The Henry County
Board of Commissioners held a Public Meeting at 2:00 p.m. on Thursday, February
15, 2007, in the Community Room,
Jason T. Harper, Chairman,
Warren E. Holder, District I Commissioner
Elizabeth (“B.J.”) Mathis, Vice-Chairman, District II Commissioner
Randy Stamey, District III Commissioner
Reid A. Bowman, District IV Commissioner
Johnny B. Basler, District V Commissioner
were Patrick Jaugstetter, County Attorney; Janine Robertson, Deputy County
Clerk; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager;
(NOTE: Audio of
this meeting is available with the
called the meeting to order for the purpose of a presentation of the 2007-2008
Budget of the
(The meeting was moved to the Executive Conference Room and the public was invited to attend)
The meeting was recessed for dinner
Chairman Harper called the regular public meeting for 5:00 p.m. to order and called for an acceptance of the agenda.
Chairman Harper welcomed Boy Scout Troop #60 to the meeting.
Eagle Scout Corey Scott
For His Work at
WHEREAS, the parking space division lines and stop bars at the Heritage Senior Center had become so faded as to be difficult to see, creating a safety hazard for patrons of the Center;
WHEREAS, Corey Scott decided to address this concern by re-striping the parking spaces in three of the parking lots and putting a fresh coat of paint on the handicapped signs and stop lines as his Eagle Scout Project through the Boy Scouts of America;
WHEREAS, the project involved re-striping 1600 feet of parking space lines, re-marking the no parking zone at the entrance to the facility, and re-stenciling five “STOP” bars and four handicap markers;
WHEREAS, Corey was able to secure the assistance of John Soublis, owner of Stockbridge Seal Coating and Parking Lot Striping Co., who donated the striping machines, stencils and paint free of charge;
Corey’s work on this important project saved the County approximately $1,000
while improving the safety of
NOW, THEREFORE, BE IT PROCLAIMED, the Henry County Board of Commissioners wishes to express its appreciation to Corey Scott for his outstanding service to his community through the Boy Scouts of America, and his generous gift of time and labor to re-paint the parking lot of Heritage Senior Center, thus making it safer for the senior citizens of this community as they enter and exit the facility.
A Proclamation in Celebration of Arbor Day 2007
Whereas, in 1872, J. Sterling Morton proposed to the
Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and;
Whereas, Arbor Day is now observed throughout the nation and the world, and;
Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife, and;
Whereas, trees increase property values, enhance the economic vitality of business areas, and beautify our community, and are a source of joy and spiritual renewal;
Now, therefore, be it proclaimed by the
HENRY COUNTY BOARD OF EDUCATION 2007 SERIES BONDS
Mr. A. J. Welch,
Jr. of Smith, Welch & Brittain (Attorney representing the Henry County
Board of Education) stated in 2004 the voters of
Roderick Burch, Henry County Water Authority Representative, stated there is an opportunity to refinance approximately $33 million of the 1996 Revenue Bonds that currently have an interest rate of 5%. The refinance would have an interest rate of 4.307%. The final maturity date of the previous bonds is the year 2026 and the final maturity date on the new bonds would be the same. By refinancing with a reduced interest rate there would be a savings and also a reduction in the debt service payments by approximately $120,000 per year. The request is to allow the Water and Sewerage Authority to refinance the bonds.
Mr. Gordon Mortin, Investment Banker for the Water Authority, stated the presentation is to inform the Board that the Water Authority has considered refinancing the bonds. In order to refinance the bonds there must be a joint resolution by the Board of Commissioners and the Water Authority to authorize issuance of the bonds. The documents will be prepared and brought to the March 5th Commission meeting for consideration and approval. The refunding bonds would be callable on any date; there is no prohibition on redemption on the bonds. There is no action required at this meeting.
Acceptance of a reimbursement from the Georgia Mutual Aid Group
Fire Department requested the Board accept a reimbursement from Georgia Mutual
Aid for personnel that assisted the
WHEREAS, GEORGIA MUTUAL AID GROUP has mailed a reimbursement check in the amount of $2,000.34 to the Henry County Fire Department and;
NOW THEREFORE, BE IT RESOLVED the
Surplus of Automated External Defibrillators
The Police Department’s request is to replace the Automated External Defibrillators (AED’s) which are out-dated and not cost effective for maintenance. The American Heart Association recommended and has approved the use of a biphasic AED. The biphasic AED will be utilized to provide immediate advanced care to a victim until emergency medical assistance arrives on the scene.
Bowman made the motion to approve the request;
WHEREAS, the Henry County Police Department will surplus thirteen (13)monophasic Automated External Defibrillators for the purpose of purchasing thirteen (13) biphasic Automated External Defibrillators (AED’s); AND
WHEREAS, the departmental personnel are aware that these monophasic AED units are not up-gradable and cost ineffective; AND
WHEREAS, the departmental personnel desires to surplus the monophasic AED units for the purpose of purchasing biphasic AED units.
NOW THEREFORE BE IT RESOLVED BY THE HENRY COUNTY BOARD OF COMMISSIONERS THAT the Board hereby endorses the surplus of thirteen (13) monophasic Automated External Defibrillators for the purpose of purchasing thirteen (13) biphasic Automated External Defibrillators.
Surplus/Exchange of Glock Handguns for the Police Department
A request was made to surplus two (2) Glock 40 caliber handguns, model numbers 27 and 23. The handguns are unserviceable and in need of being replaced.
WHEREAS, two (2) Glock 40 caliber handguns model, number 27 and 23, respectively, are unserviceable and are in need of being replaced; and
WHEREAS, the two (2) Glock 40 caliber handguns will be exchanged for new Glock 40 caliber handgun of the same make and model; and
WHEREAS, Ed’s Pawn Shop has agreed to exchange the surplus guns and issue the department new Glock 40 caliber handguns of the same make and model at less than half the original cost and complete the necessary paperwork for ATF;
NOW, THEREFORE BE IT RESOLVED, by the Henry County Board of Commissioners hereby authorizes the surplus of two (2) Glock 40 caliber handguns, model number 27 and 23, respectively and authorizes Ed’s Pawn Shop, in exchange, to replace the handguns with new Glock 40 caliber handguns of the same make and model.
request was made to accept a donation from the
WHEREAS, the Fairview Community Center looks to improve the quality of life and safety in the community, through donating money to support the police department; and
WHEREAS, the Fairview Community Center has graciously donated $10,095, to assist the Henry County Police Department in purchasing equipment, which is needed to help protect and serve the citizens of Henry County; and
WHEREAS, the equipment will provide the safety and efficient means to protect life and property.
NOW THEREFORE BE IT RESOLVED, by
Purchase of Electronic Recording Equipment
A request was made to purchase items to aid the Narcotics Agents in the apprehension and detection of drugs.
Whereas, the Henry County Police Department will purchase from Super Circuit, Inc.: one (1) vehicle mount outdoor PTZ camera, one (1) pan tilt controller, and one (1) 12 volt, 960 hour time lapse VCR for law enforcement purposes; and
Whereas, the department has identified a need for the electronic recording equipment to maintain and improve law enforcement services provided by the Henry County Police Department; and
Whereas, the costs of the equipment is: vehicle mount outdoor PTZ camera is 2,499.95; the pan tilt controller is $299.95; and the 12 volt 960 hour time lapse VCR is 249.95; The total is $3,049.85; and
Whereas, the Board desires to employ certain federal and state narcotics forfeiture account funds to provided the needed electronic recording equipment.
NOW THEREFORE BE IT RESOLVED BY THE HENRY COUNTY BOARD OF COMMISSIONERS THAT the Board hereby endorses the use of $3,049.85 from certain federal and state narcotics forfeiture funds for a vehicle mount outdoor PTZ camera, a pan tilt controller, and 960 hour time lapse VCR for law enforcement purposes. Funds for electronic recording equipment shall be respectively allocated from both the federal and state narcotics forfeiture accounts.
Grant from the Office of Homeland Security and GEMA
Through Homeland Security, funds are provided to local governments to address the preparedness of its CERT program. The request was for authorization to accept the funds.
Whereas, the CERT Program is a vital part of emergency preparedness for
the citizens of
Whereas, the CERT Program is a program that assist one to take care of family and then assist their community; and
Whereas, Office of Homeland Security and Georgia Emergency Management Agency supports local government programs to prepare and train our citizens to respond in emergencies.
Now, Therefore, Be It Resolved, that the
2002 SPLOST Budget
The 2002 SPLOST budget will be increased from $126,500,000 to $133,500,000. There has been an average growth of more the 10% for SPLOST II and by maintaining an average of 3.07% growth per year the increased budget can be met.
Whereas, the citizens of
Whereas, Henry County started collecting the special tax in April 2003 and will continue collecting the Special Purpose Local Option Sales Tax until March of 2008; and
Whereas, the County has exceeded expectations in tax collections and growth rate since the start of collections; and
Whereas, the Staff has recalculated the SPLOST budget and recommends adjusting the total budget up by $7,000,000 to $133,500,000, based on current collections and rate of growth by the County; and
Whereas, seventy (70) percent of the $7,000,000 increase will go toward road projects in the County, with the remaining 30 percent going toward capital projects.
Now, Therefore, Be It Resolved, the Henry County Board of Commissioners authorizes the increase of $7,000,000 to bring the total SPLOST budget to $133,500,000.
Bid Award for Auctioneer Services
A Request for Proposals was issued for auctioneer services and six responses were received.
Bowman made the motion to award the bid to Metro Auction Company;
Harper called for the vote on the motion.
The motion carried 4-0-1 with
Surplus List for Auction
The Board is required to declare all items to be sold at the county auction as surplus items.
Whereas, the Board of Commissioners is required to declare materials as surplus and eligible to be sold at public auction; and,
Whereas, the attached list represents materials and/or equipment that are no longer required by the various County departments.
NOW, THEREFORE, BE IT RESOLVED, the Board of Commissioners of Henry County declares the materials and/or equipment specified on the list (the list in on file in the County Clerk’s Office) as surplus; the surplus materials and/or equipment is to be sold through public auction. The Chairman is hereby authorized to execute all appropriate documentation to accomplish this purchase.
SPLOST/CAPITAL PROJECTS DIVISION
Budget Amendment to Transfer Funds
a new park facility is in construction at
Whereas, Henry County Parks & Recreation has requested funding of $70,000.00 to allow for three baseball fields, playground, fencing, safety mulch, etc. be added to Warren Holder Park; and
funding for this budget amendment is available from
THEREFORE, BE IT RESOLVED the
BUDGET AMENDMENT TO BALANCE SPLOST II TRANSPORTATION PROJECTS
A number of projects are designed and ready for construction. A budget amendment is needed to balance the budget for the projects. In order to provide funding for the projects money would be transferred from four (4) projects that have had no right of way purchased. The remaining monies needed would be funded from contingency.
WHEREAS, the Board wishes to complete a number of transportation projects in SPLOST II; and
WHEREAS, 10 transportation projects are designed and ready for construction. A budget amendment in the amount of $ 11,838,984 is needed to balance the budget for these projects:
Old Conyers @ Flat Rock 1,195,000
Racetrack @ SR81 East 193,200
Nail Road 1,917,630 Luella/Frog Road 1,600,400
Sorrow Road 1,055,615
Crumbley Road Resurfacing 65,000
WHEREAS, in order to provide funding for projects that are ready, monies would be transferred from 4 projects that have had no right of way purchased. The remaining monies needed would be funded from Contingency.
East Atlanta/Mays/Stagecoach 962,227
Keys Ferry @ SR 81 East 660,418
WHEREAS, these 4 transportation projects will be postponed; and
NOW, THEREFORE, BE IT RESOLVED the
Authorization of a Government Use Pole Attachment (Georgia Power)
The agreement is with Georgia
Power Company and will allow the county to attach
Whereas, the County needs access to Georgia Power utility poles to attach fiber optic cable; and
WHEREAS, the use of this fiber optic cable shall be limited to government use only; and
WHEREAS, the Georgia Power pole attachment application fee is $7,650.00 and funding is available as budgeted in unallocated communications account; and
WHEREAS, Georgia Power requires a
Government Use Pole Attachment Agreement to meet the communications needs of
NOW, THEREFORE BE IT RESOLVED that
Legislation Amending the Local Act Creating the
Representative Lunsford introduced Legislation which would allow, by a change in state law, for the governing authorities of the counties to directly appoint the hospital boards. The House Bill cleared the House of Representative’s and is pending in the Senate. If this House Bill becomes a law, the proposed resolution would allow the Legislative Delegation of Henry County to enact the law to affect the Board of Commissioners.
Harper called for the vote. The motion
carried 5-1-0 with Commissioners Basler, Bowman, Stamey, Mathis and Chairman
Harper voting in favor and
WHEREAS, members of the
the Board of Commissioners to submit a list of three eligible candidates to fill any vacancy on the Authority. The Authority then selects one of the three nominees to fill the vacany; and
WHEREAS, the Board of Commissioners of Henry County is the governing authority of Henry County and, in that capacity, is ultimately responsible to the citizens of Henry County for the sound, effective and efficient operation of all governmental operations within the County and for the proper use of public funds; and
WHEREAS, the Board of Commissioners has determined that it is in the best interest of the citizens of Henry County that the Board of Commissioners have greater control over the appointment of members of the Hospital Authority and that the members of the Hospital Authority be subject to greater public accountability; and
WHEREAS, the Board of Commissioners has determined that providing for direct appointment of the members of the Hospital Authority by the Board of Commissioners will accomplish these goals of greater control and accountability; and
WHEREAS, the Board of Commissioners desires that a legislative
action by the General Assembly of the State of
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of
PUBLIC WORKS DIVISION
Acceptance of FTA 5307 Funding and Project Priority List
After research of the uses of the FTA 5307 Funding it was discovered the funds could be used for projects other than a transit study. The request is to use the funds for several projects. A list of the projects must be provided to the ARC for approval no later than February 23, 2007. Upon approval of the project list, an amendment to the current TIP will be made to remove the Transit Feasibility Study and replace it with the proposed projects. The county currently has a carry over balance of 5307 funds totaling $899,296 in addition to the FY 2007-2010 fund allocation. The Transit Department has prepared a project list, with estimated cost.
The project list once approved will be forwarded to the Atlanta Regional Commission. The projects are as follows:
TRANSIT FACILITY CONSTRUCTION/ENHANCEMENTS (FY 2006 CARRYOVER BALANCE)
MAINTENANCE EQUIPMENT (FY 2006 CARRYOVER BALANCE)
CAPITAL SUPPORT EQUIPMENT (FY 2006 CARRYOVER BALANCE)
TRANSIT VEHICLE PURCHASES (FY 2007 FUND ALLICATION ONLY)
The FY 2006 carryover balance will cover the projects listed above under the subcategories: Transit Facility Construction/Enhancement, Maintenance Equipment and Capital Support Equipment, which totals $862,300.
Upon approval by the Board, approximately $750,000 will be available during fiscal years 2008, 2009 and 2010 that the county may allocate to GRTA for the Xpress Bus Service.
Commissioner Holder made the motion to approve the request; Commissioner Bowman seconded. The motion carried unanimously approving the following resolution:
WHEREAS, through the new SAFETEA-LU legislation, Congress established a
new funding category called 5340
WHEREAS, the Henry County Transit Department has identified a project priority list (a detailed project cost list is included within the Executive Summary) that will support the department’s function to provide safe, reliable, accessible, and affordable transportation to the citizens of Henry County; and
WHEREAS, the Atlanta Regional Commission has requested that Henry County provide a list of projects, studies and programs to be utilized within fiscal years 2007-2011 5307 fund allocation for the FY 2006-2011 Transportation Improvement Program (TIP).
WHEREAS, there is currently a carry over balance of 5307 funds for Henry County from FY 2006 totaling $899,296, in addition to the allocations listed in the table below; and
WHEREAS, the funding allocations can be used for a wide range of capital assistance activities, most notably vehicle-related equipment purchases at a Federal share of 90 percent; and
WHEREAS, Henry County has committed to allocating a portion of the funds, approximately $750,000, to GRTA for the GRTA Xpress Bus Service during Fiscal Years 2008, 2009 and 2010.
WHEREAS, with the approval of this resolution, a project priority list will be forwarded to ARC. In addition, in the ARC’s FY 2006-2011 TIP/2030 RTP this funding will be listed as “funds for vehicle related equipment.”
NOW, THEREFORE BE IT RESOLVED that the
PLANNING & DEVELOPMENT DIVISION
Bid Award to Provide Web Hosting Services
Commissioner Stamey made the motion to approve the agreement; Commissioner Basler seconded. The motion carried unanimously approving the following resolution:
WHEREAS, Henry County desires to provide its citizens with the highest level of service possible and make available public information which is readily accessible and user friendly; and
WHEREAS, Henry County staff has solicited quotes from three companies which provide the scope of web hosting services which Henry County seeks at this time; and
WHEREAS, the company, Q-Public responded to our request with the lowest, responsive bid; and
WHEREAS, Henry County staff has met with the representative from Q-Public and are comfortable with the product and services provided by Q-Public and recommend entering into a 1 (one) year contract with Q-Public to provide web hosting services for an annual cost of $12,100; and
WHEREAS, funding for this service was set aside and is available in the Planning and Zoning Department budget.
NOW, THEREFORE BE IT RESOLVED the Henry County Board of Commissioners approves the request and authorizes the Chairman to sign an agreement with Q-Public to provide web hosting services to Henry County for 1 (one) year.
The applicants requesting streetlights have applied and met the requirements for the creation of streetlight districts.
Commissioner Stamey made the motion to approve the streetlight requests; Commissioner Mathis seconded. The motion carried unanimously approving the following resolution:
WHEREAS, the owners of the following subdivisions have applied for the creation of streetlight districts:
· Grants Mill, 13 lights, 43 lots, Snapping Shoals EMC, District 5
· Noorwood, 19 lights, 50 lots, Snapping Shoals EMC, District 5
· St. Laurent, 11 lights, 37 lots, Snapping Shoals EMC, District 5
The Links at
· Sorolla Estates, 15 lights, 88 lots, Georgia Power, District 3
WHEREAS, this resolution amends the portion of Resolution No. 06-96 dealing with Villages at Hampton, Phase II, which was signed on April 4, 2006 in order to adjust the number of lots and price of the streetlights; and
WHEREAS, all County and State requirements for a public hearing have been met; and
WHEREAS, the Development Plan Review Staff for Henry County has reviewed the requests and submitted reports that are part of the public record; and
WHEREAS, the Development Plan Review Staff have reviewed and recommended approval of the requests; and
NOW, THEREFORE, BE IT RESOLVED
THAT the Board of Commissioners of
Mathis 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
Chairman Harper reconvened the meeting.
D & B Development, INC – RZ-06-55
D & B Development, Inc. of Roswell, GA requests a rezoning from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for property located at 4280 Highway 81 East. The property is located in Land Lot 147 of the 8th District, consisting of 71.44 +/- acres. The request is for the development of a single-family residential subdivision. The Zoning Advisory Board recommended approval on November 30, 2006 with fourteen (14) conditions.
The applicant’s request is to rezone the subject property for an R-2 subdivision consisting of approximately sixty-eight (68) lots on septic. The proposed net density is 1.06 dwelling units per acre. The Future Land Use Map designates the property for residential and agriculture land uses with up to 1.0 dwelling units per acre. Based on a site visit, the development is consistent with the character of the surrounding area. The properties to the north, south, east and west are currently zoned RA (Residential Agricultural). The site plan depicts two parcels related to the rezoning request.
Commissioner Mathis asked staff if the subject property was located within any type of watershed. Staff stated it is not.
William Hole represented D & B
Development for the proposed rezoning request.
Mr. Hole stated after meeting with the Zoning Advisory Board there was
one issue regarding the net density.
After meeting with Commissioner Holder the applicant agreed to the
requested net density. The applicant
agreed to dedicate the necessary right of way for the alignment of
Chairman Harper called for public comments for anyone wishing to speak in opposition to the request; there was no response.
Commissioner Holder made the motion to approve the rezoning request with fourteen (14) conditions; Commissioner Stamey seconded. The motion carried unanimously approving the following conditions:
1. All houses shall be built on site; no modular or manufactured homes shall be permitted. All houses shall have a minimum of 2,000 square feet of heated floor space.
2. Each house shall have at a minimum, a two-car garage.
3. Uniform mailboxes throughout the development shall be required.
4. There shall be a mandatory Homeowner’s Association.
5. There shall be a twenty foot (20’) wide planted and landscaped buffer to serve as a visual screen between Highway 81 and the lots abutting the right-of-way of Highway 81. If the existing vegetation is inadequate, as determined by Development Plan Review, the following number of plant materials shall be required to be planted for each fifty linear feet (50’), or portion thereof, of the required property buffers:
a. One canopy tree
b. One evergreen tree
c. One understory tree
d. Five shrubs
6. All entrances shall have a deceleration
lane/acceleration taper, which shall be constructed to
7. All yards shall be sodded to the rear drip line.
8. Sidewalks shall be required on both sides of interior streets within the development.
9. Underground utilities and streetlights shall be required.
10. The applicant should coordinate with
11. The net density shall not exceed 1.0 dwelling unit per acre.
12. The developer shall coordinate with Henry
County Department of Transportation to preserve the right-of-way for
13. All houses shall be constructed of brick, stone, stucco, cement fiberboard or any combination thereof. Vinyl shall only be used for soffits, eaves, and fascia.
14. 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.
Southern Lumber II, LLC – RZ-06-56
Southern Lumber II, LLC of Stockbridge,, GA requests a rezoning from R-2 (Single-Family Residence) and R-3 (Single-Family Residence) to R-3 (Single-Family Residence) for property located on the south side of Amah Lee Road, west of West Main Street. The property is located in Land Lot 23l of the 6th District, consisting of 41.03 +/- acres. The request is for the development of a single-family residential subdivision. The Zoning Advisory Board recommended denial on November 30, 2006. This item was tabled by the Board of Commissioners on January 16, 2007.
October 11, 2005, the City of
Nick Griffiths, Southern Engineering,
represented the applicant. Mr. Griffiths
stated the applicant is willing to do some right of way improvements along
Commissioner Bowman asked if the applicant was going to donate property to the county for a park. Mr. Griffiths confirmed that property would be donated. Staff stated the site plan indicates approximately 7.58 +/- acres will be donated.
Chairman Harper called for public comments from anyone wishing to speak in opposition to the request. Speaking in opposition was:
Mr. Griffiths stated the applicant is in agreement with the proposed seventeen (17) conditions.
Staff stated regarding the open space area, it will be 10% of the gross area outside of the 7.58 +/- acres that will be donated. The 7.58 +/- acres is not included in the open space area.
Commissioner Basler asked the applicant what the price range would be for the homes within the development. Mr. Griffiths stated approximately $180,000 and up.
Staff recommended that condition #5 be amended to read “All sides of the houses shall be constructed of brick, stone or any combination thereof. Cement fiberboard shall only be used for front elevation accents, dormers and gables. Vinyl shall only be used for the fascia, eaves and soffits”.
Mr. Griffiths stated he agreed with the amendment.
Commissioner Mathis stated
she is very sympathetic to Mr. Nealis who lives across the street from the
development. Unfortunately the county
has a number of properties that were rezoned 8 to 12 years ago. The zoning is on the property and the
property owners have a right to develop the property with the conditions. The Board tries to take the zoned property
and work to make a better product.
Currently the applicant has the right to develop the property and build
104 houses without coming before the Board. By coming to the Board and working
together, better quality houses can be built and there will be conditions on
the property, that currently do not exists.
The applicant could build 1,200 square foot all vinyl homes, but by
asking for a modification the Board can take the homes to a higher level and
get a better quality home, get additional park land for the
Commissioner Mathis made the motion to approve the request for rezoning with seventeen (17) conditions with the amendment to condition #5 (“All sides of the houses shall be constructed of brick, stone or any combination thereof. Cement fiberboard shall only be used for front elevation accents, dormers and gables. Vinyl shall only be used for the fascia, eaves and soffits”); Commissioner Bowman seconded the motion carried unanimously. The following are the approved conditions:
Royce Grant – AP-06-29
Royce Grant of
The applicant is requesting a total of four (4) variances:
1. Reduction of the minimum lot size from 12,000 square feet to 7,500 square feet;
2. Reduction in the front yard setback from 40’ to 25’;
3. Reduction in the rear yard setback from 40’ to 20’;
4. Develop and R-3 subdivision on a lot greater than 20 acres in size.
Nick Griffiths, represented the applicant.
Chairman Harper called for public comments from anyone wishing to speak in opposition to the request: Speaking in opposition was:
Commissioner Mathis made the motion to approve the variance requests; Commissioner Bowman seconded. The motion carried unanimously approving the following resolution:
WHEREAS, Royce Grant of McDonough, Georgia, applied for a variance (VR-06-06) for development standards in the R-3 zoning district for property located on the south side of Amah Lee Road, west of West Main Street (Parcel ID Number 021-01-002-000), in Land Lot 231 of the 6th District, consisting of 41.03+/- 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 Zoning Advisory Board reviewed and denied the request for a variance on November 30, 2006.
NOW THEREFORE, BE IT RESOLVED THAT the
Jeff Carreker – RZ-06-64
Jeff Carreker of
Stockbridge, GA requests a rezoning from RA (Residential-Agricultural) to R-2
(Single Family Residence) for property located on the west side of
The Future Land Use Map designates the subject property for Residential and Agricultural land uses at up to 1.0 dwelling units per acre. The concept plan, submitted by the applicant, depicts 106 lots with a minimum lot size of 30,000 square feet for a net density of .95 dwelling units per acre. In addition the applicant proposed 16.5 acres for open space. Within the open space, walking trails are proposed. The net density is consistent with the Future Land Use Map; the Comprehensive Land Use Plan does call for RA land uses. There has been a transition in the area from Residential and Agricultural uses to Low Density Residential land uses.
Jeff Carreker, Carreker Development
Company, represented the applicant. Mr.
Carreker presented photos of R-2 Subdivisions that were developed by the
applicant. The major issue with staff
was the development being on a local road.
After research, Mr. Carreker stated
Commissioner Basler asked if there will be a cut through road within the development. As shown it appears to be one way in and one way out. Mr. Carreker stated currently the site plan shows one way in and one way out, but his staff is working on some type of interconnectivity and would not object to this request being a condition.
Chairman Harper called for public comments from anyone wishing to speak in opposition to the request. Speaking in opposition to the request:
Commissioner Stamey asked staff what is an R-1A zoning district. Staff stated the R-1A zoning district is an old zoning that no longer exist. Commissioner Stamey stated it appears the lot size for an R-1A is 30,000 square feet. Staff confirmed that was correct.
Commissioner Stamey asked staff if an R-1 zoning can be located on a local road without a variance. Staff stated there can be an R-1 zoning on a local road without a variance.
Commissioner Mathis asked the advantage to having an R-2 zoning over an R-1 zoning in this case. Staff stated the 30,000 minimum lot size and the lot width goes from 150 to 125.
Jeff Carreker stated the reason for the request is that with the 125’ lot size, less area will be disturbed. The less area that is disturbed, the less the runoff will be. If the development is zoned R-1 with one (1) acre lots, there will be no area for the greenspace.
Commissioner Holder asked the applicant if there were two entrances into the subdivision. Mr. Carreker confirmed there are two. Commissioner Holder asked if there were indications of having a connecting road between the two entrances. Mr. Carreker confirmed he would agree to this request.
Commissioner Holder made the motion to approve the rezoning request with the proposed eight (8) conditions and adding condition #9 to read “A connection shall be required between the two entrances to the subdivision. The exact location will be determined after an engineering study is done and it will be approved by the Planning and Zoning Staff”; Commissioner Bowman seconded. The motion carried 3-2 with Commissioners Holder, Basler and Bowmen in favor and Commissioners Mathis and Stamey opposed. The following are the approved conditions:
Entrance(s) shall be located such that the minimum
intersection sight distance is met per the posted speed limit of
2. Entrance(s) shall have a deceleration lane/acceleration taper, to be designed and constructed to Henry County Department of Transportation standards.
3. Streetlights and underground utilities shall be required.
4. Sidewalks shall be installed on both sides of interior streets.
5. The net density of the development shall not exceed 1.0 dwelling unit per acre.
6. All homes shall have a minimum of 2,000 square feet of heated space.
7. Homes shall be constructed of three sides brick with the remaining side constructed of cement fiberboard; or shall be constructed on all sides with a combination of a minimum of two of the following materials: brick, stone, stucco, and/or cement fiberboard. Vinyl shall only be used for the soffits and fascia.
8. Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.
9. A connection shall be required between the two entrances to the subdivision. The exact location will be determined after an engineering study is done and it will be approved by the Planning and Zoning Staff.
Jeff Carreker – AP-07-01
Jeff Carreker of
Stockbridge, GA requested a variance for property located on the west side of
The applicant was denied a variance request to locate an R-2 subdivision on a local road.
Mr. Jeff Carreker represented the applicant.
Chairman Harper called for public comments from anyone wishing to speak in opposition to the request; there was no response.
Commissioner Holder made the motion to overturn the denial by the Zoning Advisory Board and approve the variance request; Commissioner Bowman seconded. The motion 3-2-0 with Commissioners Holder, Basler and Bowman in favor and Commissioners Mathis and Stamey opposed.
Commissioner Holder asked staff if the subject property in the this rezoning was zoned from RA to R-1, agricultural uses would not be permitted. How could this be?
Commissioner Holder stated regarding the stormwater issues, Henry County DOT needs to look at the cross drains and pipes at the entrances to Cody Road and McCart Road. Maintenance might be needed on those entrances.
Commissioner Holder asked
when will the roads within the county be reclassified, especially
Staff stated a draft copy of the Comprehensive Transportation Plan is currently being reviewed. Currently there are approximately twenty (20) or thirty (30) roads in the county that are not classified correctly. This will be addressed.
Implementation of a Youth Driver Education Program and gang Program and Gang Resistance Education & Training Program
Commissioner Holder made the motion to approve the request; Commissioner Mathis seconded. The motion carried unanimously approving the following resolution:
Whereas, the State of Georgia has adopted “Joshua’s Law,” mandating that teen drives must complete a driver education course and 40 hours of supervised driving to receive their driver’s license; and
Whereas, the Henry County Juvenile Court’s Juvenile Assistance program wishes to assist youth and parents by providing a driver’s education course; and
Whereas, The Juvenile Assistance program also wishes to assist youth in Henry County in staying away from gangs by teaching the Gang Resistance Education and Training (GREAT) program; and
Whereas, both programs can be taught by the Juvenile Assistance Program.
Now, Therefore, Be It Resolved, the Henry County Board of Commissioners approved the implementation of the Youth Driver’s Education Program and the Gang Resistance Education and Training program approves the staffing of both programs with one Sheriff’s Deputy to assist in implementing the programs, and approves all budget amendments or transfers necessary for proper accounting of this resolution.
Melissa Malcolm, Meadows & Massy (Attorney for the Hospital Authority), spoke regarding the Local Legislation Amending the Local Act Creating the Henry County Hospital Authority.
(Commissioner Bowman left the meeting during the public comments)
1. Monday, February 19, 2007 @ 9:00 a.m. and Tuesday, February 20, 2007 @ 6:30 p.m., regular BOC meetings have been cancelled.
2. Monday, March 5th, @ 9:00 a.m. and Tuesday, March 6th,@ 9:00 a.m., Regular BOC meetings
3. Monday, March 19th @ 9:00 a.m. and Tuesday, March 20th @ 6:30 p.m., Regular BOC meetings
Commissioner Mathis made the motion to adjourn; Commissioner Basler seconded. The motion carried unanimously. (Commissioner Bowman was not present for the vote)