STATE OF GEORGIA

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Meeting at 6:30 P.M. on Tuesday, June 15, 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 Linda Angus, County Manager; LaTonya Wiley, Deputy County Attorney; Susan B. Craig, County Clerk; Peggy Malcolm, Deputy County Clerk; Danny Taylor, Economic Development Division Director; Michael Harris, Public Works Division Director; Tommy Smith, Interim Human Resources and Purchasing Director; Roy Clack, SPLOST Project Manager; and others.

 

Chairman Maddox called the meeting to order and asked for an Acceptance of the Agenda.   Commissioner Holman moved to accept the Agenda with the following amendments.  He said a budget resolution needed to be placed under item VII-B, and under item VII-A will be a resolution referencing the purchase of used vehicles.  Regarding a housekeeping issue, Commissioner Holman said he wanted to amend item X to include the approval of the Minutes for May 11th and May 13th, 2004, besides the June 1, 2004 Minutes that is already listed.  Commissioner Harper seconded; the motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Adams and Holder voting in favor.

 

Chairman Maddox stated under item VI-A, there was a request regarding C&N Development (RZ-03-54) and asked Mr. Gee Harvey of Dillard and Galloway, representing C&N Development, to come forward to make an announcement.  Mr. Harvey asked if the Board would table this rezoning application indefinitely to give his client some additional time to weigh their options to look into alternatives and to meet with surrounding property owners.  The property consists of 62.0 +/- acres located on the northern side of East Lake Road and the western side of John Elliott Road, and the request is for a single-family residential subdivision.  Commissioner Harper made the motion to table the rezoning for RZ-03-54 and Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Harper, Holman, Holder, Adams, and Freedman voting in favor.

 

Commissioner Holder asked for item VI-B Fayette Environmental, LLC (RZ-03-66) to be removed from the Agenda and said the Board of Commissioners will not hear this rezoning request.  He said two weeks ago this piece of property was part of the 1,400 acre tract the City of Locust annexed.   This property is located on State Route 42 South and the request was for an industrial subdivision.   Commissioner Holman moved to amend the Agenda to remove item VI-B Fayette Environmental, LLC (RZ-03-66); Commissioner Freedman seconded; the motion carried 5-0-0 with Commissioners Holder, Holman, Freedman, Adams, and Harper voting in favor. 

 

 

MODIFICATION TO A ZONING CONDITION:

 

Turning Point Church, Inc. (MC-04-02) of McDonough, Georgia requests a modification to a zoning condition for property located along the western side of Old Jackson Road and to the south of State Route 81 East, in Land Lot 171 of the 7th District.  The property consists of 6.05 +/- acres, and the request is to modify a zoning condition relating to the exterior materials of the proposed church.  The Municipal Planning Commission of Henry County reviewed and recommended on April 22, 2004 approval of the request with the following condition:

 

1.      1.      The front facade of the church as well as those exterior walls that are not to be a part of the second phase expansion shall be constructed of a masonry material (i.e., brick, stone, stucco, or any combination thereof), and the remaining walls shall be constructed of metal in order to permit future expansion of the church.  The buildings proposed, as part of the second phase expansion or any future expansion shall be constructed of brick, stone, stucco or any combination thereof.  If the second phase is not complete within five (5) years of the date the building permits are received, the applicant must return before the Municipal Planning Commission for a modification of a zoning condition.

 

Chairman Maddox asked if there was any opposition to the request; there was none. 

 

Commissioner Holder made the motion to approve the resolution and grant permission to Turning Point Church; Commissioner Freedman seconded.  The motion carried 5-0-0 with Commissioners Holder, Freedman, Harper, Adams and Holman voting in favor. 

 

 

James Waggoner (MC-04-03) of Stockbridge, Georgia requests a modification to a zoning condition for property located on the western side of Crumbley Road and east of State Route 155, in Land Lot 7 of the 7th District.  The property consists of 4.13 +/- acres, and the request is to modify buffer and sidewalk conditions.  The Municipal Planning Commission of Henry County reviewed and recommended denial of the request on May 27, 2004.

 

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

 

Commissioner Harper made a motion to approve the request for discussion purposes; Commissioner Holder seconded. 

 

Dr. James Waggoner came to the podium to speak on his request.  He said he was changing the fence from brick to wooden, and wanted to eliminate the condition to have curb and gutter and sidewalk on Crumbley Road.  He said after reviewing the Minutes of 1998, he found the main concern from the residents was not desiring curb and gutter and sidewalks and also only wanting one (1) curb cut.   He said there are no curb cuts that he has, and only one (1) curb cut on Crumbley Road.  Dr. Waggoner said he is requesting not to put sidewalks and curb and gutter and also clarified he does not have any frontage on Crumbley Road.     He stated he wanted to change the brick fence to a wooden fence to decrease the buffer from forty (40’) feet to twenty (20’) feet.

 

Commissioner Adams said based on the back of some of the lots, Dr. Waggoner did have frontage on Crumbley Road. 

 

Dr. Waggoner said he did not know if that was considered frontage; it would be back of the building and he did not know if that would be considered two fronts or not.   He said he was trying to develop five (5) lots consisting of approximately 4.1 acres.  His intent was to develop as C-1 and sell them as commercial lots; he has had one dentist, one doctor and a developer who are interested in building their offices in there.

 

Commissioner Freedman said the County Ordinance requires a forty (40’) foot planted buffer unless a fence is installed and a variance is approved down to twenty (20’) feet.  The Commissioner’s concern was not having a buffer between commercial and residential.  He said a wooden fence, in a matter of years, would not look good and would deteriorate if not maintained.

 

Dr. Waggoner’s understanding was that every place else in the County allowed a wooden fence; a brick or masonry fence was not required with a twenty (20’) foot buffer.  He said the Board might not be familiar with this property, but the property will be commercial in the next year or so.  He stated it is already being sold as commercial property; there are no houses behind it and the only piece of residential property that has a house on it belongs to Dr. Waggoner and there are no plans of zoning it commercial.

 

Ms. Kimberly Smith, Planning and Zoning Director, said according to the Ordinance and the conditions placed on it, Dr. Waggoner can go down to a twenty (20’) foot buffer with a brick fence. 

 

Commissioner Holman said he was in total agreement with Commissioner Freedman in that wooden fences deteriorate, and he did not understand where the curb and gutter goes in the commercial lots.  He said we are in the process of a Land Use Plan, and Crumbley Road has a design for a bike trail.  Commissioner Holman said he was in favor of a sidewalk, curb and gutter, and a brick fence.

 

Commissioner Holder stated he looks at things realistically, and in District V, he has never approved a wooden fence.  He asked the Board needed to look at the property behind it that was being marketed commercial.  He said if it is not curbed and guttered, and the next property comes along and sells commercially, how will the Board require them to do it and not to tie back into Hwy. 155 at the First State Bank?  He said the fact remains Dr. Waggoner’s property is still next to Crumbley Road, and if that section is left out, the taxpayers or someone will have to go back at some point and put it in.

 

Commissioner Freedman added if Dr. Waggoner did not want to put a fence up, he could leave the forty (40’) foot buffer.

 

Dr. Waggoner asked the Board if they would agree to a poured concrete wall eight (8”) inches thick.

 

Chairman Maddox read to the Board under Comments, “based on the above, the applicant can only reduce the landscape buffer of forty (40’) feet to twenty (20’) feet in some instances. The Planning and Zoning Department may require a masonry wall or decorative fence.”

 

Commissioner Harper said in Ordinance 3-7-192D it states, “may require masonry wall or decorative fence.”

 

Chairman Maddox asked for the opposition to come to the podium. 

 

Ms. Sandy Phillips, who lives on Crumbley Road adjacent to the residential piece owned by Dr. Waggoner, said she was at the original zoning hearing.  She said the reason the neighborhood did not object to the curb and gutter, sidewalk and bike path stopping at the first and only curb cut on Crumbley Road, was because the extreme low density rural nature of Crumbley Road and the upholding of that nature of Crumbley Road in the Land Use Plan.  She said the condition stated the only curb cut on Crumbley Road would be no greater than five hundred (500) linear feet from the then existing intersection of the center line of Hwy. 155 and the center line of Crumbley Road.  The curb and gutter, sidewalk and bike path would stop at that curb cut.  Beyond that, Crumbley Road would be allowed to remain in its rural character with the ditch (no curb and gutter).  Ms. Phillips said the neighborhood was in agreement with that because some of the houses are so close to the road, if the curb and gutter, sidewalk and bike path were allowed any further down Crumbley Road, people would be on the residents’ porches.   She said she is in favor of upholding the conditions of rezoning that were set at the time, including allowing the curb and gutter to stop at the Bank’s driveway, and including requiring a brick fence, if the vegetative buffer is allowed to be reduced.   Ms. Phillips said she was against reducing vegetative buffers for the protection of the residential properties and air and water quality.  She said she disagreed with altering zoning conditions based upon what may or may not happen in the future.  She said just because her neighbor has the land behind her marketed with a price that indicates ‘commercial,’ that does not mean it will be rezoned commercial, and may not fit in the Land Use Plan.

 

Commissioner Adams asked Ms. Phillips if she would rather have a forty (40’) foot buffer instead of a brick fence.

 

Ms. Phillips answered, “yes.  On principle, I do not think you should change the conditions of zoning when those were the conditions that were agreed to in order to receive the rezoning.”

 

Commissioner Freedman said he was not in favor of reducing the buffer between residential and commercial.

 

Dr. Waggoner offered to leave everything as it is; he said he could sell three (3) lots, and when the land behind it becomes commercial, then he could deal with it at that time.

 

Commissioner Harper amended the motion to approve the zoning modification eliminating the requirement of sidewalk and curb and gutter along Crumbley Road only, and to deny the other request; Commissioner Holder amended his second; the motion carried 5-0-0 with Commissioners Harper, Holder, Holman, Freedman and Adams voting in favor.

 

 

REZONINGS:

 

Donnie Chamlee (RZ-04-09) of McDonough, Georgia requests a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) for property located at the northwest corner of the State Route 81 and Upchurch Road intersection, in Land Lot 174 of the 7th District.  The property consists of 2.0 +/- acres, and the request is for the development of a convenience store and commercial subdivision/center.  The Henry County Municipal Planning Commission reviewed and recommended denial for C-2 (General Commercial), and approval for C-1 (Neighborhood Commercial) on April 15, 2004 with the following conditions:

 

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

2.      2.      The Department of Development Plan Review staff shall approve the proposed landscape plans prior to the issuance of a building permit.

3.      3.      Primary signage not attached to a building shall be a maximum of eight-feet (8’) in height monument based and shall have consistent character and design details that reflect the architectural design of the project.

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

5.      5.      Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosure shall be constructed of brick, stone, stucco or any combination thereof provided it is consistent with the primary structure, and shall be a minimum of eight (8’) feet in height.

6.      6.      The development shall meet the current regulations regarding flood control.  The post development Stormwater discharge rate must be no greater than the pre-development rate for the two (2) through one-hundred (100) year frequency events.  In addition, a conveyance must be established to direct all runoff from the development away from all adjacent properties.

7.      7.      The canopy columns shall be built to match the exterior of the primary structure, with a shingle roof to match the primary structure.

8.      8.      A forty-foot (40’) buffer landscape buffer consisting of two rows of Leyland Cypress staggered.

 

Chairman Maddox asked if there was any opposition to this request; two (2) individuals from the audience responded.

 

Commissioner Harper moved to approve C-1 rezoning with the eight (8) conditions listed in the resolution for the purpose of discussion; Commissioner Adams seconded.

 

Mr. Donnie Chamlee said he agrees with the C-1 rezoning with the eight (8) conditions.

 

In opposition, Mr. Larry Clark of 2583 Highway 81 East said he lives next door to the property being discussed.  He stated his main concern is the water run-off and the buffer.  He said he has had water problems since he has been living there, and said the County is well aware of this.  Mr. Clark said a silt fence had been installed by the County, but when it rains and water comes down Upchurch Road, his property is flooded.  He said after reviewing a map of what Mr. Chamlee has in his plans, he is concerned about where the stormwater is going.  Mr. Clark said he is asking for a forty (40’) foot buffer undisturbed with Leyland Cypress trees.  He said he did not want to look out his door and see a convenience store. 

 

Mr. Ray Gibson, of Planning and Zoning, stated he had discussed this matter with Mr. Jim Luebbering, Stormwater Department Manager, and Mr. Gibson was informed the current Ordinance only regulates the rate, not the volume or quality of run-off, and Mr. Luebbering would have to look at the plans in terms of the contour lines to see where the County could put ditches.  He said we could have 100% infiltration on the site which would be costly to Mr. Chamlee, but it is against what the Ordinance says right now.  Mr. Gibson said once we see all the engineering drawings, this issue could be straightened out.

 

Commissioner Freedman said he noticed on the map the property to the west of said property is lower, but to the north there is a gully.  He suggested adding a condition requiring they have to berm or trench between Mr. Clark’s and Mr. Chamlee’s properties to take the water to that gully in the back. 

 

Commissioner Holman suggested allowing the Plan Review staff to address the water problem. 

 

Mr. Gibson stated another option to correct this problem would be to dig up Upchurch Road and Ga. Highway 81 and put storm drain pipes in and reroute it around the property, but once that is done, other properties will then be affected. 

 

Mr. Chamlee said if we slope the forty (40’) foot buffer and cut the lot down, it should take care of the water problem.

 

Commissioner Holder said with the conditions as they are written, it would allow him to do that; but if the Board enforces the undisturbed portion of it, then he cannot correct the problem because the property is higher.  He said common sense tells you that it is going to have to be cut back. 

 

Mr. Clark referenced cutting the lot down and said Mr. Chamlee wants to come to the property line and cut it down.  If a swell was placed between the two properties, it would be feasible to go through there.  Mr. Clark said he did not want to come out of his house and see a convenience store after all the trees had been cut down to grade it back.  He asked the Board to vote based on if they would like to come out of their home and see a convenience store.

 

Ms. Joanne Clark said her main concern was that Highway 81 is a very narrow road and it has taken her periodically about ten (10) minutes to get out of her driveway.  She said based on the plat where the inlet and outlet will be, it looks very close to her property.  She was looking at the safety issue and thought it could be hazardous.

 

Mr. Claud Chamlee said he would like to explain the water situation noting he allowed the County to put the dirt on the lot when Upchurch Road was paved.  He said the County piled the dirt up all the way down to where the silt fence is located.  He said he asked the County to come back and correct the problem by cutting it back down.  Mr. Chamlee said there is a natural drainage across the back of Mr. Clark’s property and water comes from Mr. Upchurch’s field, down Upchurch Road, and goes through there.  Mr. Chamlee said the problem stems from allowing Henry County to place dirt out there (at no cost), and he has asked the County a dozen times to grate it down so water can run to the back.  He said if they are not allowed to cut it down at the property line, he does not know how they will do it.

 

Commissioner Freedman suggested that staff and the property owners get together and reach an agreement because the solution would not be that difficult.  He said there are three (3) issues here:  first is the water run-off to be diverted north to the gully in the back; secondly, that he has a visual buffer between the two houses; and thirdly, a sound buffer which the trees will take care of. 

 

Chairman Maddox asked Mr. Chamlee if he would consider this request being tabled so that Mr. Clark, Mr. Chamlee and County staff could meet and try to work something out that would be suitable for all. 

 

Commissioner Adams directed his opinion to Mr. Clark.  “You want forty (40’) foot plus you want another so many feet to slope down, and that is more than they want to give; it won’t work for their property.  There has got to be a compromise here somewhere.  You will be getting your water problem fixed, which you had to live with for a long time.  They are willing to put in a buffer, so there should be a solution here.”

 

Commissioner Harper amended the motion to table the matter until July 6th and directed staff to meet with Mr. Chamlee and the neighboring property owner to see if there could be a resolution. 

 

Ms. Kimberly Smith said the Agenda deadline had already passed for the Board of Commissioners’ July 6th Meeting due to the fifteen (15) day display ad requirement.

 

Commissioner Harper amended the motion to table the matter until July 19th and directed the applicant and the neighboring property owner to meet with staff concerning conditions #6 and #8 as to the run-off.  Commissioner Adams amended his second.  The motion carried 5-0-0 with Commissioners Harper, Adams, Holder, Holman and Freedman voting in favor. 

 

 

Elbert Richard Cameron III – (RZ-04-13) of Stockbridge, Georgia requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located at 88 Brannan Road, south of Campground Road, in Land Lot 61 of the 7th District.  The property consists of 11.65 +/- acres, and the request is for the development of a single-family residential subdivision.  The Municipal Planning Commission reviewed and recommended approval of the request on April 22, 2004 with the following conditions:

 

  1. All houses shall have a minimum of 2,000-3,000 square feet of heated floor area, as proposed by the applicant.
  2. All houses shall be built on site (no modular or manufactured homes) and have a minimum of two-car side entry garage.
  3. As proposed by the applicant, eighty (80%) percent of the homes will be four sided brick.  The remaining homes will be three sided brick with Hardiplank backs.
  4. All yards shall be fully sodded.
  5. Underground utilities shall be installed.
  6. Developer shall install sidewalks on both sides of the street; street lighting shall be throughout the subdivision.
  7. Acceleration and deceleration lanes shall be constructed as required by the Henry County Department of Transportation.
  8. The entrance of the subdivision shall include a boulevard entrance from Brannan Road and shall be landscaped to County standards.
  9. All lots shall be interior to the subdivision, and shall not front on Palmer Road.
  10. Sewer line must be in place before the final plat is approved.

 

 

Commissioner Harper moved to approve the request to rezone with the ten (10) conditions listed in the resolution.  Commissioner Holman seconded.

 

Mr. Elbert R. Cameron III said he would like to request a modification on two of the conditions and some clarity on one of the conditions.  In condition #3, he said he took the wording of “all brick” to mean brick, stone, or stucco.   He said everything on Brannan Road that is on sewer is one sided brick, stone or stucco with three sided vinyl siding.  Mr. Cameron said with this, he felt he would be pricing out a lot of people.  Also in condition #9, he said in going through the Minutes, Mr. Gibson and Chairman Schafer had stated their recommendation was all lots to be internal to the subdivision, instead of the twenty (20’) foot wide buffer on Palmer Road. 

 

Commissioner Adams stated he could not go along with Mr. Cameron’s request, because he felt the homes should be all sides brick, stone, or stucco. 

 

Commissioner Freedman referenced condition #1, and stated you cannot have a range when quoting a minimum of square footage.  He said it should either be 2,000 square feet or 3,000 square, but not a range. 

 

Mr. Cameron said the minimum should be 2,000 square feet.

 

Commissioner Holman asked about the lot size.

 

Mr. Cameron said the minimum would be 18,000 square feet, which is the minimum for sewer. 

 

Commissioner Harper amended his motion as follows: “fifty (50%) percent of the houses shall have a minimum of 2,000 square foot of heated space, and fifty (50%) percent shall be 2,500 square foot minimum heated space.  Condition #3 will be amended to say eighty (80%) percent of the homes will have four sides brick, stone or stucco; the remaining twenty (20%) percent shall have three sides brick, stone or stucco with Hardiplank backs, and the remaining conditions shall remain.”  Commissioner Holman amended his second.  The motion carried 5-0-0 with Commissioners Harper, Holman, Holder, Freedman and Adams voting in favor.

 

Peach Stand Properties – (RZ-04-18) of Lilburn, Georgia request a rezoning from R-2 (Single-Family Residence) to C-2 (General Commercial) for property located at 3788 and 3798 Jodeco Road, in Land Lot 65 of the 7th District.  The property consists of 1.74 +/- acres, and the request is for a retail establishment.  The Municipal Planning Commission reviewed and recommended denial of the rezoning to C-2 (General Commercial) and approved the rezoning to C-1 (Neighborhood Commercial) on May 27, 2004 with the following conditions:

 

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

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

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

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

6.      6.      Within the required planted buffers of forty (40’) feet and twenty (20’) feet the existing vegetation shall be preserved, and where appropriate, additional vegetation shall be provided for adequate screening.  Additional vegetation shall be comprised of the following plant materials for each fifty (50’) linear feet, or portion thereof, or as determined by the Planning Staff:

·        ·        One (1) Canopy Tree

·        ·        One (1) Evergreen Tree

·        ·        One (1) Understory Tree

·        ·        Five (5) Shrubs.

 

Mr. Dan Brannan of Peach Stand Properties said he needed clarification on the conditions.  He said he had reviewed the approved conditions Commissioner Harper had given him consisting of eleven (11) conditions from the May 27, 2004 Minutes.   Mr. Brannan stated of the eleven (11) conditions, Peach Stand Properties was in total agreement with conditions #11, #7, #6, #5, and #3.  He said he would like to seek modification of several and deletion of one or two.  The eleven (11) conditions submitted by Commissioner Harper are as follows with comments typed in underlined italics made by the Committee Members consisting of Ronnie & Kathy Owings, Bill and Pam Kreamer, Mrs. Pat Austin, Mrs. Helen Berry, Carey Brannan, Georgia & Judy Robinson, and Donna Barney.

 

1.      1.      All buildings shall be constructed of stone, brick, Hardiplank, stucco, glass or any combination thereof or any materials that would maintain a historical nature, excluding vinyl siding.

2.      2.      All signage, not attached to a building, shall be monument-based, not to exceed eight (8’) feet in height, and shall have consistent character and design details that reflect the architectural design of the project.  (No sign, can exceed 32 square feet and can only be lit by exterior means.)  The sign shall be placed at a location that does not interfere with the visibility of traffic entering or exiting the proposed business. 

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

4.      4.      Dumpster(s) shall be gated and enclosed with a three sided masonry wall being consistent with the facade of the building and placed in the rear of the property.     

5.      5.      Acceleration/Deceleration lane to be installed if deemed necessary by the County Engineer and Henry County Department of Transportation.

6.      6.      Left turn lane entrance into site if deemed necessary by County Engineer and Henry County Department of Transportation.

7.      7.      Within the required planted buffers of forty (40’) feet and twenty (20’) feet the existing vegetation shall be preserved, and where appropriate, additional vegetation shall be provided for adequate screening.  Additional vegetation shall be comprised of the following plant materials for each fifty (50’) linear feet, or portion thereof, or as determined by the Planning Staff:

·        ·        One (1) Canopy Tree

·        ·        One (1) Evergreen Tree

·        ·        One (1) Understory Tree

·        ·        Five (5) Shrubs

8.      8.      The applicant is required to place a ten (10’) foot landscaped buffer around the project.

9.      9.      The exterior structure of the building shall be in accordance with the historical design of the surrounding properties or storefront design in keeping with the turn-of-the-century.

10.  10.  A six (6’) foot privacy fence proposed along both sides of the property shall be constructed of wood.

11.  11.  Property not be allowed to operate or be resold for Automobile Service Station, Taxi Office, Package Store, Laundromat, or Indoor Recreation Facility.

          

Mr. Brannan said he would like to break each one down as follows:

 

Condition #1 – a modification is requested.  The addition suggested by the Committee was good, but Mr. Brannan wanted to add another material, ‘metal,’ or change the last portion of the condition after the word, ‘materials’ and say ‘materials consistent with other materials used in buildings within one-half mile of property.’

 

Condition #2 – a modification is requested.  The first and third sentences are acceptable; the second sentence stating, ‘no sign can exceed 32 square feet and can only be lit by exterior means,’ should be removed.

 

Condition #3 – acceptable as written.

 

Condition #4 – acceptable as written, except to remove, ‘masonry wall’ and remove, ‘and placed in the rear of the property.’

 

Condition #5 – acceptable as written.

 

Condition #6 – acceptable as written.

 

Condition #7 – acceptable as written.

 

Condition #8 – remove and replace with ‘the Department of Development Plan Review staff shall approve the design of all proposed landscape plans prior to issuance of the building permit.’  He said referencing all landscape items, he preferred to default to that condition which was in the previous sheet received from Planning and Zoning.

 

Condition #9 – a modification is requested.  Remove the last word in the first line, ‘historical,’ and remove, ‘or storefront design in keeping with the turn-of-the-century.’

 

Condition #10 – a privacy fence along the entire border of the cemetery property has been placed in the plans; but it has been determined the eastern side of the property, from a site plan perspective, has not been concluded that a privacy fence would be the best way to handle that issue. 

 

Condition #11 – acceptable as written.

 

Commissioner Harper stated, for the purpose of discussion, he would approve the rezoning with the eleven (11) conditions as originally stated in the handout.  Commissioner Freedman seconded.

 

Chairman Maddox asked if there was opposition to this request. 

 

Mr. Ronnie Owings, of 3825 Jodeco Road located across the street from the property, said he was representing several of the property owners in the area who would be affected by this rezoning.  Mr. Owings said they were not opposed to commercial coming into the area, but they wanted to safeguard the investments that people have made to revitalize the historic Flippen area.  Many people have taken century old homes and preserved them.  He said their long-term goal was to see this 4/10ths of a mile on Jodeco Road in Flippen be declared a historic overlay district.  The most immediate goal is to make sure no new construction comes in and jeopardizes the potential of this historic area.  He said there are twenty-seven (27) pieces of property in the aforementioned area; sixteen (16) of the twenty-seven (27) are century old homes.   Mr. Owings said C-1 has been known to be ‘neighborhood friendly,’ but after looking at the pictures presented by Mr. Brannan at the Planning and Zoning Meeting, a ‘Dollar General Store,’ in our opinion, cannot aesthetically fit into this historical setting.  Mr. Owings said, “we ask for these eleven (11) design features, which have been set before you (the last page in the booklet), be implemented for the neighborhood.”  Mr. Owings said, referencing the request made by Mr. Brannan in condition #1, the request for ‘metal’ to be used as a building material would not be acceptable based on the neighbors preferring ‘brick’ because it presented a store-front feel to the turn-of-the-century communities.  He said Hardiplank would fit in for a cottage-style look.  Regarding condition #2, Mr. Owings stated he could not see anything else other than the thirty-two (32’) square feet, and he objected to the lights coming from behind the sign (lit up in bright yellow) versus being lit from the outside.  In condition #4, he said the dumpster needed to be in the rear, and in condition #9 they wanted to keep the word, ‘historical’ based on the suggestion of the Planning and Zoning staff.  To give Mr. Brannan more flexibility, he said we have added the words, ‘or store-front designs,’ so that Mr. Brannan would not be locked into Hardiplank in making it look like a cottage to fit into the community.  Regarding condition #10 where discussing the privacy fence, he said the community was opposed to a chain-link fence, and in condition #11, Mr. Owings said these were stipulations placed on him when he came to the community and should be placed on this new construction.

 

Mr. Owings said when looking at the Future Land Use Map, he and the other property owners were asking the Board for help in making sure the potential of this historic community would not be lost in the new construction coming down the road.

 

Commissioner Holman said Mr. Owings’ presentation was outstanding.  He said the opposition’s conditions are ones they will have to live with.  Commissioner Holman said, “you are singing my song – I call it the ‘Roswell’ look; you are aesthetically pleasing, and I like that concept.”

 

Commissioner Holder said he applauded anybody who desires to restore or maintain the integrity or historical values of their community.  He said in the past, Flippen was a very active community with a post office and school and then it went down.  Commissioner Holder said on the flip side of the coin, you have to look at the property rights issue.  He said, “if you needed to sell your property, how would you feel about the conditions and the historical values of the community, if it was your property and you had to make that decision?”  He said that is another side that has to be considered. 

 

Mr. Carey Brannan from Kennesaw, Georgia, said he was concerned about this community.  He said his father built his home with his own hands after World War II, approximately fifty-eight (58) years ago.  He said he was not opposing the commercial zoning, but was opposing the type of building proposed on this property.  Also, he was concerned about the traffic issue and the water run-off.  In reference to the water run-off, Mr. Brannan said from that piece of property there are a series of ditches that have been converted and run to the lower level of his father’s property which could cause flooding or deterioration of the property. 

 

Mr. Leon Forrer who lives at 85 Oak Grove Circle, McDonough, Georgia, said behind the cemetery is a junkyard and he has turned that into Code Enforcement.  A trial will be heard in the Magistate Court, and the owner of the junkyard has asked for a jury trial.  He said, “the more you put in there, the junkier it is going to be.”

 

Ms. Sondra Vincent said she wanted to talk about the importance of this Board maintaining as much of the historical property as possible.  From an economical development standpoint, she said one of the things that we try to do is to represent the County as being a County of rural charm.  Ms. Vincent stated it is vitally important for the Board to support this community in establishing this as a historical district, and it will not distort property value but will enhance it. 

 

Ms. Donna Barney, with the Pregnancy Center in Flippen, stated they are wanting to preserve the integrity of this as a cottage district, and it cannot be done all at one time.  She said there are plans for a large shopping center to be built in this community with a historic look to it.  The theme of the plans has the historic look, and people are looking for that.  

 

Commissioner Harper said he would share the sentiment and his intent would be to have the conditions, if it was going to be approved.   He directed his comment to Mr. Brannan and stated he would not be willing to amend as requested. 

 

Commissioner Holder asked Mr. Brannan with the eleven (11) conditions Commissioner Harper had just read, if he would agree to the eleven (11) conditions. 

 

Mr. Brannan said, “yes.”  He said it would be hard to predict if a “Dollar General Store” would ever be there.

 

Commissioner Holder asked if it would be a “deal breaker” as far as the contract with the property owner.

 

Mr. Brannan answered, “I think it probably would.  I think the contract would not go through.”

 

Commissioner Harper amended the motion to approve the request to C-1 and making condition #10 to say, “brick,” and adding condition #12 to state, “the final design approval will be done by our Development Plan Review Department for them to oversee that all of the conditions are complied with.”  Commissioner Freedman amended his second.  The motion carried 4-1-0 with Commissioners Harper, Holder, Freedman and Adams voting in favor and Commissioner Holman voting against.

 

Resolution Pertaining to the Purchase of Used Vehicles for the Bureau of Police Services.

 

WHEREAS, the Bureau of Police Services has a requirement for used vehicles; and,

 

WHEREAS, funds are available in the Narcotics Fund to complete this purchase.

 

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners authorizes the purchase of used vehicles for the Bureau of Police Services, in an amount not to exceed $135,000.00, and authorizes the Chairman to sign all necessary documents to accomplish this purchase.

 

 

 

This has been a practice for a number of years, to utilize Narcotics vehicles for one (1) year then to be resold and replaced with additional used vehicle.  The used vehicles allow for a variety of makes and models that are necessary during narcotic investigations.

 

This will replace past practices of Purchasing vehicles through an auto auction outside of Henry County.  This will allow for funds to be used within the County, and we will also have a service agreement, whereas on previous purchases vehicles were acquired “as is.”

 

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

 

Commissioner Holman asked Police Chief Henry White how many vehicles will be purchased.

 

Chief White said there are nine (9) vehicles. 

 

Commissioner Holder questioned the legality of buying $135,000.00 worth of used cars without a “bid” and asked the Deputy County Attorney, LaTonya Wiley, her opinion.  He said, “with a sole source, there is nothing stating how it is to be done; it is not at public auction.”

 

Ms. Wiley said, to her understanding, there was not a sole source for the purchase of the vehicles. 

 

Chief White said there were three (3) vendors being reviewed.  He said consideration was given that the Narcotics Squad was looking for vehicles to be used in a clandestine matter.  The vehicles requested were narrowed down to one (1) vendor.

 

Commissioner Harper clarified the resolution was for the acquisition of the vehicles; all surplus vehicles would be handled in the normal manner of putting them into surplus and auctioning them at the end of the year.  He said we are not offering the disposition. 

 

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

 

 

Resolution to Satisfy the End-of-Year (2003-04) Budget.

 

Chairman Maddox offered to read each budget amendment, but the Board agreed that would not be necessary. 

 

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

 

Commissioner Freedman questioned the last item, $650,000.00 in transfer for park land.  The Commissioner said he thought this was done.

 

Ms. Angus said she thought it was Huntcliff property.   She said this is just for housekeeping.

 

Commissioner Adams ‘called the question;’ Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Adams, Holman, Harper, Holder and Freedman voting in favor.

 

Chairman Maddox asked for the vote on the motion to approve the resolution.  The motion carried 5-0-0 with Commissioners Holman, Harper, Freedman, Adams, and Holder voting in favor.

 

PUBLIC COMMENTS:

 

Mr. Bart Royston – Mitchell Road.

 

Mr. Bart Royston, who lives at 10 Carrie Court, Stockbridge, said he had a question regarding the paving of Mitchell Road.  He said he opposed another school opening on a dirt road. 

 

Mr. Michael Harris, Public Works Division Director, said the Department of Transportation is currently in the process to begin work on Mitchell Road.  The plan is to have the road paved prior to the school opening from the entrance of the school back to Jonesboro Road.  Mr. Harris said they are in the process of acquiring right-of-way, and the schedule is to have binder down from Jonesboro Road to the school entrance by the end of July.

 

Mr. Royston asked if this had been discussed with the School Board so that the bus traffic would need to go to Jonesboro Road, not to McCullough Road.

 

Mr. Harris said the School Board had been notified of the plans.

 

Ms. Angus stated the bus routes are the School Board’s decision, not ours.

 

Commissioner Freedman said the County is realigning McCullough Road and straightening out some of the curves. 

 

Mr. Royston asked if the plans are still in effect to have McCullough Road dead-end at Jonesboro Road.

 

Commissioner Freedman responded, “not right now.”

 

Mr. Royston asked if a stop sign would be installed at McCullough Road and Mitchell Road because that is a dangerous intersection.

 

Mr. Harris said that intersection will be realigned to bring it to a “T” intersection, and hopefully will be completed before school starts.  Mr. Royston stressed a stop sign was needed as soon as possible, because students and buses travel heavily at the intersection and he is fearful of accidents occurring. 

 

Chairman Maddox asked Mr. Harris to look into making that intersection a 3-way stop, if the road has not been realigned by the time schools starts.

 

 

Mr. Dick Arpearian

 

Mr. Dick Arpearian, who lives at 602 Arlington Circle, stated he had delivered a letter to Mr. Danny Taylor, Economic Development Division Director, voicing an objection to something that is happening outside of Mr. Arpearian’s subdivision.  He said he is speaking for himself, not for the subdivision.  The property in question is 3359 Jodeco Road on the County line of Henry and Clayton.  Looking at a 1966 map, he stated at this location there has been a Little General Store, then a Circle ‘K’ and today is an Amoco Station.  He said the issue is that particular piece of property had a house on it built in 1935.  The official County map, in his opinion, is contradictory based on the scale of the map.   Mr. Arpearian said what they would like to establish is the gas station for years has been carried on the books as being ‘residential’ and the home as C-2.  He said the property has been cleared and the home no longer exists.  The property has been graded and the property was bought for $70,000.00.  Mr. Arpearian stated he wanted to bring to the Board’s attention that they (the Board) were facing a potential lawsuit, either from him or from the people developing it.  He recommended the Board issue a ‘stop work order’ before anyone puts any more money into it because this issue could become very complicated.   He said this could be an added expense to the County.

 

Commissioner Freedman said he wanted to explain exactly what the issue is.  “The lot was cleared and abuts a subdivision; it had a house and was residential; our staff told them it was commercial based on a 1966 Land Use Map.  Years ago, when zonings changed, people used to pencil in changes and someone penciled in and you cannot tell where the commercial is. Someone bought the property and is now putting in a strip center backing up to a bunch of houses in the subdivision.  Staff gave them a variance on a forty (40’) foot buffer on top of that.  The subdivision is very upset, and what they are asking for is a ‘stop work order’ until the matter is resolved.   If we have some liability where our staff told them it was commercial, and indeed it was because the Land Use Map is incorrect, everyday they progress on this is a day that will cost the County if we have to undo it. 

 

Ms. LaTonya Wiley, Deputy County Attorney, said she would like to address the issue in Executive Session based on ‘potential litigation.’

 

Mr. Arpearian read a paragraph in the County Ordinance, “where there is any conflict between text and any captioned illustration or graphic presentation, the text shall control.”  He said he had asked Mr. Taylor and his staff to present something in writing.  He stated a squiggly thing on a map does not look professional, and it predates all of the current staff.  He said that nothing personal should be taken.  He also asked for a letter or Minutes of any meeting verifying this property is C-2. 

 

Commissioner Holman made a motion for the Agenda to be amended to put three (3) resolutions from the SPLOST Department and to be placed under item VII – Agenda Amendments/Emergency Agenda.  He recommended them to be labeled as follows:

 

·        ·        Flippen/Walt Stephens/Red Oak     -           item VII-C

·        ·        Eagles Landing Bridge/I-75             -           item VII-D

·        ·        Woolsey Road Bridge                                -           item VII-E

 

 

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

 

Commissioner Harper moved to approve the three (3) resolutions labeled C, D, and E per Commissioner Holman’s motion.  Commissioner Holman seconded.   The motion carried 5-0-0 with Commissioners Harper, Holman, Adams, Freedman and Holder voting in favor.

 

COMMISSIONER(S) COMMENTS.

 

Commissioner Holman said the Board forgot to add a running Agenda item for SPLOST.

 

Mr. Harris apologized and said he thought that was what the last one was, and said he would submit the resolution prior to in the future. 

 

APPROVAL OF MINUTES.

 

Commissioner Holman made a motion to approve the Minutes of May 11, 2004 Called Meeting, May 13, 2004 Called Meeting, and June 1, 2004 Regular Board of Commissioners Meeting.  Commissioner Freedman seconded.  The motion carried 5-0-0 with Commissioners Holman, Freedman, Harper, Holder and Adams voting in favor.

 

 

UPCOMING MEETINGS.

 

July 5, 2004     Monday           4th of July Holiday Observed (No BOC Meeting)

 

July 6, 2004     Tuesday           9:00 A.M. Regular Board of Commissioners Mtg.

 

July 14, 2004   Wednesday      6:30 P.M. Called BOC/BOE Meeting at new

                                                Board of Education Building

 

July 19, 2004   Monday           9:00 A.M. Regular Board of Commissioners Mtg.

 

July 20, 2004   Tuesday           BOC – Cancelled due to Primary Election

 

 

Commissioner Adams moved to adjourn into Executive Session, in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters.   Commissioner Holman seconded.  The motion carried 5-0-0 with Commissioners Adams, Holman, Holder, Freedman and Harper voting in favor.

 

 

                                    (An Executive Session was held.)

 

 

Commissioner Adams made a motion to reconvene into Public Session; Commissioner Holder seconded; the motion carried 4-0-0 with Commissioners Adams, Holder, Harper and Holman voting in favor.  (Commissioner Freedman did not attend the Public Session when reconvened.)

 

Commissioner Harper moved to approve the affidavit in support of the Chairman; Commissioner Holman seconded; the motion carried 4-0-0 with Chairman Maddox, Commissioners Harper, Holman, and Holder voting in favor.  (Commissioners Freedman and Adams were absent.)

 

Commissioner Harper moved to approve a resolution for the purpose of approving and authorizing economic incentives for Economic Development Project called Trammell Crowe (Lucy) as presented by the Henry County Development Authority; Commissioner Holman seconded; the motion carried 4-0-0 with Chairman Maddox, Commissioners Holman, Harper and Holder voting in favor.

 

Commissioner Harper made a motion to amend the Agenda and to also approve a resolution for the purpose of approving and authorizing an economic incentive and development project designating Trammell Crowe (Alpha) presented by the Henry County Development Authority; Commissioner Holman seconded; the motion carried 5-0-0 with Chairman Maddox, Commissioners Harper, Holman, Adams, and Holder voting in favor.

 

Commissioner Holman moved to amend the Agenda and adopt a resolution of Henry County Board of Commissioners denying the petition of Michael Tate for review of decision of the County Manager; Commissioner Holder seconded; the motion carried 5-0-0 with Chairman Maddox, Commissioners Holman, Holder, Adams and Harper voting in favor.

 

Commissioner Harper moved to adjourn at 10:05 P.M.; Commissioner Adams seconded; the motion carried 5-0-0 with Chairman Maddox, Commissioners Adams, Harper, Holder, and Holman voting in favor.

 

                                                            Leland Maddox, Chairman

 

Peggy L. Malcolm, Deputy County Clerk

 

 

 

Copyright © 2004 Henry County Board of Commissioners