STATE OF GEORGIA

 

 

COUNTY OF HENRY

 

 

 

The Henry County Board of Commissioners held a regular scheduled Public Meeting at 6:30 p.m. on Tuesday, July 19, 2005, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted in the entrance foyer of the County Administration Building.  The Daily Herald was notified on this meeting.  Those present were:

 

            Jason T. Harper, Chairman, presiding

            Warren E. Holder, Vice-Chairman, District I Commissioner

            Elizabeth (“B.J.”) Mathis, District II Commissioner

            Randy Stamey, District III Commissioner

            Gerry Adams, District IV Commissioner

            Lee Holman, District V Commissioner

 

Also attending were Rob Magnaghi, County Manaager; Patrick Jaugstetter, County Attorney; Susan B. Craig, County Clerk; Peggy L. Malcolm, Deputy County Clerk; Michael F. Turner, Public Safety Division Director; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; LaTonya Wiley, Deputy County Attorney; Tommy Smith, Executive Assistant to the Board of Commissioners for Constituent Services; Stacey Jordan, Executive Assistant to the Board of Commissioners for Planning and Economic Development; Julie Hoover-Ernst, Communication Relations Specialist; and others.

 

Chairman Harper called the meeting to order and said he would like to make a couple of announcements.  “A long time member of the Henry County Council on Aging and someone who has been very active in the senior community, Mr. Reynolds Houston, passed away, and his funeral was today.  Please keep his family in your prayers.  Also, Mr. Lindy Farmer, General Manager of the Henry County Water and Sewerage Authority, has a family member who is extremely ill, and the prognosis is not good; so, please keep that family in your prayers.”

 

Chairman Harper stated the Agenda has several amendments; “Item VI covers Public Hearings on County Ordinances; the first (Item VI-A) is to make comments and recommendations and possibly act on a Sub-Basin Protection District for Henry County (The Sub-Basin Protection Ordinance).  This matter will be tabled tonight; we will not act on The Sub-Basin Ordinance, nor will we have a Public Hearing on that tonight.  Item VI-B is a Public Hearing for the purpose of receiving comments and making recommendations on a proposed Ordinance for the establishment of a Fairview Road Corridor Overlay District in Henry County.  We have had a County Planning Commission Meeting on this matter, but we have not had Town Hall Meetings in the Fairview Road area, where those people are most affected by this Overlay District. The Board feels that would be appropriate to do prior to having a Public Hearing for adoption.  This issue will also be tabled.  In its place, Item VI-A will become Appointments to the new County Planning Advisory Board.  Item VI-B will become as follows:

 

·        Item B-1 – Appointments to the Joint County McDonough Parks and Recreation Authority.  “The Board created by agreement a Joint City/County Parks and Recreation Authority to govern one particular park, and we will discuss our appointees.”

 

·        Item B-2 – County Commission Appointments to the Council on Aging.

 

·        Item VI-C – The consideration by the Board of Commissioners of a Resolution Regarding the County’s Use of Eminent Domain for Private Development Purposes. 

 

·        Item VI-D – Resolution Regarding Support for Assisted Living Facilities in Henry County.

 

Commissioner Adams made the motion to approve the amended Agenda; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

PROCLAMATION

 

RECOGNIZING MR. AND MISS SPECIAL HENRY COUNTY

 

AND HENRY COUNTY THERAPEUTIC WEEK

Whereas, Henry County has one of the most comprehensive programs in Georgia for the special needs population, serving over 300 special needs kids and adults;

Whereas, Therapeutic Recreation, an integral part of Henry County’s Parks & Recreation Department under the supervision of Coordinator, July Pierce, provides community-based opportunities for Henry County’s special needs population to improve and maintain their physical, cognitive, emotional, and social functioning, thereby helping to prevent secondary health conditions, enhancing independent living skills and their overall quality of life; 

Whereas, Therapeutic Recreation provides clients with opportunities for exercise, mental stimulation, creativity and fun through programs such as the Special Olympics, which allows for friendly athletic competition while providing a venue to develop physical fitness, demonstrate courage, experience joy, develop sportsmanship, strengthen relationships, and meet other Special Olympic athletes;

Whereas, the Circle of Friends, a group of adults with mild to moderate mental disabilities, focuses on enhancing social and daily living skills through cooperative team building activities, socials, and most importantly, building and maintaining friendships;

 

Whereas, Therapeutic Recreation promotes wheelchair sports for children and adults with physical disabilities through Blazesports, as well as organizes a wheelchair tennis competition and provides individual lessons for kids and adults with physical disabilities;

Whereas, People First of Henry County, Inc., which was formed as a non-profit organization to create fair and equal opportunities for people with disabilities, is helping to build self-esteem in these individuals by providing meaningful opportunities for them to promote themselves in the community and raise public awareness of people with disabilities throughout Henry County and the State of Georgia.

Whereas, Lyndsey Mills, Miss Henry County 2003, together with her mother, Tina Mills and Connie Dodgen, mother of a special needs daughter, founded the Mr. and Miss Special Henry County Pageant, which serves as a catalyst for promoting "Fairness and Equality for People with Disabilities" via the Kings’ and Queens’ appearances throughout the County and the state of Georgia. 

 

Whereas, the Henry County Board of Commissioners wishes to express its appreciation to Henry County’s staff and the dozens of dedicated volunteers who work so hard to develop programs that enrich the lives of our special needs population;

 

Now, therefore, be it proclaimed the week of July 25-31, 2005 as Special Needs & Therapeutic Recreation Week in Henry County, which culminates in the Mr. and Miss Special Henry County Pageant on July 30 at 6:00 in the evening at the Henry County Performing Arts Center.  We encourage all citizens to attend this event, volunteer with these organizations and enrich your lives through the extraordinary spirit of these individuals.

 

             

Chairman Harper asked the King and Queen to come forward and accept this recognition and join the Board of Commissioners with a photograph. 

 

 

APPOINTMENTS TO THE COUNTY PLANNING ADVISORY BOARD.

 

Chairman Harper said, “not present tonight are the recommendations from the City of Stockbridge and the Henry County Board of Education.  The new Ordinance allows the City of Stockbridge to have one (1) appointee on the Board, and also allows the Henry County Board of Education to have a seat on the Planning Advisory Board.  We will be adding those appointees once we receive those nominations.”  The appointees are as follows:

 

Chairman Harper made the motion to nominate Andrew Calhoun as the Chairman’s appointee, who is a former Henry County Commissioner for three (3) terms; Commissioner Holman seconded.  The motion carried unanimously.

 

Commissioner Holder, District I, nominated Scott McCarter, who is currently serving; Commissioner Stamey seconded.  The motion carried unanimously.

 

Commissioner Mathis, District II, nominated Pamela White; Commissioner Stamey seconded.  The motion carried unanimously. 

 

Commissioner Stamey, District III, nominated Bruce Register; Commissioner Adams seconded. The motion carried unanimously.

 

Commissioner Adams, District IV, nominated Mike Eddy; Commissioner Holman seconded.  The motion carried unanimously.

 

Commissioner Holman, District V, nominated Mike Hightower, who lives at 1290 Kelleytown Road, McDonough; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

APPOINTMENTS TO THE JOINT CITY/COUNTY PARKS AUTHORITY.

 

Chairman Harper said he was not going to ask for nominations tonight, but he read the provision in the by-laws of the Joint Parks Authority, which reads as follows:

 

“The Advisory Board shall be constituted in the following manner:

 

Four (4) members shall be appointed by the Henry County Board of Commissioners; two (2) members shall be appointed by the City of McDonoough; and one (1) member, who shall be the Chairperson, shall be appointed jointly by the City of McDonough and the Henry County Board of Commissioners.”

 

Chairman Harper asked the Board to consider, since there is a ‘Called’ Meeting on Monday, July 25th of the Commission, adding these appointments to that Agenda.  He said that would give the Commissioners the remainder of the week to determine their nominees.  He said at the City Council Meeting last week, the City asked for us to agree to participate in a contract with a firm to do the Master Plan for the park.  Chairman Harper said he did not feel a firm should be hired to develop a Master Plan, when there is no representation on the Parks Authority. 

 

Commissioner Holman made the motion to place the Appointments to the Joint City/County Park Authority on the July 25th Called Meeting Agenda; Commissioner Holder seconded. The motion carried unanimously.

 

 

COUNTY COMMISSION APPOINTMENTS TO THE COUNCIL ON AGING.

 

Chairman Harper said the by-laws on the Council on Aging were amended at some point to require the County Commission to appoint the membership on the Council on Aging. 

 

Chairman Harper read the point composition of the Council on Aging: 

 

·        Commission District I has three (3) appointees: Barbara Donald, Minnie Wyatt, and Fannie Crawford (all active).  Commissioner Holder stated he would like to leave these as is, and consider it at a later date.

·        Commission District II has three (3) appointees: Geraldine Tanner, Gordon Almstead (both active), and one vacancy not filled.  Commissioner Mathis made the motion to nominate Frank Fife to fill the vacancy seat; Commissioner Holman seconded. The motion carried unanimously.

·        Commission District III has three (3) appointees: Johnny Wilkerson, Frances Wilkerson (both active), and one vacancy not filled.  Commissioner Stamey made the motion to nominate James Cameron of McDonough to fill the vacancy seat; Commissioner Adams seconded.  The motion carried unanimously.

·        Commission District IV has three (3) vacancies to fill; Commissioner Adams said he would like time to consider the nominations and asked for it to be placed on the Agenda of the next regular BOC Meeting.

·        Commission District V has three (3) vacancies to fill; Commissioner Holman stated he had his nominations ready to submit and made the motion to nominate Kitty Cox (Kelleytown area) and Ms. Joan Brown (Swan Lake area).  Commissioner Holman said he had not talked to Ms. Reynolds; she had recently resigned, and he did not know if she would consider, with the recent events, to sit on the Board.  Therefore, Commissioner Holman nominated Dot Houston to fill the third vacancy; Commissioner Stamey seconded.  The motion carried unanimously.

 

 

Chairman Harper said Commissioner Holman asked for the Agenda to be amended, prior to his arrival, and the Chairman had forgotten.  Commissioner Holman made the motion to amend the Agenda out of necessity to add Item B-3, the Appointment to the Henry County Library Board for District V; Commissioner Holder seconded.  The motion carried unanimously.

 

Commissioner Holman made the nomination of Mr. Jim Smith, who lives at 3933 Highway 155 North, Stockbridge, to the Henry County Library Board for District V; Commissioner Holder seconded.  The motion carried unanimously.

 

 

RESOLUTION REGARDING THE COUNTY’S USE OF EMINENT DOMAIN FOR PRIVATE DEVELOPMENT PURPOSES.

 

WHEREAS, Henry County is empowered by the Georgia Constitution to exercise the power of eminent domain to condemn property for any public purpose and/or use; and

 

WHEREAS, the Henry County Board of Commissioners believes that the exercise of its eminent domain power is necessary for the advancement of the public good; and

 

WHEREAS, the Henry County Board of Commissioners further believes that the exercise of its eminent domain power should be balanced with State and Federal constitutional protections of private property; and

 

WHEREAS, in light of recent opinions of the United States Supreme Court, the Henry County Board of Commissioners desires to assure Henry County citizens that the exercise of its eminent domain power will not be used in such a manner as to seize private property solely or primarily for the purpose of transferring, leasing or allowing the use of such property to a private developer, corporation or other entity in order to expand tax revenue, increase the taxable value of the seized property or promote economic development; and

 

WHEREAS, the Henry County Board of Commissioners urges all members of the Georgia General Assembly to sponsor and support legislation that will impose appropriate legal restraints on governing authorities limiting the exercise of eminent domain power for public purposes only; and

 

WHEREAS, in the absence of such legislation, the Henry County Board of Commissioners declares that it does not deem it a public purpose to seize private property solely for the purpose of transferring, leasing, or allowing the use of such property to a private developer, corporation, or other such person or entity in order to expand tax revenue, increase the taxable value of the property or promote economic development;

 

NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED that the Henry County Board of Commissioners will exercise its eminent domain power for public purposes only and not for the sole or primary purpose of improving tax revenue, expanding the tax base or promoting economic development in order to benefit a private developer, corporation or other such person or entity.

 

 

Chairman Harper said several County Commissioners have expressed an interest in stating the County’s position on this matter.

 

Commissioner Adams read the resolution and made the motion to approve; Commissioner Holman seconded.  The motion carried unanimously.

 

 

RESOLUTION REGARDING SUPPORT FOR ASSISTED LIVING FACILITIES IN HENRY COUNTY.

            WHEREAS, a large segment of Henry County’s population is comprised of retired and/or elderly persons, collectively referred to as “senior citizens”; and

            WHEREAS, the Henry County Board of Commissioners deems its senior citizen population as a valued asset to Henry County and society at large as a result of the many contributions they have made and continue to make to the community; and

            WHEREAS, the Henry County Board of Commissioners has recognized the contributions of its senior citizens by, among other things, establishing senior centers and maintaining programs designed to promote the physical, social and mental health and well-being of seniors; and

            WHEREAS, the Henry County Board of Commissioners recognizes that there are certain senior citizens who, due to their physical and/or mental impairments, are unable to maintain a wholly independent way of living; and

            WHEREAS, the Henry County Board of Commissioners deems it of vital public importance to have retirement communities and assisted living facilities designed for the purpose of addressing the evolving needs of senior citizens; and

            WHEREAS, the Henry County Board of Commissioners believes that retirement communities and assisted living facilities benefit the community at large, because they enhance the quality of life of senior citizens by providing programs and services which promote a graceful and dignified aging process;

            NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED that the Henry County Board of Commissioners strongly supports and encourages the development of retirement communities and assisted living facilities in Henry County.

 

Commissioner Mathis stated, “this is a resolution we were asked to consider by those who work in the senior community.”  Commissioner Mathis made the motion to approve the resolution; Commissioner Adams seconded.  The motion carried unanimously. 

 

 

REZONINGS:

 

BBG Holdings, LLC – RZ-05-14.

 

WHEREAS, BBG Holdings, LLC (RZ-05-14) has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) to develop a single-family residential subdivision for property located at 1808 Keys Ferry Road (Parcel ID# 178-01-015-000) in Land Lot 203 of the 8th District, consisting of 50.65 +/- 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 May 12, 2005; and

 

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

 

  1. Overall net density shall not exceed 0.8 dwelling units per acre (maximum of 38 lots).
  2. All lots shall be accessible via streets internal to the development; access via a collector or arterial roadway shall not be permitted.

 

3.      All houses shall be built on site.

4.      Two (2)-car side-entry garages shall be standard.

5.      Underground utilities and streetlights shall be required.

6.      All yards shall be sodded to the rear drip line of the houses.

7.      The minimum house size shall be 1,800 square feet (heated floor space)

8.      All homes shall have front elevations, including all returns, consisting of brick, stone, stucco, or any combination thereof, with cement fiberboard on the other sides. 

9.      Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

 

Ms. Cheri Matthew said this request came before the Board on June 21, 2005.

 

Mr. Scott Bennett, representing BBG Holdings, LLC, said on June 21st, the dispute centered around his client being at 1.06 units per acre, and the recommendation of staff was at .8 units per acre.  “We re-laid out the subdivision and reconfigured the streets to reduce the impervious area in the subdivision.  The plan last time had streets that ran in a circular pattern, and there were 44 lots in the subdivision.  What we have done is changed the layout of the street, so there are less streets in the subdivision, which will decrease the impervious area, and in a watershed, that is a major concern.  This comes out to be .9 units per acre, which is the same as what was approved on the property adjacent to it.  Regarding the lots along Stroud Road, we are asking to have access to those lots.  We could increase more road in the subdivision to reach those lots, but Stroud Road is already there.  We are going to leave those as one (1) acre lots and just have those accessed on Stroud Road.  There will be an existing home on a three (3) acre tract, and it will be one of the 41 lots.  That also counts as per our density calculations; we have not excluded that.  As it is currently zoned in the RA, we have a plan laid out where we could put 38 lots under the RA, as it is currently zoned, but with that layout, we would have more impervious surface in the subdivision.  We are asking for three (3) additional lots at this time, than what the current zoning would allow, and we have common space and less impervious surface.  On the proposed resolution, it allows us to .9 as oppose to .8; it allows access along Stroud Road, and we are agreeing to 2,000 square foot homes with brick fronts.  Under the RA, I think we could do a lot smaller homes; we could put vinyl on them, so I think this is a good product, and 41 units are what my client needs to make this project work.”

 

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

 

Commissioner Holder said he certainly believes in protecting the Watershed in this area; he said he was responsible for the .9 in the adjacent property.  He asked if the common area or the greenspace area was contiguous to the space on the adjoining property.  Mr. Bennett said he could not answer that question.

 

Commissioner Holder said, “I think it is smart to access Stroud Road; that just means another street with more impervious surface, which means more runoff and more going into the Watershed.  Personally, I like this plan; I wish we could cut the lots down some.  How many can we cut?”

 

Mr. Bennett said they were at the minimum; he said at the last meeting, they were looking at 46 lots and they have cut that number to 41, which is as low as they can go. 

 

Commissioner Holder made the motion to approve the resolution on the subject property and have the nine (9) conditions with the amendments made by the applicant, and in condition #1 to read, “overall density shall not exceed .9 dwelling units per acre, and the minimum lot size to be 30,000 square feet.”  Condition #2 to read, “Six (6) lots along Stroud Road will maintain a minimum lot size of 42,560 square feet and will be allowed to access Stroud Road.  The plus (+) or minus (-) three (3) acre lot along Keys Ferry Road, with the existing house, will be allowed to maintain access from Keys Ferry Road.  No through lots will be allowed.”  Condition #3 will be the same as presented by staff.  Condition #4 should read, “two-car garages shall be standard, and side-entry will be used where feasible.”  Condition #5 will be the same as staff’s recommendation.  Condition #6 will be the same as staff’s recommendation.  There is one exception in Condition #7; it is the same with the exception instead of 1,800 square feet, it will be a minimum of 2,000 square feet.  Condition #8 will be the same as staff’s recommendation, and Condition #9 will be the same as staff’s recommendation; Commissioner Holman seconded. 

 

Commissioner Stamey asked to see the plat.  “Is there a minimum curb-cut required in a cul-de-sac lot in order to get to a lot?”

 

Mr. Brent Moye, Engineer for BBG Holdings, LLC, stated, “the minimum frontage on a cul-de-sac is thirty (30’) feet, and we will guarantee we will meet the minimums.”

 

The vote was taken; the motion carried unanimously.

 

 

Shawshank, Ltd. – RZ-05-15.

 

WHEREAS, Shawshank, Ltd. of Atlanta, Georgia (RZ-05-15) has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) to permit the development of a residential subdivision, for the properties located at 165 Pullin Road (parcel # 077-01-002-000), 185 Pullin Road (parcel # 077-01-003-000), 235 Pullin Road (parcel # 077-01-004-000), 255 Pullin Road (parcel # 077-01-005-000), 261 Pullin Road (parcel # 077-01-006-000), and vacant property on Pullin Road (parcel # 077-01-006-001), consisting of 54.92 +/- 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 May 26, 2005; and

 

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

 

 

 

 

  1. Houses shall be a minimum of 2,000 sq. ft. of heated space.
  2. The development shall not exceed 2.5 dwelling units per acre.
  3. All houses shall consist of a mixture of brick, stone, stucco or cement fiberboard. 

4.      All houses shall be built on site; no modular homes shall be permitted. 

5.      Underground utilities and streetlights shall be required.

6.      All yards shall be fully sodded to the rear drip line of the houses.

7.      There shall be a mandatory Homeowners Association, and said Association shall be responsible for management and maintenance of the proposed 26.43 acres open space.

8.      A complete Open Space Management Plan shall be submitted to the Planning & Zoning Department prior to the request being heard by the Board of Commissioners.

9.      There shall be a walking trail around the perimeter of the development with periodic benches along the trail.”

10.  Pullin Road shall be paved to Henry County Road Standards along the entire frontage of the applicant’s property.

11.  Construction on the amenity area shall be completed in the first phase.

 

12.  Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in a such a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

 

 

Mr. Ray Gibson, Planning and Zoning Director, stated the subject properties are comprised of 54.92 +/- acres, and they actually consist of six (6) separate properties combined into one (1) for the development.  The Future Land Use Map designates the area for low density residential land uses up to one (1) dwelling unit per acre.  The subject property is also located within the Indian Creek Watershed Protection District.  Mr. Gibson said a new revised concept plan was submitted to staff, which was the same development except for the applicant increasing the lot size from seventy by one-hundred to seventy by one-hundred, fifteen.  Therefore, the minimum lot size would be 8,050 square feet.  That has cut into the percentage of open space; the open space acreage has gone from 26.43 acres to 23.04 acres, which still meets the requirements of 41% of the site.  Eighty-six (86%) percent of the open space will be contiguous, which meets the 50% requirement of the Ordinance.  Mr. Gibson said the Planning Commission recommended approval of this request with twelve (12) conditions.

 

Commissioner Harper asked if there was any opposition to this request; there was no response. 

 

Chairman Harper asked the developer if he was in agreement with the conditions.  Mr. Carl Jones said he was in agreement. 

 

 

 

Commissioner Mathis asked for the reason for the changes.

 

Mr. Jones said, “we have gone from a seventy by one-hundred lot to a seventy by one-hundred, fifteen lot, and we just wanted to make sure we could accommodate the homes and the drainage on the rear of the property.  We are not using any more of the land; yes, it will be deeded to the homeowner, but we have taken just a couple of acres (3) away from the open space.  We originally had 26 acres in the open space, and now we have 23.04 acres (41.9%).  The question was asked, ‘did I have any objection?’  The only thing is just the limit on Pullin Road will be upgraded to the County road there, approximately 1,200 feet, and we would want to limit that to our frontage, but to tie it into Doug Adams’ property headed toward the West Ridge Project.”

 

Commissioner Holder stated, “regarding Pullin Road, I represented that area for some time, and there are approximately 50 or 60 houses on a dirt road.  You are going to pave 1,200 feet of that to the furtherest point on your property; is that correct?”  Mr. Jones confirmed.  Commissioner Holder asked, “what does that leave for the County or some developer to pave?”  Mr. Jones answered, “approximately one (1) mile to a mile and one-half (1-1/2) through Simpson Mill.”

 

Commissioner Mathis made the motion to approve the request and read the twelve (12) conditions; Commissioner Holman seconded.  The motion carried unanimously.

 

 

MODIFICATION TO A ZONING CONDITION:

 

Shawshank, Ltd. – MC-05-04.

 

            WHEREAS, Shawshank, Ltd. (MC-05-04) has applied for a modification to a zoning condition for the purpose of modifying zoning conditions, regarding building materials, house sizes and for other purposes for property rezoned by the Board of Commissioners on November 2, 2004 (RZ-04-39).  The property is located on the eastern side of Pleasant Grove Road, Land Lot 105 of the 11th District, consisting of 36.0+/- acres; and

 

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

 

            WHEREAS, the request was to modify the following conditions as approved by the Board of Commissioners on November 2, 2004:

 

1.      All homes shall be all sided brick.  There shall be no modular units.

 

2.      All homes shall be a minimum of 2,400 square feet of heated floor space.

14. All existing homes shall be removed to maintain consistency in the development; and

           

 

 

WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended denial of the request on June 9, 2005, to modify the following zoning conditions:

 

1.      All homes shall be all sided brick.  There shall be no modular units.

 

2.      All homes shall be a minimum of 2,400 square feet of heated floor space; and

 

WHEREAS, the Henry County Municipal Planning Commission reviewed and recommended approval of the request on June 9, 2005 to modify condition # 14 only as follows:

 

14. The existing houses on the subject property may be maintained and incorporated into the proposed development and are not subject to the minimum 2,400 square foot of heated space requirement as outlined in Condition 1. However, the existing houses shall meet the material requirements as outlined in Condition 2; furthermore, the existing structures shall adhere to all current building codes and shall be inspected and approved by the Henry County Building Department prior to the issuance of a certificate of occupancy.  In addition, the metal roof over the existing large shed on the subject property shall remain and be made into a pavilion for the resident’s use. The developer will be responsible for upgrading the facility with a poured floor, picnic benches and have it deeded to the Homeowners Association; and

 

WHEREAS, the applicant has requested to modify the original request, removing zoning

conditions #1 and #2 from the request, seeking a decision on condition #14 only.

 

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners approves the aforementioned modification to condition #14.

 

 

Ms. Cheri Matthews, Chief Planner, handed out a modification to the resolution to the Board Members.  “The original request, that went before the Planning Commission, was to modify condition #1, condition #2, and condition #14 of a previous rezoning approved on November 2, 2004.  The applicant is wishing to withdraw the modification for condition #1 and condition #2, and only seek a modification for condition #14.  The Ordinance should say the Planning Commission did deny the applicant’s request to modify conditions #1 and #2, but the applicant has requested to remove those from the request; the only one the Board would be acting on would be condition #14.”

 

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

 

Commissioner Holman said the applicant has complied with all of the conditions originally zoned; he said the only exception is the Board asked him to remove two (2) existing structures.  He said the resolution he is about to read, will allow the applicant to retain those two (2) existing structures; however, the applicant will rehab them with all brick and will be inspected to the Henry County Building Codes.

 

Commissioner Holman read the resolution as his motion to approve the request; Commissioner Stamey seconded. 

 

Commissioner Adams asked the applicant if he was in agreement with the modification, as read; Mr. Jones replied, “I am with one exception.  If I cannot work out the shed, and it needs to be moved, then allow me to build a new one.  I need that flexibility with final engineering.”

 

Commissioner Holman said he would add ‘wiggle room’ in the pavilion; in addition, “the metal roof, over the existing large shed on subject property, shall remain or be relocated as a new structure with the approval of the Planning and Zoning staff.”

 

The vote was taken; the motion carried unanimously.

 

 

REZONINGS – CONTINUED:

 

Nita Spraggins – RZ-05-21.

 

WHEREAS, Nita Spraggins (RZ-05-21) has applied for a rezoning from M-2 (Heavy Manufacturing) to C-3 (Heavy Commercial) for the development of a retail/commercial shopping center, for property located at 3701 Highway 42, Land Lot 33 of the 12th District (Parcel ID # 068D-0349000), consisting of 2.0 +/- 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 June 9, 2005; and

 

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

 

1.      All buildings shall be constructed of brick, stone, stucco, glass or any combination thereof.  The Development Plan Review Department shall have architectural review of all proposed buildings prior to the issuance of a building permit.

2.      The primary signage shall be monument based signage and shall have consistent character and design details that reflect the architectural design of the development and shall not exceed fourteen feet (14’) in height.

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

4.      Any dumpster(s) shall be enclosed with three (3) sides consisting of brick, stone, stucco or any combination thereof.

5.      Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

 

Ms. Cheri Matthews said the Future Land Use Map has the area indicated or designated for industrial and wholesale uses.  The proposed development is surrounded by M-2 Heavy Manufacturing zonings to the east, south, and west and C-3 zoning located to the north.  Ms. Matthews stated although the applicant’s request is inconsistent with the Future Land Use Map designation for industrial and wholesale uses, the use is less intensive.  The Joint Comprehensive Development Plan also states that commercial developments should be located along major arterials.  The Planning Commission has recommended approval with conditions.

 

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

 

Ms. Spraggins stated she was in agreement with all five (5) conditions.

 

Commissioner Adams made the motion to grant the request; Commissioner Holman seconded. 

 

Commissioner Adams asked, “what are your plans for this site?”

 

Ms. Spraggins said she did not have any plans at the moment; it is just future retail. 

 

The motion carried unanimously.

 

 

CAMERON PROPERTIES – RZ-05-19.

 

WHEREAS, Cameron Properties, Inc. of Atlanta, Georgia (RZ-05-19) has applied for a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) to permit the development of a residential subdivision, for the property located on the west side of North Ola Road, south of Wilson Drive (parcel # 155-01-040-000), consisting of 69.31 +/- 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 June 9, 2005; and

 

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

 

 

 

  1. All utilities shall be installed underground.

 

  1. Streetlights shall be installed throughout the development.

 

  1. Sidewalks shall be installed on both sides of the streets within the development.

 

  1. The development shall have uniform mailboxes.

 

  1. Front and side yards shall be sodded to the rear drip line of the houses.

 

  1. All homes within the subdivision shall be constructed of brick, stone, stucco, hardi-plank siding or some other comparable cement based siding, shakes or shingles, or some combination of these materials.  Hardi-board or hardi-plank siding (or some other type of cement siding) shall be limited to the front elevation only.

 

  1. Each home shall have a minimum of 2,000 square feet of heated floor space.

 

  1. Each home shall have a double garage, side-entry where feasible.

 

  1. There shall be a mandatory incorporated Homeowners Association established by the Developer that shall oversee the maintenance of all common areas and shall ensure compliance with the recorded covenants.

 

  1. All detention facilities shall be adequately buffered and fenced.

 

  1. There shall be a minimum two (2) acre amenity area, which shall include a gazebo and park benches and shall be completed as part of the first phase if there is any phasing of the proposed development.  No permits shall be issued for any additional phases until such time as the amenity area is completed.

 

  1. The average lot size shall be 22,000 square feet, and the minimum lot size shall be 20,000 square feet.

 

  1. There shall be a boulevard entranceway to the property, which shall be heavily landscaped, lighted, and irrigated.

 

  1. No vinyl siding shall be used in the construction of homes within the development, other than on eaves and soffit areas.

 

  1. Sidewalks shall be constructed along North Ola Road (frontage of the proposed development) to provide for pedestrian connectivity to the schools.

 

  1. The developer shall dedicate to the County forty feet (40’) from the centerline of the existing North Ola Road right-of-way for expansion from a sixty foot (60’) right-of-way to an eighty foot (80’) right-of-way.

 

  1. A fifty foot (50’) undisturbed buffer shall surround the creek.

 

  1. The developer of the property shall place restrictive covenants on the property prior to the sale of any lot(s).  Said covenants shall inform the lot owners that the reckless application of fertilizers and pesticides on their property can have an adverse environmental impact on the aquatic life in the stream located on the northern portion of the subdivision.  The developer agrees to provide County supplied literature regarding the environmental impacts of improper application of fertilizers and pesticides to those persons wishing to purchase property adjacent to the stream located on the northern portion of the subdivision.

 

  1. The Tree Ordinance shall be complied with.  There shall be no clear cutting of trees on the site.

 

  1. Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

 

 

Mr. Ray Gibson stated the Future Land Use Map designates the site for residential and agricultural land uses at up to one (1) dwelling unit per acre.  The concept plan, submitted by the applicant, illustrates 115 lots on 62.49 net usable acres for a net density of 1.84 dwelling units per acre, which exceeds the Future Land Use Map.  Also included in the concept plan are 2.43 acres of open space on the northwestern corner of the subject property.  The proposed development, from staff’s point of view, serves as a transition to the proposed high school and middle school (opening in the Fall of 2006) located to the north of the property.  Also there is an elementary school located to the east of the property.  Mr. Gibson said the Planning Commission recommended approval of this request with twenty (20) conditions of zoning.

 

Commissioner Holder pointed out a typo; he said the resolution is wrong saying it is on the east side of North Ola Road.  He said it is on the west side.

 

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

 

Mr. Andy Welch, Attorney representing Cameron Properties, asked the Board to approve the rezoning and read the twenty (20) conditions, as listed above. 

 

Commissioner Stamey referenced Condition #7, and added to the condition, “side-entry where feasible.”

 

Mr. Cameron agreed and stated, “it would be in the builder’s discretion, and the homeowner could make a choice.  I am fine with that.”

 

Commissioner Stamey made the motion to approve the resolution with all twenty (20) conditions; Commissioner Adams seconded.

 

Chairman Harper said Condition #8 should be amended to include Commissioner Stamey’s addition, “side-entry where feasible.” 

 

The applicant stated he was in agreement with all twenty (20) conditions.

 

Commissioner Holder referenced Condition #19 (Tree Ordinance) and stated, “that condition should not be any problem, because it is an open pasture.”

 

The vote was taken; the motion carried unanimously.

 

 

PUBLIC COMMENT(S):

 

Mr. Tom Gabey, a local builder who built over 30 homes in the Cotton Creek Subdivision, thanked the Board for their help and support during the tornado that came through Henry County last week.  He said there was extensive damage in the County and many Board Members helped families in need and assisted personally in the cleanup.  “I would like to go on recording saying ‘thank you’ to all of the Board Members; not often enough is it said.  I would also like to thank Doug Gilbert, Building Department Director, and Mr. Santos for working with the individual homeowners by passing out quality information to avoid our senior citizens from being taken advantage of by non-local contractors.  I would like to thank Mr. Michael Harris, Planning and Development Division Director, and other Division Managers, who rolled up their sleeves and went out into our communities and worked very hard to serve our citizens.”

 

Commissioner Stamey thanked Chairman Harper, who worked side by side with him, and said every Member of the Board did something to help behind the scenes and went way beyond the call of duty.  “I have gotten to know people on different levels; the people in this building and in this County really care about the citizens in this County, regardless of what you may have heard.  Steve Cash, with Quality Growth, was buying tarps for us and was on a couple of the roofs hammering them down.”

 

Chairman Harper thanked Mike Turner, Public Safety Division Director, and Mr. Terry McMikle, Public Works Division Director, for having DOT crews out during the cleanup.  “Everybody chipped in; the Fire Chief and the County Manager were out there along with many developers helping all the citizens.  Doug Walker, from Walker Concrete, offered two dump trucks to help assist the DOT and giving the County extra assistance if needed.  Everybody came to the plate.”

 

Commissioner Holman pointed out Representatives Steve Davis and John Lunsford along with Senator Douglas were on hand.  “Not only were we picking up storm debris, we were making inspections for electrical connections.  Storm damage knocked the power lines down, and Doug Gilbert’s Office was kind enough to go out, at a moments notice, regarding the permits and CO’s for electrical work.”

 

 

Ms. Theresa Gardner, who lives at 108 Cotton Creek, McDonough, said she read the Ordinance for the Fairview Overlay last Thursday morning and stated she is a property owner in that 8/10ths of a mile corridor at this location.  After reading the Ordinance, she said she was shocked at the severe restrictions that were to be placed on future development on that corridor.  “It is totally inconsistent with the commercial/retail development already in place, going east on Fairview Road for one (1) mile.  I think the Overlay District, as proposed, would be like trying to build a beautiful ‘Land of Oz’ from a potpourri of businesses varying in size, building materials, landscapes, and types of establishments existing presently on Fairview Road.  This Ordinance, as written, could cause property owners to be able to market and sell their property to a very limited or non-existent entity.  Much of this property is large lot residential with investments in personal homes that would have to be sold to produce the financial resources for owners to relocate from this commercial laden corridor to safer areas more conducive to families.  This corridor could be boxed by a Wal-Mart to the west and the afore-mentioned commercial district to the east.  This Ordinance seems to be quite discriminating to property owners on this 8/10ths of a mile of Overlay, because developers would be held to different standards (higher and more costly standards).  There are ten (10) reasons that were impressive to me in the Ordinance:

 

1.      The twenty-five (25’) foot maximum setback from Fairview Road.

2.      The restriction structures to a maximum size of 7,500 square feet. 

3.      No customer parking allowed between the front of the business and Fairview Road.  (I think retailers would reject that completely.)

4.      Nothing to be displayed in front of the business.

5.      Only 4-sides brick building materials are to be used in the Overlay.

6.      The number of footage requirements in the street standards are: 120-foot right-of-way, a 20-foot wide median, 48-feet of travel lanes, and that does not include deceleration and turn lanes.  A 6-foot landscaped berm behind the curb of both sides of the street, and sidewalks on both sides of the street.

7.      Some of the restrictive uses of property are unreasonable.

8.      Out parcels restricted to internal access only.

9.      No development with impervious surfaces carry more than 75% total gross area of the parcel.

10.  Signage lighting issues.”

 

 

“This Overlay District, done as proposed, could cause condemnation to our properties, and for some of us, lost of our retirement security.  I do not understand why property owners were not notified or the legality of this Ordinance being presented in this way.  I ask you to deny approval or table this Ordinance, as proposed.”

 

Chairman Harper said there will be public comments and there will be ample opportunity for the citizens to read the Ordinance.  There will be Town Hall Meetings for public comment before it is brought before the Board. 

 

Mr. Robert George, who lives at 959 Poplar Springs Road, Livonia, Georgia, stated he is a property owner on Fairview Road, and he was just handed a revised proposal that he has not had a chance to read.  “The restrictions are overbearing; this might work in Alpharetta or California, but Ellenwood is not ready for it (not the way it is written).  For instance, the maximum building size of 7,500 square feet prohibits any medium size business from going in there (even a grocery store).  This needs to be reviewed very carefully.  This will deter potential retailers and developments, including Wal-Mart.  Until I review this further, this is all I have to say.”

 

Ms. Carol Gresham, who lives at 4740 Ridgegate Circle, Duluth, Georgia, said she also is a property owner, and the two previous speakers have said it all.  “We do oppose the proposal, and I just want to be on record.  I am upset because none of the property owners knew what was going on, and I hear this has been under discussion since November, 2004, and it just seems strange.  I do believe we have lost a sale; a contract was broken because of this, and it was for a substantial amount of money, which was very important to us.  I am a widow, and I feel my property is valuable, and I would like to sell it.  I employ you to consider this carefully and allow the property owners have an opportunity to work with you on this.”

 

Mr. Jim Steele, said he was going to a meeting tomorrow and wanted to make the Board aware of it.  He wanted the opinion of the Board regarding the Rail Meeting.  “I understand Hampton voted down the rail, but the County Commissioners have already approved a site at 81 junction for the rail here in the County (2002).  This will be brought up at the meeting tomorrow.  I would like a show of hands of who is for it and who is against it.”

 

Chairman Harper said, “that we are not going to do.”

 

Commissioner Holder said back in 2002, the Development Authority had options on some property in Hampton for the rail station.  He said Mr. Steele is correct the County did take the position at that time. 

 

 

APPROVAL OF MINUTES:

 

Commissioner Holder made the motion to approve the Minutes of the June 20, 2005 regular Board of Commissioners Meeting; Commissioner Holman seconded.  The motion carried unanimously. 

 

Commissioner Mathis made the motion to approve the Minutes of the June 21, 2005 regular Board of Commissioners Meeting; Commissioner Holman seconded.  The motion carried unanimously.

 

Commissioner Holman made the motion to approve the Minutes of the July 12, 2005 ‘Called’ Meeting of the Board of Commissioners with the Georgia DOT; Commissioner Holder seconded.  The motion carried unanimously.

 

 

COUNTY MANAGER COMMENTS:

 

Mr. Magnaghi did not have any comments.

 

 

COUNTY ATTORNEY COMMENTS:

 

Mr. Jaugstetter did not have any comments.

 

 

UPCOMING MEETINGS:

 

7/25/05            Monday           9:00 a.m.          Called Meeting – Public Hearing regarding the

                                                                        Millage Rate.

 

7/25/05            Monday           6:00 p.m.          Called Meeting – Public Hearing regarding the

                                                                        Millage Rate.

 

7/28/05            Thursday          9:00 a.m.          Called Meeting – Comprehensive Plan Committee

                                                                        (with the four City Mayors).

 

8/01/05            Monday           9:00 a.m.          Regular Board of Commissioners Meeting

 

8/01/05            Monday           6:00 p.m.          Called Meeting – Public Hearing regarding the

                                                                        Millage Rate.

 

8/01/05            Monday           6:15 p.m.          Called Meeting – Adoption of the Millage Rate.

 

8/02/05            Tuesday           9:00 a.m.          Regular Board of Commissioners Meeting

 

8/15/05            Monday           9:00 a.m.          Regular Board of Commissioners Meeting

 

8/16/05            Tuesday           6:30 p.m.          Regular Board of Commissioners Meeting

 

 

 

EXECUTIVE SESSION:

 

Commissioner Holman made the motion to adjourn into Executive Session at 8:09 p.m., in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Adams seconded.  The motion carried unanimously.

 

 

 

 

                                                (An Executive Session was held.)

 

 

 

Commissioner Holman made the motion to reconvene into Public Session at 10:03 p.m.; Commissioner Mathis seconded.  The motion carried unanimously.

 

Commissioner Mathis made the motion to approve the affidavit in support of the Chairman regarding the Executive Session; Commissioner Holman seconded.  The motion carried unanimously.

 

Commissioner Adams made the motion to amend the Agenda out of necessity to add the following item and to approve it – A Resolution Authorizing the County Attorney to File Suit Regarding a Non-Conforming Billboard Located Along Interstate 75; Commissioner Holman seconded.  The motion carried unanimously.

 

Commissioner Adams made the motion to adjourn; Commissioner Holman seconded.  The motion carried unanimously.

 

 

                                                            Jason T. Harper, Chairman

 

 

Peggy L. Malcolm, Deputy County Clerk