STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Public Meeting at 6:30 p.m. on Tuesday, January 15, 2008, 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 of this meeting. Those present were:

 

                   Jason Harper, Chairman

Warren E. Holder, District I Commissioner

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

Randy Stamey, Vice-Chairman, District III Commissioner

          Reid A. Bowman, District IV Commissioner

Johnny B. Basler, District V Commissioner

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Mike Bush, Finance Director; Michael Harris, Planning & Zoning Services Division Director; and others.

(NOTE: Audio of this meeting is available with the County Clerk in the Board of Commissioners’ Office and will be retained for a period no less than twelve (12) months from the date of this meeting.)

Chairman Harper called the meeting to order and announced the following items would not be heard:  1) Partial Abandonment of Nail Road; 2) Partial Abandonment of Bridges Road and 3) Right of Way abandonment of Westridge Parkway.

Commissioner Stamey made the motion to approve the agenda; Commissioner Bowman seconded.  The motion carried unanimously.

Presentation – Georgia Flag Project

          Chick Krautler, Director of the Atlanta Regional Commission made the presentation to the Board. Also present was Petty Officer Roy, Recruiter for the United States Navy. The USS Georgia was a ballistic missile submarine that has been retrofitted to carry 154 cruise missiles, as well as special operations forces. The submarine will be officially home-ported at Naval Submarine Base in Kings Bay, Georgia.

 

A formal Return to Service (RTS) Ceremony is scheduled at Kings Bay on March 28, 2008. One of the initiatives is a "Georgia Flag Project" to carry a Georgia State Flag through every county in Georgia, having a brief event with the Chairman of the County Commissioners (or representatives) in every county.

 

Jonesboro Road Partners, LLC, Stockbridge GA – AP-07-05

Jonesboro Road Partners, LLC of Stockbridge, GA requested a variance located at 2129 Jonesboro Road.  The property is located in Land Lot 109 of the 6th District, consisting of 10.21+/- acres.  The request was to increase the maximum building height and to allow residential land uses in the C-2 (General Commercial) zoning district.  The request was denied by the Zoning Advisory Board on March 22, 2007.  The applicant filed an appeal with the Henry County Planning and Zoning Department on April 6, 2007.

Jeremy Gilbert, Planner I, presented the agenda item to the Board.  The original request was for two (2) variances; 1) to increase the height of buildings in a C-2 (General Commercial) zoning district from 35 feet to six stories and 2) to allow multi-family residential land uses (condominiums) in a commercial zoning district.  The applicant has decided to only seek one (1) variance to allow for an increase in the height of the buildings.

Commissioner Mathis asked for the maximum height for a building according to the County Code or Ordinances.  Mr. Gilbert stated under the current ordinance for a C-2 zoning district the height is 35 feet (approximately three stories). 

Commissioner Mathis asked for clarification as to why a building was only allowed a height of 35 feet.  Mr. Gilbert stated it was because the fire trucks at the time would only accommodate a 35 foot building.  There are currently zoning districts within the County that allow six story buildings.

John Buckley represented the applicant in the appeal of the variance request.  The property consists of approximately 10 acres.  Retail is planned for the front of the property with two office buildings in the rear of the property. 

Commissioner Stamey asked staff if the Fire Department was currently equipped to adequately accommodate a six story building.  Mr. Gilbert stated that according to the Fire Department there is adequate fire protection.

Chairman Harper called for public comments from anyone whishing to speak in opposition to the request; there was no response.

Commissioner Mathis made the motion to overturn the denial and approve the request for a variance to increase the maximum building height to six stories; Commissioner Bowman seconded. The motion carried unanimously approving the following resolution:

WHEREAS, Jonesboro Road Partners, LLC (AP-07-05) of Stockbridge, Georgia, applied for a variance (VR-07-02) for property located at 2129 Jonesboro Road  located in Land Lot 109 of the 6th District, consisting of 10.21+/- acres,  to increase the maximum building height in a C-2 (General Commercial) zoning district from thirty five feet (35’) to six (6) stories; 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 Zoning Advisory Board reviewed and denied the request for a variance on March 22, 2007; and

WHEREAS, Jonesboro Road Partners, LLC filed an appeal on April 6, 2007; and

WHEREAS, Staff tabled this request on April 23, 2007

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the applicant’s request.

Donation of a Blacksmith Shop and related items for the Heritage Park Village

          Roy Clack, SPLOST/Capital Projects Director, presented the agenda item to the Board.  This item was tabled at a Commission meeting in December to inquire into the possibility of soliciting donations to fund the relocation cost for the Blacksmith Shop.  The owner, Janette Gardner, made a request to donate a traditional blacksmith shop and related items to be relocated to Heritage Park.  Private contributions have been collected to be used in offsetting the cost to move and reconstruct the Blacksmith Shop.  County staff will relocate the Blacksmith Shop. 

          Commissioner Bowman stated the following individuals and companies made donations in the total amount of $4,500:  Bellamy Strickland; Harold Jenkins with Alpha Insurance; J. T. Williams; The Henry County Chamber of Commerce; Rod Meadows. Commissioner Bowman himself made a contribution and Mr. Hinton pledge to donate some of the concrete cost.

          Commissioner Stamey made the motion to accept the donation of the Blacksmith Shop and the donations for relocations costs; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, owner, Janette Gardner, would like to donate a traditional blacksmith shop and related items to be relocated to Heritage Park; and

WHEREAS, the blacksmith shop includes a brick fire pit with blower and various tools, either handmade or collected antiques; and

WHEREAS, private contributions have been collected to be used in offsetting the cost to move and reconstruct the Blacksmith Shop; and

          WHEREAS, the relocation will be carried out by county staff; and

          NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the acceptance of the donation of a blacksmith shop and related items from Janette Gardner to be relocated to Heritage Park village.

Standard Properties, Inc. of McDonough, GA – RZ-07-25

          Standard Properties, Inc. of McDonough, GA requested a rezoning from RA Residential-Agricultural) to R-2 (Single-Family Residence) for property located at the southeastern quadrant of the intersection of Highway 155 and Selfridge Road.  The property is located in Land Lots 26 and 27 of the 11th District, consisting of 49.816+/- acres.  The request was for the development of a single-family residential subdivision. The Zoning Advisory Board recommended approval at the October 11, 2007 meeting.

          Stacey Jordan, Chief Planner, presented the agenda item to the Board.  The subject property is primarily RA (Residential-Agricultural) and the Future Land Use Map calls for Residential and Agricultural with up to 1.0 dwelling units per acre.  The applicant proposed 46 lots on 49.186 +/- acres a net density of 0.98 dwelling units per acre. 

          Andy Welch of Smith, Welch & Brittain, represented the applicant for the rezoning request.  The current RA zoning would allow for unregulated development of the property.  The plan is consistent with the Future Land Use Map.  The average lot size is over one acre and the minimum lot size is established by conditions and by the plat presented at the meeting to be three quarters of an acre lots.  The subject property has public water, public roads and public sewer accessible along Little Cotton Indian Creek.  The applicant acknowledged and accepted the conditions that were recommended by the Zoning Advisory Board.  There was a town hall meeting for the residents within the area of the subject property.  At the town hall meeting there was discussion regarding the lot sizes, the quality of the homes and the character of the area.  Those concerns were incorporated into a revised plan with 46 lots.  The homes are proposed to be developed at a 3,000 square feet minimum of heated floor space, as well as the minimum lot size and the density cap that are apart of the conditions.  Buffers were established along the RA property that is to the east of the subject property.  Mr. Welch referenced, for the record, the minutes of the Zoning Advisory Board that relates to the rezoning request and also a letter dated January 14, 2008 that was submitted to the Board. 

          Chairman Harper asked for clarification that the applicant was in agreement with the twenty conditions as recommended by the Zoning Advisory Board.  Mr. Welch stated yes, the applicant agreed.

          Chairman Harper called for opposition from anyone wishing to speak in opposition to the rezoning request.  Those speaking in opposition were:  Joel Stancliff, 468 Cotton Indian Creek Road; Ann Cook, 148 Selfridge Road.

          Mr. Welch responded to the comments from those speaking in opposition. 

          Commissioner Stamey asked for clarification regarding condition #18 according to the executive summary provided by staff which reads “A berm four feet (4’) high with a six foot (6’) high planted vegetation shall be installed on the east side along any RA (Residential-Agricultural) zoned property adjacent to the subject property.”  Regarding lots 16 thru 20, Commissioner Stamey stated he would like to modify the condition by adding a twenty foot (20’) easement along the property to be controlled by the Homeowners Association. 

          Mr. Welch asked for the purpose of the easement.  Commissioner Stamey stated the easement would contain the vegetative buffer.  Mr. Welch asked if the easement would be a restrictive easement preventing alterations to the buffer area.  Commissioner Stamey stated he would like the buffer protected.

          Also from lot #20 to lot #32 is a heavily wooded area, and Commissioner Stamey stated he would like for that area to remain undisturbed and controlled by the Homeowners Association. 

          Mr. Welch stated for clarification, from lot #32 to lot #20 where there is existing vegetation within the easement, it is to remain undisturbed.  Commissioner Stamey confirmed that was correct.

          Mr. Welch asked for clarification regarding condition #9 which states “a fifty foot (50’) undisturbed vegetative buffer and twenty-five foot (25’) impervious surface buffer are required on both sides of any creek or stream.”  Mr. Welch stated he would like for the condition to be specific as to Little Cotton Indian Creek.  Commissioner Stamey stated he was ok with that recommendation, but the area he referenced regarding lot #32, it would be twenty feet (20’) of the area that touches the creek.  The property to the right of lot #32 is protected by a twenty-five foot (25’) state buffer, fifty foot (50’) undisturbed buffer and a seventy-five foot (75’) impervious surface setback.

          Commissioner Stamey asked for clarification regarding there only being access to Highway 155 and not unto Selfridge Road.  It was recommended that condition #12 be amended to have no access onto Selfridge Road without a variance.

          Commissioner Stamey asked if the applicant would be willing to eliminate one lot and the excess land to be added to lots #16 through #20 to make those lots larger which would increase the lot sizes to close to an acre in size.

          Mr. Jordan asked that Commissioner Stamey make reference to the site plan in the amendments to the conditions where specific lots are mentioned.

          Mr. Welch stated the applicant is agreeable to the amendments to the conditions with clarification that the twenty foot (20’) easement would be included in the lots.  Commissioner Stamey stated as long as they are controlled by the Homeowners Association.

          Commissioner Basler asked if there would be conditions placed on the property to protect the rest of the creek.  Mr. Welch stated there is a seventy-five foot (75’) setback mandated by the Ordinance and a fifty foot (50’) undisturbed buffer.

          Commissioner Holder stated if the subject property were to be developed at the current zoning, access would be allowed onto Selfridge Road.  The R-2 zoning would prohibit access to Selfridge Road.

The following chart was presented to compare the development if zoned RA (Residential-Agricultural) or R-2 (Single-Family Residence):

 

                   RA (Typical)

                R-2 (Proposal)

Gross Acreage

49.816

49.816

R/W

3.11*

3.11

   Net Acreage

46.706 acres*

46.706 acres

Lot Count

46

46

Net Density

1.0

0.98

Min. House Size

1,200 square feet

3,000 square feet

Lot Width

175 feet (county water)

100 feet

Front Yard

50 feet

40 feet

Side Yard

20 feet

15 feet

Rear Yard

40 feet

40 feet

Lot Size

43,560 square feet

32,670 square feet

*Variable with Topography

Mr. Jordan stated for clarification for the record that if any conditions that reference specific lots, that it can not be construed as conditioning the applicant to any particular site plan, to the specific layout, on the specific site plan, only the area in the vicinity of the lots referenced.  Commissioner Stamey stated that was correct.

          Commissioner Stamey made the motion to approve the rezoning with twenty (20) conditions; Commissioner Mathis seconded.  The motion carried unanimously approving the following Conditions:

1.     There shall be a mandatory Homeowner’s Association.

2.     All lots shall front interior to the subdivision.

3.     All homes shall be built on-site (no modular or manufactured homes).

4.     Sidewalks shall be installed on both sides of the internal streets.

5.     All yards shall be sodded to the rear drip line of the homes.

6.     Underground utilities and streetlights shall be required.

7.     The development shall have uniform mailboxes throughout.

8.     The net density shall not exceed 1.0 dwelling unit per acre as defined by Section 3-7-22.

9.     A fifty foot (50’) undisturbed vegetative buffer plus a twenty-five foot (25’) impervious surface buffer are required along Little Cotton Indian Creek as required by Section 3-6-159.

10. A ten foot (10’) planted landscaped buffer shall be installed along Highway 155, and a berm four foot (4’) high with planted six foot (6’) vegetation along Selfridge Road to be maintained by the Homeowner’s Association.

11. The applicant shall preserve or donate property along the site’s frontage of Selfridge Road to provide a minimum of forty foot (40’) right-of-way from centerline of Selfridge Road to the site’s side. 

12. The entrance shall be a boulevard entrance from Highway 155 and shall have a deceleration lane/acceleration taper and shall be designed and constructed to Georgia DOT standards.  The entrance shall be located such that the minimum intersection sight distance is met per the posted speed limit of the road.  There shall be no access onto Selfridge Road without a variance.

13. The applicant shall coordinate with Georgia DOT regarding the current construction project in progress for Miller’s Mill Road/Highway 155/Selfridge Road intersection.

14. The subject property shall be subdivided as a 49.816+/- acre tract prior to obtaining any permits, as illustrated by the survey completed by Larry Sibley Surveying, Inc., dated March 20, 2007.

15. 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 other applicable codes.

16. All houses shall be a minimum of 3,000 square foot heated floor space, with side entry garages if deemed feasible by staff.

17. All houses consist of all sides brick, stone, stucco, or a combination of two or more of the following materials on the front side: brick, stone, stucco, or cement fiberboard.  Vinyl based products shall only be permitted in the soffits and fascia.

18. Regarding Lots 16 through 20 and 30 through 32 illustrated on the site plan prepared by Larry Sibley Surveying, Inc. dated March 20, 2007, there shall be a twenty foot (20’) restrictive easement along the side of the subject property to be controlled by the Homeowners Association. A twenty foot (20’) vegetative buffer containing a berm four feet (4’) high with a six foot (6’) high planted vegetation shall be installed along the east side of the subject property which include Lots 16 through 20; these lots shall exceed three-quarter (3/4) acre. Existing vegetation shall remain undisturbed within the remainder of the restrictive easement.

19. The minimum lot size shall be three-quarter (3/4) acre.

20. The development shall be on sewer.

 

Standard Properties, Inc. of McDonough – RZ-07-24

Standard Properties, Inc. of McDonough, GA requested a rezoning from RA (Residential-Agricultural) to C-2 (General Commercial) for property located on the southeastern corner of the intersection of Highway 155 and Selfridge Road.  The property is located in Land Lot 27 of the 11th District, consisting of 4.05+/- acres.  The request is for commercial development.  The Zoning Advisory Board recommended denial at the October 11, 2007 meeting.

Stacey Jordan, Chief Planner, presented the agenda item to the Board.  The request is in conjunction with the previous rezoning request.  The Future Land Use Map depicts the area for Commercial and Services. 

Andy Welch, of Smith, Welch & Brittain, represented the applicant for the rezoning request.  As far back as 1993, when the Comprehensive Land Use Plan for Henry County was adopted for the years 1990 to 2010, the subject property was designated as commercial.  In the latest and most recent modification to the Future Land Use Map that was adopted in 2002, it chose to preserve the commercial aspects.  The request is consistent with the Future Land Use Maps of 1993 to current. The request is for the Board to rezone the property in accordance with the Future Land Use Map, the Comprehensive Land Use Plan and with staff’s recommendation of approval of the C-2 classification.  All the criteria for a C-2 zoning has been met.  At the Zoning Advisory Board meeting the applicant opposed some of the proposed uses that were presented and are on record in the minutes of the Zoning Advisory Board.  Mr. Welch made reference to a letter submitted to the board dated January 14, 2008 (the letter was not presented to the clerk for the record). 

Chairman Harper called for public comments from anyone wishing to speak in opposition to the request.  Those speaking in opposition were Connie Cook, 560 Cotton Indian Creek Road; Joel Stancliff, 468 Cotton Indian Creek Road.

Mr. Welch responded to the public comments.

Commissioner Stamey made the motion to deny the request for a rezoning from RA to C-2; Commissioner Mathis seconded.  The motion carried unanimously.

Qualifying Fees for Elected County Offices for 2008

          Shay Mathis, County Clerk, presented the agenda item to the Board.  As required by the Official Code of Georgia, the Governing Authority is to set and publish the qualifying fees for county offices that will appear on the General Primary and/or General Election ballot.  The request presented was for approval of the resolution setting the qualifying fees for elected county offices for 2008.  The qualifying fees will be published in the legal organ before February 1, 2008, and will be available in the Elections and Registrars office.

          Commissioner Mathis made the motion to approve the resolution; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Board of Commissioners is the Governing Authority for Henry County, Georgia; and

          WHEREAS, the Board of Commissioners is required by O.C.G.A. 21-2-131, to set and publish qualifying fees for county offices not later than February 1 of any year in which a general primary, nonpartisan election, or general election is to be held; and

          WHEREAS, these fees are for those county offices that will appear on the General Primary and/or General Election Ballot for 2008;

          WHEREAS, the qualifying fees for the office of the District Attorney and Superior Court Judge is set and published by the office of the Georgia Secretary of State.

          NOW THEREFORE BE IT RESOLVED, the Board hereby approves the qualifying fees for elected offices for 2008 as follows:

COUNTY OFFICE

TOTAL GROSS SALARY FOR 2007

3% QUALIFYING FEE

Chairman, Board of Commissioners

$57,785.81

$1,733.57

County Commissioner

$43,939.36

$1,318.18

Board of Education

$18,274.85

$  548.25

State Court Judge

$139,797.14

$4,193.91

Superior Court Clerk

$77,344.56

$2,320.34

Sheriff

$83,695.91

$2,510.88

Tax Commissioner

$77,344.56

$2,320.34

Coroner

$22,000.00

$660.00

          BE IT FURTHER RESOLVED, these qualifying fees shall be published in the legal organ of the county as required by law.

Approval of Minutes

          Commissioner Mathis made the motion to approve the December 17th and 18th minutes; Commissioner Bowman seconded.  The motion carried unanimously.

Appropriations from Congress

Two appropriations were received from Congress and the President has signed the Bill that makes them effective.  A $250,000 appropriation was received through Congressman Lynn Westmoreland’s office for the Bruton Smith Parkway and approximately $400,000 from Congressman David Scott for the Consolidated Justice System. 

          Commissioner Mathis made the motion to amend the agenda out of public necessity to add the appropriation item and to approve the design portion of the appropriation up to $25,000; Commissioner Holder seconded.  The motion carried unanimously.

County Manager Comments

          There were no comments.

Appointment to the Council on Aging

Commissioner Holder made the motion to amend the agenda out of public necessity to add the appointment to the Council on Aging and appointted Barbara Price and Hazel Gardner to the Council on Aging; Commissioner Stamey seconded.  The motion carried unanimously.

County Attorney Comments

          There were no comments.

Public Comments

          There were no comments.

Upcoming Meetings

                 1.Monday, February 4th  and Tuesday, February  5th @ 9:00 a.m., Regular BOC meeting

                 2.Monday, February 18th @ 9:00 a.m. and Tuesday, February 19th @ 6:30 p.m., Regular BOC meeting

Adjournment

          Commissioner Stamey made the motion to adjourn; Commissioner Mathis seconded.  The motion carried unanimously.

                                                                                       Jason T. Harper, Chairman

 

Shay Mathis, County Clerk