STATE OF GEORGIA
COUNTY OF HENRY
The Henry County Board of Commissioners held a Regular Meeting at 9:00 A.M. on Tuesday, June 1, 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,
Also attending were Linda Angus, County Manager; Patrick Jaugstetter, County Attorney; Susan B. Craig, County Clerk; Shay Mathis, Deputy County Clerk; Rob Magnaghi, Deputy County Manager and Public Safety Division Director; LaTonya Wiley, Deputy County Attorney; Danny Taylor, Economic Development Division Director; Michael Harris, Public Works Division Director; Tommy Smith, Interim Purchasing Director; and others.
Chairman Maddox called the meeting to order and asked Commissioner Holder to make an announcement. Commissioner Holder stated, “Henry County lost yesterday one of its senior employees, William Evans, who had been with the County for 30 years. His funeral will be this morning at 11:00 A.M. and there will be announcements later in the meeting. I would like to ask for a short moment of silence in honor of William and in remembrance of his family.”
Chairman Maddox asked for an Acceptance of the Agenda. Commissioner Harper interrupted and said it is the appropriate way for the Board of Commissioners to pay their respects by attending the funeral as a body at the Haistens Funeral Home at 11:00 A.M. Commissioner Harper made a motion to recess at 10:45 A.M. to attend the funeral and to return and reconvene an hour later into session. Chairman Maddox said he would like to make an announcement on RZ-03-66, Fayette Environmental LLC of Conley, Georgia, requests a rezoning from RA (Residential Agricultural) to M-2 (Heavy Manufacturing) for property located on SR 42 South in Land Lot 159 of the 2nd District requesting an industrial subdivision, to be postponed until the June 15, 2004 Board Meeting. Commissioner Harper made a motion to approve the Agenda with the exception of postponing Fayette Environmental, LLC; Commissioner Holder seconded. The motion carried 4-0-0 with Chairman Maddox and Commissioners Adams, Harper, and Holder voting in favor. (Commissioners Holman and Freedman were late arriving to the meeting and did not vote.)
The owners of the following subdivisions have applied for the creation or expansion of streetlight districts:
· Forrest Ridge, 12 lights, 39 lots, Georgia Power, District I
· Watkins Glen, Unit II, 9 lights, 31 lots, Georgia Power, District V
· Cambridge Park, 3 additional lights, 40 lots, Georgia Power, District II
· Oakridge Estates, 6 lights, 9 lots, Georgia Power, District II
All County and State requirements for a public hearing have been met, and the Development Plan Review Staff for Henry County has reviewed the requests and submitted reports that are part of the public record. The Development Plan Review Staff has reviewed and recommended approval of the requests.
Commissioner Harper made a motion to approve the Streetlight requests; Commissioner Holder seconded. The motion carried 3-0-0 with Commissioners Harper, Holder and Adams voting in favor.
(Commissioner Holman entered the room at 9:07 A.M.)
An Ordinance for the purpose of amending Article XII of Chapter 3-7 of the Code of Henry County, Georgia, for the purpose of eliminating the application and permit requirements for certain signs during certain time periods and for other purposes.
WHEREAS, Article XII of Chapter 3-7 of the Code of Henry County contains regulations applicable to signs posted on public and private property throughout Henry County; and
WHEREAS, the Board of Commissioners finds that signs provide an important medium through which individuals and entities may convey a variety of commercial and noncommercial messages; and
WHEREAS, the Board of Commissioners finds that certain regulations applicable to signs are necessary to protect the public health, safety and welfare of the citizens of Henry County;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HENRY COUNTY GEORGIA, AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME, that the Article XII of Chapter 3-7 of the Code of Henry County, Georgia, is hereby amended as follows:
A new Section 3-7-246 is hereby adopted to read as follows:
Notwithstanding anything to the contrary in this Article XII or elsewhere in the Code of Henry County, the application and permitting requirements of this Article XII shall not apply to any sign with less than or equal to 32 square feet of maximum signable area per side, which sign is posted, erected or constructed during the period commencing upon the date which is ninety (90) days prior to the date of any primary election, general election or run-off election and ending on the day following the date on which the primary election, general election or run-off election is conducted (such period of time is hereinafter referred to as the “Permit Exempt Season”). Unless permitted elsewhere in this Article XII, no sign shall remain posted, erected or constructed after the conclusion of the Permit Exempt Season unless all requirements of Section 3-7-233 and all other requirements of this Article XII have been and remain satisfied.
Other than the specific sections of the Code of Henry County, Georgia referenced herein, the remaining sections contained within any article, chapter or section of the Code of Henry County shall remain unaltered by this ordinance.
All ordinances, parts of ordinances or regulations in conflict herewith are hereby appealed.
Should any section or provision of this ordinance, as amended, be declared invalid or unconstitutional by a court of competent jurisdiction, such declaration shall not affect the validity of the ordinance as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional.
It is the intention of the Board of Commissioners and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of Henry County and any sections of such ordinance or Code of Ordinances may be renumbered to accomplish such intention.
This ordinance shall take effect and be in force from and after the date of its adoption, the public welfare demanding it.
Commissioner Adams made a motion to accept the resolution; Commissioner Holder seconded for discussion.
(Commissioner Freedman entered the room at 9:10 A.M.)
Commissioner Holder said he would support this type of amendment with the condition agricultural be included because of Christmas tree farms, strawberry farms, etc. throughout the County. He stated they are basically in the same situation the politicians are in, and politicians should not be given anything or any advantage over any other entity in the County.
Commissioner Adams agreed and amended his motion to include agricultural.
Commissioner Holman said he had an issue regarding the way the Ordinance was written, referencing Section 1 on the first page. The language before Section 2 states, “no sign shall remain posted, erected or constructed after the conclusion of the permit exempted season.” He said that season is when an election is over, and he thought a date should be selected when the election is totally over. Due to the large number of people running for County offices, it will be a horrendous undertaking to pick up all of the signage. He stated, “I ask the County Attorney, Patrick Jaugstetter, to offer and float some amendment to allow a time clock for the application fee to continue to be waived so that the signs do not become illegal the day after the election.”
Commissioner Freedman stated it says ‘one day’ (the day after) and recommended it should say ‘fourteen (14) days’ as a change.
Mr. Jaugstetter said the time limit after the permit season, or after an election, has been recommended by the Planning Commission to be three (3) days after an election. He said Commissioner Holman had recommended seven (7) days and Commissioner Freedman has now suggested fourteen (14) days. He added this Ordinance applies during this season, ninety (90) days prior to an election, and whatever period of time the Board decides on after the election for any sign to be posted without the payment of an application permit fee. All signs have to be regulated the same way. Mr. Jaugstetter said he could not draft an Ordinance that says, “signs advertising produce grown on site are exempted,” because that would be a conflict based Ordinance that could very well invalidate the entire Ordinance. Mr. Jaugstetter said he would research the State law and see what could be done.
Commissioner Holman stated Code Enforcement is waiting for the Board to define the Sign Ordinance for political seasons. Commissioner Holman asked for the amended motion to be repeated.
Commissioner Adams stated the motion was to approve the resolution to include the agricultural element.
Mr. Jaugstetter suggested the Board either adopt this Ordinance, or not adopt the Ordinance and allow him to look at the agricultural issue. He said the Board should not jeopardize the entire Sign Ordinance.
Commissioner Freedman asked for an amendment to the motion for the time or duration that signs can stay up.
Commissioner Holman suggested the Board turn down this Ordinance and allow the County Attorney to study the language and consider the new issue about seasonal advertisement.
Commissioner Adams amended his motion to ten (10) days, and Commissioner Holder seconded, and said he would like to withdraw the agricultural portion from this motion.
Mr. Steve Davis, a candidate for the House of Representatives, spoke from the audience and said he wanted to point out an item in this Ordinance that could be conflicting. He said it shows ninety (90) days prior to an election and if there is an extension of ten (10) days to take the signs down, you have a grace period between the Primary and the General Election and the signs will be in conflict with the Ordinance. There are 105 days between the Primary and the General Election.
Commissioner Adams withdrew his motion; Commissioner Holder withdrew his second.
Commissioner Freedman moved to approve the Ordinance as written with the following change. Under Roman numeral I of the existing Ordinance it should state, “……….upon the date which is ninety (90) days prior to the date of any primary election, general election or run-off election and ending twenty (20) days following ……………” Also, Commissioner Harper made the correction under Roman numeral III to change the word, “appealed” to “repealed.” Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Freedman, Holman, Harper, Adams and Holder voting in favor.
Modification of a Zoning Condition:
Hudgins Communities (MC-02-04) has applied for a modification to a zoning condition for property located along the south side of Brannan Road with the Carlyle @ Rockport Subdivision in Land Lot 3 of the 7th District. All County and State requirements for legal advertisement and a public hearing have been met. The Henry County Municipal Planning Commissioner reviewed and recommended approval of the request on March 11, 2004. The Henry County Board of Commissioners approved the request for a modification to a zoning condition with the following conditions:
1. A revised final plat shall be submitted to the Department of Plan Review for approval removing all references to the walking/jogging trail.
2. Condition 5, approved with the rezoning request on December 17, 1996, is removed as a condition of rezoning.
3. All the homeowners affected by the removal of the walking/jogging trail are provided a new final plat, by the developer, at no expense, removing the walking/jogging trail.
Commissioner Harper moved to approve the resolution and made it contingent upon the settlement of this issue pursuant to an agreement dated October 15, 2003, between Carlyle Homeowners Association and Hudgins Communities. Commissioner Holman seconded.
Commissioner Adams asked for an explanation of how this happened.
Mike Horne, representing Hudgins Communities, stated, “the property was zoned in 1996, and there was a condition placed on the property for a walking trail. The subdivision is a cluster subdivision and the lots are small. The trail was placed on the back of the lots approximately twenty (20’) feet from the houses, and it was an arbitrary trail drawn up by the engineer and approved at zoning. The plat was recorded, and we began building houses. After about thirty (30) houses were built, we realized we had a problem. The trail was too close to some of the houses, and we came back a couple of times and tried to modify it and found more problems when the utilities went in. It was a bad plan, and we found it was impossible to modify. We came up with a couple of solutions, but the developer and the homeowners could not agree on what to do. Therefore, we came up with a cost for the whole thing, and we gave the homeowners the money to do with as they pleased. We are at fault, and we tried to work it out. The subdivision does have five (5’) foot sidewalks.”
Commissioner Adams asked staff if they have any safeguards to avoid this happening again.
Ms. Kimberly Smith, Planning and Zoning Director, stated they did not have safeguards unfortunately, but hoped they could look into putting something into the Unified Land Development Code pertaining to this.
Commissioner Adams stated it seemed like an honest mistake, but it was a pretty big one. He stated we do not need for this to happen again.
Mr. Horne stated now, before a final plat is approved, certain amenities must be installed before the County signs off on it.
Commissioner Freedman said there were advertising brochures of the Carlyle which depicted where the walking trail was going. The homeowners stated they did not get what was sold to them, and Mr. Hewitt, the past President of the Homeowners Association, had said the walking trail could be a value for that age group, but as it is shown at this time, because of loss of property value, the paths are too close to some houses. He read a letter from the Subdivision Homeowners Association stating they would accept $21,180.00 in lieu of the walking trail. He asked the homeowners in the audience if they were satisfied with that before the Board voted to remove the condition.
Ms. Loretta Petty, the current President of the Carlyle Homeowners Association, said they had agreed to accept it, but they were not satisfied with it.
Chairman Maddox asked if there was any opposition to this request.
Ms. Petty said, “we are not here today in opposition to the settlement, but we are here to clarify it and record it on the plat that the language was ‘the trail should be put in at the start of the development along with the landscaping and should be maintained by the developer for at least two (2) years or until built out of the development, whichever comes first.’ That was recorded back in 1996. The language was there; it was just blatantly not put in; he just did not do it. We negotiated back and forth with Mr. Hudgins, and we have finally come to this settlement. However, we did not and we still do not agree that the amount offered was what should have been, because the amount offered to the homeowners is far less than what the trail would cost to install according to bids from other companies. They far exceeded $21,000.00; we had bids of $50,000.00, $41,000.00, etc. The figure of $21,000.00 came from Mr. Hudgins himself as to what he could put the walking trail in for the community. We felt we deserved double that amount and that would be fair. But when people are over fifty-five (55) they finally wear down and just want to put it behind them.” Ms. Petty asked the Board to look into this and not allow this to ever happen again where things are required.
Commissioner Holman said he would like the Commissioner from the District to consider $42,000.00.
Commissioner Harper moved to table the matter.
Ms. Petty said most of the amenities were built in the wetlands. One of the extenuating costs of putting the walking trail in was the fact that it would have to cross over wetlands, which would be a raised walking trail. The clubhouse, tennis court, parking lot and swimming pool are built in wetlands and negotiations are now going on with the County to try and take some of the water off of the community. The community has had lots of problems with drainage.
Commissioner Adams asked if Ms. Petty would consider extending this for thirty (30) days to try and get the community a better deal.
Ms. Petty asked the Homeowner Board Members in the audience if they would consider tabling this for thirty (30) days, and they agreed.
Commissioner Holman asked if the BOC had the authority to assign a money amount for the homeowners.
Commissioner Holder said the settlement agreement between the two (2) parties is a private agreement. He said the Board’s involvement is either remove the condition or leave the condition in.
Commissioner Harper withdrew his motion for approval; Commissioner Holman withdrew his second.
Commissioner Harper made a motion to table this issue until the second meeting of July, 2004. Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Harper, Holman, Freedman, Holder and Adams voting in favor.
Commissioner Holder said, referencing the rezoning on the Agenda of Fayette Environmental, LLC which has been tabled, there is an application for that to be annexed into the City of Locust Grove, and he asked for no date to be placed on the tabling of this issue.
3-D Construction – RZ-03-69:
3-D Construction, Inc. of Hampton, Georgia, requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located on the western side of LeGuin Mill Road and north of Cardell Drive, in Land Lot 254 of the 2nd District and Land Lot 243 of the 7th District. The property consists of 87.70 +/1 acres, and the request is for a single-family residential subdivision. The Municipal Planning Commission recommended approval on April 15, 2004.
Commissioner Holder made a motion to approve with conditions; Commissioner Freedman seconded.
Mr. Andy Welch, attorney, represented 3-D Construction and said the density presented is 1.078 homes per acre with a front setback of forty (40’) feet minimum. He said there was a proposal of eighty-five (85) lots on the property consisting of 80.01 net usable acres. Mr. Welch stated in structuring this development, it provides for over 17.5% of the land to be greenspace that is developable.
Chairman Maddox asked if there was any opposition to this request, and no one responded.
Commissioner Holder reminded the Board this was the watershed area, and he contended the smallest lot in this development will be a minimum of 30,000 and goes up as high as 40,000 to 42,000. He said there will be a hundred (100’) foot buffer that the watershed will require. There is a reduction in the setback, because of less impervious surface.
The following is the list of conditions for the approval of the rezoning:
1. The net density of any residential development on the property shall not exceed one (1) dwelling unit per net acre.
2. The minimum heated floor space for each residential dwelling shall be no less than two thousand (2,000’) square feet.
3. The primary exterior siding material of the residential dwellings shall consist of brick, stone, masonry board (e.g. hardiplank), or any combination thereof. Cedar shingle or stucco may be used for siding accents. No vinyl siding shall be permitted except for soffits, cornices and facia board.
4. Developer shall preserve a minimum of fifteen and four tenths (15.4) acres of undisturbed green space located in the area depicted on the site plan submitted with the application. The only exception to this disturbance limitation shall be to allow for installation of utilities and storm water detention facilities where necessary according to a licensed engineer. Said greenspace shall be conveyed in fee simple to the Homeowner’s Association of any residential development on the property.
5. To further reduce the impervious area, developer shall have a minimum front yard setback of forty (40’) feet.
6. Developer shall maintain a one hundred (100’) foot undisturbed buffer along the stream that forms the boundary between the subject property and property owned now or formerly by Bruce and Anne Zigler.
7. Any residential development on the property shall provide sidewalks on both sides of the streets, no less than four (4’) feet in width.
8. All developed lots on the property shall have front and side yards sodded from the curb to the rear drip line of the dwelling.
9. All utilities shall be placed underground.
10. The developer shall construct a children’s playground area no less than one quarter (1/4) of an acre.
11. Developer shall adhere to the Tree Ordinance in effect at the time of this rezoning.
12. Two-car garages shall be required. The minimum garage size shall be no less than twenty-four feet by twenty-four feet (24’ X 24’) or five hundred and seventy-six square feet (576 sq. ft.).
Commissioner Holder stated he would like to add a condition #13 that is part of the Subdivision Ordinance that is required. Condition #13 states, “the entrance will be constructed for accel and decel lanes according to the Henry County DOT requirements.”
Commissioner Holder amended his motion to approve the rezoning of said property RZ-03-69 with the 12 conditions and adding condition #13. Commissioner Freedman amended his second with discussion.
Commissioner Freedman stated he had a concern of the minimum lot size of 30,000 square feet not being listed as one of the conditions.
Commissioner Holder amended his motion to approve the rezoning of said property RZ-03-69 to include a condition #14 stating the minimum lot size will be 30,000 square feet. Commissioner Freedman amended his second.
Commissioner Adams questioned condition #3 and asked if the home fronts would be brick and the three sides would be hardiplank.
Mr. Dennis Duncan of 3-D Construction said the intent is “architecturally, my hands are not tied behind me.” He said they try not to give one particular look; there will be full brick homes and a combination of siding and stone on the front of some of the homes.
Commissioner Holman requested the motion be changed for condition #3 to state, “all sides brick, stacked stone or masonry product or any combination thereof.” Also referencing condition #12 regarding two-car garages, the Commissioner wanted to add “side entry garages.”
Commissioner Holder said across the street from this proposed development are individual modular homes or Jim Walter Homes. He said there are places for ‘all brick, 3,000 square foot homes,’ but this area is not of the income level and would not be marketable to place conditions on this particular piece of property stating 3,000 square foot, all brick homes. He stated what the developer is proposing here is an upgrade to that particular community.
Commissioner Adams asked for the cost of these homes.
Mr. Duncan said they would range from $160,000 to $190,000, but now with the conditions that have been structured, the price point will have to go up.
Ms. Kimberly Smith said as a point of clarification, condition #1, “the net density of any residential development of property shall not exceed one (1) dwelling per acre,” and condition #5, “to further reduce impervious area, developers shall have a minimum front yard setback of forty (40’) feet.” Ms. Smith said conditions #1 and #5 would actually be in the form of a variance.
Commissioner Holder said he would state in the record that conditions #1 and #5 would be a variance to the existing Ordinance.
Mr. Jaugstetter said he thought this was a separate request and should be considered separately.
Commissioner Holman said there are three (3) matters on the table, a rezoning request and two (2) variances.
Mr. Jaugstetter said to properly grant the variance, a variance application should be filed.
Commissioner Holder said the vote was taken with these conditions included. Then he said we go back and speak of the variance. The variance request goes to the Planning Board, but the governing authority, this Board, cannot override.
Mr. Andy Welch clarified for the record, “the application did stipulate the site plan contain within it 30,000 square foot lots as the minimum. This is known that it’s in the watershed; also the applicant requested that there be a variance granted for forty (40’) foot front setback minimums.”
Commissioner Holder withdrew the two (2) variance conditions.
Commissioner Freedman suggested having two (2) different procedures take place, the zoning and the variance.
Chairman Maddox replied he thought it could be voted on one (1) procedure.
Commissioner Holder said if the Chairman would accept the first vote, without mentioning the variance, and if an issue is raised about the variances, then it would be heard by Planning and Zoning.
Chairman Maddox asked for a vote on the original motion. The motion failed 2-3-0 with Commissioners Holder and Harper voting in favor and Commissioners Freedman, Adams and Holman voting against.
Commissioner Freedman stated he thought the Board should not make those conditions. He thought a motion should be made on the zoning with the conditions and a subsequent motion should be made on variances. He thought it was not sustainable.
Commissioner Holder made a motion to approve with conditions #2, #3, #4, #6, #7, #8, #9, #10, #11, #12, #13 and #14 for RZ-03-69. Commissioner Freedman seconded. The motion carried 3-2-0 with Commissioners Freedman, Harper and Holder voting in favor and Commissioners Adams and Holman voting against.
Commissioner Holder moved to approve Variance #1, “the net density of any residential development on the property shall not exceed one (1) dwelling unit per net acre,” and Variance #5, “to further reduce the impervious area, developer shall have a minimum front yard setback of forth (40’) feet.” Commissioner Freedman seconded.
Commissioner Holman wanted the record to reflect the reason he was voting against this was because he voted against the original resolution in that it was not a 100% masonry product; it included the hardiplank. He said he was totally in favor of the concept to allow the Board to recognize the need of a variance and avoid sending applicants back through another Board.
The vote was taken on the variance; the motion carried 4-1-0 with Commissioners Freedman, Harper, Holder and Adams voting in favor and Commissioner Holman voting against.
Cameron Development Corporation – RZ-03-72:
Cameron Development Corporation of McDonough, Georgia, requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located on the west side of Chambers Road, south of Jonesboro Road and north of Mt. Carmel Road, in Land Lots 116 and 141 of the 6th District. The property consists of 43.05 +/- acres, and the request is for a single-family residential subdivision. The Municipal Planning Commission recommended approval on March 25, 2004 and the Henry County Board of Commissioners approve the rezoning request with the following conditions:
1. All houses shall have a minimum of 2,200 square feet of heated floor area.
2. All lots shall be a minimum of 22,000 square feet.
3. All houses shall be built on site (no modular or manufactured homes) and have a minimum of two-car garages.
4. All houses shall be built with three (3) sides consisting of brick, stucco, or stone.
5. No vinyl siding will be used on the exterior of any house except cornice, soffit or eave area.
6. All front yards and side yards shall be sodded to the rear drip line of the house.
7. Uniform mailboxes shall be used throughout the subdivision.
8. Underground utilities and streetlights shall be installed.
9. Acceleration and deceleration lanes shall be constructed as required by the Henry County Department of Transportation.
10. The entrance of the subdivision shall include a boulevard or divided entrance off of Chambers Road.
11. The maximum density shall not exceed 2.5 dwelling units per acre.
12. A ten (10) foot wide buffer shall be planted around the perimeter of the property.
Commissioner Freedman moved to approve the resolution with changes; Commissioner Holder seconded.
Chairman Maddox asked if there was any opposition to this request; there was no response.
Mr. Stan Cameron with Cameron Development Corporation said he was in full agreement with the conditions listed with the changing of two (2) of the conditions to read instead of 1,800 square foot homes, there would be a 2,200 square foot minimum and instead of 18,000 square foot lots, there would be 22,000 square foot lots. He stated they met with the community and Commissioner Freedman, and Cameron Development Corporation agreed to amend the request as follows: instead of 1,800 square foot homes we agreed 50% of the homes would be at a minimum of 1,800 square feet, and the remaining 50% would be 2,000 square feet. Originally the agreement was 3-sides brick, stucco or stone, and this was amended to 4-sides brick, stucco or stone, but the 18,000 square foot lots would remain the same.
Commissioner Freedman stated at that meeting, according to his notes, the agreement was one-third, one-third, and one-third on house sizes. Commissioner Freedman moved to approve the rezoning from RA to R-2 for RZ-03-72 with the following conditions.
1. Houses shall have the following square foot minimum: one-third – 1,800 square foot minimum, one-third – 2,000 square foot minimum, and one-third 2,200 square foot minimum.
2. All lot sizes shall be a minimum of 18,000 square feet.
3. (Remains the same.)
4. All house shall be built of 4-sides consisting of brick, stucco or stone.
All the other conditions remain the same with ten (10’) foot wide buffers to be planted around the perimeter of the property with Plan Review staff selecting species and size of trees. Maximum density is the same, shall not exceed 2.5 dwelling units per acre.
Condition #13 to be added to state, “no CO’s or permits will be issued until sewer is in place.”
Commissioner Holder seconded. The motion carried 4-1-0 with Commissioners Freedman, Harper, Holder and Adams voting in favor and Commissioner Holman voting against.
Register & Associates – RZ-04-06:
Register & Associates of McDonough, Georgia, requests a rezoning from R-2 (Single-Family Residence) to OI (Office/Institutional) for property located at 3949 Jodeco Road, in Land Lot 63 of the 7th District. The property consists of 0.52 +/- acre, and the request is for a professional office building. Municipal Planning Commission recommended approval on April 8, 2004. The Henry County Board of Commissioners approves the rezoning request with the following conditions:
1. All new buildings shall be consistent with the existing structure. The Department of Development Plan Review shall have approval of the architectural plans.
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 wall being consistent with the façade of the building.
5. A variance to reduce the required forty-foot (40’) planted buffer along parcels zoned for residential.
Commissioner Harper moved to approve the resolution with the five (5) conditions; Commissioner Adams seconded.
There was no opposition to this request. Commissioner Harper noted in condition #2 that it should be in compliance with the Sign Ordinance. The motion carried 5-0-0 with Commissioners Harper, Adams, Freedman, Holder and Holman voting in favor.
Chairman Maddox stated the Board had an Agenda amendment to recess to attend the funeral of Mr. William Evans. Commissioner Harper made a motion to recess; Commissioner Adams seconded; the motion carried 5-0-0 with Commissioners Harper, Adams, Holman, Freedman and Holder voting in favor.
The Board reconvened at 12:05 P.M. and Chairman Maddox called the meeting to order.
Hayes Development Corporation – RZ-04-08:
Hayes Development Corporation of Fayetteville, Georgia, requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located on the northern side of Hampton-Locust Grove Road, in Land Lots 209 and 240 of the 2nd District. The property consists of 35.47 +/- acres, and the request is for a single-family residential subdivision. The Municipal Planning Commission recommended approval on April 8, 2004. The Henry County Board of Commissioners approves the rezoning request with the following conditions:
1. The net density shall not exceed 2.5 dwelling units per acre.
2. House sizes shall be a minimum of 2,200 square feet and a minimum of 22,000 square foot lots.
3. County water and sanitary sewer shall be provided for each lot.
4. Houses shall be built on site; no modular homes will be allowed. Two-car garages will be standard.
5. Developer shall install sidewalks on both sides of the streets; decorative street lighting shall be throughout the subdivision.
6. Each lot is to be sodded to the rear drip line of the house.
7. The developer shall install underground utilities.
8. All houses shall consist of three-sides brick, stucco and hardi-plank, with no vinyl.
9. The existing fifty (50’) foot open space buffer separating the proposed development and Whispering Willows, Unit 1 shall remain undisturbed.
10. It is recommended that the developer shall establish protective covenants and a homeowners association.
11. Developer shall install acceleration/deceleration lanes in accordance with the Henry County Department of Transportation.
12. The entrance of the subdivision shall be a 75-foot boulevard or divided entrance off of Hampton-Locust Grove Road.
13. There shall be no clear cutting on the proposed site.
Chairman Maddox asked if there was any opposition to this request; there was no response.
Commissioner Freedman moved to approve the rezoning from RA to R-2 with the thirteen (13) conditions with changes. Commissioner Holder seconded.
Commissioner Freedman stated the condition changes:
#2 – House sizes should be 2,200 square feet, and the lots along the Wycliff Subdivision, lots #25 through #13, shall have 22,000 square foot minimums and the rest of the lots shall be 18,000 square foot minimums.
#8 – will read, “all houses shall consist of 4-sides brick, stone or stucco; no vinyl.”
All other conditions will stay the same. Commissioner Holder seconded the amendment.
Commissioner Adams asked for consideration to allow the soffits and facia boards to be made of vinyl.
Commissioner Freedman amended his motion to change condition #8 to read, “soffits and facia boards may be made of vinyl.” Commissioner Holder seconded the amendment.
The motion carried 5-0-0 with Commissioners Freedman, Holder, Adams, Harper and Holman voting in favor.
TA Investments, LLC – RZ-04-11:
TA Investments, LLC of Lithonia, Georgia requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located at 5796 Hearn Road, in Land Lot 224 of the 12th District. The property consists of 30.30 +/- acres, and the request is for a single-family residential subdivision. The Municipal Planning Commission recommended approval on April 15, 2004. The Henry County Board of Commissioners approves the rezoning request with the following conditions:
1. The minimum house size shall be 3,000 square feet (heated space).
2. The houses shall be built on site; no modular homes will be allowed, with two-car side-entry garages standard.
3. Underground utilities and streetlights shall be required.
4. All houses shall be all brick exterior.
5. All lots shall front interior to the subdivision.
6. The developer shall install sidewalks on both sides of streets along the interior of the subdivision.
7. The developer shall install sidewalks along the exterior of the subdivision, along Hearn Road.
8. All yards shall be sodded to the rear drip line of the houses.
9. Developer shall install acceleration/deceleration lanes in accordance with the Henry County Department of Transportation.
10. There shall be a ten (10’) foot no-access buffer located along lots adjacent to Hearn Road to be maintained by homeowners association.
11. No clear-cutting of trees.
Chairman Maddox asked if there was any opposition to this request; there was no response.
Commissioner Holman moved to approve the rezoning request (RZ-04-11) with the eleven (11) conditions, but stated he wanted to add a twelfth (12th) condition; Commissioner Adams seconded.
Commissioner Holman directed his changes to the applicant, Mr. Therron Adams. The Commissioner amended condition #4 to read, “All houses shall be all brick or stacked stone or any combination thereof with stucco as an accent only. (No sides will be stucco.) It will be the builder’s decision for the soffitt and facia boards to be made of vinyl or wood.” (The Commissioner of District V asked to go on record stating he would prefer vinyl.) Condition #12 was added for clarity in the platting process for the minimum lot size to be 30,000 square feet.
Commissioner Freedman referenced condition #10 and stated the words “no access” should be removed so that the homeowners association could maintain the buffer and should be replaced with the wording, “no road access to Hearn Road.”
Commissioner Holman amended his motion to change condition #10 to read, “no access to Hearn Road” (other than the subdivision entrance). Commissioner Adams amended his second.
Mr. Therron Adams referenced condition #1 and stated they had asked for ranch style homes to be built with a 2,500 square foot minimum.
Commissioner Holman said these were the conditions that were agreed to at the Planning and Zoning Board Meeting and he preferred that they stand.
Mr. Ray Gibson of the Planning and Zoning Department stated the 2,500 square feet was the Planning and Zoning staff’s recommendation; the 3,000 square feet was the Planning Board’s recommendation.
The motion carried 5-0-0 with Commissioners Holman, Adams, Freedman, Harper and Holder voting in favor.
Chairman Maddox said there was a recommendation to go into Executive Session. Commissioner Freedman made the motion; Commissioner Holder seconded; the motion carried 5-0-0 with Commissioners Freedman, Holder, Harper, Holman and Adams in favor.
(An Executive Session was held.)
Commissioner Holman made a motion to reconvene into Public Session at 1:50 p.m. and Commissioner Harper seconded. The motion carried 5-0-0 with Commissioners Holman, Harper, Holder, Adams and Freedman voting in favor.
Commissioner Holman moved to authorize the Chairman to sign the affidavit of Executive Session; Commissioner Harper seconded. The motion carried 5-0-0 with Commissioners Holman, Harper, Holder, Adams and Freedman voting in favor.
Commissioner Holman moved to amend the Agenda to include a petition for the County Manager denying the resolution of the Henry County Board of Commissioners denying a petition of Kenneth Dawson for review of decision with the County Manager and to be placed under item #XII of the Agenda.
ECONOMIC DEVELOPMENT DIVISION:
Presentation by the Georgia Department of Transportation regarding a Truck Study:
Ms. Linda Angus, County Manager, asked for this to be tabled to a later date.
Request for Approval of a License Pertaining to the Sale of Alcoholic Beverages for Packaged Sales at the Location of the Eckerd at 1825 Jonesboro Rd.
Mr. Edward R. Dudley, Manager of Eckerd Corp. located at 1825 Jonesboro Road, McDonough, Georgia, requests a license to sell packaged beer and wine from this location. Mr. Dudley has met the required specifications set forth in the Alcoholic Beverage Ordinance.
Commissioner Freedman moved to approve the request; Commissioner Holder seconded; the motion carried 5-0-0 with Commissioners Freedman, Holder, Holman, Adams and Harper voting in favor.
A Resolution to Engage Tischler and Associates of Bethesda, Maryland to Perform a Transportation Impact Fee Study, and for Other Purposes.
WHEREAS, Henry County has previously adopted a development impact fee ordinance and;
WHEREAS, out of public necessity and for the good of the citizens, the Henry County Board of Commissioners have identified the need to amend the ordinance to include a transportation impact fee for system improvements to the transportation network of the County; and
WHEREAS, the staff of the Board of Commissioners has solicited a sole source proposal for professional services for the aforesaid purpose.
NOW, THEREFORE BE IT RESOLVED the Henry County Board of Commissioners hereby authorizes the County Manager to negotiate and enter into an agreement with Tischler and Associates of Bethesda, Maryland utilizing their designated subcontractor to prepare a transportation impact fee schedule and a draft amendment to the Capital Improvement Element of the Comprehensive Plan in accordance with the Official Code of Georgia Annotated (O.C.G.A.) Section 37-17-1 cited as the Georgia Development Impact Fee Act.
· The contract value of this work is not to exceed $58,201
· The notice to proceed is subject to the date of complete execution of contract by all parties.
· The contract period is not to exceed four (4) months.
Commissioner Harper moved to approve the contract; Commissioner Adams seconded.
Commissioner Holder asked the question why Ross and Associates, who had previously done an impact fee methodology study, was not overseeing this study.
Ms. Angus answered, “we contacted Ross and Associates for money and asked them for a price and a layout of what they would do, and they gave us no response and no price for the longest time and we had to proceed. I do not know if they ultimately said anything or not, but it may be something they just do not like to do.”
Ms. Angus stated she thought Tischler and Associates’ price was very reasonable based on our being a new collector of road information.
Commissioner Adams called the question. Commissioner Holman seconded. The motion carried 5-0-0 with Commissioners Adams, Holman, Harper, Holder and Freedman voting in favor.
The Chairman asked for a vote on the approval of the contract to not exceed $58,201 and the contract period will not exceed over four (4) months; the motion carried 5-0-0 with Commissioners Harper, Adams, Holman, Holder and Freedman voting in favor.
HUMAN AND COMMUNITY SERVICES DIVISION:
A Request for Approval of a Bid for Design and Contract for an Addition to “A Friend’s House.”
Sealed proposals were solicited to design and construct an addition to “A Friend’s House,” and five (5) vendors submitted proposals for this project. Funds are available in the unallocated fund balance to complete this project. The Henry County Board of Commissioners award the contract for design and construction to Capital Construction Company in the base amount of $915,396.00, who best meets the specifications and requirements.
Commissioner Harper made a motion to approve this request; Commissioner Adams seconded.
Ms. Angus asked the Board to table this request until the next Regular Board Meeting. She stated staff is trying to sort out legally an issue of basement space by State Law, and whether we can add additional work to the contract and see if the cost will exceed the $1,000,000.
Commissioner Harper withdrew the motion to approve today; Commissioner Adams withdrew his second. Commissioner Adams made a motion to table the request; Commissioner Holman seconded; the motion carried 5-0-0 with Commissioners Adams, Harper, Holder, Freedman and Holman voting favor.
PUBLIC WORKS DIVISION:
Request Approval of Proposals for the Renovation of Two Historic Buildings at Heritage Park:
Sealed bids were solicited for the renovation of historic buildings, and the project will be funded by SPLOST I, Heritage Park. The SPLOST Management Department received three (3) sealed bids for this project. SPLOST Management recommends the low bidder, T. Jenkins Commercial Contractors, to be awarded the renovation of two (2) historic buildings at Heritage Park.
Old Store not to exceed $44,650.00
Old Library not to exceed $41,650.00
For a Total of $86,300.00
Commissioner Harper moved to approve the request; Commissioner Adams seconded.
Commissioner Holder said there are three (3) projects on this Agenda that are in violation of House Bill 489 Agreement, which says the Locust Grove Library will be the first capital building project funded either by SPLOST or General Funds.
Ms. Angus stated the Board has agreed to spend $27,000,000 and the money to complete the capital projects will be in excess of $32,000,000. She said we do not have an ability to spend $32,000,000 because of the 70/30 split.
Commissioner Holder said it was specifically spelled out the Locust Grove Library would be the first capital building project. “I am saying this agreement was made in 1999, and we have built how many buildings and projects since then with………….and Locust Grove is still waiting to be bid out.”
Commissioner Holder said he is not opposed to Heritage Park or any of the other capital building projects, but he is opposed to the fact that he is not getting any response other than the library project is going to be bid out in 2 to 3 weeks. The Commissioner said we choose which projects we want, and then we elect to ignore agreements we are under. He stated he had no doubt the Locust Grove Library would be built, but he had a problem supporting all of these other projects, when he knew this project is to be among the first projects.
Commissioner Freedman said in looking at the SPLOST List, he did not know where the money will come from. To date, $3.9 million has been spent at Heritage Park, and looking at SPLOST I allocations for Heritage Park, there was $2.243 million and it looks like we are $1.5 million over. After looking at papers and files on SPLOST I, he did not know how the money could be there because over $4 million has been spent on that one park.
Commissioner Harper said what he thought had happened was when the land was purchased back in 1997 or 1998, half the land was designated to the library and Senior Center for some reason; instead of it all being for the park, suddenly we paid for land acquisition cost of the library and the Senior Center. He said he had been keeping track of the money he had allocated when we finally ceased SPLOST I, and he said it was going to zero out; the money that was left at that point, was what Mr. Roy Clack, SPLOST Management, had kept track of to determine if there was money left for these purchases. He said he thought the park was finished except for these renovations.
Commissioner Holman said he was not at all against voting for this and asked, “is there money still in the SPLOST I account for this expenditure?”
Ms. Angus said the last time she looked at this (in February), there was about $160,000 to $170,000 left for Heritage Park.
Commissioner Freedman still had concerns and stated he was worried because there has been $3,899,796 spent out there to date.
Commissioner Harper amended the motion to say approval of these bids is subject to the funding remaining in SPLOST I; Commissioner Adams amended his second. The motion carried 4-1-0 with Commissioners Harper, Adams, Holman and Holder voting in favor and Commissioner Freedman voting against.
Request Approval of Proposals for Design and Installation of HVAC System in the Exhibit Barn Museum at Heritage Park:
Advertised bids were solicited for the design and installation of an HVAC system. This service would be funded by SPLOST I, Heritage Park, and the SPLOST Management Department received two (2) bids for this project. The Henry County Board of Commissioners awards the project to Powers Heating and Air; they were the lower bidder for the design and installation of an HVAC system not to exceed the amount of $24,000.00.
Commissioner Harper made a motion to approve the bid to Powers Heating and Air in the amount not to exceed $24,000.00 contingent upon the funding remaining in SPLOST I account in District III; Commissioner Adams seconded. The motion carried 4-1-0 with Commissioners Harper, Adams, Holman and Holder voting in favor and Commissioner Freedman voting against.
Request Approval for Installation of a Traffic Signal at SR 155 and Liberty Industrial Drive:
The Georgia Department of Transportation agrees to install a traffic signal at State Route #155 and Liberty Industrial Drive, and the County agrees to pay for the cost of the electric energy and telephone service used to operate the signal. In this immediate area are five (5) industrial parks, representing approximately twelve (12) million square feet of industrial space, with capacity to roughly double in the future. Many large residential developments, including the Heron Bay and Eagle’s Brook Golf Course communities, are currently under development south of the intersection, and these developments will add more than 3,000 homes in the near future and their resultant additional traffic.
Commissioner Freedman made the motion to approve the request; Commissioner Adams seconded.
Mr. Michael Harris, Public Works Division Director, said the State will pay for the materials and installation of the light, and the County will pay for the electrical cost.
The motion carried 5-0-0 with Commissioners Freedman, Adams, Harper, Holder, and Holman voting in favor.
Request Approval for Installation of a Traffic Signal at Eagles Landing Parkway and Trade Center 3 Entrance:
The Myrick Company has provided a traffic study to Henry County which outlines their reasons for the signal request, and the company has agreed to fund the entire cost of the installation of the signal and associated road improvements. Eagles Landing Parkway is currently being designed to be widened to four (4) lanes by the engineering firm, McGee Partners. The current traffic volumes do not warrant a signal at this time; however, Myrick Company has committed to work with McGee Partners to ensure that the signal installation will be compatible with the final design of Eagles Landing Parkway.
Commissioner Adams made the motion to approve this request; Commissioner Freedman seconded. The motion carried 5-0-0 with Commissioners Adams, Freedman, Holder, Holman and Harper voting in favor.
Request Approval to Proceed with Developing a “Concept Only” Design for Davis Road Extension Project:
This is a resolution to authorize SPLOST staff to proceed with designating the conceptual design to be done for the Davis Road project. The extension of Davis Road to State Route 42 is currently listed on the SPLOST II Master List; however, to date it has not yet been designated. SPLOST staff is working with the primary landowner who would be potentially affected by this road extension. The purpose of this resolution is to allow for the conceptual design only to be designated at this time, for a cost not to exceed $50,000. Funding is currently available in the transportation element of the SPLOST II program.
Commissioner Adams made a motion to approve the request; Commissioner Harper seconded.
Commissioner Freedman said he had the SPLOST II designation list dated March 8, 2004, and said this project is not on this list. He said he is referencing back to spending money that we do not have.
Mr. Michael Harris said staff had modified that list, and it is titled ‘the Davis Road Extension’ which was modified by the Board of Commissioners. Mr. Harris said it had been designated; what staff is asking for is not for the total funding, just $50,000 to go ahead and do the concept on this.
Commissioner Freedman asked if this is 100% in the City of Stockbridge, and if so, has the City provided any dollars toward this project. Commissioner Adams said the only thing he had received from the City was their personal regards. Commissioner Freedman stated, “this is a major road construction improvement and it is time to ask the City to share in the cost.”
The motion carried 3-1-1 with Commissioners Adams, Harper and Holder voting in favor; Commissioner Freedman voting against, and Commissioner Holman did not vote.
Emergency SPLOST Bids:
There were none.
Resolution Denying the Petition of Kenneth Dawson for Review of the Decision of the County Manager:
Kenneth Dawson, an employee of Henry County, petitioned the Board of Commissioners to review a disciplinary decision by the County Manager with respect to Mr. Dawson’s employment with Henry County. The Board of Commissioners may, in its discretion, either grant or deny such a petition for review of the decision of the County Manager. By majority vote of the BOC in public session, the Board of Commissioners does hereby deny the petition of Kenneth Dawson for a review of a disciplinary decision by the County Manager with respect to Mr. Dawson’s employment with Henry County.
Commissioner Holman made a motion to approve the resolution; Commissioner Adams seconded. The motion carried 5-0-0 with Commissioners Holman, Adams, Holder, Harper and Freedman voting in favor.
There were no Public Comments.
Commissioner Holder said he wanted to comment on the opening to fill the position on the Tax Assessors Board (Mr. Charles Reddoch’s seat) that was tabled at the last meeting. He said the Board has another vacancy that will occur (Ms. Annie Crawford-Chappell’s seat). Ms. Crawford-Chappell can remain until her replacement is named.
Chairman Maddox asked Ms. Angus’ opinion on filling these vacancies.
Ms. Angus said because it is not district specific, the Chairman would ask for names from other Board Members.
Commissioner Holder said the terms would be six (6) years. He stated each Commissioner should turn in their name(s) for nominations.
Chairman Maddox said he would like to have the names submitted to him within thirty (30) days.
Commissioner Holman said he would like to ask staff, as they are putting together the requests of Board nominees, to also share the code section that spells out the term and how they are appointed. He also wanted to know who was on the Board at present with their qualifications and how many years they have served on the Board.
Chairman Maddox said he would like the nominees submitted to the County Clerk, Ms. Susan Craig.
Commissioner Freedman said he wanted to thank the staff for the Minutes. He said the Minutes were too detailed, and he thought they could be shortened. He stated, “I do not think there is any reason to have every single word.”
Chairman Maddox said he had checked with the ACCG and Minutes do not have to be verbatim.
Commissioner Freedman said, “I would like for them to judiciously go by from now on and make the Minutes concise but short.”
Commissioner Holder stated, in defense of the staff, when the Board instructs them to prepare the Minutes a certain way, the Board does not need to come back down the line and ask them why certain quotes were not included.
Chairman Maddox suggested if a Commissioner finds something wrong in the Minutes, they should go to the staff rather than discussing it at the Board Meetings.
Commissioner Freedman reminded the Board of the Hospital Board appointments, and said the Board needed to get three (3) names back to them; three (3) for District I, three (3) for District II and three (3) for At Large.
Commissioner Holman asked where the Board stood on the Code Board appointments. He stated we have a litany of appointments that we have promised to make, and the Board never takes any action.
Mr. Jaugstetter stated in response to the request concerning appointments to the Hospital Board, he would find and distribute his memorandum again, which he prepared to the Board explaining that process.
APPROVAL OF MINUTES;
Commissioner Holder moved to approve the Minutes of 5/04/04, 5/06/04, 5/17/04, and 5/18/04; Commissioner Adams seconded.
Commissioner Freedman said he had several changes in the Minutes, but he would get with staff after the Board Meeting. Also, he stated he found a couple of substantive issues by referencing the May 17, 2004 Minutes, page 4 of 28. He said he would get with the County Clerk after the meeting to go over this.
Ms. Susan Craig, County Clerk, made the suggestion if the Commissioners would contact her before the meetings if they find an error, she could have changes made in a bold print for the Board to consider.
The motion carried 4-0-2 with Commissioners Maddox, Holder, Adams, and Holman voting in favor, and Commissioners Harper and Freedman abstaining due to the fact they had not read the Minutes.
· 6/14/04 (Monday) 9:00 A.M. Regular BOC Meeting
· 6/15/04 (Tuesday) 6:30 P.M. Regular BOC Meeting
· 6/30/04 (Wednesday) 9:00 A.M. 2nd Special Workshop for the
Commissioner Harper made the motion to adjourn; Commissioner Adams seconded.
Mr. Michael Harris clarified a concern regarding Davis Road. He said, “you are right, Commissioner Freedman. It is not a designated project at this time, but it is on the Master List. I misquoted, and the resolution reads, ‘the extension of Davis Road is currently listed under SPLOST II Master List; however, to date, it has not yet been designated. SPLOST staff is working with the primary landowner who would potentially be affected by this road extension. The purpose of the resolution is to allow for the conceptual design only to be designated at this time for cost not to exceed $50,000.00.” Mr. Harris said staff is requesting the concept only for this project, not the entirety of the project, to not exceed $50,000.00 and to be designated.
The motion to adjourn carried 5-0-0 with Commissioners Harper, Freedman, Holder, Holman and Adams voting in favor.
Leland Maddox, Chairman
Peggy L. Malcolm, Deputy County Clerk
Copyright © 2004 Henry County Board of Commissioners