The Henry County
Board of Commissioners held a Regular Public Meeting at 6:30 p.m., Tuesday,
September 21, 2004, in the Community Room,
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; Patrick Jaugstetter, County Attorney; Susan B. Craig, County Clerk; Rob Magnaghi, Deputy County Manager and Public Safety Division Director; Michael Harris, Public Works Division Director; and others.
Chairman Maddox called the meeting to order and stated there are three (3) items on the Agenda that have been postponed:
1.
First Southern Development – RZ-04-22 – property
located at
2.
Barbara C. Thomas – RZ-04-26 – commercial zoning
at
3.
E. Earl Warrington – RZ-04-30 – property located
at the southwest corner of
Chairman Maddox asked for an Acceptance of the Agenda. Commissioner Holman made the motion to accept the Agenda with the addition of a resolution for District IV Priority Funds to be added as XIV-A; Commissioner Adams seconded. The motion carried 5-0-0 with Commissioners Holman, Adams, Holder, Harper, and Freedman voting in favor.
Veterans of Foreign
Wars Day
September 29, 2004
WHEREAS, this nation is kept strong and free by the loyal citizens who preserve our precious freedom heritage through their positive patriotic declaration and actions; and
WHEREAS, all loyal citizens should make it their duty to inspire complete patriotism among all of our peoples; and
WHEREAS, we urgently need a vigorous display of true red, white and blue Americanism, thus convincing friends and foes alike that our nation is firmly united for self preservation;
NOW THEREFORE BE IT RESOLVED, the Henry County Board of Commissioners, hereby concur with the State Legislature in designating the Twenty-Ninth day of September, 2004 as Veterans of Foreign Wars Day. Celebrated throughout the State and County, we urge every individual, school, church, organization, business establishment and households within our official jurisdiction to publicly reaffirm their strong allegiance to our Flag, Country and men and women in uniform, through active participation in patriotic programs being sponsored by the Veterans of Foreign Wars of the United States and its Ladies Auxiliary, and others on VFW Day, September 29, 2004.
Commander Warren
D. Park said VFW is comprised of veterans who fought for this Country, but basically
they are average, everyday people. They
were put in a situation, and they rose to the occasion. He said they served the Country oversees, and
as the VFW, they also try to serve the Country and the community
especially.
Commissioner Freedman asked for all the veterans in the audience to stand. (The veterans received applause.)
REQUEST TO APPEAR BY MR. & MRS. KILPATRICK
REGARDING THE
This project has currently been designed for four (4) lanes. Chairman Maddox asked for Mr. and Mrs. Kilpatrick to come forward, but they were not in attendance.
PUBLIC HEARING:
REQUEST APPROVAL OF
The Henry County
Department of Transportation has filed with the Board of Commissioners a
Petition for Partial Abandonment of a portion of a public road known as
Commissioner Holman made the motion to approve the request; Commissioner Freedman 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 Holman, Freedman, Holder, Harper, and Adams voting in favor.
ADMINISTRATIVE APPEAL:
Mr. Cary Bunn
of
Commissioner Holman made a motion to approve; Commissioner Holder seconded.
Mr. Steve Schafer, Development Plan Review Director, stated the Ordinance calls for a corner lot in a development to be fifteen (15’) feet greater in width than the interior lots. This was established so that a house could be turned in either direction facing the street. Mr. Schafer said in February, the same thing arose and the Board agreed to allow development without the additional fifteen (15’) feet on the corner lots. He said they are asking for this to be done again at this time.
Commissioner Holder said the new Ordinance being proposed would eliminate this on anything except R-3 lots. Regarding R-3, the lots are small and tight, and the houses may not be able to be positioned either way. But on the handout, Mr. Elliott drew it in where either one of these houses on these lots could be positioned either way. He is not asking for access on both streets, just on one. Commissioner Holder said he did not think it would be affected with one-hundred, twenty-five (125’) foot lots.
Mr. Schafer said they are asking to develop it with one condition change, that they not meet that requirement and have the additional fifteen (15’) feet on the corner lots.
Commissioner Holman withdrew his motion and Commissioner Holder made a subsequent motion that it “can be” developed without meeting Section 3-8-107 of the Subdivision Ordinance; Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Holder, Holman, Harper, Freedman, and Adams voting in favor.
REQUEST APPROVAL TO MODIFY THE DISTRICT IV DOT
PRIORITY LIST BY ADDING THE RESURFACING OF SELECT STREETS IN BOTH THE WINDSONG
The Commissioner for District IV, along with DOT
Staff, has inspected the streets within District IV, and it was determined that
select streets in both the Windsong Plantation Subdivision and the Highland
Village were in need of repair. The
total cost to complete these repairs will be capped at a not to exceed amount
of $125,000 from the DOT District IV Priority Fund. This would increase the total allocation to
approximately $850,000 out of the $1,200,000 total available funds.
Commissioner Adams made the motion to approve the
request; Commissioner Holman seconded.
The motion carried 5-0-0 with Commissioners Adams, Holman, Freedman,
Harper, and Holder voting in favor.
CONSIDERATION OF A CONSENT ORDER / REZONING:
Hayes Development – RZ-02-73.
WHEREAS, Hayes Development (RZ-02-73) of
Fayetteville, Georgia has applied for a rezoning from RA (Residential
Agricultural) to R-2 (Single-Family Residence) to develop a new single-family
residential subdivision, located in Land Lot 60 of the 7th District,
at 602 Campground Road; and
WHEREAS, all County and State requirements for
legal advertisement and a public hearing have been met; and
WHEREAS, the Planning & Zoning Staff for
WHEREAS, the Henry County Municipal Planning
Commission reviewed and recommended approval of the request on June 5, 2003;
and
WHEREAS, the Board of Commissioners denied the
request at its meeting of August 19, 2003; and
WHEREAS, the Board of Commissioners has
approved a Consent Order which calls for the request to be reconsidered by the
Board of Commissioners; and
WHEREAS, the Consent Order so approved calls
for the property to be zoned R-2 subject to certain conditions as enumerated
below;
NOW, THEREFORE, BE IT RESOLVED that in
accordance with the Consent Order in the case styled Hayes Development Corporation v.
1.
The minimum house size (heated space) shall be 2,100
square feet.
2.
The overall net density of the subdivision shall not
exceed 2.0 dwelling units per acre if on sewer.
3.
The homes shall be built on-site (no modular or
manufactured homes), with the two (2) car garage standard.
4.
The developer shall install sidewalks on both sides
of the street.
5.
All yards shall be sodded to the rear drip line of
the homes.
6.
Underground utilities and streetlights shall be
required.
7.
All sides of all homes shall consist of brick or
stone, or any combination thereof. Vinyl
siding is prohibited; no alternative siding may be used for the fireplaces.
8.
The development will have a thirty foot (30’)
undisturbed buffer along the east, west and south property line adjacent to the
Lakehaven Subdivision. In areas where
the land is devoid of natural buffer, the developer will plant evergreens as
needed to maintain a dense screen.
9.
The developer shall install a six-foot (6’) high
decorative privacy fence around the perimeter of the existing furniture shop.
10. Prior to
issuance of any permits for lots adjacent to Lakehaven Subdivision, the
applicant shall submit a proposed landscape plan that must receive written
approval from the Development Plan Review Department prior to installation.
11. The
developer shall install acceleration and deceleration lanes in accordance with
Henry County Department of Transportation construction standards.
12. The
detention pond shall be properly buffered and fenced.
13. There shall
be no clear cutting of trees on this site.
14. No building
permits shall be issued until improvements to
15. Lots that
border the east, west and south boundaries of the property, i.e. those abutting
Lakehaven Subdivision, will have side entry garages unless the lot has
something unique about it (e.g. the dimensions, topography, etc.) that would
prevent same. The Planning and Zoning
staff or Plan Review Department shall be given authority to make such a
decision administratively.
Commissioner Harper made the motion to approve the
resolution; Commissioner Holman seconded.
Chairman Maddox asked if there was any opposition to
this request.
Mr. David Spain, who lives at
been determined how the sewer
line would be hooked up. He asked how
ninety-three (93) houses can be built with no access to a sewer line. He said there are a couple of lots with wet
areas where houses cannot be built. Mr.
Mr. Edwin Olsen, who lives in Salem Ridge
Subdivision, reminded the Board of the traffic problem that already
exists. He said
Ms. Linda McDonald, who lives on the corner, said she
owns one acre and according to the map, she will have eight (8) back yards on
one side of her home, and two (2) back yards on the other side. She said this reminded her of apartment
living. She stated each afternoon her
driveway is blocked with traffic, and every morning, it takes her thirty (30)
minutes to drive from her house to the expressway in getting to work. Ms. McDonald said there are two (2)
underground springs on the subject property, and it is a home for
wildlife. She stated she does not want
the area destroyed.
Ms. Darlene Dunn said she lives on
Mr. Rex Nales, who lives at
Mr. Bruce McFarland, representing Hayes Development,
stated they do have a sanitary sewer easement in place that was provided to the
County. As far as the other requests,
Mr. McFarland said he understood the concern of additional traffic, but he
thought this would be a good subdivision and good for the County. He said it will not be a great imposition on
traffic anymore than any other subdivision would be. Mr. McFarland said the houses in this new
development would be
compatible with the Lakehaven Subdivision homes with the cost of a home
starting in the low $200,000’s.
Commissioner Freedman asked Mr. McFarland if he had a
layout of where the sanitary sewer would be placed or connected.
Mr. McFarland said he did not have a layout, but did
have proof of whose property they would be going through. He said the sewer easement would not be going
through Mr. David Spain’s property.
Commissioner Holman referenced #9 of the conditions
and questioned the six (6’) foot privacy fence.
He wanted to add to that condition the words, “prohibit wood,” so that
it would be maintenance-free.
Commissioner Holder referenced ninety-three (93)
homes on fifty (50) acres of land, and asked what would be the smallest lot
size proposed in this subdivision.
Mr. McFarland answered, “nothing less than 18,000
square feet.”
Mr. Jaugstetter,
Commissioner Freedman said it is important to mention
the net lot size cannot exceed two (2) units per acre, that is after the roads,
the wetlands and all undeveloped area are taken out. He said that is almost a 22,000 square foot
lot (1/2 acre lot), and no building permit can be issued until
Commissioner Harper amended condition #8 as follows:
“the development will have a thirty (30’) foot undisturbed buffer along the
east, west and south property lines.” In
condition #9 change it to read, “The developer shall install a six (6’) foot
high decorative privacy fence with a substance other than wood around the
perimeter of the existing furniture shop and Ms. McDonald’s property lying to
the west.” Referencing condition #15,
change to read, “Lots that border the east, west and south boundaries of the
property will have side entry garages unless the lot has something unique about
it (e.g. the dimensions, topography, etc.) that would prevent same. The Planning and Zoning staff or Development
Plan Review staff shall be given authority to make such a decision
administratively.” Commissioner Holman
amended his second. The motion carried
5-0-0 with Commissioners Harper, Holman, Holder, Freedman, and Adams voting in
favor.
MODIFICATION TO A ZONING CONDITION:
WHEREAS, G & G Land Development (MC-04-04) has applied for a Modification
to a Zoning Condition for property located in Land Lot 73 of the 7th District,
along the eastern side of Elliott Road, to the west of Sutton Place
Subdivision; and
WHEREAS, all County and State requirements for legal advertisement and a
public hearing have been met; and
WHEREAS, the Planning & Zoning Staff for
WHEREAS, the Municipal Planning Commission of Henry County, on August 12, 2004
reviewed and recommended approval of the request; and
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners of Henry County approves the modification to
condition number 3 as follows:
3.
The
homes shall be built on-site (no modular or manufactured homes), with two
(2)-car side entry garages required on homes less than 3,500 heated square feet
and two (2)-car side entry or front entry garages are allowed on houses that
are 3,500 heated square feet or larger.
Chairman Maddox asked if there was any opposition to this request; there was no response.
The motion carried 5-0-0 with Commissioners Harper, Adams, Holder, Freedman, and Holman voting in favor.
REZONINGS:
C & N Development – RZ-03-54.
WHEREAS, C & N Development (RZ-03-54) has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for the development of a residential subdivision, for property located on the north side of East Lake Road, in Land Lots 7 and 8 of the 7th District (Parcel ID Numbers 103-02040000, 103-01018006 and 103-01018500) containing 60.371+/- 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
WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended denial of the request on February 26, 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 for discussion purposes; Commissioner Holman seconded.
Mr. Gee Harvey with Dillard & Galloway stated he represented C & N Development. He passed out 27 pictures of the subject property, the three (3) schools located nearby that are visible from subject property, the new church being built adjacent to the property, and pictures of the subdivision (Smithfield Estates) located directly across East Lake Road from the subject property. For the record, Smithfield Estates is zoned R-1 with R-2 development standards. Mr. Harvey passed to the Board members the zoning conditions that he prepared, and should the Board elect to approve the application, he asked for it to be rezoned R-2 subject to the seven (7) listed conditions:
1. All utilities shall be underground.
2. There shall be no vinyl or aluminum siding used within the development.
3. All single-family detached houses located within the development shall have exteriors of brick, stone, stucco or other masonry; hardi-board or hardi-plank siding (or some other cement siding); clapboards; shakes or shingles; or some combination of these materials.
4. There shall be no more than 100 single-family detached houses built on the property.
5. Each house shall have a minimum of 2,200 square feet of floor space.
6. There shall be a mandatory homeowners association established by the developer that shall oversee the maintenance of all common areas of the proposed subdivision.
7. The front and side yards of each lot shall be sodded.
Mr. Harvey said the gross density would be 1.6 units per acre and the net density (back out pond and buffers) would be 1.9 units per acre, and this would be under 2 units per acre.
Mr. Harvey gave
an overview of why this property should be rezoned R-2. The Joint Comprehensive Development Plan
calls for it to be agricultural and is estate residential. He said this property is not located in an
agricultural or estate residential area. It is on
Chairman Maddox
asked the distance from
Mr. Harvey answered, “1,262.63 feet.”
Chairman Maddox asked how wide it is.
Mr. Harvey answered, “198.75 feet along the road frontage.”
Chairman Maddox said there will only be one entrance in and one entrance out, and he has a problem with that. With so many houses to be constructed, he was focusing on the safety issue.
Commissioner Adams questioned why the homes were not planned to be constructed total brick, based on the price range of the houses.
Mr. Harvey
responded, “my experience has been with other clients in subdivisions where it
has to be 4-sides brick, without a lot of variation, it becomes difficult to
market the houses. An example is the
City of
Commissioner Adams said he would like to see it used for accents.
Mr. Harvey said they could amend it to address accents, gables, soffits, etc.
Commissioner Freedman referenced Smithfield Estates and asked if they were 4-sides brick.
Mr. Harvey said they are not.
Commissioner
Mr. Harvey said
the widening of
Commissioner Adams asked if there was anything that can be done regarding the density.
Mr. Harvey said they originally applied for more than 100 units; but have reduced that to two (2) units per acre. The property consists of a little over sixty (60) acres, with net acres being 52.28. Because of sewer constraints or development issues, there could be less than 100 houses.
Commissioner Holder asked, with the exception of Smithfield Estates, where is the closest ‘true R-2’ subdivision on sewer to the subject property.
Mr. Harvey said
about one-half (1/2) mile down Hwy. 155 towards McDonough. He said this property is suitable for R-2,
based on the location and proximity to the schools, the church and the
intersection of Hwy. 155 and
Commissioner Holder stated any time a sewer line is established, it is the catalyst for increased density and more growth. He said he understood the people in that area wanted to maintain the integrity of that community, but with the activity going on around it, he thought the integrity could still be maintained. “To say there is going to be farmland for years to come, I cannot see that happening.”
Commissioner
Holman asked how many feet are needed for an accel/decel lane on
Mr. Ray Gibson, Assistant Director of Planning and Zoning, said he did not have the answer at this time, but he would find out and inform the Commissioners.
Chairman Maddox asked if there was any opposition to this request.
Ms. Sandra
Phillips, who lives on
Ms. Cindy Price,
who resides off
Mr. Randy Boyd
said at 7:30 a.m. this morning a large amount of traffic was already forming
looking east on
Mr. Boyd stated on May 18th, Mr. Harvey stated the Planning Commission recommended denial solely because the property is served by the Springdale Wastewater Treatment Plant, and is currently under a moratorium, and Mr. Boyd said they do not believe that is a valid reason for denying this zoning. He said at the Commissioner Meeting the moratorium, lot sizes, alleviation of traffic, the number of entrances and the overcrowding of schools were discussed. Mr. Scott McCarter, Vice-Chairman of the Planning Commission, recommended denial based on this project not being on the Future Land Use Plan Map, and Ms. Dawn Davis seconded the motion, and the motion carried by a vote of 5-0, causing the project to be denied.
Mr. Boyd said the Board passed a resolution of a Georgia Stormwater Management Manual, Volume I and II on April 5, 2000. He said in the manual, it talks about flood plain areas and buffers with twenty (20) criteria set forth, and the design of this project does not meet any of the criteria. He said all they have done in their design is try to pack as many lots as they could on that piece of property.
Mr. Harvey said, “as far as the Stormwater Management Manual, we are not asking for any variances from the manual or any Stormwater requirements; therefore, I do not think that is an issue and irrelevant to what the Board is considering. I have given to Commissioner Holder a copy of the staff report prepared for the Smithfield Estates Subdivision. They applied for R-2 for one-hundred, twenty-three (123) lots; the reason they have fewer units is because they were not able either to obtain sewer or determined it was too costly for them to do that. Therefore, they developed it under the R-2 criteria, but on septic tank where it has to have 30,000 square foot minimum lots. With sewer, you can have 18,000 square foot minimum lots. When I asked for this property to be treated the same as Smithfield Estates property, I am not being disingenuous and am not trying to deceive anybody. The difference is this property is going to be on sewer where the other is not. We are asking for the exact same thing they were given in the development criteria.”
Mr. Boyd said he and those he represents ask they be given the exact same things – R-2 with sewer, but limit the dwelling units per acre to one (just like the Land Use Map calls for). He stated, “we ask that you zone it R-2 with sewer, not to exceed sixty-two (62) lots. The Land Use Map does not support what they are trying to obtain. The staff of the Planning and Development Department does not support this project; the Planning Commission (by 5-0 vote) does not support what they are proposing. The new Stormwater Management Manual does not support it, and the residents in the area are against it.”
Commissioner Holman asked for clarification of the motion on the floor. Chairman Maddox said the motion is to deny. The motion carried 4-1-0 for denial with Commissioners Adams, Harper, Holman, and Holder voting in favor and Commissioner Freedman voting against.
Johnny Cool – RZ-04-25.
WHEREAS, Johnny Cool (RZ-04-25) has applied for a rezoning from RA
(Residential Agricultural) to C-2 (General Commercial) to permit the
development of a commercial subdivision, for property located at 70 and 80
Price Quarters Road, Land Lot 6 of the 7th District (Parcel ID#(s)
103-02-024-000 and 103-02-023-500) consisting of 12.64 +/- 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
WHEREAS, the Henry County Municipal Planning Commission reviewed and
recommended approval of the request on July 22, 2004; and
NOW, THEREFORE, BE IT
RESOLVED THAT the Henry
County Board of Commissioners approves the rezoning request with the following
conditions:
3. A detailed
landscaping plan shall be submitted and shall exceed the minimum requirements
of the ordinance by including heavy landscaping throughout the entire site. All
parking rows shall have a minimum of three (3) landscaped islands. The Department of Development Plan
Review shall have final approval of the plan prior to the issuance of any
permits.
Commissioner
Harper made the motion to approve the resolution for discussion purposes;
Commissioner Adams seconded.
Mr. Henry Lilburn, Mr. Johnny Cool’s partner,
thanked the Planning and Zoning staff for their help in creating a plan, and
secondly, to the neighborhood for raising ideas and thoughts and allowing them
to create this commercial project in a fashion where it will not interfere with
the Crown Corners Subdivision. He said
this project is directly opposite the
Commissioner Harper interrupted and stated
the intent was for 3-sides to be brick, but the back could be stucco (the
cheaper of those alternatives).
Mr. Lilburn said he did not have any problems
with the detailed landscaping plan and no problems with the exterior
lighting. He said he would accept
underground detention if there is a place to put it, after it has been put
underground. His understanding from the
Water and Sewer Authority is should they not allow Stormwater in the new
sanitary sewer, he would request allowance to do a well-screened above ground
detention pond. He stated he had no problems with the dumpsters, no problems
with the Master Sign, and agreed with the sewer service being available. Mr. Lilburn requested clarification
concerning condition #9 as it related to SPLOST. He also stated their plans include installing
Leland Cypress trees across the back, blocking both light and sound. Concerning any traffic problems, he stated he
would like to commit, if a median can be cut at the western end of this
property across the new and improved Price Quarters/East Lake, to having no
road access and no truck access whatsoever on Crown Corners Road.
Commissioner Adams asked if Mr. Lilburn would
maintain the Leland Cypress trees. Mr.
Lilburn’s answer was “yes.”
Chairman Maddox asked if there was any
opposition to this request.
Mr. Randy Bradberry, a resident of Crown
Corners Subdivision, said the neighbors were willing to work with Mr. Lilburn,
but were trying to protect their investments.
He said traffic is already a serious problem, and he was hopeful the
future traffic pattern would not cause increased congestion. Mr. Bradberry said he wanted to thank the
Planning and Zoning Committee for their help and support.
Mr. Howard Mims, whose home backs up to this
development, said he would like to see the road built, but he did not want a
grocery store at that location. He said
he would prefer a strip mall with doctors’ offices, etc. He said he thought in the last meeting, a
brick wall was promised. Mr. Mims said
the traffic will be terrible, even with the 4-lanes. Regarding the Public Hearing sign, it was his
understanding the sign must be posted a minimum of fifteen (15) and no more
than forty-five (45) days. The sign was
originally installed on the 25th and disappeared. Then the sign went back up on the 16th,
which is less than fifteen (15) days of posting.
Mr. Jaugstetter said if it was at least
fifteen (15) days prior to the day and no more than forty-five (45) days prior
to the day, and it was removed, which does not void the sufficiency of the
posting. He said if it was up during the
period between fifteen (15) and forty-five (45) days prior to, it is legal.
Mr. Phillip Weston, a resident of Crown
Corners Subdivision, stated his concern was the safety for the residents to
exit the subdivision. There is only one
(1) entrance in and out of the subdivision, and he requested a traffic light at
their intersection for residents to be able to turn left safely to the school
and other places.
Mr. Tony Moore, and Mr. John Burton,
residents of Crown Corners Subdivision, stressed emphasis on the cut-through,
the wall surrounding the property to be made of brick, to have the building
constructed of 4-sides brick, and for the developer to honor all of his
promises to create something esthetically pleasing, residential friendly, and a
safe project.
Commissioner Freedman said there is something
called “LCI” which is a mandate passed by the State and Federal Governments
that demands connectivity. He stated
this type of connectivity is essential at this location for safety reasons, and
he thought the Planning Staff may require this, because LCI is a mandate handed
down.
Ms. Kimberly Smith, Planning and Zoning Director, stated this is a grant, not a mandate.
Mr. Ray Gibson asked for clarification regarding condition #1 concerning the masonry wall and the forty (40’) foot buffer. He asked if the Board was planning to reduce the buffer to twenty (20’) feet.
Chairman Maddox said in the past in this situation, a forty (40’) foot buffer has not been required.
Commissioner Harper asked Mr. Lilburn if he was asking for a twenty (20’) foot buffer.
Mr. Lilburn answered, “yes; the homeowners wanted height and density.”
Mr. Mims responded that he did not trust a thing Mr. Lilburn says; he (Mr. Lilburn) had agreed to the forty (40’) feet in past Town Hall Meetings with the homeowners. He felt this man was going to do whatever he pleases, and that was the bottom line.
Chairman Maddox
reassured Mr. Mims the developer will have to go by the building code of
Commissioner Harper said, “we typically do not construct a forty (40’) foot buffer on a commercial development.”
Mr. Mims said he understood, but that was an offer from Mr. Lilburn to the residents.
Commissioner
Harper amended his motion as follows: “Condition #1 will be amended; the way it
reads currently will require a brick wall.
This will be amended, leaving everything the same; strike the sentence
that says, ‘the wall is to be constructed of materials consistent
therewith,’ and insert, ‘said wall can be made of brick pillars with
eight (8’) foot sections of non-wood, maintenance-free materials.’ Continue the sentence, ‘and placed at
applicable property lines.’ Strike, ‘the
masonry wall shall consist of brick that is consistent with the exterior of the
wall.’ Insert, ‘Leland Cypress
trees or similar Evergreen wall-type trees shall be planted a height with a
minimum of eight (8’) feet tall on the property line side portion of the fence,
which shall be replaced should they die.’
In Condition #2, strike the word, ‘stucco,’ and across the street
is a brick Kroger, so this will be brick and stone, as well. In Condition #5, ‘underground detention
facilities shall be required, if a detention pond is not constructed,
containing proper fencing and Evergreen buffering,’ and this will give an
option of having a detention pond, but it has to be properly buffered with
Evergreen material and fence. Condition
#9 will be clarified to read, ‘a Certificate of Occupancy will not be issued
prior to the Price Quarters
Commissioner Adams asked if the backside of the store would be brick. Commissioner Harper responded instead of building a brick back and a brick wall, the wall will be maintenance- free and the back will be brick (4-sides brick or stone).
Commissioner Harper said, “I left the forty (40’) foot buffer in there, because we would have to get into limiting your hours of delivery.”
The motion carried 5-0-0 with Commissioners Harper, Holman, Adams, Freedman, and Holder voting in favor.
Carol L. Garner – RZ-04-28.
WHEREAS, Carol Garner (RZ-04-28) has applied for a rezoning from RA
(Residential Agricultural) to C-2 (General Commercial) to permit the
establishment of office space, for property located at 953 and 971-973 Highway
42 North, Land Lot 93 of the 7th District (Parcel ID#
090-01-008-000) consisting of 12.74 +/- 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
WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended
approval of the request on July 22, 2004; and
NOW, THEREFORE, BE IT
RESOLVED THAT the Henry
County Board of Commissioners approves the rezoning request with the following
conditions:
1. The primary ground signage shall consist of a
monument-based sign, constructed of brick, stucco, stone or any combination
thereof, and should not exceed eight feet (8’) in height.
2. An exterior lighting plan shall require all
lighting to be of moderate brightness and consist of downcast lighting.
3. Dumpster(s) shall be placed on a concrete pad
and enclosed on three (3) sides. The enclosure should be constructed of brick,
stone, stucco or any combination thereof provided it is consistent with the
primary structure, and shall not exceed eight feet (8’) in height.
4. Development Plan Review Department staff
shall approve the proposed landscaping plan prior to the issuance of a building
permit.
Carol
Garner stated she would like to have this land zoned to C-2, so that structures
located on the property can be used as office space. The majority of the surrounding property is
zoned industrial and commercial, and this property is also in compliance with
the Future Land Use Map.
Chairman Maddox asked if there was any
opposition to this request; there was no response from the audience.
Commissioner Harper made the motion to
approve the resolution; Commissioner Adams seconded. The motion carried 5-0-0 with Commissioners
Harper, Adams, Holder, Freedman, and Holman voting in favor.
AGENDA
AMENDMENTS / EMERGENCY AGENDA ITEMS:
There were
no amendments or items to be discussed.
PUBLIC
COMMENTS:
Mr. Jimmy Moseley stated it has been said
Moseley Farms is holding up Price Quarters Road extension. He said over a year ago, he signed an
affidavit and it should be in the
Commissioner Harper said it was not Mr.
Moseley’s fault that the road was held up.
He said the County does not need to be Purchasing property it does not
need.
Chairman Maddox said the design of the road
is complete. He asked if this is
something that has come up recently or when it first started.
Mr. Moseley said it was around May of last
year.
Chairman Maddox asked Mr. Lynn Bledsoe,
SPLOST Program Manager, to meet with Mr. Moseley and show him the diagram and
right-of-way at the SPLOST Office.
COMMISSIONER(S)
COMMENTS:
Commissioner Adams said he needed to amend
the Agenda because he had a confirmation on his DFACS appointment. Commissioner Adams made a motion out of
public necessity to amend the Agenda and approve the nomination of Ann
Grimes as the District IV DFACS Board appointment. Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners
Adams, Holman, Freedman, Harper, and Holder voting in favor.
APPROVAL OF
MINUTES:
Commissioner Holman moved to approve the
August 30, 2004 Minutes; Commissioner Harper seconded. The motion carried 4-0-1 with Commissioners
Harper, Holder, Freedman, and Adams voting in favor, and Commissioner Holman
abstained due to absence of the meeting.
Commissioner Holman moved to approve the
August 17 and August 24, 2004 Minutes; Commissioner Harper seconded. The motion carried 4-0-1 with Commissioners
Harper, Holder, Adams, and Holman voted in favor, and Commissioner Freedman
abstained due to absence of the meeting.
Commissioner Holman moved to approve the
September 8, 2004 Minutes; Commissioner Harper seconded. The motion carried 5-0-0 with Commissioners
Harper, Freedman, Holman, Holder, and Adams voting in favor.
UPCOMING
MEETINGS:
10/04/04 Monday 9:00 A.M. Regular Board of Commissioners Meeting
10/05/04 Tuesday 9:00 A.M. Regular Board of Commissioners Meeting
10/09/04 Saturday 9:00 A.M.
10/13/04 Wednesday 6:30 P.M. Quarterly
Meeting with the Board of
Education
(Held at the Board of Education
10/18/04 Monday 9:00 A.M. Regular Board of Commissioners Meeting
10/19/04 Tuesday 6:30 P.M. Regular Board of Commissioners Meeting
Commissioner Holder made the motion 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,
(An
Executive Session was held.)
______________________________________________________________________________
Commissioner
Harper made a motion to reconvene into Public Session; Commissioner Holman
seconded; the motion carried 4-0-0 with Commissioners Harper, Holman, Holder,
and Adams voting in favor, and Commissioner Freedman did not vote due to
absence.
Commissioner Harper made the motion to
approve the Executive Session affidavit in support of the Chairman;
Commissioner Holman seconded; the motion carried 4-0-0 with Commissioners
Harper, Holman, Holder, and Adams voting in favor, and Commissioner Freedman
did not vote due to absence.
Commissioner Harper made the motion to
adjourn at 9:51 p.m.; Commissioner Holman seconded; the motion carried 4-0-0
with Commissioners Harper, Holman, Holder, and Adams voting in favor, and
Commissioner Freedman did not vote due to absence.
Leland
Maddox, Chairman
Peggy L. Malcolm, Deputy County Clerk