STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

 

The Henry County Board of Commissioners held a Regular Public Meeting at 6:30 p.m., Tuesday, September 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 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 1911 Woolsey Road (postponed at least thirty (30) days).

2.      Barbara C. Thomas – RZ-04-26 – commercial zoning at 3809 North Henry Boulevard, Stockbridge.

3.      E. Earl Warrington – RZ-04-30 – property located at the southwest corner of Jonesboro Road and Chambers Road (postponed at least thirty (30) days). 

 

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.

 

 

 

 

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

 

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.  Commander Park said they have a number of programs with community interests; Voice of Democracy is one that helps young people in schools, and the VFW works with the ROTC’s and have hunter safety programs.   He said VFW “is not a bunch of old veterans sitting around getting drunk, but do sit around and tell war stories.”  Commander Park said not only for himself, but on behalf of the State Commander, Randy Coggins, and the past National Commander-In-Chief, John Quizack, who is a resident of Stockbridge, a big “thank you” was in order for passing this Proclamation.  

 

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 CAMPGROUND ROAD AND BRANNAN ROAD INTERSECTION IMPROVEMENT PROJECT.

 

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 A PARTIAL ROAD ABANDONMENT ON STRICKLAND ROAD.

 

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 Strickland Road located in Land Lot 242 of the 3rd District of Henry County, Georgia.  After due considerations, it appears that the property sought to be abandoned is no longer needed for public road purposes because of changed conditions and because it has ceased to be used by the public to the extent that no substantial public purpose is served by it, and it further appears to be in the best interest of all concerned as well as in the best interest of the public and Henry County, Georgia, to abandon that portion of Strickland Road.  This road abandonment is due to the realignment of Strickland Road, and the Weems Family own to the center of the road and the abandoned portion of Strickland Road belongs to them.

 

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 Locust Grove, Georgia, requests an appeal to a final plat review for property located on the northern side of Coan Drive; Land Lots 237 and 244 of the 7th District.  The property consists of 93.10+/- acres, and the request is for an appeal to a decision regarding a final plat for the Kimbell Farms, Unit VI subdivision (Code Section 3-8-108).  Development Plan Review staff has reviewed the final plat for Kimbell Farm, Unit VI, and staff has determined that the corner lots do not meet Section 3-8-107 of the Subdivision Ordinance.  Mr. Andy Bunn, owner of the subject property, believes the subject property can be developed without meeting the Ordinance. 

 

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 PLANTATION SUBDIVISION AND THE HIGHLAND VILLAGE.

 

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 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 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. Henry County, Georgia, et al., Civil Action File No. 03-CV-3254-C, in the Superior Court of Henry County, Georgia, the Board of Commissioners of Henry County approves the rezoning request with the following conditions:

 

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 Campground Road are completed and approved as specified in the SPLOST Program.

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 5035 Valley Brook Circle in the Lakehaven Subdivision, said the discussion is to build ninety-three (93) houses on fifty (50) acres of land, but it has not

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. Spain said, to his knowledge, there is no way to hook up to the Lakehaven Subdivision sewer line unless the builder goes through private property.  Also, one of the easements the developer would have to go through would be a wetland behind some of the houses, and wetlands cannot be destroyed to install a sewer line according to EPA.  Mr. Spain said a meeting was held a couple of months ago between the neighbors and Mr. Harold Winters (representing Hayes Development), and Mr. Winters still did not have any idea of where the sewer would be hooked up. 

 

Mr. Edwin Olsen, who lives in Salem Ridge Subdivision, reminded the Board of the traffic problem that already exists.  He said Campground Road from I-75 to Hwy. 155 was solid bumper to bumper when he drove to the BOC meeting tonight.  He said during election time, candidates talk about what they are going to do; now is the time to show the public what you are going to do.  He said public safety is an important issue and stated, “I hope we are not going to be scared into doing something we don’t need to do by lawsuits; the lawyers do not need to be running ‘common sense;’ this is not a dollar and cents issue of lawyers and money and property; this is public safety and please help us.”

 

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 Campground Road, and stated the area does not need any more houses developed in that area.  She stated due to the traffic, she cannot get in and out of her driveway.  Ms. Dunn’s husband has seizures and, on occasion, emergency runs are required to the local hospital.  She suggested instead of building more houses, to build more roads.    

 

Mr. Rex Nales, who lives at 480 Campground Road, stated his family owns the property that borders this development to the west side.  He asked for consideration to be given regarding buffers to their property as described in the projected plan for the properties bordering Lakehaven. 

 

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, County Attorney, said there is no Consent Order yet; it is a two-step process.  

 

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 Campground Road improvements are completed and approved. 

 

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:

 

G. & G. Land Development, LLC – MC-04-04.

 

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 Henry County has reviewed the request and submitted a report that is part of the public record; and

 

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.

 

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

 

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 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 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 East Lake Road, a two-lane road, and the SPLOST signs are already up; this road is in the process of being widened to four or five lanes.  Mr. Harvey said in addition, immediately across East Lake Road from the subject property is a Middle School and High School (pictures were distributed to the Board), and a church is currently under construction.  Less than .08 of a mile from the property is the intersection of Highway 155 and East Lake Road; Mr. Harvey listed all of the businesses located in the immediate area (Chevron gas station, Eckerd’s, McDonald’s, Great Clips, a diner, Nail Salon, Blockbuster’s, etc.).  He said this is not the appropriate place for an estate residential/agricultural development.  Mr. Harvey said these houses will range from $285,000 to $350,000 and will be very nice houses, benefiting the surrounding area.  He said this is a quality development, and he asked for Board approval subject to the conditions.

 

Chairman Maddox asked the distance from East Lake Road to where the property widens.

 

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 Lawrenceville which mandates houses to be 4-sides brick.  After it had been rezoned, the builders backed out.”

 

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 Adams said the main dilemma surrounding neighbors are facing is the increase in traffic.  He said the main point is the density…lots of houses – two houses to an acre.  “What can we do to appease that?”

 

Mr. Harvey said the widening of East Lake Road will address and ease the concerns of the citizens. 

 

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 East Lake Road. 

 

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 East Lake Road.

 

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 Crumbley Road, encouraged the Board to stick with the recommendations of the Planning and Zoning Board, because they have the interest of the planning of the entire County through the Comprehensive Plan at heart. 

 

Ms. Cindy Price, who resides off Kelleytown Road, and has a son who is a sophomore at Union Grove High School, said by the time he is a senior, there will be 2,600 students in that school.  She said, “isn’t it time we start thinking about our kids, rather than putting a house on every little piece of acreage?”  She said the children are the future, and people need to think of them first. 

 

Mr. Randy Boyd said at 7:30 a.m. this morning a large amount of traffic was already forming looking east on East Lake Road.  Secondly, a major concern is the overcrowding of schools; there are a lot of modular units already established at the school.  Referencing the Ordinance in place in the Zoning Manual (Chapter III.8, page 2010 and 2026) regarding site distance, East Lake Road is a major arterial road.  Looking east on East Lake Road, the site distance is 2,005 feet (where the proposed development entrance will be located), and to the west is 470 feet.  Mr. Boyd said the Ordinance calls for 840 feet, which will exacerbate the dilemma of an intersection problem.  He said he and the people he represents are not asking the Board to deny this and for it to be zoned RA; RA is an unconstitutional zoning.  He asked for the same thing to be done, as was done at Smithfield Estates, to zone it R-2, R-1 or whatever the Board agreed upon, but to keep the same density, which is one (1) dwelling unit per acre.  This would result in sixty-one (61) or sixty-two (62) homes being constructed in this development. 

 

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 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 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. Construction of a wall no less than six feet (6’), but no more than eight feet (8’) in height along property lines that directly abut residential land uses.  The wall is to be constructed of materials consistent with those used for the primary structures within the development and placed at all applicable property lines.  This is in addition to the forty-foot (40’) buffer requirement.  A masonry wall shall consist of brick that is consistent with the exterior of the building and the wall that is placed there will be brick.

 

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

 

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.

 

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

 

  1. Underground detention facilities shall be required.

 

  1. 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.

 

  1. There shall be a Master Sign Development Plan reviewed and approved by the Henry County Board of Commissioners.  All signage shall have a consistent character and design details (such as trellis, brick, river stone, etc.) that reflect the design of the project.  The primary ground signage shall be monument-based and shall not exceed fifteen feet (15’) in height.

 

  1. Sewer service shall be available at the time of final platting.

 

  1. A Certificate of Occupancy will not be issued prior to the road improvements as specified by SPLOST II.

 

  1. A town hall meeting shall be held prior to this item going to the Board of Commissioners.

 

 

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 Kroger Shopping Center and across from the McDonald’s and Blockbuster’s.  He stated SPLOST has created enough funding to build the road through this location and connect to Eagles Landing Parkway; this will be a 4-lane divided road with a median from Hwy. 155.  Mr. Lilburn said he would like to make some minor modifications with the Board’s approval.  First, the way condition #1 reads, it forces him to build a brick wall; it does not allow him to build a wall that is in keeping with homes on adjoining property.  Secondly, condition #2 reads, “all sides of the buildings shall be constructed of brick, stucco, glass, stone or any combination thereof.”  He said they have looked at fifteen or twenty shopping centers in Henry County, and most of them have masonry back walls, and they would like to be able to live with that as a restriction (painting it a dark color so that is not intrusive to neighbors). 

 

 

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 Henry County. 

 

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 Road/East Lake Road Extension Road Improvement Project as specified by SPLOST II.’  Regarding Condition #10, this will be replaced with, ‘the development shall have no ingress or egress, i.e. entrance or exit on to Crown Corners Drive and shall be allowed a curb cut at the median cut on Price Quarters Road absent the DOT finding that the cut is in violation of the law or State DOT guidelines.’  Commissioner Holman amended his second. 

 

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 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 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 County Attorney’s Office, giving the permission to build the road.  Mr. Moseley said, “according to the map (copies handed out to the Board), that is the first contact I have had with them about getting a comment about buying that right-of-way.  They want to take a whole lot of land the County was not going to use.  There is a snake in that woodpile somewhere.  That is why I hired an attorney.  We do not need to be doing that kind of business, not in Henry County.  Have we gotten that straightened out?”

 

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.        County Auction, (Located at Fleet Services,

                                                                        Workcamp Road, McDonough)

 

10/13/04          Wednesday      6:30 P.M.         Quarterly Meeting with the Board of

                                                                        Education (Held at the Board of Education

                                                                        33 North Zack Hinton Parkway, McDonough

 

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, 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 Harper, Holder, Holman, Adams, and Freedman voting in favor.

 

                                            (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