The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 9:00 a.m., on Tuesday, December 7, 2004, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted on the bulletin board of the County Administration Building.  The Daily Herald was notified of this meeting.  Those present were:


            Leland Maddox, Chairman, presiding

            Lee Holman, Vice-Chairman, District V Commissioner (Absent)

            Warren E. Holder, District I Commissioner

            Gary M. Freedman, District II Commissioner

            Jason T. Harper, District III Commissioner

            Gerry Adams, District IV Commissioner


Also attending were Rob Magnaghi, County Manager; Patrick Jaugstetter, County Attorney; Susan B. Craig, County Clerk; LaTonya Wiley, Deputy County Attorney; Shay Mathis, Deputy County Clerk; Michael Turner, Public Safety Division Director; Michael Harris, Public Works Division Director; Danny Taylor, Economic Development Division Director; and others.


Chairman Maddox asked for an Acceptance to the Agenda; Commissioner Harper made the motion to accept the Agenda; Commissioner Adams seconded.  The motion carried 4-0-0 with Commissioners Freedman, Holder, Adams, and Harper voting in favor.




Chairman Maddox announced the rezoning request of Alan R. Mills (RZ-04-47) from RA to C-2 for property consisting of 1.30 +/- acres located at 314 Jonesboro Road for an automobile service center and car wash has been postponed to a later date. 





Mr. Iggy Kosior, who lives at 600 Lester Mill Road, said his property includes Indian Creek, just south of the Eagles Brook Development.  Mr. Kosior addressed the Board as follows:


“I want to call your attention to a real threat to the County’s drinking water supply.  Both the Henry County Water & Sewerage Authority and the Federal Environmental Protection Agency agree that the plans for Eagles Brook’s Stormwater Management System, its roads and


its golf course, do not include adequate measures to keep Gardner Reservoir safe from pollutants and minimize adverse impacts to our water supply.”


“The package of documents that I have provided to you addresses the issue fairly well.  First, in August, 2000, Eagles Brook was approved as a Planned Development.  The first condition for the approved project was the project had to comply with the County’s Watershed Protection Ordinance.  Indian Creek, and the land around it, are covered by that Ordinance.  I have provided a part of the Planning Department’s Rezoning Evaluation from 2000.  The project’s initial build-out phase was outside the Indian Creek watershed near and north of the Bill Gardner Parkway.  Some of you may remember that phase, which was built without sewer service, contrary to another condition of the rezoning.”


“Last year about this time, the project began construction of a road across the creek and through wetlands next to the creek.  Those wetlands are protected by at least three laws: 1) the County’s Wetlands Protection Ordinance, 2) the County’s Watershed Protection Ordinance, and 3) the Federal Government’s regulations on wetlands protection.”


“Earlier this year, Eagles Brook submitted a permit application to destroy by filling and piping about three (3) acres of wetlands and about 4,500 feet of streams that feed into the reservoir.  Why?  So that the wetlands could be filled for the golf course, an irrigation pond, roads, and stormwater runoff ponds.  The application was submitted to the U.S. Army Corps of Engineers, which regulates wetlands at the federal level.  This is in addition to our County ordinances.  I have included in your package the comments on the application from the Water Authority and EPA.  Both recommended denial of the permit.  Let me read from the Water Authority’s comments:


·        This stormwater will drain the development’s streets, homes (driveways, roofs, and lawns) and the golf course without adequate water quality measures to ensure a reliable and safe water supply for the citizens of Henry County.”


“Last month, on November 1st, the Water Authority put Eagles Brook on notice that better water quality protection measures were required by the June, 2000 Watershed Protection Ordinance.  Thankfully, the Water Authority spotted the violation and called it to the attention of the County’s Stormwater Department.  Our attorney has kept the County Attorney’s Office, Ms. Tonya Wiley, informed of these violations.”


“We ask that you support the Water Authority and the Stormwater Department fully and without reservation in enforcing the Watershed Ordinances.  The development’s rezoning was approved on condition that the Watershed Protection Ordinances would be complied with.  We need to protect our drinking water reservoir.”


“We would also urge you to instruct the County Attorney and County Offices to enforce the twenty-five (25’) foot buffer requirement found in the County’s Wetlands Protection


Ordinance (3-7-163). As you may recall, in February, 2003, the Commission granted administrative authority to Planning and Zoning to issue variances to the buffer requirements.  But in cases like the Eagles Brook project, with large areas of impact, the Commissioners, as elected officials, should act on variances.  We have prepared a resolution for your consideration that would have the Commissioners review wetland variances of over one (1) acre.  The plans for the Eagles Brook project encroach on the twenty-five (25’) foot buffer in many areas, well in excess of one acre (the golf course, a proposed irrigation pond, a proposed stormwater pond, various roads, and golf cart trails).”


“The Wetlands Protection Ordinance prohibits local County permits from being issued until the applicant first gets a Federal, Army Corps of Engineers permit.  The application for that permit for Eagles Brook is still being processed by the Army Corps of Engineers and probably won’t be issued until later this month.  Because the development has not yet been permitted for wetland impacts, the County still has time to meet with the developer and have the developer revise plans to limit to the maximum extent practicable encroachment into the wetlands buffer areas.”


“The County has good ordinances to protect our water resources, but only if you, the Commissioners, reinforce the importance of those ordinances.  Thank you for the opportunity to speak to you this morning.”





Mr. Matthew S. Shannon, spokesperson for the Mount Carmel Citizens Committee, said he lives at 2647 Mount Carmel Road.  Mr. Shannon stated the Committee had a meeting with the New Birth South Metropolitan Church last night and some concerns were listed.  Mr. Shannon asked for the letter and attachments, signed by Andre Landers, Senior Pastor, be submitted into the record that reads as follows:


Dear Mr. Shannon:


“This letter serves as a written response to your correspondence dated November 2, 2004, and submitted to the Henry County Board of Commissioners, regarding the above-referenced property owned by New Birth South Metropolitan Church.  On September 23, 2004, Henry County Municipal Planning Commission approved the conditional use permit application, on behalf of New Birth South Metropolitan Church application submission.”


“As one of the largest property owners of Henry County, we share in your concerns of maintaining the quality of life for the citizens of the Mount Carmel Road community and ensuring a non-intrusive construction phase of our new church facility.  In designing the new


facility for New Birth South Metropolitan Church, our first priority is to ensure that we comply with all applicable laws, rules and ordinances associated with the development and construction of our new facility.  As a biblically based church, we also hope to become a ‘beacon of light’ for the kingdom and a place for families and the community to dwell, within McDonough and surrounding counties.”


“Attached for your convenience is a formal response to many of your issues and concerns that will be addressed during your informal meeting with us on today.  It is our goal to transition to the Mount Carmel community with minimum impacts on the existing residents.  Large populations of the New Birth South membership are current Henry County residents and home owners in the area; therefore, we share in your concerns about the County and the impacts of growth on the area.  If additional information is required regarding this matter, please contact my office at 678/479-4990.”




Andre Landers, Senior Pastor



Mr. Shannon stated the buffer zone was discussed in the meeting, where the fifty (50’) buffer would be natural and undisturbed around the entire property; he said this was a great relief and set a good tone for the meeting.  He said in review of the information that was placed on the Zoning Board Meeting Minutes, some of the things seemed to be inconsistent, which was a great concern to him.  Mr. Shannon said it was noted there are 1,100 members according to their attorney, but according to the website, they have over 5,000 members.  Secondly, there seems to be some County employees who are also members of the church, and there could be undue influence and an opportunity for misunderstanding.  He said the amount of property is approximately forty-two (42) acres, and there seems to be wetlands upon this land, and it is very important Federal Law is not violated in so doing. 


The church representatives expressed the desire to begin building in Spring, 2005, and the building will have a seating capacity of 3,500 people with over 1,000 parking spaces.  Mr. Shannon said in reviewing their very nice plan, they will have two (2) ball fields, a soccer field, a family center, and an enclosed gymnasium.  Mount Carmel Road is a six (6) mile scenic highway, with his property to the south and west of the proposed site, noting the Mt. Carmel Elementary School is directly across from this property.   The intentions on the building of this property are to put the entrance to the church next to the school itself.  The Church has three (3) services on Sunday, and morning meetings at 5:30 a.m. every morning for prayer, not including other meetings listed on their website.  He envisions a tremendous opportunity for a massive quantity of vehicle traffic.  A thorough vehicle study should be conducted, based on the present membership of the church, estimating a growth of 10,000 to 12,000 members within the next three (3) years.  A church is normally designed to be in a location from twenty (20) to fifty (50)



years; he said that is a lot of people and a lot of traffic.  Mr. Shannon said he has grave concerns over the safety of the school children with the increased traffic.


Mr. Shannon said the gentleman who preceded him today also talked about how the Corps of Engineers gets involved when wetlands are discussed.  Any time a stream or river is moved, it requires approval, which requires a minimum two (2) year study.  In the County’s record, they plan on 10% of the property being allocated as the buffer. 


Mr. Shannon stated the residents are very happy to welcome a church to the neighborhood, because it brings good influence and good people.  He said they want to avoid any problems or misunderstandings in the future, and they did not want their government or any of their people to have to pay massive fines by the EPA or the Corps of Engineers. 


Commissioner Freedman said the presentation was very professional.  He asked if there was a plan to move a streambed in relation to this project.


Mr. Shannon said the main building will sit on top of a streambed. 


Ms. Angela Henderson, Church Administrator, said their plan is not to build upon a streambed; they also do not plan to disturb any of the wetlands or lakes.  She stated they are planning to build around it and maintain the natural beauty of the property.  Ms. Henderson addressed the membership of the church; at the Planning and Zoning presentation, she said a concerned member of the church (not an Attorney) spoke and, in his nervousness, did state the church had 1,100 members, but it actually seats 1,100 members.  Ms. Henderson said they have as members (people who have completed applications for the church) about 3,700 adults and roughly 2,000 children, but not all of the members attend every Sunday.  She said their goal is to adhere to all guidelines, ordinances, and requirements for the State and Henry County. 


Ms. Henderson said in the Planning and Zoning Meeting, they adhered to the forty (40’) foot buffer, but also agreed to a fifty (50’) foot undisturbed buffer around the entire perimeter of the church. 


Mr. Shannon said it is extremely important to follow the guidelines, because the EPA and the Corps of Engineers are not forgiving in the slightest for any kind of violation.  He said the typical fine starts at $20,000 and goes straight up.  Mr. Shannon referenced a previous core sampling of the property by a developer who had thought about Purchasing the property in the past. 


Ms. Henderson referenced the core studies and said the church plans to adhere to all requirements governed by the Corps of Engineers once they approach that phase of the development.  At the moment, she stated they are in the conceptual design phase of their church.  Relating to the core study, the church staff had a geotech engineering firm go out and review and survey the land and perform core studies throughout the entire area. 


Commissioner Freedman asked if they would be on septic or sewer. 


Ms. Henderson said they are working towards tying into the existing sewer.  She said by the time they get to that phase, they will perform studies to make sure it is appropriate. 


Commissioner Adams asked about the projected completion date.


Ms. Henderson said they will not open the church completely until mid to late 2007; given the terrain of the land lot, they are hoping to start breaking ground in March/April, 2006. 


Mr. Shannon said when the original Minutes were prepared by the Planning and Zoning Committee, it was stated they would pay for all tie-ins and for all expenses required to tie-in the sewer system.   Mr. Shannon repeated the request for an adequate and sustained traffic study to be performed for a true measure of precisely how much traffic is on the road.  Further, in that study, he asked for the potential number of members of the church to be taken into account that will be coming into the area. 





WHEREAS, Chase Mill Development, Inc. (RZ-02-53) of McDonough, Georgia, has applied for rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residential) to develop a new single-family residential subdivision located in Land Lots 36 and 61 of the 11th District on Miller’s Mill Road in Henry County, Georgia; and


WHEREAS, on April 15, 2003, the Henry County Board of Commissioners initially denied this request; and


WHEREAS, following such denial, Chase Mill Development, Inc. and Big Cotton Bend Development, Inc. filed suit challenging the constitutionality of the current RA zoning of the Property; and


WHEREAS, on September 20, 2004, Judge Marion F. Cummings, Senior Judge of the Superior Court of Henry County, signed an Order finding the current RA zoning of the property to be unconstitutional and requiring the Board of Commissioners to reconsider the current RA zoning of the Property; and

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


WHEREAS, the Board of Commissioners, following public hearing as required by law, has determined that R2 zoning, subject to certain conditions, is appropriate for the property;


NOW, THEREFORE, BE IT RESOLVED that upon reconsideration by the Board of Commissioners of Henry County, Georgia, the Board rezones the property from the RA zoning classification to the R2 zoning classification.  However, recognizing that such rezoning will negatively affect the area and surrounding and adjacent properties and in order to ameliorate the negative affect of such R2 zoning, the property is zoned R2 subject to the following conditions:


1.                  The minimum lot size shall be 30,000 square feet; the maximum density shall not exceed 1.25 dwelling units per acre.


2.                  The minimum house size (heated space) shall be 2,500 square feet.


3.                  All sides of all homes shall be brick or stone (or a combination thereof); no vinyl or wood siding shall be permitted, with the exception of vinyl that will be allowed only on the soffit and facia boards.


4.                  The homes shall be built on-site (no modular or manufactured homes).


5.                  All homes shall have a two-car, side entry garage.


6.                  Sidewalks shall be installed on both sides of all streets within the subdivision.


7.                  All yards shall be fully sodded on all sides, except where landscape features are present.


8.                  Underground utilities and streetlights shall be required.


9.                  The developer shall install acceleration and deceleration lanes in accordance with Henry County Department of Transportation construction standards.


10.              There shall be no clear cutting of trees on this site.


11.              A twenty (20) foot planted buffer shall be placed on the east side of the property, adjacent to J.P. Moseley Park.


12.              The developer shall strictly adhere to all Stormwater and Sedimentation Control Ordinance of the County and State.


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


Mr. Steve Fincher, Attorney representing the applicant (Chase Mill Development), stated the Superior Court of Henry County has ruled, as he has been arguing for the better part of two (2) years, that the existing zoning on this particular piece of property as RA is an unconstitutional imposition of the County’s zoning regulations.  Therefore, the applicant has remanded this matter back to the Board for further consideration.  He said it is quite improper and unlawful for this Board to have made a determination as to what the appropriate zoning for this property will be, before they held the Public Hearing.  Mr. Fincher said this exercises bad faith, and they will be proceeding with a petition for contempt of Court, subsequent to the action the Board takes.


Commissioner Harper interrupted asking, “did you not apply for R-2?”  Mr. Fincher said, “yes sir.”  Commissioner Harper asked, “was his motion for R-2?”  Mr. Fincher said, “yes sir.” Commissioner Harper asked, “what do you want us to do – do RA or R-1, lesser than what you have asked for?”  Mr. Fincher said, “no sir.  What I would have expected you to do is to have listened to the evidence before you made a judgment as to what was appropriate.”


Mr. Jaugstetter said the Board had made no judgment or decision; the motion was made by one Commissioner, and the Board had not acted. 


Chairman Maddox said that was a resolution, and the Board reads a resolution on all zonings.  As far as a decision being made, there has not been one. 


Mr. Fincher said he thinks the decision has already been made in this case, but he believes that anything other than R-2 without the onerous conditions would be an act of bad faith. 


Commissioner Adams asked, “did you say onerous conditions?”  Mr. Fincher said, “yes sir.”  Commissioner Adams said, “that is what we have passed ever since I have been on the Board.”  Mr. Fincher said the County’s staff had issued a report on this particular zoning back in March, 2003, and they recommended the property be rezoned to the R-2 classification with certain conditions.  Mr. Fincher reminded the Board the Land Use Plan reflects this property should be zoned to an R-2 classification, but the Board is imposing conditions upon this property that are substantially beyond what R-2 calls for.  He stated an R-2 zoning does not call for a 2,500 square foot house nor does it require an all brick structure.


Commissioner Adams said that is what is located within a half mile down the road; there are four (4) subdivisions near this property that are nicer than this one.



Mr. Fincher said what they want is what the Land Use Plan calls for which is R-2.  Also, regarding the sewer system, it will be developed behind this piece of property near the creek, and the Water Authority has already developed plans on record to install a trunk-line behind the property.  He said his client has been assured by the Water Authority that the sewer will be available in very short order. 


Additionally, Mr. Fincher stated the applicant was notified last week that the Commissioners have filed a petition to condemn this piece of property, which also exercises bad faith and has set this body into a significant conflict of interest as it relates to how the zoning should be reviewed.  He said the more onerous conditions placed on this property over and above the R-2 zoning classification will decrease the value of his client’s property when it is presented at the Special Master’s Hearing next week.  Therefore, it appears to his client that anything over and above the normal R-2 conditions can and will be perceived by them, the Special Master and a jury as an attempt to influence the value of this property as it relates to what the Special Master and jury will see as a result of the evidence shown. 


Commissioner Adams said he could point out many, many subdivisions that are R-2 with these standards.


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


In opposition, Mr. Carl Parker, who resides at 25 Doubletree, Stockbridge, Georgia, said he is not going to talk about the homes, the size of the houses, or the brick, because all of that is very necessary.  But he wants to talk about what happened last night at the meeting on Reagan Road.  He said, “we found out they are not going to do anything about us getting out of that subdivision that we are in on Millers Mill Road until sometime in 2006.  I do not know how many homes are going on this piece of land, but we do not need any more homes built on that road until we get that road fixed.  Sometimes traffic is backed up to the bottom of the field, and sometimes within 30 or 40 yards to Cotton Fields.”  He could not understand why 50 or 60 more homes needed to be built creating more traffic, and he thought the Board should focus on the safety issue since several people have been killed at Millers Mill and Highway 155. 


Mr. Chris Helton, who lives at 1233 Mill Creek Lane in Cotton Plantation, stated he has invested approximately $700,000 in his home.  He said the residents have already had one subdivision ‘shoved down their throats’ across the street at Barrington that has adversely affected his subdivision already.  Mr. Helton said the traffic is already terrible, and the neighborhood does not need any more congestion.  He said the Board had the right mind to limit the density of the subdivision and to make it adhere to the other zonings in the area.  Cotton Plantation and Cotton Fields I and II had a higher zoning requirement.  Also, he stated he found it interesting that this one builder assumes the Board is going to adjust the regulations to allow him to put a subdivision in with very minimum standards, and he is proud of the Board for standing up to this Attorney who is trying to pressure the Board to do something that is not right.  No jury in the world would support this Attorney in “his quest to shove a bunch of high density, low-income housing into this nice neighborhood.”  


Commissioner Adams said a couple of reasons it was denied before were the very reasons Mr. Helton has mentioned.  The Court of Appeals has allowed some of these reasons (overcrowded roads and schools) to deny zonings.  But the Judge has told the Board to turn around and reconsider it. 


Mr. Joe Frazier, who lives in Cotton Fields Subdivision, said his house complies with these onerous conditions.  He said the fact that it does comply, makes it a very valuable piece of property.  Mr. Frazier said if the Board allows something less onerous, it will affect his property and the tax base of the entire neighborhood.  He supported the Board in standing up for this, and asked for the road to be repaired as soon as possible to support the increase of traffic in the future. 


Mr. Joe Stone, who lives in Cotton Indian Creek Subdivision, addressed the current traffic problem on Millers Mill Road at each end.  He said the requirements the Board is leveling on this development are more than fair.  He asked the Board to ‘toe the line.’


Mr. Irv Allison, who lives at 1216 Mill Creek Lane, applauded the Board for what they are doing; he said this should be made a standard for R-2 zoning.  His opinion was this development should be zoned as R-1.


Mr. Fincher stated this property has sewer available to it today, and that is one of the reasons he believes 30,000 square foot lots are inappropriate.  He said the traffic issue is very important and the Board must deal with it.  Mr. Fincher said to his understanding, the plans are on the books to improve both ends of Millers Mill Road.  He felt in past discussions with Commissioner Adams, one area of concern was 3-sides brick homes versus all brick homes.  He could not understand why circumstances have changed since the last meeting with the Commissioner to where now the requirement is to limit the property to 30,000 square foot minimums and to require a 2,500 square foot minimum on the house size.  Mr. Fincher said the homes in this development will range from $175,000 to $250,000. 


Commissioner Adams stated, “I received a fax last night of a copy from the Georgia Environmental Protection Division where you guys, under the name of River Chase, got sited and apparently convicted, or perhaps you pled guilty, to stormwater sediment discharge problems, and where you paid $5,000.”


Mr. Fincher said he was not aware of that, and he felt it inappropriate that Commissioner Adams brought this up under the circumstances. 


Commissioner Adams asked, “why?” 



Mr. Fincher said it was not relevant to the discussion of this case. 


Commissioner Adams said there was a lake or pond on the property, and he was concerned about the sediment control.  He said a neighbor submitted a letter that stated the applicant has not done anything regarding the clean-up of the sediment and the wetlands.  


Mr. Fincher said this is not relevant to this case, because it involves another development location (Lake Amah Lee).  Commissioner Adams said, “if you do it in one location, what’s to say it won’t happen at another place?”  Mr. Fincher said his client will comply with the law or he will pay the penalty. 


Mr. Jaugstetter said further discussions will occur in Executive Session, but the vote will be in Public Session.


Commissioner Holder asked if the Board could adjourn into Executive Session with a motion and a second on the floor.


Commissioner Harper stated, based on Roberts Rules, a motion to recess or adjourn takes priority over the motion sitting on the floor.


Commissioner Holder made the motion to adjourn into Executive Session, in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, the County Attorney, for the purposes of discussing the acquisition of real estate; Commissioner Harper seconded.  The motion carried 4-0-0 with Commissioners Holder, Harper, Freedman, and Adams voting in favor.



                                            (An Executive Session was held.)


Commissioner Harper made the motion to reconvene into Public Session; Commissioner Adams seconded.  The motion carried 4-0-0 with Commissioners Harper, Adams, Holder, and Freedman voting in favor. 


Commissioner Harper made the motion to approve the Executive Session affidavit in support of the Chairman; Commissioner Adams seconded.  The motion carried 4-0-0 with Commissioners Harper, Adams, Holder, and Freedman voting in favor.


Chairman Maddox stated the Board has a motion on the floor with the conditions that were read prior to Executive Session. 


Commissioner Adams said he thought it was appropriate to make reference, for the record, that since presently there is not existing sewer at the location, it should be left at 30,000 square feet.



The motion carried 3-1-0 with Commissioners Harper, Adams, and Freedman voting in favor, and Commissioner Holder voting against. 










Charrette Development Group – RZ-04-34


WHEREAS, Charrette Development (RZ-04-34) has applied for a rezoning from RA (Residential Agricultural) to C-2 (General Commercial) to allow for the development of a retail shopping center, restaurant and office space, for property located at 2100 Jodeco Road, Land Lots 77 and 78 of the 6th District (Parcel ID # 053-01-019-000) consisting of 11.23 +/- 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 November 11, 2004; 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, stucco, stone, glass or any combination thereof.


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


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


  1. Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides. The enclosure should be constructed of brick, stone, stucco or any combination thereof provided it is consistent with the primary structure, and shall not exceed eight feet (8’) in height.


  1. Development Plan Review Department staff shall approve the proposed architectural design prior to the issuance of a building permit.  The applicant shall maintain the same architectural design and concept as shown to the Planning Commission and Board of Commissioners.


6.      A detailed landscaping plan shall be submitted and shall exceed the minimum requirements of the ordinance by including heavy landscaping throughout the entire site. The Development Plan Review Department shall have final approval of the plan prior to the issuance of any permits.


7.      A berm shall be erected along all property lines that abut current residential land uses.


8.      Acceleration/deceleration lanes shall be installed in accordance to standards set forth by the Henry County Department of Transportation.



Mr. Dan Woodall, representing Charrett Development Group, said this request is for a rezoning from RA to C-2.  The zoning categories to the east and north are C-3, to the west is R-3, and to the south is RA.  He stated their request is consistent with the Future Land Use Map as a commercial zoning, noting the site consists of 11.23 acres where the first part of the site will be developed as a restaurant similar to the Blue Willow Inn near Social Circle, Georgia.  Mr. Woodall said the old home has been there since 1869 and their intention was to restore it.  He said after extensive investigation, it was determined the restoration of the home would not be feasible in bringing it up to code.  The best scenario will be to replace the home with a brand new structure in keeping with the ordinances.  He said through the meetings with the Board of Commissioners and the Planning Commission, they wanted to see the center themed around the old home.  The retail centers, adjacent to the home, will be in keeping with the architecture, and the oak trees will be preserved.  Based on a request from the Planning Commission and the Planning Staff, the buildings will be pulled closer to the road to give more curb appeal, and there will be no parking in front of the buildings. 


Mr. Woodall said on the western side of the property, this development adjoins a small community called ‘Plantation Walk;’ therefore, the applicant is proposing a twenty (20’) foot berm and landscaped buffer.  He said the proximity to I-75 is a quarter of a mile, and a widening project is scheduled for Jodeco Road to be completed by 2007. 


Mr. Woodall stated Staff recommended approval with conditions, and the applicant is in agreement with the conditions; however, it has been indicated the brick, stone, and stucco feature has a condition to be eliminated to allow the applicant to perform the architecture of the old home. 


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


Commissioner Harper asked, “if you are going to demolish that house, as a condition of your zoning, would you offer that as a donation to the County, subject to Board Approval?  Mr. Woodall agreed. 


Commissioner Freedman made the motion on the zoning and conditions as follows:  Commissioner Freedman moved to approve the rezoning from RA (Residential/Agricultural) to C-2 and C-1 with these conditions:


1.      All buildings shall be Victorian style architecture with hardiplank type material with stone or stucco accents not to exceed 10%.


2.      (Stays the same.)


3.      (Stays the same.)


4.      (Stays the same.)


5.      In the second sentence, change to read: The applicant shall maintain the same architectural design and concept as shown to the Board of Commissioners.


6.      (Stays the same.)


7.      An earthen landscaped tree-planted berm shall be erected along all property lines that abut the current residential land use.


8.      (Stays the same.)


9.      C-1 zoning will be allowed on the area adjoining Plantation Walk Subdivision on the western side of the property.


10.  Entrances off Jodeco Road shall be restricted to those allowed by Georgia Department of Transportation and Henry County Department of Transportation.  Entrance 2, as noted on the site plan, shall be eliminated.  All uses under C-1 will be allowed except, as indicated in the Ordinance (3-7-150), Nos. 2, 7, 14, 17, 21, 22, 24, 26, 29, 38, and 41.  All uses under C-2 will be allowed except Nos. 2, 4, 5, 6, 15, 16, 17, and 22.  Under CU (conditional uses), the only ones allowed will be Nos. 3 and 6. 


11.  Prior to demolition, the existing house will be offered as a donation to any non-profit or government organization who wants to remove it entirely or in part for historical purposes.   



Commissioner Adams seconded the motion.


Chairman Maddox asked Mr. Woodall if he agreed with all of the conditions.  Mr. Woodall agreed. 


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




Michael and Walter Collier – RZ-04-50.


WHEREAS, Tradewinds Properties (RZ-04-50) 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 2492 Jonesboro Road in Land Lot 108 of the 6th District (Parcel ID# 035-01-012-000), and consisting of 26.69 +/- 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 October 28, 2004; and


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

1.      There shall be no mass grading/clear-cutting of the site.


2.      Sidewalks and streetlights shall be installed on both sides of the street throughout the development.


3.   The project shall not exceed 2.00 dwelling units per acre.            


4.   The house sizes shall be 2,000 square foot heated floor space minimum.


5.   Three sides shall be brick, stone, stucco, or any combination thereof, and the rear shall be a masonry product.


6.   Side-entry garages shall be standard except where not possible due to topography. This shall be determined by the Development Plan Review Department.


7.   Underground utilities shall be required.


8.   All yards shall be sodded to the rear drip line.


9.   Lot sizes shall be in conformance to 18,000 square feet and above.



Mr. Mike Norbeck, Director of Operations at Tradewinds Communities, said their request is consistent with the Future Land Use Map, and they have reviewed the draft resolution prepared for the request and agree with conditions 1, 2, 3, 4, 6, 7 and 8, after meeting with Commissioner Freedman yesterday to discuss a possible reconsideration of conditions 5 and 9.  He said they presented the Board with a revised plat that differs from the original application, noting they used 18,000 square feet as their benchmark.  He said they have pulled the wetlands area lots forward, and in the process, they went from forty-one (41) lots to forty (40) lots.  He said the minimum lot size on some of the lots decreased to 14,000 square feet in some areas, a density offset by the increased buildable greenspace area.  The net density is 1.64 units per acre, and Commissioner Freedman verified the numbers regarding the offset.  The area provided per plat, based upon the forty (40) lot layout, is 713,931 square feet, and the deficit offset is 91,619 square feet of buildable greenspace, that can be used to make up the 6,000 square foot difference.   


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 conditions as listed with the change of condition #3 where it shall not exceed two (2) units per acre to 1.64 units per acre.  In condition #5, this has been changed to read, all four (4) sides shall be a combination of brick, stone, stucco or hardiplank type material; however, stucco accents will be allowed.  In condition #9, the minimum lot size shall be 18,000 square feet; however, as low as 14,000 square foot lots shall be allowed where greenspace is offset in the plat presented.  Commissioner Harper seconded. 


Commissioner Holder stated, for the record, there will be no lot less than 14,000 square feet; Commissioner Freedman said that is why he is holding them to their plat. 


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





There were no items presented.





Request Approval of Financing Through ACCG for the DMV Facility.


Mr. Jaugstetter said the resolution would authorize the Chairman to execute the lease/purchase documents that would allow the County to finance the DMV facility. 


Commissioner Harper made the motion to approve the resolution authorizing and directing the Chairman of the Board of Commissioners to execute a certain deed and certain installment sale agreements with the Association of County Commissioners in Georgia and any related agreement and document in connection therewith making appropriation for the purchase or the financing of the Department of Motor Vehicles Safety Facility; Commissioner Holder seconded.  The motion carried 4-0-0 with Commissioners Harper, Holder, Freedman, and Adams voting in favor.





There were no Commissioner comments.





Commissioner Holder made the motion to approve the November 15th and November 16th, 2004 Minutes of the Board of Commissioners’ Meetings; Commissioner Harper seconded.


Commissioner Freedman stated he had submitted a correction to the Deputy County Clerk for the November 15th Minutes (page 8) changing the word, “Gadsby” to “GASB.”   He said GASB relates to financial law.


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





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


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


12/23/04          Thursday                                  All County Offices will cost at 12:00 noon.


12/24/04 and 12/27/04                         All County Offices will be closed in observance

                                                                        of the Christmas Holiday


12/31/04          Friday                                      All County Offices will be closed in observance

                                                                        of New Year’s Day.



Commissioner Holder made the motion to adjourn into Executive Session, in accordance with the provisions of O.C.G.A. 50-14-3, and other applicable laws, and pursuant to advice by Patrick Jaugstetter, County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Harper seconded.  The motion carried 4-0-0 with Commissioners Holder, Harper, Adams, and Freedman voting in favor.



                                               (An Executive Session was held.)



Commissioner Adams made the motion to reconvene into Public Session; Commissioner Harper seconded.  The motion carried 4-0-0 with Commissioners Adams, Harper, Holder, and Freedman voting in favor.


Commissioner Harper made the motion to authorize the Chairman to execute the affidavit of Executive Session; Commissioner Adams seconded.  The motion carried 4-0-0 with Commissioners Harper, Adams, Holder, and Freedman voting in favor. 


Commissioner Adams made the motion to adjourn at 11:43 a.m.; Commissioner Harper seconded.  The motion carried 4-0-0 with Commissioners Adams, Harper, Holder, and Freedman voting in favor.


                                                                        Leland Maddox, Chairman


Peggy L. Malcolm, Deputy County Clerk