STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Regular Meeting at 6:30 p.m. on Tuesday, November 16, 2004, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted on the bulletin board in the entrance foyer of the County Administration Building.  The Daily Herald was notified of this meeting.  Those present were:

 

            Leland Maddox, Chairman, presiding

            Lee Holman, Vice-Chairman, District V Commissioner

            Warren E. Holder, District I Commissioner

            Gary M. Freedman, District II Commissioner

            Jason T. Harper, District III Commissioner

            Gerry Adams, District IV Commissioner

 

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

 

Chairman Maddox called the meeting to order and asked for an Acceptance of the Agenda.  Commissioner Holman made the motion to accept the amended Agenda with the change of the rezoning of VII-D (Obinna Ezenekew – RZ-04-31) to follow VII-A.  Also, Commissioner Holman made the announcement Commissioner Holder would be late due to attending another function honoring the 12th year for Ms. Mitchell on the Board of Education.  Commissioner Harper seconded; the motion carried 4-0-0 with Commissioners Holman, Harper, Adams, and Freedman voting in favor.  (Commissioner Holder was not present to vote.)

 

 

PUBLIC COMMENTS:

 

Mr. Leon Forrer, a resident of Henry County, stated Ms. Chris Rogers, a member of the Stormwater Advisory Board, called Mr. Forrer by telephone referencing an article in the paper regarding a lawsuit in Gwinnett County.  The subject referenced Gwinnett County being sued over a runoff into Norris Lake affecting 900 residents where the County has allowed construction and residential developments to discharge sedimentation illegally into their creeks.  Mr. Forrer said he hoped Henry County would follow the ordinances in the ARCADIS Manuals to avoid lawsuits in the future.  Chairman Maddox said the Stormwater staff was in place and up to date on the State mandated issues. 

 

Mr. James Lay, who lives at 240 Airline Road, presented photos to the Board of a ditch washed out from the Stormwater runoff located at the Bridlewood and Bridleridge Subdivisions.  He approached the City (the City Manager and the Mayor) with the problem but did not receive any satisfaction.   He said the ditch is approximately twenty-two (22’) feet wide, seven (7’) feet deep and sixty (60’) feet long and is eroding his property.  He said he is very frustrated because he cannot get anything accomplished. 

 

Chairman Maddox asked Mr. Lay if this was in the City.  Mr. Lay said he is in the County; the development is in the City.  Mr. Lay said Commissioner Harper was aware of the problem. 

 

Mr. Rob Magnaghi, County Manager, suggested meeting with Mr. Lay and collectively scheduling a joint meeting with representatives of the City to obtain a response.  Mr. Magnaghi said the County will take the initiative to have dialogue with the appropriate representatives. 

 

 

PRESENTATIIONS:

 

Lieutenant Danny Thompson, a Station Lieutenant for the Fire Department won the first annual Rescue Air One Eagle Award for Outstanding Medical Services to the Community.  Lieutenant Thompson was nominated for this award for his continuous exemplification of an outstanding medical professional. 

 

Lieutenant Thompson approached the podium and was presented with a certificate and pictures were made with the Board of Commissioners.  He said there were ten (10) other individuals in the State of Georgia nominated for this award and Chief Starr made the nomination of Lieutenant Thompson.  He extended his thanks for the support his family had shown.  Chairman Maddox extended his thanks to Lieutenant Thompson for being a member of the Henry County Fire Department. 

 

Mr. Don Ash, Director of Emergency Communications, was chosen as a recipient of the 2004 Governor’s Public Safety Award (GPSA) for his commitment and allegiance to the public safety community.  The GPSA program was created for the purpose of allowing the State to recognize those public servants who have gone above and beyond the call of duty to protect and serve the citizens.  Chairman Maddox asked Mr. Ash to step forward and served him with a certificate.  Mr. Ash stated he has served on the Governor’s Advisory Board, and said he would like to take this opportunity to thank his boss, Mr. Rob Magnaghi, who has empowered him to work in several programs and serve the citizens.  Mr. Ash thanked his staff and the Board for their support over the years.  (Pictures were made of Mr. Ash with the Board of Commissioners.)

 

Mr. Rob Magnaghi informed the audience Mr. Ash had been appointed last year to the Governor’s Council, one of a hand-full of people appointed to this post.  He said in this particular situation, Mr. Ash is one of twelve individuals in the entire State of Georgia who was recognized by the Governor.  

 

 

REZONINGS:

 

The Meadows Group – RZ-04-40. 

 

Commissioner Adams asked the County Attorney his opinion stating, “the young man coming before us tonight is married to my niece (who is blood related).  What is your opinion of my participation in the vote?”

 

Mr. Jaugstetter, County Attorney, asked Commissioner Adams if he would be receiving any financial benefit from this project, and if so, he should recuse himself from the vote.  Commissioner Adams said he had no financial interest in this development.  At that point, Mr. Jaugstetter stated Commissioner Adams was permitted to vote. 

 

 

WHEREAS, The Meadows Group, Inc. (RZ-04-40) has applied for a rezoning from RA (Residential Agricultural) to RM (Multiple-Family Residence) for the development of condominiums, for property located at 71 Peach Drive, 3569 Jodeco Road, and 3545 Jodeco Road, in Land Lots 80 and 49 of the 6th District (Parcel ID# 071A-01-011-000, 071A-01-044-000, 071A-01-044-002 and 071A-01-045-000), consisting of 12.94 +/- 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 September 23, 2004; and

 

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

 

1.         Each structure shall be constructed of brick, stone, stucco and/or combination thereof any type of masonry product.

 

2.         The property fronting Peach Drive and Jodeco shall have a minimum four-foot (4’) berm with various plantings. 

 

3.         The net density shall not exceed 5.25 dwelling units per acre. 

 

4.         The development shall have an onsite clubhouse, fitness center and outdoor swimming pool as the amenities package. 

 

5.         All yards shall be fully sodded. 

 

6.         No building permits shall be issued until such time as sewer is available to the property.

 

7.                  There shall be underground utilities.

 

Commissioner Harper made the motion to approve the resolution with an 8th condition; the developer has agreed to a condition #8 stating, “the developer shall contribute $25,000 towards the installation of a traffic signal to be installed at the Peach Drive/Jodeco Road and/or Campground Road Extension intersection.  Commissioner Holman seconded. 

 

Commissioner Freedman made an announcement he had three (3) more conditions to be added as follows:

 

9.            The developer will privatize all streets and build them to County DOT 

             standards and assume all maintenance responsibility.

 

10.       The County Tree Ordinance will be strictly complied with.

 

11.       The minimum residential unit size will be 1,800 square feet.

 

 

Chairman Maddox asked the Meadows Group representative if he would agree to the above-mentioned added conditions; Mr. Darren Hutcheson stated he had no problems with the additions.

 

Commissioner Harper amended his motion to add conditions #8 through #11; Commissioner Holman amended his second.   Commissioner Holman reminded Commissioner Harper in the last meeting, condition #1 was changed to strike the word, “stucco,” and permitted “vinyl in the soffit and facia.”  Commissioner Harper said as he remembered, that was acceptable, but did not get changed in the resolution.  Commissioner Harper amended the motion to reflect the appropriate resolution should strike the word, “stucco,” and add “to allow vinyl for the soffit and facia.”   Commissioner Holman amended his second.

 

Commissioner Adams stated the sunrooms are to be constructed of Hardi-plank; everything else will be stone with brick accents.

 

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

                        (Commissioner Holder entered the meeting.)

 

Commissioner Holman briefed Commissioner Holder on the resolution with the added conditions.  Commissioner Holder asked if the density was standard at 5.25; Chairman Maddox confirmed. 

 

Commissioner Freedman asked for clarification; “if the Board is voting to approve this, with the density being 5.25, does the Board have to add something which would go before the Planning and Zoning Board for a variance approval?” 

 

Commissioner Holman asked if the Board could indicate to the Planning and Zoning Board their desire to accept this density.  Mr. Jaugstetter said, “you can tell them; they are not bound by what you ask them to do.” 

 

Commissioner Adams said, “it my understanding, we can grant this, but then they are open to a challenge within a certain period of time.”

 

Mr. Jaugstetter stated if the Board approves the motion as presented, and if the density is challenged, the grant of the additional density can be removed.  Commissioner Adams said at that time, they will have to go through the variance process. 

 

The motion carried 4-1-0 with Commissioners Holman, Harper, Adams, and Freedman voting in favor and Commissioner Holder voting against. 

 

 

Obinna Ezenekew – RZ-04-31.

 

WHEREAS, Obinna Ezenekwe (RZ-04-31) has applied for a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) to develop a minor automotive repair center, for property consisting of 2.28 +/- acres and located on the eastern side of State Route 155, north of Valley Road, in Land Lot 133 of the 11th District (Parcel ID# 083-02-006-000); 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 August 26, 2004; and

 

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the C-2 rezoning request and the Board approves the rezoning request consistent with the attached site plan (Exhibit “A”) as C-1 (Neighborhood Commercial) the northerly portion and as OI (Office/Institutional) the southerly portion with the following conditions.

 

Commissioner Holman made the motion to approve the resolution for discussion purposes only; Commissioner Holder seconded. 

 

Mr. Wade Crumbley, attorney for the applicant, said Mr. Obinna Ezenekew is from Nigeria.  He stated originally the applicant asked for C-2 zoning on this entire tract because staff felt it was necessary for the proposal.  Mr. Crumbley stated in looking at it more carefully, he was of the opinion C-1 zoning was sufficient.  Also, there was neighborhood opposition at the Planning Commission; therefore, a revised site plan has been submitted.  Mr. Crumbley said the request is to zone the north end of the property C-1 and the south end (next to the subdivision entrance) OI (Office/Institutional).  Also, he stated the applicant has agreed to all of the conditions.

 

Commissioner Holman read the conditions as follows:

 

1.      All access and curb cuts by the development on Valley Road of the Cross Roads Valley Subdivision are prohibited.

 

2.      The development shall comply with the Georgia Department of Transportation regulations for Driveway and Encroachment Control as amended on March 8, 2004, which includes any acceleration or deceleration lanes.

 

3.      Prior to the issuance of the Certificate of Occupancy (CO), the development shall include a six-foot (6’) high decorative privacy fence of a substance other than wood or chain link along the eastern property line for privacy of the neighbors at 100, 102, 104, 106 Harris Court and along Valley Road.

 

4.      A forty-foot (40’) landscape buffer shall be located along the eastern property line for privacy of the neighbors at 100, 102, 104, 106 Harris Court and along Valley Road.  Within the required planted buffer of forty feet (40’), the existing vegetation shall be preserved and where appropriate as determined by Planning Staff additional vegetation shall be provided to maintain a dense screen.

 

5.      All plans including the site, layout, grading and drainage, utility, erosion control, landscape are subject to approval by the Henry County Department of Development Plan Review prior to the issuance of a building permit.  The decorative privacy fence and exterior lighting shall be included with the plans.

 

6.      Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosure shall be constructed of brick or stone in any combination thereof provided it is consistent with the primary structure and shall be a minimum of eight (8’) feet in height.  Trash pick up allowed only during daytime hours.

 

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

 

8.      Outside storage and long term parking are prohibited.

 

9.      An exterior lighting plan shall require all lighting to be of moderate brightness and shall prohibit pole or aerial mounting.  The exterior lighting plan shall be designed to keep light pollution off the existing residents’ homes.  Exterior lighting shall be prohibited after 10:00 p.m. each evening. 

 

10.  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 detail that reflect the architectural design of the project.  Signage attached to the building shall be designed to keep light pollution off the existing residents’ homes.

 

11.  The grading and drainage plan shall address the existing water run-off problems with a retention area that does not allow standing water after a rain event.  The retention area shall be properly buffered and fenced.

 

12.  The retention area shall be maintained to Henry County Code including any code amendments at no cost to the County by the property owner in perpetually. 

 

13.  The completed development shall be prohibited from operation except during the hours of 7:30 a.m. to 10:00 p.m.

 

14.  Underground utilities shall be required.

 

Based on condition #8, Chairman Maddox questioned the outdoor storage and long-term parking associated with an automotive repair center.  Mr. Crumbley said what is proposed here is similar to “Alpha Tire and Auto” on Highway 20 across from Sable Chase Apartments, where tires are purchased but no auto repairs are performed.

 

Commissioner Holman amended his motion to include the above conditions; Commissioner Holder amended his second. 

 

 

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

 

(Commissioner Harper made an announcement  he would have to leave for a brief period of time to attend his 5-year old child’s Thanksgiving Program at School.)

 

Representing opposition, Mr. David Shreckengost, a resident of the Morningside Subdivision, stated this is a quiet residential area and the neighborhood would like for it to remain that way.  A tire repair shop in the middle of this type of neighborhood is inappropriate and is not in keeping with the County’s Land Use Plan. 

 

Commissioner Adams asked Mr. Shreckengost if the hours were curtailed, would that make a difference.  Mr. Shreckengost responded, “not on my part.”

 

Ms. Rachels, who lives in the Winding Branch Subdivision, stated she strongly opposes this rezoning.  In looking through the Rezoning Evaluation Report, she said this request does not comply with the Henry County Future Land Use Plan or with the Joint Comprehensive Development Plan.  She also added there have been no “traffic studies” done in how this will impact the area.  Ms. Rachels said this property is suited to be rezoned or stay at this current zoning for residential, which is stated in the report.  She reminded the Board the Planning Staff recommended denial of this request; therefore, she asked the Board to please consider not disrupting this quiet neighborhood with a tire repair shop. 

 

Commissioner Freedman asked Ms. Rachels if she had any problem with OI (Office/Institutional).  Ms. Rachels responded, “absolutely; this is in the front of the subdivision where this is being proposed.”

 

Ms. Angela Lyons, a resident on Valley Road, said her view is more sentimental.  She served her Country for over 10 years in the Armed Forces, and decided to change professions and become a “Super Mom.”  At that time, she began searching for a house that was removed from the typical urban scenario, with good schools, to raise her children.  Valley Road is a very quiet serene road that is a convenient, rustic neighborhood located in a small valley where people could feel safe.  She asked the Board to not allow this property to deviate from the original intent of use by allowing commercial real estate to locate in this neighborhood.  She said agreeing to certain stipulations will only look good on paper.  The testing of cars, the typical automotive behavior, and oil leaks are just a few of the problems the residents will have to face.  Ms. Lyons said the road does not have an outlet, and the testing of cars will cause turning around in residents’ driveways.  She said the owners will assure the residents this will not happen, but the reality is it happens in all automotive repair shops.  The smell of oil, transmission fluid, and brake fluid will be a nuisance to all who live on Valley Road.  Ms. Lyons stated if that property goes commercial, all the residents lose; the houses will not be worth the dirt they sit on.  If the business should fail, the residents are left with an abandoned building with hopes and dreams of being sold or re-rented, much like the gas station on Hwy.155 and Hwy 138.  She asked for the Commissioners to consider all of these factors when they cast their vote. 

 

Mr. Wayne Chase, who resides at 101 Valley Road, said the way things are going, this is not always going to stay residential.  He said if this does go commercial, he asked for the time to be changed from 10:00 p.m. to an earlier hour for closing.  He asked for the property to remain RA, if possible.

 

Mr. Wade Crumbley said this property is directly across the street from a grocery store, and there is a stormwater retention pond directly across the road from the property.  It is within 100 to 200 yards of the intersection of State Highway 155 and 138 with 10,000 to 20,000 cars a day traveling through that intersection.  He said Valley Road is a nice subdivision that happens to be near a major intersection of two State highways.  Mr. Crumbley said commercial development is coming to that area; he said this piece of land has not been developed for residential use since there has been zoning in this County.  He said no one is going to build a house on this property that is across the road from a stormwater detention facility and a grocery store.  The proposal is to heavily buffer and construct the office near the subdivision entrance.  Auto repair will not be conducted at this business, which would require a C-2 zoning, and the applicant is not asking for that.  Mr. Crumbley said this area is going to grow significantly, and that intersection is going to be heavily developed with commercial use in the future.  He stated this piece of land is suitable for what the applicant is proposing, and the neighborhood will be protected. 

 

Commissioner Adams said if the Board denies this request, then the applicant has the right to sue.  “There is commercial right next door and across the street; now would be the best time for the applicant to negotiate for better hours of the business.  The Judge can come back to the Board and tell us to rezone it, and then we have to rezone it.”  

 

Mr. Crumbley said 7:00 or 8:00 p.m. would be adequate as closing time.

 

Mr. Crumbley said the property consists of one-half of the frontage on the opposite side of the highway being zoned commercial, and the other half is zoned residential.  The property immediately to the north of this property is still zoned residential, but there is a permit that has been issued for a daycare center to be built.  Mr. Crumbley said it is going to be commercial all the way from the north boundary of this property to the intersection. 

 

Commissioner Holman asked, “Mr. Crumbley, are you willing to change the condition from 7:30 a.m. to 7:30 p.m. (referencing condition #13)?

 

Mr. Crumbley stated he had not discussed that with his client and did not have the authority to agree to the change, but he did not think his client would have a problem with that. 

 

Commissioner Holman amended his motion, referencing condition #13, and changed the hours from 7:30 a.m. to 7:30 p.m.; Commissioner Holder amended his second for the record.

 

 

Commissioner Holman said he had worked very hard for the residents in opposition to this.  He said, “I am going to show you something tonight, and you will see what happens.  You will come back into this room, and if this Board does not pass this tonight, it will continue to fester and you will get exactly what this Board has on the bench tonight.  This will not go away; this will not stay RA.”

 

Commissioner Adams asked the opposition about the 7:30 p.m. closing time.  Collectively, the opposition said they are opposed; they would like the property to stay residential.

 

Mr. Ray Gibson, of the Planning and Zoning Department, mentioned to the Board the tire shop in question would only be allowed in a C-2 zoning district; it is a minor automotive repair shop.  C-1 would be a typical gas station.

 

Mr. Crumbley answered, “we’ll take our chances on that, O.K.?  I don’t know if this gentleman is a lawyer, but I have read the ordinance, and I think we can do what we want to do in the C-1 zoning.  If we can’t, then I will take the responsibility for that with my client.”

 

Commissioner Holder said, “we are talking about an OI development next to the subdivision; if that happened to be a doctor’s office, can we limit that office to be opened to 7:30 p.m.?  There are a lot of after-hours clinics around this County that are open until 9:00 or 10:00 p.m.  As far as a tire store, if they are going to be competitive, they are going to have to keep the normal hours of a commercial establishment.  I know the applicant agreed to 7:30 a.m. to 7:30 p.m., but anyone who is going to be making a living in a business of this nature, is going to need stay open until 9:00 or 10:00 p.m.”

 

Commissioner Freedman said he is surprised if commercial is granted, the applicant is coming in with this type of facility in a residential area that creates noise and fumes.  He said if this goes to Court, and the County has been to Court many times, and if the County loses, the Court will direct the Board to grant a zoning.  But the Court will tell the County whether or not the County can put conditions on it.  Commissioner Freedman stated if this goes to Court, and if the County loses, then the Court could order the zoning without conditions.  This is what the Board has to consider.  Commissioner Freedman said the most important thing is the impact on the neighbors, but this has to be balanced out.  

 

Commissioner Freedman asked Mr. Crumbley why his client selected an auto repair shop to be established in this neighborhood, since it would be a nuisance to the residents. 

 

Mr. Crumbley said he would not call it a ‘tire and repair shop;’ he said it is a retail establishment where tires can be purchased. 

 

Commissioner Holman asked the audience to recognize the applicant has worked very hard to change their original application.  The fourteen (14) conditions were brought to Commissioner Holman through various residents of the neighborhood, and the applicant has agreed to all of them.  He said if the Board follows the negative vote on this request, it will come back and back and back, and it is possible the opposition will lose every one of these conditions.  The applicant is not going to be in a favorable mood anymore.

 

The Chairman restated the motion of approval with the fourteen (14) conditions with condition #13 modified to read from 7:30 a.m. to 7:30 p.m.; the motion failed 1-3-0 with Commissioner Holder voting in favor and Commissioners Freedman, Holman, and Adams voting against.  (Commissioner Harper was not present to vote.)

 

 

First Southern Development – RZ-04-22 – Resolution Denying a Rezoning Request.

 

WHEREAS, First Southern Development (RZ-04-22) has applied for a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) to allow for the development of a commercial subdivision, for property consisting of 4.0 +/- acres and located at 1911 Upper Woolsey Road, Land Lot 225 of the 6th District (Parcel ID# 003-01-026-000); 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 July 22, 2004; and

 

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

 

Mr. Don Foster, representing the applicants, stated his clients met with Commissioner Freedman and neighbors last night, and his clients are willing to amend their petition to agree to a number of stipulations:

 

1.      The applicant will accept C-1 zoning; the convenience store, the strip center and OI, which was part of the original request, would continue for the office building at the end of the east end of the property.

 

2.      Applicants agree to use stack stone or similar construction with monument sign not more than five (5’) feet with downcast lighting.

 

3.      Thirty (30’) foot buffer on three (3) sides.

 

4.      Six (6’) foot privacy fence on two (2) sides.

 

5.      Business operation from 6:00 a.m. to 11:00 p.m. for the convenience store. 

 

6.      Applicants offered to contribute $25,000 for improvements on Wilkins Road.

 

Mr. Foster stated there are a number of additional stipulations the applicants have agreed to not listed before him tonight.

 

Mr. Foster said this property is located on Upper Woolsey Road, which is a major arterial, and at the corner of Wilkins Road, approximately four (4) acres.  There is commercial zoning across Wilkins Road, and there is warehouse zoning not very far from this location, and the nearest convenience store is a considerable distance away.  As it is presently zoned, the only thing the applicants could do would be to put four (4) twelve hundred (1,200) square foot houses facing Upper Woolsey Road, which would mean four (4) curb cuts on that road.  Mr. Foster asked the Board to grant the application as submitted with stipulations Commissioner Freedman will add, in addition to the above-mentioned conditions. 

 

Commissioner Freedman made the motion to approve the zoning request to C-1 and OI with the following conditions; the applicants have submitted a Conceptual Plan, which is being entered into the record:

 

1.      The façade of the building shall be residential in appearance, consisting of stacked stone, stucco, glass, or any combination thereof.

 

2.      The exterior appearance of all proposed buildings shall be approved by the Plan Review Department prior to the issuance of the building permit.

 

3.      The installation of any sign shall be ground-mounted, not pull-mounted, decorated with stucco or stone or any combination thereof, not to exceed the height of eight (8’) feet.

 

4.      If necessary, an appropriate accel/decel lane will be provided based on County, DOT, or State engineering requirements. 

 

5.      All lighting shall be conducive to a neighborhood development, which will not impose excessive lighting on surrounding residents.  All lighting shall be of moderate brightness, height and downcast, and exterior lighting shall be prohibited after the appointed operational hours of 11:00 p.m. on weekdays and 12:00 midnight on weekends.

 

6.      The canopy of the gas pumps shall be the same design as the convenience store roof, pitched and shingled, and without advertising or company insignia, covers, or logos. 

 

7.      The forty (40’) foot planted buffer shall be located on three (3) sides of the property, as allowed by Henry County DOT.  All planted buffers should be at least three (3) rows deep and shall install shade and screen trees. 

 

8.      Operational hours should be limited from 7:00 a.m. to 11:00 p.m. on weekdays, and 7:00 a.m. to 12:00 midnight on weekends. 

 

9.      All deliveries will be limited to the same store hours.

 

10.  The site shall be limited to a convenience store use only on the western side, as per the Conceptual Plan; all other C-1 uses are prohibited on that one (1) site.  On the center site, C-1 will be allowed except for the following conditions in C-1:

 

a.                   No automotive service stations.

b.                  No bicycle sales or repair shops.

c.                   No Laundromats.

d.                  No “stand alone” packaged beer or wine stores.

e.                   No taxi offices.

 

The other C-1 categories are allowed except for those excluded in those

categories in the center portion for the Conceptual Plan.  The eastern side of the

                        property will be OI, as per the Conceptual Plan.

 

11.  An extensive landscape plan shall be submitted to Plan Review for approval.

 

12.  All structural design plans should be rural in nature, less like a conventional convenience store, and plans shall be submitted to the Plan Review Staff for approval.  The developer has indicated they would construct very similar to what is located at the corner of Chambers and Jonesboro Roads, which is part of their plan.

 

13.  There will be no overnight parking of vehicles.

 

14.  Dumpsters shall be enclosed with decorative fencing and landscaping to be approved by the Plan Review Staff.

 

15.  The development shall be in accordance with the Conceptual Plan submitted, unless a variance is granted, by the Plan Review Department.

 

16.  Voluntary condition: Developer has agreed to provide funding up to $25,000 for upgrading Wilkins Road.

 

Commissioner Holder seconded the motion.

 

Mr. Foster said his applicants agreed with all of the conditions. 

 

Commissioner Holder asked if they could sell beer and wine.  Commissioner Freedman said only in the convenience store. 

 

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

 

Mr. Clayton McDaniel said he owns property that abuts the back of the subject property.  He read a letter to the Board from “Miss Evelyn” who was too hoarse to read:

 

“Planning and Zoning Commission denied request on July 22, 2004, for the following reasons that we consider to be important:

 

·        This request is not in compliance with the Future Land Use Map of Henry County.  Presently, it is all single-family, and future plans include this to be zoned residential/agricultural.

·        Upper Woolsey Road and Wilkins Road intersection will not be suitable for access to this rezoning.

·        They could build three (3) or four (4) houses on this site.

·        According to Henry County Department of Transportation, there is no SPLOST Project scheduled for Upper Woolsey Road and Wilkins Road that will benefit this application.

·        Approximately four-hundred (400’) feet from this property to the east is Clayton County Water Authority’s property.  Two-hundred (200’) feet to the west is Camp Calvin property in Clayton County (approximately 3,000 acres).  These are not and will not be commercial properties.  To the north of this is Clayton County residential only.

·        The merits of this request are unreasonable to the Henry County taxpayers and the surrounding Clayton County neighbors who show they do not want this by signing a petition.”

 

Mr. McDaniel stated personally he could “go with this” with a privacy fence.  He said on his property there is a horse, and he does not like the idea of having teenagers throwing beer bottles at his horse.  Also he did not like the idea of dumpster trucks driving on the property making loud noise all night long. 

 

Ms. Elizabeth (“B.J.”) Mathis, District II Commissioner-Elect, spoke on behalf of the residents of that area.  She said one of the problems in Henry County is the County goes in and rezones these agricultural areas, and the County allows the commercial businesses to come in, setting a precedence.  Ms. Mathis stated there is a small one (1) acre lot zoned C-2, and that was approved back in the ‘60’s.  The County is in the process of redoing the Comprehensive Land Use Plan, and a lot of decisions are being based on the Land Use Map.  She said, “if these things are not going to hold up in Court, then we need to throw that map out the door.  If we are trying to get Henry County into a healthy way of planning and growing, then we are going to have to stick to those things we are putting on paper, and we are going to have to be willing to stand up when someone comes in and says ‘well, I’ll take you to Court;’ well that is fine.”  Ms. Mathis said this is an agricultural area, and we are losing that day by day.  She said this is a beautiful area, and it would be a shame to stick a strip mall or convenience store in the middle of this scenic area.  Commissioner-Elect Mathis asked the Board to deny the request and stand behind the residents.

 

Ms. Rae Fletcher handed out her speech to the Board and stated Ms. Mathis and Mr. McDaniel covered about everything she wanted to say.  She has lived in this area for nineteen (19) years and is used to living in a rural area where it is peaceful and quiet except for the sounds of children playing.  Her desire is not to hear gas pumps, truck deliveries, and dumpsters being emptied.  She was concerned about the ground water runoff polluting their well water, and said they have animals such as chickens, roosters, and peacocks, and newcomers might think of them as a nuisance.  Ms. Fletcher said she represents Henry and Clayton County residents and asked the Board to deny this request.  She added the builders were very nice, but they need to stick to residential building. 

 

Mr. Wesley Reagan, a Clayton County resident of the new subdivision across from the proposed commercial request, asked for this area to be left as a residential area.  He said when he goes out in his back yard, he can see the projected commercial site, and he would rather see houses than stores.  He asked the Board to deny the request. 

 

Ms. Carolyn Brown lives on the corner of Woolsey and Wilkins Roads and said the neighborhood does not need a gas station, because residents can drive three (3) miles to the west for gas or drive three and one-half miles (3-1/2) to Tara Boulevard for gas.  She said the Clayton, Henry, and Fayette county lines are centralized in that area, but the residents cannot get garbage picked up off the streets, the grass cut on the streets, the trees are still down, no speed limit signs up, and the dirt roads act as a four-lane.  She asked the Board to keep this area residential. 

 

A lady came to the podium to speak and never stated her name, but said she had faith in the County Attorney if this request fails and the applicant decides to take this to Court.  “We have had Court cases thrown out because they could not decide who had domain in this area.  The Clayton County and Henry County Police Departments have responded quickly to a number of incidences in our neighborhood.  Clayton County owns everything around us – the Airport, the Water Works, and the residential areas.  They have everything except approximately 1,200 to 1,400 feet; we are the little strip that nobody knows about.  There is no guarantee if a gas station is built at this location that it will work; housing will work.”  She felt threatened if the applicant carries this to Court, but she still wanted the Board to deny the request. 

 

The Chairman asked for the vote for the approval of this resolution; the motion failed 2-3-0 with Commissioners Freedman and Holder voting in favor and Chairman Maddox, Commissioners Holman and Adams voting against.  (Commissioner Harper was not present to vote.)

 

E. Earl Warrington – RZ—04-30.

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

a.         One (1) Canopy Tree

b.         One (1) Evergreen Tree

c.         One (1) Understory Tree

d.         Five (5) Shrubs

 

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

 

 

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

 

Mr. Andy Welch, Attorney representing the applicant, said after discussions with members of the community at the Planning Commission Meeting, Mr. Warrington has considered their request to rezone a portion of the property OI and the front portion to be zoned C-1.  Mr. Welch presented the Conceptual Plan showing Mr. Warrington’s request of the front 3.4 acres to be zoned C-2 Commercial with conditions, and the bottom half 2.81 acres to be zoned OI.  Staff’s recommended conditions for OI have been incorporated and will be listed to the Board.  Mr. Welch stated at the Planning and Zoning Meeting, area residents expressed some concerns over certain uses, if rezoned commercial, and what those uses should exclude to minimize impacts, and Mr. Warrington has agreed to those and they are listed here tonight.  Also listed are two (2) provisions mitigating traffic impacts that might result from rezoning the property (includes a contribution towards the lighted intersection and right-of-way along Jonesboro Road).    Mr. Welch stated Jonesboro Road in the future (around 2010) should be widened to offset the potential impacts of the taxpayers.  He said there is a contribution of the front twenty (20’) feet of right-of-way to go to the County for future widening, should that occur. 

 

Mr. Welch submitted a letter from Ms. Laurie Steele and Ms. Judy Barker, who spoke with the Planning Commission, where adjustments were made to the conditions based on Ms. Barker’s requests.  The letter reads as follows:

 

November 16, 2004

 

Mr. Andy Welch

Via email

 

RE:      Warrington rezoning of property located at the Southwest corner of Jonesboro Road and Chambers Road

 

Dear Andy,

 

We appreciate the opportunity we had to meet with you a few months ago to discuss the conceptual plan for this rezoning.  We are grateful that Mr. Warrington was interested in our opinions and feedback.

 

After meeting with you we polled the area residents that we are in touch with and the general consensus was that while we’d prefer to not have commercial zonings on that corner at all, we know that particular battle was lost with the C-2 zoning on the property to the East on May 18, 2004.  So having conceded the corners, even though a commercial use on this property violates the Current and Future Land Use Maps and the Joint Comprehensive Development Plan, here are the major concerns and our thoughts:

 

1.                  The type of Commercial Zoning:  With the exception of the 05-18-04 zoning of some ten acres to O/I as part of a compromise for the grocery store zoning, Chambers Road remains rural and RA, R1 and R2.  We would, of course, support the Planning and Zonings recommendation of denial and the recommendation that the entire tract be zoned O/I.  However, we would ask that you at least rezone the back portion of this property, known in the original report at Tract 1 (the “L” shaped tract), to O/I in keeping with the transition to residential and with what was zoned across the street from the property.  Mr. Warrington proposes a daycare center and commercial space on Tract 1, which would fall into the O/I zoning.  We don’t see any financial detriment to making the commercial space office space instead.  We also ask that as a compromise to the requested C-2 zoning, you rezone the front part facing Jonesboro Road, known in the report as Tract 1A, to C-1 to transition to the more rural part of Jonesboro Road.  Mr. Warrington proposes a drug store and neighborhood retail space as part of the conceptual plan.  We believe that a C-1 would still allow him to proceed with that conceptual plan.  We would like to add the following conditional exceptions to C-1:

 

            *          No automobile service stations (#2 on the C-1 definitions)

            *          No indoor recreation (#21 on the C-1 definitions)

            *          No Laundromats (#24 on the C-1 definitions)

            *          No package stores (#29 on the C-1 definitions)

            *          No taxi offices (#38 on the C-1 definitions)

*         No tattoo or piercing parlors

 

2.                  Traffic:  The intersection of Chambers and Jonesboro Roads is already very dangerous and very busy.  We have been told that both property owners to the north and east of this property will contribute to the road improvements including turn lanes and a traffic light.  We would ask that, as on the previous rezoning, no Certificate of Occupancy (CO) be issued until these improvements are completed.

 

3.                  Access Points:  Currently the conceptual plan shows three access points; one from Jonesboro Road and two from Chambers Road.  In the interest of keeping the traffic off of Chambers Road, for which there are no improvements planned, we would ask that there be only one entrance off Chambers and two off of Jonesboro Road.

 

 

4.                  Construction Conditions:  The Board of Commissioners placed many excellent construction conditions on the zoning on 05-18-04.  The conditions placed ensure a quality product.  We ask that you also place those conditions on this rezoning so that the quality of construction is consistent, especially with the transition into a residential area with home starting in the $200s.

 

Again, we’d like to thank you and Mr. Warrington for your time and willingness to meet with us.  We also thank the Board of Commissioners for hearing our opinions tonight.

 

Sincerely,

 

 

Judy Barker                                                                 Laurie Steele

211 Edna Ruth Lane                                                   1185 Mt. Carmel Road

McDonough, GA  30253                                             McDonough, GA  30253

770-898-6561                                                              770-957-2073

 

 

cc:       Gary Freedman

 

 

Mr. Welch said their request is to allow for the rezoning of the property (presenting a list of conditions, where uses will be excluded).  “At the intersection of Chambers and Jonesboro Roads, on two corners, the northwest side is zoned C-1 commercial, the southeast side is zoned C-2 commercial, the north side (across Jonesboro Road) from this corner is zoned OI, and the subject property, before the Board tonight, to be zoned C-2 and OI.  The reason why we have chosen OI on the back of the development, Mr. Warrington would like to put a daycare center on the back of the property.  We have extended the OI across the bottom of the property to serve as a zoning buffer and extended it down Chambers Road.”

 

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

 

                        (Commissioner Harper returned to the meeting at 8:27 p.m.)

 

Ms. Judy Barker, who lives at 211 Edna Ruth Lane in McDonough, said she appreciated Mr. Welch coming to the affected residents to ask for their opinions.  Ms. Barker said the consensus of the residents is while they prefer not to have commercial zonings on that corner at all, they know that particular battle was lost with the C-2 zoning to the property to the east.  So by conceding the corners, even though commercial use on this property violates the current and future Land Use Map and the Joint Comprehensive Development Plan, listed are their major concerns and thoughts:

 

·        The type of commercial zoning, with the exception of the May 18, 2004 zoning of approximately ten (10) acres of OI as part of compromise for the grocery store zoning, Chambers Road remains rural as RA, R1, and R2.

·        Residents would support a Planning and Zoning recommendation of denial and the recommendation of the entire tract be zoned OI.

·        Residents asked for the back portion of this property, known in the original tract as tract #1 (the “L-shaped” tract) to be zoned OI in keeping with the transition to residential.  Mr. Warrington proposes a daycare center and commercial space on Tract #1.  Residents do not see any financial detriment to making the commercial space “office space” instead.

·        As a compromise to the requested C-2 zoning, residents ask for the front part, facing Jonesboro Road (known as tract 1-A), to be rezoned C-1 to transition to the more rural part of Jonesboro Road.  Mr. Warrington proposes a drug store and retail space as part of the Conceptual Plan; therefore, residents believe C-1 would still allow him to proceed with that Conceptual Plan. 

·        Residents would like to add the following conditional exceptions to the C-1:  no automobile service stations, no indoor recreation, no laundromats, no packaged stores, no taxi offices, and no tattoo or piercing parlors.

·        In regards to traffic, the intersection of Chambers and Jonesboro Roads is already very dangerous; both property owners to the north and east of the property will contribute to the road improvements, including turn lanes and a traffic light.  Residents asked, based on the previous rezoning, no Certificate of Occupancy to be issued until these improvements are completed. 

·        Regarding construction conditions, the Board of Commissioners placed many excellent construction conditions on the zoning on May 18th, and the conditions that were placed ensured a quality product.  Residents ask for the same conditions to be placed on this rezoning, so the quality of construction is consistent.

 

Commissioner Freedman said, “there are at least two (2) developers just waiting to see what happens as we go west on Chambers Road, waiting to ask for commercial. If we start creating commercial along there, they will ask for the same thing.”  He said based on the resolution prepared by staff, as a result of the Planning and Zoning Meeting and hearing the citizens speak, he thought the people would accept OI.   

 

Mr. Welch stated, “we have spoken to Ms. Barker about the west side of that portion of property being zoned OI as well, but the applicant is not amenable to that request.  What he is amenable to is what was presented to you tonight.  Also they have asked for a period of time where CO’s will not be issued to the property until the light is in place at the intersection of Chambers and Jonesboro Roads.”  Mr. Welch said that has been listed as one of the conditions of the rezoning.

 

Ms. Barker could not understand why it had to be C-2 rather than OI, based on the construction of a drug store, daycare center, etc. on the property.  She said OI is neighborhood friendly, but the residents would concede to C-1. 

 

Mr. Welch responded, “several months ago, his client was given an offer to do more intense commercial than just a drug store, and under the zoning ordinance, to do a stand-alone restaurant (which has been proposed to the applicant), he would have to have a C-2 commercial.  In C-1 it has to be part of a shopping center, and to have a ‘drive-thru,’ then that would have to be a C-2, as well.”  Mr. Welch stated many drug stores have a ‘drive-thru’ where the C-2 would be required. 

 

Commissioner Holman asked for clarification of the motion.

 

Chairman Maddox said the motion is to rezone the property OI only with the conditions.

 

Commissioner Holder said with the thoughts of that, he withdrew his second. 

 

Commissioner Freedman withdrew the motion.

 

Commissioner Freedman made a new motion to rezone the property C-1 and OI in accordance with the document that was given by the attorney, where on the western side of the property is OI, the southern side is OI and the corner, which is actually the southwest corner of Chambers and Jonesboro, is C-1 with the following conditions:

 

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

 

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

 

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

 

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

 

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

 

6.                  A forty (40’) buffer between this property and the adjacent residential properties shall contain the following number of plant materials for each fifty (50’) linear feet or portion thereof:

 

a.       One (1) Canopy Tree

b.      One (1) Evergreen Tree

c.       One (1) Understory Tree

d.      Five (5) Shrubs

 

7.                  The subject property shall allow for vehicle interconnectivity.

 

 

8.                  The following uses shall be excluded from the commercial portion:

 

a.       Funeral homes

b.      Indoor recreational facilities

c.       Laundromats

d.      Packaged stores

e.       Taxi offices

f.        Automobile washes

g.       Automobile service centers and stations

h.       Bus terminals

i.         Pawn shops

j.        Gasoline service stations with conduction major automotive repair

k.      Mortuaries

l.         Tattoo and piercing parlors

 

In addition, the applicant has given a statement regarding the contribution toward traffic signals and/or road improvements that reads as follows:

 

1.                  A letter for credit shall be provided by the Owner, Earl Warrington, or any other subsequent Owner of the property for an amount not to exceed $30,000 to be applied against traffic lights for and/or road improvements at the intersection of Chambers Road and Jonesboro Road provided, however, that the release of said credit shall be conditioned by a completion of said road improvements.  The road improvements referenced herein shall be those depicted in the Jonesboro Road and Chambers Road Intersection Improvement Construction Plans prepared by Street Smarts for Henry County SPLOST Management Department Job 359-510 dated 3/12/04. 

 

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

 

Commissioner Adams seconded the motion.

 

Commissioner Holder asked, “you went from C-2 to C-1, and you also had the OI band that was on the west side and the south side, is that correct?”  Commissioner Freedman answered, “just as they submitted when they came up here.”  Commissioner Holder said, “that is not what they submitted; they did not show a wrap-around OI.”  Commissioner Freedman asked,  “where did I get this?  Oh, this is what was faxed to me by Smith, Welch and Brittain.” 

 

Mr. Welch directed his statement to Commissioner Holder, “let the record show the faxed transmission, the ink is of course permanent, and what you see on there is ink that has been added to it; there has been handwriting to this; it is not something that I sent over.”

 

Commissioner Holder asked, “are you in agreement with the one with the wrap-around as the motion that is stated?”  Mr. Welch answered, “No.”

 

Commissioner Freedman interrupted and said, “Andy, I will apologize; that line was drawn on there tonight; I did not realize that.”

 

Mr. Welch said we are not in agreement with the wrap-around OI nor the C-1.

 

Commissioner Freedman said the definition for C-1 in the ordinance is “residential/commercial;” it is neighborhood friendly commercial; C-2 does not fit that category.  He said what should be done is make the corner C-1, the western boundary and the southern boundary OI.  This meets the criteria and is fair on both sides. 

 

Commissioner Holman said, “I have met with the applicant’s attorney, and I kept a note, and I was for OI.  I am real puzzled that we had a motion on the floor, but Commissioner Freedman has now changed the language that is in our exhibit book.”

 

Commissioner Freedman said the new motion is for C-1 and OI. 

 

Mr. Jaugstetter stated, “there is a lot of confusion about what is what.  I would ask, on behalf of the Clerk for the record, the exhibit that Commissioner Freedman moved to approve, if we can somehow give it a name, call it the “LC exhibit,” and let’s go ahead and get a copy of that for the Clerk so she can document it.  And if there is another motion that is presented and if there is another exhibit, let’s reference it and give it a name.”

 

Commissioner Holman said he is totally in favor of OI, because he is in favor of the transition.  He said that is a good way to draw the line in OI, and C-2 would allow the commercial to “creep” along the western side of Jonesboro Road.

 

Commissioner Adams asked Mr. Welch if they are willing to donate the right-of-way; Mr. Welch confirmed. 

 

The Chairman asked for the vote on the motion; the motion failed with a vote of 2-4-0 with Commissioners Freedman and Adams voting in favor and Chairman Maddox, Commissioners Holman, Harper, and Holder voting against. 

 

Commissioner Holman made the motion to approve the “exhibit resolution” with the seven conditions, approving OI on the entire tract; Commissioner Freedman seconded. 

 

Commissioner Adams said this is not what the applicant is asking for.

 

The motion did not carry with a tie vote of 3-3-0 with Commissioners Freedman, Adams, and Holman voting in favor and Chairman Maddox, Commissioners Harper and Holder voting against. 

 

Commissioner Holder made the motion as presented by the plat displayed by the applicant at tonight’s meeting, known as “Exhibit C-2 OI,” with the conditions #1 through #9 that the applicant gave to the Board with the two (2) provisions; Commissioner Harper seconded. 

 

Commissioner Freedman said this is totally opposed to what the District Commissioner and the people asked for.

 

Commissioner Holder said this will give the opportunity for the Board to vote this applicant down, and he can go back and look at the matter.  “I am putting a motion on the floor and if we approve it, we approve it, and if we deny it, then he can come back.”

 

Commissioner Freedman said, “then I can come up with another motion too.”  Commissioner Holder responded, “No, sir.  Once it is voted on or voted down, you cannot.”

 

Mr. Jaugstetter stated, “Commissioner Holder’s point is none of the motions voted on tonight have been motions on the request made by the applicant.  Once you vote on the applicant’s request, which Commissioner Holder has done, then you close the door.  If his request is denied, then we are done and if he challenges it……………..” 

 

Commissioner Freedman asked, “are you telling me you cannot make a subsequent motion after that?”

 

Mr. Jaugstetter answered, “not after his request has been voted on.  The other motions were not his request; they were alternative motions.”

 

Commissioner Holman said, “this, that was presented to the Board tonight, is not what the applicant applied for; he applied for C-2.  The applicant has amended his application tonight.  So I think equal dignity allows the Board to amend our zoning decision.” 

 

Chairman Maddox asked for the vote on the motion known as “Exhibit C-2 OI;” the motion did not carry with a tie vote of 3-3-0 with Chairman Maddox, Commissioners Harper and Holder voting in favor, and Commissioners Freedman, Adams, and Holman voting against. 

 

Chairman Maddox said, “I guess you can come back at the next meeting.”

 

Mr. Jaugstetter stated, “his request has essentially been denied.”

 

Commissioner Freedman asked if the applicant has to wait one (1) year. 

 

 

Commissioner Holder asked, “a 3-3-0 vote is not a denial is it?”

 

Mr. Jaugstetter answered, “it was not approved; I think the option is with the applicant.”

Commissioner Holder said, “it did not fail; a 3-3-0 is no action.”

 

Commissioner Freedman said he would contact their attorney to see if a compromise could be worked out. 

 

 

William Randar – RZ-04-44.

 

            Chairman Maddox read the below-listed resolution:

 

            WHEREAS, William Randar (RZ-04-44) has applied for a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) to allow for the location of a retail pet shop, for property consisting of 2.0 +/- acres and located at 2353 State Route 155, in Land Lot 6 of the 7th District (parcel ID #103-02-028-400); 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 October 14, 2004;

 

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

 

            Mr. William Randar appeared before the Board regarding the subject rezoning request.  He stated he established his pet store business in 1993, he employs five people, and he pays payroll, sales and property taxes.  He said he would like to move his existing pet store from Jonesboro Road to the subject location.  He stated the pet store is a small family-owned pet store, and he would be closer to schools he could assist.  Mr. Randar said his proposal is to renovate the existing house into a contained store, with no outdoor kennels, pens or noise.  He stated his hours of operation would be from 10:00 a.m. to 7:00 p.m.  He further stated a bank and pharmacy are located or proposed across the road from the subject property.  Mr. Randar said his request is not unreasonable. 

 

            Ms. Jane Randar stated she and her husband have performed a lot of community work in Henry County.  She said they receive requests to show some of the endangered species animals they carry.  She stated she and her husband previously withdrew their request at the recommendation from “the person who was overseeing us.”  She said the area is growing and commercial is creeping down the highway.

 

            Commissioner Holman clarified the motion is to deny.  Commissioner Harper stated that is correct.

 

            Mr. Rayford Cleveland, who lives at 2343 Highway 155, stated his house is next door to the subject property.  He said there are four houses “sitting in a row” on that stretch of property.  He said when the applicant goes home at 7:00 p.m., there will be puppies barking all night.  He said he recently invested $13,000 in renovating his home, where he has lived for 18 years.  He said there is enough commercial development in the area without allowing this pet store to locate in the middle of houses. 

 

            Ms. Linda Cleveland said the applicant originally said their plan was to place wooden houses behind the existing house where animals would be bred, which would result in odor and noise problems.  She said a tree on the applicant’s property fell on her fence six months ago and the applicant still has not removed the tree.

 

            Ms. Deborah Elzea, 2333 Highway 155, stated the prior owners of the subject property had dogs, which she could hear barking.  She said noise from multiple animals would be audible from her property.  She said this request does not comply with the Land Use Plan.  Ms. Elzea said she does not know how this would affect the status of S.R. 155 as a future Scenic Highway.

 

            Mr. Randar stated he rented the house to a person who owns large birds, and Mr. Cleveland told him he could not hear the birds from his house.  He said large birds make more noise than puppies.  He said he sells small dog breeds between seven and 13 weeks of age.  He said he does not plan to breed animals, but he will be Purchasing animals from breeders to re-sell.

 

            Commissioner Harper said last year he recommended this request be tabled or withdrawn because this would represent spot zoning, since it is in the middle of residential zoning.  He said the neighbors may be applying in a year, if a developer buys their property and wishes to place a strip shopping center on the property.  He noted the County is undergoing a complete re-write of the Land Use Plan, which is tentatively scheduled to be adopted in February.  He said his personal feeling is this represents a spot zoning, because it is in the middle of residential homes. 

 

            Commissioner Holman stated he wishes the applicant had been present to hear opposition when the property was rezoned OI on Crumbley Road at S.R. 155 where the veterinarian and bank offices are located.  He said C-2 is a far cry from OI.

 

            Commissioner Adams called the question; Commissioner Holman seconded; and the motion passed by a vote of 5-0, with Commissioners Holder, Holman, Freedman, Adams and Harper in favor.  Commissioner Holder said he did want to ask the applicant if he wished to withdraw his application since he would have to wait 12 months if this is denied.  Commissioner Harper said if the applicant withdraws his application, this matter could be reheard after February, should the Land Use Plan allow that to be commercial.  He said if the applicant does not withdraw the application and the Board denies the request, the applicant is precluded from reapplying for twelve months.  He further noted if the Board denies this request, the applicant has the right to litigate if all the proper steps have been followed. 

 

            Commissioner Holder said the Board has already voted now so the applicant may not be able to withdraw his motion.  Commissioner Holman said the Board voted to call the question.  Commissioner Freedman said “actually, Mr. Chairman, once the question is called, there is no more discussion; you have to go directly to the vote.” 

 

            Mr. Randar asked about the proposed Land Use Plan.  Commissioner Harper said the current Land Use Plan precludes the Board from zoning the subject tract commercial.  He said the new Land Use Plan, where the public is invited to give input, may allow commercial, noting he is not promising that will occur.  He noted if the request is tabled, he would not have to reapply and pay a new fee, but if it is denied, he would have to go through the application and fee process again.

 

            Based on Mr. Randar’s request to table his request, Commissioner Harper withdrew his motion for denial; Commissioner Holman withdrew his second.

 

            Commissioner Harper made a motion to table this request indefinitely; Commissioner Holman seconded; and the motion passed by a vote of 5-0, with Commissioners Freedman, Holder, Holman, Adams and Harper in favor.

 

            EMERGENCY SPLOST ITEMS:

 

Resolution to Reallocate Two Million Dollars from Hampton-Locust Grove Road to Lester Mill Road for Road Improvements from Hampton-Locust Grove Road to Bethlehem Road.

 

WHEREAS, Lester Mill Road is currently on the SPLOST II Master List, and;

 

WHEREAS, the construction plans for Lester Mill Road are currently completed, and;

 

WHEREAS, the Henry County Board of Commissioners recognize the need to improve our current local road network,

 

NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners hereby authorizes the budget transfer of two million dollars from Hampton-Locust Grove Road into the Lester Mill Road project, and hereby directs SPLOST staff to proceed with the construction of Lester Mill Road from Hampton-Locust Grove Road to Bethlehem Road.

 

           

Mr. Michael Harris, Public Works Division Director, presented a resolution to reallocate $2 million from Hampton-Locust Grove Road to Lester Mill Road for road improvement from Hampton-Locust Grove Road to Bethlehem Road.  He said plans have been drawn and there is an opportunity to recoup some savings on right-of-way costs.  He said the Lester Mill Road project will be redrawn over the next two years and the project will continue to move forward.

 

            Commissioner Holder made a motion to approve the resolution; Commissioner Freedman seconded; and the motion passed by a vote of 5-0, with Commissioners Freedman, Holder, Holman, Harper and Adams in favor.

 

 

Resolution of the Henry County Board of Commissioners to Design and Build an Addition to “A Friend’s House.”

 

            WHEREAS, sealed proposals were solicited for a project to design/build an addition to “A Friend’s House”; and,

 

            WHEREAS, only one (1) vendor submitted a proposal for this project, as follows:

 

            VENDOR                                CITY/STATE                          BID AMOUNT

            Bon Building Services   Lithonia, Georgia                      $921,145.00 (with basement)

                                                                                                            $825,763.00 (without 

                                                                                                                                   basement)         

 

            WHEREAS, funding for this project will be through a lease/purchase program; and

 

            WHEREAS, Bon Building Services’ proposal meets specifications and is recommended by departmental personnel.

 

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners awards the contract to design and construct an addition to “A Friend’s House” to Bon Building Services in the amount of  $921,145.00; the Chairman shall be authorized to sign all contract documents required for this project.

 

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

 

 

COMMISSIONER(S) COMMENTS:

 

There were no Commissioner(s) comments.

 

 

APPROVAL OF MINUTES:

 

Commissioner Holder made the motion to approve the November 1, 2004 and November 2, 2004 Minutes for the Regular Board of Commissioners Meetings, and the November 4, 2004 Minutes of the ‘Called’ Board of Commissioners Meeting; Commissioner Harper seconded.  The motion carried 5-0-0 with Commissioners Holder, Harper, Freedman, Adams, and Holman voting in favor.

 

 

UPCOMING MEETINGS:

 

11/25/04          Thursday          -                       Thanksgiving Holiday

 

11/26/04          Friday              -                       Thanksgiving Holiday – Observed

 

12/06/04          Monday           9:00 a.m.          Regular BOC Meeting

 

12/07/04          Tuesday           9:00 a.m.          Regular BOC Meeting

 

12/20/04          Monday           9:00 a.m.          Regular BOC Meeting

 

12/21/04          Tuesday           6:30 p.m.          Regular BOC Meeting

 

 

Chairman Maddox announced there will be no Executive Session.

 

Commissioner Holman made the motion to adjourn; Commissioner Adams seconded.  The motion carried 5-0-0 with Commissioners Holman, Adams, Harper, Holder, and Freedman voting in favor.  The meeting adjourned at 9:27 p.m.

 

                                                            Leland Maddox, Chairman

 

Peggy L. Malcolm, Deputy County Clerk