full; they might not all have shown up to see Leland Maddox off, but you have been here and you have time and time again heard him say, ‘even though you might be here to criticize the Board or fight with your neighbor regarding a zoning, at least you are here to participate.’  Leland cannot be here on the night of the swearing in of the new Board Members, due to a preordained commitment, and we have forgiven him for not being here, but based on that, I would like for the audience to join me in thanking Leland Maddox for his service to Henry County.”   (Pictures were made of Chairman Maddox and the Board of Commissioners.)

 

Commissioner Holman said he too is a long-standing friend of Leland Maddox, and said he could stand here and occupy a lot of time giving deserving accolades.  He said Leland is a dear and close friend, and Commissioner Holman made four (4) bullet points that he was going to present to the Chairman.  He asked the audience to recognize that Leland Maddox, Chairman of this Board, is instrumental in putting a Land Use Plan in place and was hopeful that it would be adopted already.  Also, the County is undergoing a Unified Code that was developed with the Chairman’s direction.  The Impact Fees are a direct result of Chairman Maddox’s work, along with the in-house SPLOST Management

 

Commissioner Holman also recognized Commissioner Gary Freedman in appreciation for his dedication and faithful service to the citizens of Henry County as the Commissioner for District II.   He said from January 1, 1997 to December 31, 2004, Commissioner Freedman has been very helpful to him; he is a very knowledgeable Commissioner, and Commissioner Holman thanked him for his service.  (Pictures were made of Commissioner Freedman with the Board of Commissioners.)

 

Chairman Maddox said it has been a pleasure to serve in this position for four (4) years.  He said the one thing the County is going to see in the next few months, that he felt he had as much to do with than anybody else, is the Stormwater Project.  He said four (4) Commission Chairmen met last week in Newton County (from Henry, Rockdale, Newton, and Walton), and they have developed an intergovernmental agreement (the only one in the State of Georgia).  The only other state that has gone into a region Stormwater program is Florida, and that was mandated by the State, not by the counties.  Chairman Maddox said he is proud of that one particular accomplishment; he has spent a lot of time with the other three (3) counties in order to cost the people in Henry County as little as possible with Stormwater (which is mandated by the Federal Government).  He said this is something he is very proud of as time goes on.  Chairman Maddox said the upcoming Board will be one of the better Boards that the citizens of Henry County have ever seen. 

 

Commissioner Freedman thanked the citizens for attending this meeting and giving him the opportunity to serve for eight (8) years.  He said it is a difficult job, and the one thing learned in a job like this is “no good deed goes unpunished.”  Commissioner Freedman said the Board tries to give the citizens good government, and he thanked the public again for allowing him to serve for two (2) terms, “the only one in the history of Henry County who has served two terms in District II.”  He issued a challenge to the new Board to govern but not to micro-manage.  The Board is a governing body, but not the commanding body; he said allow the wonderful staff to do their job, because they do it well and give them the opportunity.  He stated, “be open in your actions, be open in your conduct, be open in your responsibility; that is what open government is all about.  Also, serve, listen, and make fair, good, honest decisions, and you will do right for the citizens and Henry County.” 

 

Chairman Maddox asked for an Acceptance to the Agenda; Commissioner Holman said he was ready to make a motion, but he had a question for the County Attorney regarding Triad Investments (RZ-04-02) who are requesting a rezoning from RA (Residential-Agricultural) to PD (Planned Development) for property located to the south of Jonesboro Road and to the east of Interstate 75 consisting of 229.72 +/- acres.  The County Attorney, Patrick Jaugstetter, stated he had just talked to the applicant who has requested this item be tabled to the next available meeting, preferably the second meeting in January. 

 

Chairman Maddox announced to the audience this item will be heard on January 18, 2005, at the 6:30 p.m. Board of Commissioners’ Meeting.

 

Commissioner Holman moved to accept the Agenda with Triad Investments tabled to the second meeting in January; Commissioner Holder seconded.  The motion carried 5-0-0 with Commissioners Holman, Holder, Freedman, Harper, and Adams voting in favor.

 

 

PUBLIC COMMENTS:

 

There were no Public Comments. 

 

 

PROCLAMATION TO HONOR MRS. SARA LOUISE B. ROBERTSON FOR HER MANY CONTRIBUTIONS TO HER COMMUNITY, CHURCH, AND COUNTY:

 

P R O C L A M A T I O N

 

SARA LOUISE BAKER ROBERTSON

 

“A True Depiction of Community Involvement”

 

            WHEREAS, “Sadie” was born on August 27, 1915, was married to George H. Robertson, Jr., at age 21, and later became the mother of two daughters;

 

            WHEREAS, Sadie and her husband, George, established Robertson Furniture Company, Inc., in 1946, located in Locust Grove, Georgia;

 

            WHEREAS, Sadie is one who used her leadership abilities to enrich the lives of Locust Grove citizens by opening the first “Teen Center” on Main Street, organized the first PTA at Henry County High School, and stressed leadership opportunities for women;

 

            WHEREAS, Sadie was President of the Henry County Historical Society during which time the “Brown House” was donated to the Historical Society;

 

            WHEREAS, Sadie became the first woman to be elected to the Locust Grove City Council, was instrumental in many fundraising and beautification projects, was Citizen of the Year for Locust Grove and Henry County in 1987, and Locust Grove Woman of the Year in 1988;

 

            WHEREAS, Sadie is a Charter Member of Henry Medical Center Auxiliary where she served as its first President and earned more than 7,000 volunteer hours at the hospital;

 

            WHEREAS, in addition to her many other accomplishments, she is Past President of Locust Grove Woman’s Club, member of the first Community Leadership Class in Henry County, helped to organize “JOG” – Just Open Government Committee, Woman of Achievement Award from the Chamber of Commerce and Board of Commissioners, member of the first Advisory Board for Founders Guaranty Bank, provided storage space for stage and costume materials for the “Henry Players,” member of the Board of Directors for Green Valley Golf Course, delivered “Meals on Wheels” to senior citizens,  member of the Locust Grove Optimist Club, member of the Board of Trustees of McDonough Christian Academy;  and Locust Grove Elections Poll Manager for many years;

 

            WHEREAS, Sadie is a member of Locust Grove United Methodist Church, has taught Sunday School for 25 years, has a Sunday School Class named in her honor, served in many positions of the Church leadership and has achieved 35 years of perfect attendance;

 

            WHEREAS, Sadie began the hobby of building model miniature houses after the death of her husband in 1973.  These replicas include detailed models of homes and businesses, for which she has received recognition from newspapers and magazines; and

 

            WHEREAS, when Sadie was no longer physically able to work at Henry Medical Center, she volunteered to tutor students with reading problems at Locust Grove Elementary School.  Her philosophy was “you should never quit a job without a job!”

 

            NOW, THEREFORE, WE, THE HENRY COUNTY BOARD OF COMMISSIONERS do hereby honor Sara Louse B. Robertson for her many contributions to her community, church and county, her pioneering efforts to have women’s voices heard in government and other decision-making bodies, and her tireless efforts to make her community a better place for generations that will follow.

 

 

Commissioner Holder said it gives him great pleasure to honor a person here tonight, Mrs. Sadie Robertson, and to acknowledge some of the accomplishments she has made over a long life.  He said when people think of contributions to a community, most individuals are focused on one area or one thing, but the person honored tonight, has very been very exemplary for a church, a city, and her various civic organizations, such as the Henry Medical Center.  Commissioner Holder said the lady honored tonight, has left quite a set of ‘tracks,’ and she has done it with a set of shoes that will be hard to fill.  He stated Sadie is 89 years old, and he served with her on the City Council in Locust Grove in 1973 where, at that time, she was 58 years old.  She has touched many lives over the years in so many ways.  Commissioner Holder mentioned that Sadie has had a perfect attendance in Sunday School for 35 years.  He also added Sadie was a Republican when Republican was not “cool” in Henry County.  

 

(Commissioner Holder asked Sadie Robertson and her family to come forward.  The Proclamation was read, and pictures were taken of Ms. Robertson and the Board of Commissioners.)

 

 

PRESENTATIONS:

 

Recognizing Mr. Clint Parker for the Work He Completed at Heritage Senior Center as Part of His Boy Scout Eagle Project.

 

Commissioner Harper said Clint Parker is an 8th Grade student at Union Grove Middle School and lives in McDonough, Georgia.  At Union Grove, Clint participates in Track and Field, Band, Student Council and The Partner’s Club (partners for Special Ed students).  Clint also participates in Basketball and Baseball with the Henry County Recreation Department.

 

Clint has been involved with scouting for eight (8) years starting in the 1st Grade as a Cub Scout.  He is currently a member of Boy Scout Troop 65 in Stockbridge, which is sponsored by the Stockbridge Presbyterian Church.  Within Troup 65, Clint has served as Patrol Leader, Assistant Patrol Leader and Chaplain Aide.  Clint recently completed Junior Leader Training provided by the Flint River Council in Griffin, Georgia.  As a result, the members of Troup 65 elected him as Senior Patrol Leader, which allows him to serve as the leader of the Troop.

 

As his Eagle Project, Clint wanted to build a pond complete with benches and a reading area for an organization.  He first approached Ms. Diane Reed of the Heritage Senior Citizen Center to see if the Center could use his idea.  Diane was very excited, as she had been looking for someone to build a pond for the Center.  The Center had received some donations upon the loss of a volunteer, Mr. Fred Cash, but had no one to install the pond.  Clint had found the perfect location for his project; however, he dropped the idea of the reading area since the Center did not have the space.  Clint received discounts on supplies from Home Depot, Lowes, Corbin’s Baled Pine Straw, Publix-Hwy. 81, Saverite-Hwy. 155 and Wilson Brothers.  Clint also received donations from John Parker of Parker Brothers, Tim Braswell of Braswell Landscaping, and Cassie Parker of Bank of America.  The discounts, donations, contributions made in memory of Fred Cash and hard work of a lot of volunteers made Clint’s project a wonderful addition to the Senior Citizen Center.  Clint will hold a dedication ceremony complete with a permanent plaque to Mr. Cash at the Center.

 

Clint has had the goal to make Eagle Scout since he began his scouting career.  Clint has completed all the badges and requirements to fulfill the Eagle Rank except for completing his time requirement for a leadership position.  He will complete this final requirement on December 31st and officially become an Eagle Scout in January of next year.  After he becomes an Eagle Scout, it will be his duty to give back to scouting what he has received.  He will work with other scouts to complete their trail to Eagle. 

 

(A Certificate of Appreciation was presented to Clint Parker by Chairman Maddox, and pictures were made of Clint with the Board of Commissioners.)

 

 

Recognizing Mr. Jeff Maddox for Being Named the “Police Instructor of the Year” for Clayton County Regional Police Academy.

 

Chairman Maddox said the presentation occurred at a graduation exercise at the Clayton County Regional Police Academy on November 18, 2004.  He said the Academy trains police officers with paid staff instructors from other agencies.  Officer Maddox received the General Instruction Certification at the Academy in 2001 and began teaching at the school.  He earned his Senior Instruction Certification in 2003; Officer Maddox teaches a variety of law enforcement topics to mandate recruit classes at the Academy, including Georgia Law, Firearms and Speed Detection.  Officer Maddox also received a Certification of Appreciation on November 19th from the Chief of the Lithonia Police Department for his assistance in training their officers.  Officer Maddox has been an employee of the Henry County Bureau of Police Services for seven (7) years. 

 

(A Certificate of Appreciation was presented to Officer Jeff Maddox by Chairman Maddox, and pictures were made of Officer Maddox with the Board of Commissioners.)

 

 

AGENDA AMENDMENTS / EMERGENCY SPLOST ITEMS:

 

Request Approval of a Budget Amendment to Cover the Cost for Fiber Optic Cable for the Stockbridge Tag Office.

 

WHEREAS, the City of Stockbridge has constructed a tag office to serve the Stockbridge community; and,

 

WHEREAS, funding for FF&E was provided by SPLOST; and

 

WHEREAS, funds were previously transferred from Stockbridge Tag Office to Cochran Library leaving only the amount needed for FF&E; and

 

WHEREAS, a budget amendment of $13,550.00 is needed to cover the cost for the fiber optic connection; and

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners approves the budget amendment for the transfer of $13,550.00 from Cochran Library to Stockbridge Tag Office for the fiber optic connection.

 

 

Mr. Roy Clack, SPLOST Project Manager, said the new tag office is down the street from the current office, and the connection from the new tag office back to this building to provide data communications was overlooked.  He said there was $250,000.00 that was transferred from the tag office account to the Library account, and it is best to pull funds from the Cochran Library to fund this undertaking. 

 

Commissioner Harper made the motion to approve the resolution; Commissioner Holman seconded. 

 

Commissioner Adams asked if this would diminish the Cochran Library.  Mr. Clack answered, “no;” he said there is $177,000.00 in savings from the original construction budget to the bid amount.

 

The motion carried 5-0-0 with Commissioners Harper, Holman, Adams, Holder, and Freedman voting in favor.

 

 

 

 

 

REZONINGS:

 

E. Earl Warrington – RZ-04-30. 

 

WHEREAS, E. Earl Warrington (RZ-04-30) has applied for a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) for a commercial development, for property located at the southwestern corner of Jonesboro Road/Chambers Road intersection (Tax ID# 054-01036000 and 054-01036500), Land Lot 109 of the 6th District, consisting of 6.29 +/- acres; and

 

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

 

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

 

WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended denial of the C-2 request and recommended approval of OI on August 12, 2004; and

 

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the C-2 rezoning request and approves OI (Office/Institutional) with the following conditions:

 

1.      All buildings shall be constructed of brick, stone, stucco, glass or any combination thereof.  

2.      All signage, not attached to a building, shall be monument-based and shall have consistent character and design details that reflect the architectural design of the project. 

3.      An exterior lighting plan shall require all lighting to be of moderate brightness and downcast.

4.      Dumpster(s) shall be gated and enclosed with a three-sided masonry wall being consistent with the façade of the building.

5.      The Development Plan Review Department shall approve the design of all proposed landscape plans prior to the issuance of a building permit.

6.      The buffer between this property and adjacent residential properties should contain the following number of plant materials for each fifty linear feet (50’) or portion thereof:

a.         One (1) Canopy Tree

b.         One (1) Evergreen Tree

c.         One (1) Understory Tree

d.         Five (5) Shrubs

 

7.      Funeral homes and mortuaries shall not be allowed within the OI (Office-Institutional) zoning district.

 

 

Commissioner Freedman made the motion to approve the resolution; Commissioner Holman seconded.

 

Mr. Andy Welch, Attorney representing the applicant, stated the request is for a portion of the property to be rezoned O/I and a portion to be C-2.  The motion before the Board is to rezone the entire tract to O/I, and Mr. Welch said on the night this request was first heard, the request was for the upper portion of the property (all the way across Jonesboro Road) to be zoned C-2.  The rear portion (approximately 3 acres) to be zoned O/I.  It was discussed and debated by the Board at great length to avoid commercial growth down Jonesboro Road.  A proposal was made for O/I to be located on the western side of the property, and after the final motion was considered by the Board, the vote resulted in a 3-3-0 tie vote.    Mr. Welch said they have returned with a plan allowing a forty (40’) foot O/I strip along the western portion of the boundary, and O/I to the rear, so that O/I would be surrounding the C-2 area.  In his opinion, this would work for the applicant and the property owners, and asked the Board to consider this plan for adoption.  Mr. Welch handed out the conditions to the Board Members, and they read as follows:

 

1.      The property is rezoned from RA (Residential Agricultural) to C-2 (General Commercial) and OI (Office Institutional) as depicted in Exhibit “B” attached hereto and incorporated herein by reference.

 

2.      The following conditions of zoning shall apply to the development of the Property:

 

A.     All buildings shall be constructed of brick, stone, stucco, glass or a combination thereof.

B.     All signage not attached to a building shall be monument-based and shall have consistent character and design details that reflect the architectural design of the project.

C.     An exterior lighting plan shall require all lighting be of moderate brightness and downcast.

D.     Dumpster(s) shall be gated and enclosed with a three-sided masonry wall having a façade consistent with the façade of the building.

E.      The Development Plan Review Department shall approve the design of all proposed landscape plans prior to the issuance of a building permit.

F.      The buffer between this property and adjacent residential properties shall contain the following number of plant materials for each fifty (50) linear feet, or portion thereof: (i) one (1) canopy tree, (ii) one (1) evergreen tree, (iii) one (1) understory tree, and (iv) five (5) shrubs.

G.     The subject property shall allow for vehicle interconnectivity.

H.     The following uses shall be excluded from that portion of the property zoned C-2:

 

1.      Funeral homes;

2.      Indoor recreation facilities;

3.      Laundromats;

4.      Package stores;

5.      Taxi offices;

6.      Automobile washes;

7.      Automobile service centers and stations as described under Section 3-7-153(b)(5) of the permitted uses for the C-2 (General Commercial) zoning district;

8.      Bus terminals;

9.      Pawnshops;

10.  Mortuaries; and

11.  Tattoo or piercing parlors.

 

I.        No certificates of occupancy shall be issued for the property until

either a traffic light at the intersection of Chambers and Jonesboro

Roads is installed and functional or a period of eighteen (18) months

from the date of rezoning elapses, whichever occurs first.

 

3.      The following traffic mitigation measures shall apply:

 

A.     A letter of credit shall be provided by the Owner, Earl Warrington, or any

other subsequent Owner of the property for an amount not to exceed thirty

thousand dollars ($30,000) to be applied against traffic signals for and/or road improvements to the intersection of Chambers and Jonesboro Roads provided, however, that the release of said letter of credit shall be conditional upon the completion of said road improvements.  The road improvements referenced herein shall be those depicted in the Jonesboro Road and Chambers Road Intersection Improvement Construction plans prepared by Street Smarts for Henry County SPLOST Management Department for Job Number 359-510 and dated 3/12/04, a copy of which is attached hereto and incorporated herein as Exhibit “C.”

 

B.    Should Earl Warrington, or any other subsequent purchaser, acquire the property, said subsequent land owner shall convey to the County, prior to final plat approval, twenty (20’) feet in depth along the full length of the subject property where it abuts the right-of-way of Jonesboro Road to serve as additional right-of-way for future widening of Jonesboro Road.

 

 

Chairman Maddox asked if there was any opposition to the request; there was response from the audience. 

 

Ms. Judy Barker, who lives at 211 Edna Ruth Lane, McDonough, said the original request was denied on November 16, 2004, and then it was re-advertised incorrectly in The Henry Herald on Saturday, November 20, 2004.  “The ad was incorrect as it stated the day for the public hearing would be Monday, and the date was December 21, 2004 (Tuesday) at 9:00 a.m.  To have this information published in the correct legal amount of time, the ad had to be placed in the Saturday edition of The Henry Herald instead of the regular Friday legal section of the paper.  This legal ad leaves the County open to a constitutional and legal challenge.  What is the hurry of this rezoning?  The line for commercial zoning has already been drawn at Chambers Road.  Rezoning this property to commercial use violates the current and Future Land Use Plan, as well as the Joint Comprehensive Development Plan.  The Henry County Planning and Zoning Commission recommended at their August 12, 2004 meeting this property be denied rezoning from RA to C-2, but the entire tract be zoned O/I.  Please heed their recommendation; O/I would be a much more conducive zoning for this area as a transition to the already established residential subdivisions of Oak Grove and Thorn Berry.  The real issue here is all of the remaining land west of Chambers Road, north and south of Jonesboro Road until reaching Oak Grove and Thorn Berry Subdivisions, is owned by the Chaffin Family; the goal is for all of this property to be rezoned C-2 for the greatest possible monetary value.  We are not against the progress and new growth in the area; we just want appropriate quality growth.  To give a C-2 zoning to this property allows for a domino effect.  We feel it is only fair to know what will be going in at this location; a blanket zoning of C-2 allows for a freestanding restaurant.  This could be anything from a “Taco Bell” to an “Olive Garden.”  Most of these C-2 businesses are better suited at the commercial area already established further east on Jonesboro Road closer to the interstate.  The LCI Ordinance, which the County is using more and more, is being used for Jonesboro Road and Fairview Road, but it should be noted the LCI on Jonesboro Road goes west only as far as Chambers Road, where commercial zoning should stop.” 

 

Commissioner Holder raised the question on the incorrect date in the advertisement. 

 

Mr. Jaugstetter, County Attorney, stated if the Board wants to go forward, it would be acceptable.  “It may subject action to a challenge, but the worst case scenario would be the action overturned; that would be the only impact on the County, in which case the property owner may suffer; the County decision could be reversed and that would be the only impact.”

 

Commissioner Freedman asked the applicant’s Attorney what he would like to do. 

 

Mr. Welch stated they would like to proceed and approve the zoning as requested. 

 

Commissioner Freedman said he contended, and rightfully so, a tie vote is a rejection (by Roberts Rules), which the Board has adopted.  Mr. Jaugstetter agreed a tie vote is a denial.  Commissioner Freedman said the zoning was denied due to the tie vote, and by State law, it cannot be heard for six (6) months.  By County Ordinance, when a zoning is denied, it cannot be heard for one (1) year.  Commissioner Freedman asked Mr. Welch why he was here, because in all reality, the Board cannot hear the zoning within a year based on the Code. 

 

Mr. Welch said it is not a violation of the Ordinance, because the Court has ordered the rehearing be held tonight.  He said there was a Consent Order put in place by both parties to rehear this zoning matter and reach a decision.  Georgia Supreme Court decided this matter saying, “where a Court Order has been put in place for the remand of a zoning hearing, it should go back to the County level for a local government decision.” 

 

Commissioner Freedman asked if the Court has already made a decision for this Board to rehear the request.  Mr. Welch responded, “it has.” 

 

Mr. Jaugstetter said the Court did not hear arguments and make a decision; the County presented the Court with an Order that he and Mr. Welch both signed, which brings this back to the Board.  The Court did not order the Board to hear this today with our consent, and the Court made no finding at all as to whether this zoning was proper or improper. 

 

Commissioner Freedman assured the Board there are people waiting for commercial to go west of Chambers Road, so they can continue commercial down that road which would disrupt a lot of subdivisions.  He restated a good transition would be O/I, because it gives the property owners value for their land.

 

Commissioner Harper said he grew up on Jonesboro Road, and there was nothing there.  Then the spot zoning came, then a gas station was allowed, then the spot zoning came and a strip center was developed next to it, and then across the street a grocery store was constructed.  He said, “are we going to tell these people they cannot develop their property?  The spot zoning has already been allowed; once you allow one, then you have to allow them all.” 

 

Mr. Welch said, for the record, the applicant requested C-2 zoning; the applicant, on his own, asked Ms. Barker and Ms. Steele to meet to review the request.  This was done, where they had some input, and they asked the applicant to exclude certain uses from the C-2 zoning classification.  They asked for O/I and the applicant considered it.  “We went from C-2 for six (6) acres to three (3) acres for C-2, with prohibited uses that were submitted, and with three (3) acres with O/I which also was requested.  We have compromised and compromised, and now we have added a forty (40’) foot strip along the O/I, taking into account exactly what Ms. Barker and Commissioner Freedman has said.”  Mr. Welch said they met with Thorn Berry Subdivision and in that discussion, a question was proposed to him regarding what was going to be built on the corner of Chambers and Jonesboro.  He told the residents the decision had not been made, but the hearing would be held in November.  If the residents were concerned about that corner, Mr. Welch asked them to come to this meeting.  He said, “no one here is from Thorn Berry Subdivision, and no one has voiced opposition to what the applicant has requested either the first time at C-2 on the whole tract or as O/I splits C-2 on Jonesboro Road at a hearing of this Board of Commissioners several weeks ago.   No one is here tonight from that community in opposition except Ms. Barker, and the applicant feels one concession after another has been made.”  Mr. Welch stated the applicant has filed a lawsuit, and the Court has asked the Board to reconsider this via a Consent Order.  He said through this entire process, the applicant has done nothing but think about the neighbors and what would be beneficial to the property owners as well as the applicant who would like to develop the property in accordance with the Ordinances and the conditions.   He asked for the submitted request to be granted for C-2 on the front with a forty (40’) foot O/I strip on the side of the western boundary and O/I in the rear.  

 

Commissioner Adams ‘called the question;’ Commissioner Harper seconded.  The motion carried 4-1-0 with Commissioners Adams, Harper, Holder, and Holman voting in favor, Commissioner Freedman voting against. 

 

Chairman Maddox restated the motion where all the land would be rezoned O/I; the motion failed with a vote of 2-3-0 with Commissioners Freedman and Holman voting in favor, and Commissioners Holder, Adams, and Harper voting against. 

 

Commissioner Holder made the motion for approval as presented by the applicant with a forty (40’) foot buffer O/I on the west side, the south side being O/I, and the property along Jonesboro Road at the corner of Chambers Road to be C-2 with the conditions and restrictions presented; Commissioner Harper seconded requesting the attachment of the plat be exhibit “C-2/OI.” 

 

Commissioner Freedman said in paragraph “E” it says, “they shall approve design of all landscape,” and he asked if the word “building” should be included.  Commissioner Holder questioned the approval of the design of the building.  Commissioner Freedman asked, “are we going to approve the landscape, but not the building?”  Commissioner Holder said his motion will stand as presented. 

 

The motion carried 3-2-0 with Commissioners Holder, Harper, and Adams voting in favor, and Commissioners Freedman and Holman voting against. 

 

 

 

Canine Social Club, LLC – RZ-04-60.

 

WHEREAS, Canine Social Club  (RZ-04-60) has applied for a rezoning from C-1 (Neighborhood Commercial) and C-2 (General Commercial) to C-3 (Heavy Commercial) for the development of a commercial kennel, for property located at 3948 Jodeco Road a/k/a 40 Candler Road, in Land Lots 63 and 66 of the 7th District (Parcel ID# 072-01-002-000) consisting of 1.85 +/- acres; and

 

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

 

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

 

WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended denial of the request on November 18, 2004; and

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners denies the rezoning request.

 

 

Commissioner Harper made the motion to approve the resolution; Commissioner Holman seconded. 

 

Ms. Carla Andrews, the applicant, stated she lives at 440 Amah Lee Court, Jonesboro, Ga., and has been on a yearlong search for a site with a rural atmosphere and access to main arterial roads.  She said her kennels are clean and secure and provide activities to keep dogs happy and occupied.  Ms. Andrews said her neighbors had expressed concerns about excessive smells and noise, and she felt she could alleviate this by showing a short video, which demonstrates a day in the life of a modern kennel. 

 

(Since the video equipment was not operable, Ms. Andrews could not give her video presentation.)

 

Dr. Bernie Toole, Veterinarian at Hudson Bridge Animal Clinic, said Ms. Andrews is a client and asked him to speak from a technical aspect about her kennel.  The facility she is proposing is a day care and kennel that houses animals in the Henry County area.  He said these animals will be cared for and will be happy animals.  The difference in the proposed kennel versus a kennel for breeding is her clients will desire to place their pets in a happy and clean environment, and Ms. Andrews will have to do exactly that to keep her clientele.  A breeding facility is usually a small area where animals are housed together for the purpose of breeding puppies and are not equipped with staff to keep the facility clean.   Dr. Toole said he has informed Ms. Andrews of the different methods of keeping the facility clean environmentally and solvents for disinfectant and odor purposes.  He said unhappy animals are known to bark, such as leaving an animal at home all day, they are thus prone to bark.  Dogs are pack animals and desire the association with other animals or humans. 

 

Commissioner Harper said this site sits on a railroad crossing and asked if a train would send the dogs into a frenzy.  Dr. Toole said he had not been to the site, but some dogs could be responsive to the noise, noting as examples airplanes and thunder.

 

Chairman Maddox asked if there was anyone who wanted to speak in favor of this proposal.

 

Mr. Ted Davis, who lives at 332 Daily Mill Road, said he had attended the Planning Meeting and heard complaints and concerns from the Historical Society and the Henry County Shrine Club.  He said to the Shrine members, “Shame on you; how dare you not show a brother Mason the courtesy he has shown you.  When you asked for a rezoning, my father gave his blessing; now you would deny him equal blessings.”  Mr. Davis said one of the Board Members brought up the issue of traffic.  Ever since 1972, before there was ever a Board of Commissioners in this County, there has been upwards of approximately 500 cars coming and going at that intersection.  He said in the last meeting, Ms. Andrews conceded to every Board Member’s request, and he could not understand denying her request for feeble reasons.  Referencing the concern of the noise, Mr. Davis said where she wants to locate the kennel, there is approximately 1,000 feet of air space, a major arterial road, and an eighteen (18’) foot high barrier; therefore, he did not think neighbors would hear any noise.  He asked for the Board to set aside the Planning Commission’s recommendation and pass Ms. Andrews zoning request. 

 

Chairman Maddox asked if there was anyone who would like to speak in opposition to this request.

 

Mr. Charles Pierce, who lives at 156 Wildwood Drive, McDonough, said he was representing the Henry County Shrine Club that is located immediately beside the subject property.  He said they are a charitable organization and support 22 hospitals in North America as well as local families in Henry County.  Mr. Pierce said they have fund-raisers at their Club and usually have outdoor cookouts and activities, and a dog kennel would be detrimental to their cause due to foul odors from dog feces and the noise from barking dogs.  Also he wanted to clear up a mistake that had been made; the Shrine Club is zoned C-2, not C-3, and he stated the Club did not want a C-3 zoning next to them.  He said they are calling this a “Canine Social Club,” but it will still be a building full of dogs and cats, and they will stink.  Mr. Pierce asked the Board to deny this rezoning request. 

 

Ms. Margaret Smith, who lives at 212 Candler Road, said she purchased her home in 1995 and wanted to make it clear Candler Road is not an industrial area.  She said there are seventeen (17) homes and the Shrine Club on Candler Road, and they would not welcome 40 to 100 dogs boarded in a kennel that would bark at the daily train activity (24 trains pass daily).  Ms. Smith also submitted to the Board a petition signed by residents of Candler Road who oppose this zoning from C-2 to C-3.  Many of the residents on Candler Road have pets, and strange dogs barking will cause the residents’ pets to react causing the residents to have many sleepless nights.  She stated if this zoning is approved, the traffic will increase because as it stands now, there are 19,000 cars traveling Jodeco Road on a daily basis.   Also Ms. Smith stated “The Crow’s Nest Restaurant” is located across Jodeco from “Shorty’s Emission Testing” with both businesses sitting next to the railroad crossing, noting this is a very congested area with poor visibility.  “Would you like to have dinner at the local restaurant (“The Crow’s Nest) and have to deal with barking dogs, offensive odors, and added traffic?” 

 

Mr. Ronnie Owens, who lives on Jodeco Road, produced a map of the area to give some detail of exactly what is in the area and what the residents are trying to protect.  Looking at less than one-half of a mile on both sides of the railroad track, there are thirty-one (31) pieces of property in the area.  None of them on Jodeco Road are C-3 zoning; two (2) are RA, seven (7) are R-2, one (1) is R-3, two (2) are O/I, fifteen (15) are C-1, and four (4) are C-2.  Mr. Owens said some of the residents are working with the State in having the area named as a historic district.  He asked the Board to deny the C-3 zoning, and Mr. Owens passed out conditions to the Board Members.

 

Mr. Pop Davis, the present owner of the property, said he had planned to sell the property to Ms. Andrews, and he wanted to speak in favor of the proposal.  He said he is 94 years old, and he used to have six (6) horses and seven (7) dogs while living at this location.  He added no one ever said anything to him, and they were the best friends he ever had.  Therefore, he could not understand why local residents were against her request.  He stated Ms. Andrews has a good idea, and he supported her venture. 

 

Ms. Andrews said she focused on this piece of property because it does have rail, still has a rural feel, has C-2 on both sides, and said it is really an agricultural business.  She said there are no intentions of having hundreds of dogs; clearly, the acreage would not allow for that.  She said she would love to have a kennel in a rural setting and would love to have RA and have 5 to 7 acres with a buffer for sound and noise.  She promised to do the best that she could to keep the property quiet and clean, because without that, she will not have a business. 

 

Commissioner Freedman asked for the motion to be restated, and the Chairman stated the motion was to deny the request. 

 

The motion carried 5-0-0 with Commissioners Harper, Holder, Adams, Freedman, and Holman voting in favor; the request was denied.

 

 

Carey Bunn – RZ-04-58.

 

WHEREAS, Carey Bunn (RZ-04-58) has applied for a rezoning from R-1 (Residential

Agricultural) to R-2 (Single-Family Residence) for the development of a residential subdivision, for property located on the south side of Turner Church Road, east of McGarity Road, in Land Lots 80 and 81 of the 7th District (Parcel ID# 153-01-081-000) consisting of 35.14+/- acres; and

 

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

 

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

 

WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended denial of the request on November 11, 2004; and

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners denies the rezoning request.

 

 

Commissioner Harper made an alternate motion to approve rezoning from R-1 to R-2 with the following development conditions:

 

1.      The houses shall be built on-site, no modular or manufactured homes, with two-car garages standard.

2.      The minimum house size shall be 1,800 square feet of heated space.

3.      All houses shall have the front elevations, including returns, consisting of brick, stone, stucco, or any combination thereof.

4.      All yards shall be sodded to the rear drip line of the houses.

5.      Underground utilities and streetlights shall be required.

6.      Sidewalks shall be installed on both sides of the street.

7.      There shall be no clear cutting of trees.

8.      No certificate of occupancy can be issued until the Turner Church Road improvements/paving is complete. 

9.      The average lot size shall be 30,000 square feet.

 

Commissioner Holder seconded.

 

Mr. Michael Elliott, Civil Engineer representing Mr. Carey Bunn, stated they have had approval of R-1 conditional zoning on this property since 1998.  Approximately eight (8) months ago, the applicant was approached by the Henry County Water & Sewerage Authority and was asked for permission to survey the property.  Two schools are to be built in the proximity of Wilson Drive and North Ola Road (High School and Junior High), and in order to serve sewer to the property, they will run a twenty-four (24”) inch sewer main through the applicant’s property.  Mr. Elliott said once the applicant had this, he was intending to go ahead with his own conditional zoning. 

 

Mr. Elliott stated in going to R-2, they are allowed to go as low as 18,000 square feet with brick fronts, and that is the plan used at the Planning and Zoning Commission hearing on November 11, 2004.  After listening to citizen input and comments made by the Planning Commission, they have developed an alternate plan in that they will still have the R-2 zoning with sewer, that has been made available, and the applicant now has a net density of 1.42 units to the acre.  He said the minimum lot size is 21,500 square feet with an average lot size of 30,000 square feet.  Mr. Elliott said the applicant has twenty-five (25) lots that are between the range of 21,500 square feet and 30,000 square feet, twenty (20) of the lots are greater than 30,000 square feet, and six (6) or seven (7) of the lots are over an acre.  He said they heard Commissioner Harper’s motion and resolution, and they are in agreement with the conditions.  Currently, this portion of Turner Church Road is unpaved, and his client will pave according to the SPLOST Department’s course of design.

 

Commissioner Freedman said he understood the fronts of the homes will be either brick, stone or stucco or any combination thereof, but he asked what material the other 3-sides would consist of.  Mr. Elliott stated he could not promise what material would be used for the other 3-sides.

 

Commissioner Harper said, “back in 1998, the applicant got 30,000 square foot lots; 1,500 square foot heated space, no façade restrictions (meaning the builder could use vinyl, hardiplank, etc.).  Under this proposal, one-half of the lots are going to be 30,000 square feet or more, and twenty-five (25) of them will be 21,500 to 30,000 square feet, which is close to what he has already, but we get more heated square footage, a little bit of façade control, and will not have septic systems.”

 

Chairman Maddox asked if there was any opposition to this request; there was response from the audience.

 

Ms. Emily Smith, who lives at 3048 Turner Church Road, said her concern was that they be consistent; in her opinion, the majority of the lots are still going to be under 30,000 square feet.  She said both of the homes at the entrance are one plus acre lots; the homes directly across the street are all between 2-1/2 and twelve (12) acre lots.  Ms. Smith said the residents are pleased with some of the recommendations made by Planning and Zoning Board, and they hoped those things would follow through.  She said that area, under the FEMA map, is a flood zone, and she had to obtain flood insurance last month.  She has great concern of water drainage, and she is uneasy about the large heavy equipment coming through and asked if there will be a buffer for the existing homes.  Presently, it is gravel and when it rains, it can get very nasty.  Ms. Smith asked for the time frame of when this will be taking place.  Also, she stated her home is valued at $240,000, and she did not want less expensive homes being built where it would depreciate her home. 

 

Commissioner Harper commented on her buffer concern and asked Ms. Smith if she would like a Leyland Cypress buffer on both sides between her and the neighborhood.  Ms. Smith agreed to the suggestion. 

 

Commissioner Holman referenced the narrow entrance into the subdivision and asked staff if there was enough room to have the required accel/decel lanes. 

 

Mr. Steve Schafer, Development Plan Review Director, said the County’s position is there will be accel/decel lanes on the property, as per the requirement.  He said they have not received the plan, but it would be up to the developer.

 

Mr. Bruce Payne said he just built a home on forty-two (42) acres about two years ago in the area.  He said there will be nine (9) homes on the forty-two (42) acres.  Derby Downs Subdivision and Wynfield Estates were developed and every lot is a one (1) acre lot.   He said, “if someone is going to build out there, they should escalate to the requirements of the existing homes.”  He stated the residents are trying to encourage the development of the homes to be built on one (1) acre lots to be consistent. 

 

Ms. Debbie Stephens, who lives at 3025 Turner Church Road, said she built her home three (3) years ago, because she got ‘shoved’ out of Clayton County.  She has built a beautiful home and has hopes of raising her children in this area.  She said before she knew it, she was surrounded by builders and attended town meeting after town meeting.  She stated a subdivision was developed and had about 1,500 square foot homes, and then she took her children out of public school, placing them in private school, because there were over 2,000 children at Lovejoy High School.  She said she is well aware that no schools are being built.  Ms. Stephens asked the Board to please take into consideration what is around that area, and said she did not want to be ‘shoved’ out again. 

 

Commissioner Freedman said he wanted to voice his concern again about the other 3-sides of the homes.  In the last year or two, the Board has never approved a resolution without finding what material the other 3-sides would consist of.   He said if the front is masonry, the other 3-sides should be of a hardiplank type material.  Commissioner Freedman stated he has a problem with the building of masonite-sided and vinyl-sided houses, noting vinyl is prohibited.  

 

Commissioner Holder referenced condition #3 saying, “vinyl siding is prohibited; this excludes facades and dormers.  I would encourage the builder, with that condition, to clarify to include those three (3) sides to be of hardiplank or similar material.”

 

Mr. Elliott said his client will agree to this. 

 

Commissioner Harper said, with that concession, he will amend the motion to require 3-sides be at minimum hardiplank, and vinyl will be prohibited, except on the soffit and facia boards.  Also, condition #10 will read as follows:  On the northern-most boundary of this property, abutting the two homeowners facing Turner Church Road, there will be a planted buffer of Leyland Cypresses; Commissioner Holder amended his second.

 

Commissioner Adams said, “if we deny this, Mr. Elliott, you can build a 1,500 square foot house on a 30,000 square foot lot, all vinyl.  If the Board grants this, then the front will be brick, and the other 3-sides will be hardiplank (or similar material), no vinyl except the soffit and facia, and yards will be sodded.”

 

Chairman Maddox asked Mr. Elliott if they could build all 3-sides brick.  Mr. Elliott replied, “no sir.” 

 

  Chairman Maddox asked for the vote on Commissioner Harper’s alternate motion with conditions.  The motion carried 5-0-0 with Commissioners Harper, Holder, Freedman, Adams, and Holman voting in favor. 

 

 

            (Chairman Maddox announced there will be a 5-Minute Break.)

 

 

Cypress Development – RZ-04-64.

 

WHEREAS, Cypress Development (RZ-04-64) has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) to allow for the development of a residential subdivision, for property consisting of 128.3 +/- acres and located at the northwest intersection of State Route 20 and Dorsey Road, Land Lot 235 of the 6th District (Parcel ID# 039-01-018-000 and 039-01-018-100); and

 

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

 

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

 

WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended denial of the request on November 18, 2004; and

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners denies the rezoning request.

 

 

Commissioner Freedman made the motion to approve the denial; Commissioner Holman seconded.

 

Mr. Andy Welch, Attorney representing the applicant, asked for the approval of the zoning request with road access off of Dorsey Road and Ga. Hwy. 20.  The development consists of 120 lots with a boulevard entrance (main entrance) on Dorsey Road.  He said there will be decorative street lighting throughout the development and sidewalks through interior streets (on both sides of the street), and there will be 21.6 acres of open space maintained by the Home Owners Association.  Also, there will be a one hundred-fifty (150’) foot buffer along the Towaliga River.  The amenity area will include a swimming pool and cabana, and the developer plans to save the trees on the property, where it is practicable, and not clear cut the entire property.  Referencing the plan submitted before the Board, 18% of the lots are at the 30,000 square foot minimum, and 74% range are from 30,000 square feet to 43,128 square feet in lot sizes.  Eight (8%) percent or ten (10) lots are over one (1) acre in size.  Mr. Welch said they have organized a list of conditions that include a sod requirement, and a minimum of 2,000 square foot heated floor space for the homes.  The conditions are as follows:

 

1.      The houses shall be built on site; no modular homes will be allowed.

2.      All houses shall be constructed with all-side brick façade with stone and/or stucco accents.  Vinyl may be used for eves and soffits only.

3.      All houses shall be built with attached two-car garages.  Garages shall be side entry where topography and lot layout allow.

4.      The minimum heated floor space shall be no less than 2,000 square feet.

5.      The property shall not be clear cut or mass graded.  Owner and/or developer shall save unusually large and old trees where practicable. 

6.      The minimum lot size shall be no smaller than 30,000 square feet on septic, with an average lot size of no smaller than 34,435 square feet.

7.      There shall be a 150 foot undisturbed buffer maintained by a mandatory Homes Owners Association between the eastern bank of the Towaliga River, as it presently exists, and the abutting rear lot line of any lot in the development.

8.      Because of the wide buffer area along the River, septic systems shall be permitted.

9.      Underground utilities shall be required.

10.  Less than 20% of the area for site development shall be impervious surface.

11.  No less than 21.6 acres of the gross acreage of the property shall be preserved as open space.

12.  All yards shall be sodded to the rear drip line.

13.  There shall be two entrances to the development; one entrance on Highway 20 with one or more monument based entrance signs if the developer so chooses, and one boulevard entrance with one or more monument based entrance signs on Dorsey Road.

14.  There shall be canopy street trees at each entrance, as approved by Development Plan Review as part of the landscape plan.

15.  There shall be an amenity area, which will include a swimming pool and cabana.

16.  There shall be four (4’) foot wide sidewalks constructed on both sides of all interior streets of the development. 

17.  Decorative streetlights shall be required.

 

Mr. Welch asked the Board to approve the rezoning request from RA to R-2 with conditions as stated.

 

Commissioner Holman suggested in condition #11 that it states who owns the greenspace, and it should be assigned who owns that property.  Referencing condition #15, the amenity area should be assigned ownership to the Homeowners Association.

 

Mr. Welch said that was acceptable. 

 

Commissioner Holman asked if the County Code requires accel/decel lanes on both roads. 

 

Mr. Welch said he believes it does. 

 

Commissioner Freedman said the condition should read, “as allowed by Georgia DOT and Henry County DOT.” 

 

Chairman Maddox asked if there was any opposition to this request. 

 

Ms. Kay Ray, who lives at 295 Dorsey Road and speaking for Rev. Dunagan (Pastor of Hampton Heights Fellowship Church), asked the Board to listen to all of the concessions the applicant is willing to give.  She stated she would like to continue to live at this location, but she would like quality growth on her road.  Regarding the traffic issue, she asked for the construction traffic to be limited to Hwy. 20 access and not go all the way up Dorsey to North Dorsey Road.  She said the Hampton Heights Fellowship Church, which has about 100 members, welcomes this new subdivision with open arms, and some of the members would like to relocate closer to the church and this would be a great opportunity. 

 

Commissioner Freedman said he had concerns regarding the watershed.  He said this is a critical watershed where no more than .8 units per dwelling are allowed. 

 

Mr. Ray Gibson, of Planning and Zoning, stated the net density in the limited development area of the watershed cannot exceed .8 dwelling units per acre.  

 

Commissioner Holder asked, “would your client agree to make all of the lots that are abutting the 150 foot buffer along the river one (1) acre lots?”

 

Mr. Welch said, “he would if he could do away with the pool and the cabana.”

 

Commissioner Holder said, “no, we cannot do that.”  He said there is not a member on this Board who is willing to bargain with the owner or the developer when it comes to a watershed issue. 

 

Mr. Gibson said, “for all lots that are adjacent to a perennial stream, there has to be a minimum of 1.25 acres, based on the Ordinance.”

 

Commissioner Freedman said the Board cannot violate the Watershed Requirements.  He asked staff to give him the minimum lot size in a limited development area.   Mr. Gibson said, “one acre” (referencing the County Ordinance); Mr. Welch said, “one acre on septic.”  Commissioner Freedman responded, “you are asking us to violate our own water quality standards.”  Mr. Welch said, “yes sir, I am.”

 

Commissioner Freedman said the Board will not support that. 

 

Mr. Welch said in comparing the difference of a lot that has private water versus public water, the State law has a set of criteria that deals with water-recharged areas.  In that State law, it is set forth the minimum lot size allowed in water-recharged purposes, that would be allowed to have a septic tank where you have public water, is 21,780 square feet minimum lot size.  But, Mr. Welch stated, they are in a ‘low pollution’ district that would require the minimum lot size to be 23,958 square feet, subject under State law.  Under the Henry County Health Code Ordinances, the minimum lot size for a septic tank is 28,000 square feet.  Therefore, he felt that after looking at State law and the Health Code Regulations, the 30,000 square foot minimum under R-2 would be sufficient for this development. 

 

Commissioner Freedman said he is prepared to make a counter-motion for one (1) acre with the mentioned conditions, based on one (1) acre and 1.25 acres along the stream.

 

Mr. Welch said the price of the property requires there be a certain number of lots, and if the Board cannot award this, then that is the Board’s responsibility to make that decision. 

 

Commissioner Freedman made the motion to table the request for the Attorney and his client to meet to resolve the issue.  (There was no second.)

 

Commissioner Holder said this is not the first precedence that has been set in the watershed area.  He said in 2000, the Greenspace Group came by and made a presentation, and their concern was watershed areas and said lots should not back up to a stream.  Commissioner Holder said, “I have made some concessions in my area, because that is where the majority of the water is for Henry County, and in so doing, reduced the lot size from one (1) acre to ¾ acre, but including a buffer area along the stream, so the development would be further away from the stream as far as pollutants were concerned.  The Greenspace Group said that was smart growth.”

 

Mr. Welch cited subdivisions (Meadows Subdivision, Keys Ferry Commons, Kimbell Farms, New Hope Farms, and more) where exceptions were granted. 

 

Commissioner Freedman said he would withdraw his original motion; Commissioner Holman withdrew his second. 

 

Mr. Welch stated he and his client did not want the request to be tabled; they asked for the Board to vote on the request tonight.

 

Commissioner Holman said he was in agreement with Commissioner Freedman’s conditions that he was about to offer, which is asking the applicant to consider 1.25 acre lots along the river front which is known to yield a higher lot price because of the desirability. 

 

Commissioner Freedman made the motion to deny the request; Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Freedman, Holman, Holder, Harper, and Adams voting in favor; the request was denied.

 

 

 

 

 

Lovejoy Meadows, LLC – RZ-04-36.

 

WHEREAS, Lovejoy Meadows (RZ-04-36) has applied for a rezoning from RA (Residential Agricultural) to PD (Planned Development) for a planned residential and commercial development, for property located on Lovejoy Road at the Henry County/Clayton County Line, in Land Lot 188 of the 6th District (Parcel ID# 006-01-022-000); consisting of 24.25 +/- acres; and

 

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

 

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

 

WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended denial of the request on November 18, 2004; and

 

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the rezoning request.

 

 

Commissioner Freedman made the motion to approve the rezoning request with conditions; Commissioner Adams seconded.

 

Mr. Lee Kelley, Attorney representing Lovejoy Meadows, LLC, said the request is to rezone the property from RA to PD, where the PD will consist of 1.16 acres commercial and 23.09 acres of residential comprising of sixty-two (62) single-family homes.  The adjoining property consists of a variation of acreage sizes to the southeast of this subdivision consisting of twenty-five (25) lots approximately one (1) acre in size.  He said the properties to the west are commercial on Hwy. 19/41, and the properties to the north in the City Limits of Lovejoy are zoned for multi-family apartments.  The properties to the west and north have availability to the Clayton County Water Authority and Sanitary Sewer System.  Mr. Kelley said presently this area is in transition from agricultural zonings to commercial and high density residential; therefore, he asked the Board to grant this request. 

 

Chairman Maddox asked if there was any opposition to this request; there was response from the audience. 

 

Mr. Bailey Foster, who resides at 305 Parker Road, McDonough, stated he was opposed to the PD.  He said he would like to hear the proposed conditions before he made any further comments.  

 

Mr. Michael Morris, who lives at 170 Lovejoy Road, stated he would like to see larger lot sizes with nice brick homes, therefore setting a precedent. He said there are many larger lot sizes on this road, and there will be more planned developments that will continue all the way to Highway 81.  Mr. Morris said he had a 2-acre lot, and with all the little houses being built around him, he will have a hard time selling his property with the density there.  He said Lovejoy Road is a County road, and high density is being moved in on the Clayton County side, noting more traffic will come through his area.  The road is called a two-lane road, but actually it is a lane and one-half, and if someone passes, the car is on the shoulder of the road.  He restated the residents would like larger density, than proposed, and larger homes to be built.   

 

Commissioner Freedman said he went to this location a couple of weeks ago and noticed Clayton County had resurfaced their side of the road.  He said, at the present, the applicant’s gross density is 2.69 units per acre, and he has asked them to construct the front of the homes of brick and the other 3-sides of hardiplank.  The minimum house size will consists of 1/3 at 1,600 square feet, 1/3 at 1,700 square feet, and 1/3 at 1,800 square feet, and that is what he will recommend in his motion.  The out-parcel is C-1, and if it is going to be commercial, it has to be residential compatible commercial. 

 

Commissioner Freedman made the motion to approve the rezoning request from RA to PD with the maximum gross density not to exceed 2.69 units per acre and with the three (3) minimum house sizes mentioned above.  The front of the homes will be constructed of brick, stone, or stucco and the remaining 3-sides of hardiplank-type material, with no more than sixty-two (62) units in the residential portion, and the out-parcel commercial may be no more than C-1; Commissioner Adams seconded. 

 

Mr. Bailey Foster did not approve the PD zoning and asked for a zoning of another choosing.  He said PD’s are not defined by the Zoning Act; anything can go in there.  He asked for the Commissioners to look at what the PD zoning consists of and try to put conditions on PD’s before other developments come to the County. 

 

Commissioner Freedman agreed the Commissioners should revisit the PD issue for future developments.

 

The vote was 3-3-0 with Commissioners Freedman, Holder, and Adams voting in favor, and Chairman Maddox, Commissioners Harper and Holman voting against. 

 

Commissioner Freedman pointed out to the Board this could be annexed into the City of Lovejoy, and if they do, they will get a higher density (15 units per acre), and Henry County will have to provide schools for those homes. 

 

Commissioner Holder said it also affects House Bill 489 where it could be dealing with Lovejoy (the distribution). 

 

Mr. Jaugstetter said under the requirements of House Bill 489, if this property was annexed, they would become a municipality and Henry County would have to accommodate. 

 

Commissioner Freedman said with them obtaining their water and sewer from Lovejoy, this makes a strong point for them to annex into Lovejoy.  He said if this is annexed in, Henry County would lose control completely on design and density. 

 

Chairman Maddox said the reason he voted against the motion was he did not approve of planned development unless it is on a major artery; it does not need to be on collector roads in Henry County. 

 

Commissioner Harper suggested tabling this request.

 

Commissioner Holman said he did not know the size of the out-parcel, other than it is C-1.  Also, for the record, Commissioner Holman said he did not favor 1-sided brick; he preferred to see more brick.

 

Ms. Cheri Matthews, Chief Planner of Planning and Zoning, stated if the applicant chose to take the commercial component out, in order to do a PD, the lot sizes would have to be flexible.  He could not come in and develop standard sixty-two (62) lots at the same lot size.  She said that is the purpose of the PD for flexibility. 

 

Commissioner Holman said tabling this request would at least give the applicant another opportunity for approval.   He said it seems the real issue is the fear of annexation, and he did not know what level that fear is. 

 

Mr. Jaugstetter stated the City of Lovejoy would have to be the one to initiate a lawsuit against the County; the property owner, in this instance, would not have any right to sue the County over whether or not we object to the annexation.  The City of Lovejoy would have to decide whether or not they wanted to annex this property bad enough to file a lawsuit against Henry County to enforce it. 

 

Commissioner Harper said, “I would hate for us to get into a fight with Lovejoy, but I will tell you now, I will vote to pursue that all the way to the Georgia Supreme Court to fight Lovejoy from crossing the County Line.  I will not roll over and let them come across the County Line.  That is a fight I’ll take any day of the week.”  Commissioner Harper suggested to Commissioner Freedman again to table the request.

 

Commissioner Holder said he had heard why Chairman Maddox voted against the motion, but he would like to hear from the other two (2) Commissioners who voted in the negative their reasons. 

 

Commissioner Holman said first it is the exterior of the buildings (1-sided brick), and secondly, the question of the need for the out-parcel.  He commended Commissioner Freedman for all the work and effort put forth on this request, but he agreed with Commissioner Harper that tabling would be the best way to take action tonight. 

 

Commissioner Harper said his position was more generic; “I do not want Henry County’s zoning decisions to suddenly be governed by the Clayton County Government or Lovejoy City Council.  This is a collector road; it is not an arterial road.  We are putting high density on a collector road, which we should not be allowing.  I looked at the aerial photograph, and there is no high density on the Henry County side.  Once we do it, there will be the domino effect.  Thirdly, the in-coming Commissioner has concerns about this.”

 

Commissioner Freedman said he received a memorandum from the State stating the functional classification of that road is ‘urban minor arterial.’  Ms. Lisa Glover, Transportation Manager, sent him information stating it is not a County road; it is classified as ‘urban local street.’ 

 

Commissioner Holman made the motion to table the request; Commissioner Harper seconded.  The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Adams, and Holder voting in favor. 

 

 

Olde Towne Builders, Inc. – RZ-04-56.

 

WHEREAS, Old Towne Builders, Inc. (RZ-04-56) has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) to develop 13-lots for a single-family residential subdivision, for property located at 1530 and 1538 Turner Church Road, in Land Lots 86 and 107 of the 7th District (Parcel ID# 121-02-046-000 and 121-02-046-001); consisting of 10 +/- acres; and

 

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

 

WHEREAS, the Planning & Zoning Staff for Henry County has reviewed the request and submitted a report that is part of the public record; and

 

WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended approval of the request on November 11, 2004; and

 

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the rezoning request with the following conditions:

 

1.       The house sizes will be a minimum of 2,500 square feet of heated space.

 

2.      Homes shall be built on site; no modular homes will be allowed.  Two car garages (side-entry) will be standard.

 

3.      Sidewalks to be installed on both sides of the street.

 

4.      All homes will be all sides brick, stone or stucco or any combination thereof.

 

5.      Developer shall install acceleration / deceleration lanes in accordance with the Henry County Department of Transportation standards.

 

6.      No permits shall be issued until sewer is made available on-site.

 

7.      Phase III of The Lakes subdivision will be re-platted by the developer prior to the final platting of the proposed subdivision.

 

8.      All homes will have sodded yards to the rear drip line of the home.

 

9.      The total number of homes will not exceed thirteen (13), two (2) of which are already on the subject property.

 

 

Commissioner Harper moved to approve the resolution changing condition #5 to have a comma at the end reading, “……..Transportation standards, if the approved zoning does not tie into the existing neighborhood abutting it;” Commissioner Holman seconded.

 

Chairman Maddox asked if there was any opposition to this request; there was no response from the audience. 

 

The motion carried 5-0-0 with Commissioners Harper, Holman, Holder, Freedman, and Adams voting in favor. 

 

 

Triad Investments – RZ-04-02.

 

Triad Investments of Jonesboro, Georgia, requests a rezoning from RA (Residential-Agricultural) to PD (Planned Development) for property located to the south of Jonesboro Road and to the east of Interstate 75, in Land Lots 127, 129, and 130 of the 7th District and 144 of the 6th District.  The property consists of 229.72+/- acres, and the request is for a Planned Development.

 

This rezoning request has been postponed until a later date.

 

 

 

COMMISSIONER(S) COMMENTS:

 

Commissioner Holder said, “it has been four (4) years and eight (8) years of serving with Chairman Maddox and Commissioner Freedman, and I want to say we will miss both of you.  I know we will have a good Board coming on next year.  It is a part of life; you end something and you start something new.  I wish you the best, and I know ya’ll will be around.”

 

 

APPROVAL OF MINUTES:

 

Commissioner Harper made the motion to approve the December 6th and December 7th Regular Board of Commissioners’ Meeting Minutes and the November 9th Minutes of the Planning Commission’s Joint Meeting with the Board of Commissioners and the Steering Committee; Commissioner Adams seconded.

 

Commissioner Holman brought to staff’s attention a typo on the 10th page (did not reference which set of Minutes) where the “H” in Commissioner Holder’s name was not capitalized. 

 

Commissioner Freedman referenced the December 7th Minutes, page 12, and directed his statement to Commissioner Holder and read, “the Development Plan Review Department shall approve the proposed architectural design prior to the issuance of a building permit.”  He said he always puts “approval of architectural design of a commercial building” in his resolutions.  Commissioner Holder said he does not always put that in his, because he has some problems with some of the staff designing some of the things he wants.

 

The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Holder, and Adams voting in favor. 

 

 

UPCOMING MEETINGS:

 

Thursday          12/23/04          All County Offices will close at noon.

 

Friday              12/24/04          All County Offices will be closed in observance of the Christmas

                                                Holiday

 

Monday           12/27/04          All County Offices will be closed in observance of the Christmas

                                                Holiday

 

Thursday          12/30/04          7:00 p.m.  -  Inauguration Ceremony for the New Board Members

                                                (Administration Building)

 

Friday              12/31/04          All County Offices will be closed in observance of New Year’s

                                                Day

 

Monday           1/03/05            9:00 a.m.   -   Regular BOC Meeting

 

Tuesday           1/04/05            9:00 a.m.   -   Regular BOC Meeting

 

Monday           1/17/05            Martin Luther King, Jr. Holiday (No Meeting)

 

Tuesday           1/18/05            6:30 p.m.   -  Regular BOC Meeting

 

 

 

Commissioner Harper said there are no items of business on Tuesday, January 4, 2005; therefore, Commissioner Harper made a motion to cancel the Tuesday, January 4, 2005 Meeting and directed the Clerk to post the notice; Commissioner Adams seconded.  Commissioner Freedman abstained.  The motion carried 4-0-1 with Commissioners Harper, Holder, Holman and Adams voting in favor, and Commissioner Freedman abstained. 

 

Chairman Maddox said he needed an amendment to the Agenda to strike Executive Session and to add consideration of a contract with connecting Public Relations to Henry County.  Commissioner Harper made the motion; Commissioner Adams seconded.  The motion carried 5-0-0 with Commissioners Harper, Adams, Holder, Holman, and Freedman voting in favor. 

 

Chairman Maddox said there is a proposal for Professional Service for Henry County Board of Commissioners for the 2005/2006 Legislative Sessions.  It will be provided by Connecting Public Relations, Inc. for a fee of $50,000 for a period of two (2) years beginning January 1, 2005 and ending on June 1, 2006.  Payment will be made in two (2) installments; $25,000 will be the first installment, $25,000 will be paid on the 1st day of January, 2005, and the second installment of $25,000 will be paid on the 1st day of January, 2006.  Chairman Maddox said there are twelve (12) general duties and responsibilities.  Commissioner Harper made the motion to approve the contract and authorize the Chairman to sign and execute this on behalf of the Board of Commissioners; Commissioner Holder seconded.  Chairman Maddox said this is to represent Henry County at the State Legislative Body which starts January 10th, and it will run for two (2) years.  Chairman Maddox said Henry County needs this and has been needing it for a long time. He said the Board has the opportunity of getting it at this price. 

 

Commissioner Holman said, “I have read through the agreement and #12 states the providing of bi-weekly legislative report to Henry County Government during the Legislative Session containing the status of bills Henry County Government is attempting to pass, change or stop.  Connecting Public Relations will also initiate phone calls on Tuesday or Thursday evenings with Henry County Government when the Legislation is in session.  I would ask that the contract be amended to require the consultant to come in front of the Board of Commissioners and make a presentation, so that we can find out first hand what charge or success they are having at the Capitol.”

 

Commissioner Harper said, “why don’t we say, if requested by the Board.  There are certain things they are not going to be able to come do in a Public Session.”

 

Commissioner Harper amended the motion to add a provision stating, “the consultants will make a public report before the Board of Commissioners, if requested by the Board of Commissioners; Commissioner Adams did not amend his second. 

 

Commissioner Adams ‘called the question.’  (There was no second.)  The motion carried 5-0-0 with Commissioners Adams, Holman, Holder, Freedman, and Harper voting in favor. 

 

Chairman Maddox asked for a vote on the proposal on the floor; the motion carried 4-0-2 with Commissioners Harper, Holder, Adams, and Holman voting in favor, and Chairman Maddox and Commissioner Freedman abstaining. 

 

Commissioner Harper made the motion to adjourn at 10:32 p.m.; Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Harper, Holman, Freedman, Holder, and Adams voting in favor.

 

                                                            Leland Maddox, Chairman

 

Peggy L. Malcolm, Deputy County Clerk