STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Public Meeting at 6:30 p.m. on Tuesday, March 18, 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; Mike Bush, Finance Director; Michael Harris, Planning & Zoning Services Division Director; Jim Luebbering, Building and Development 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:

Appeal to a decision to deny a Conditional Use request by the Zoning Advisory Board

·        Olga Muriel of McDonough, GA; AP-08-01

Olga Muriel of McDonough, GA requested a conditional use for property located at 204 Flower Lane in Land Lot 149 of the 7th District.  The property consists of 0.720 +/- acres, and the request is for a detached guest quarters in an R-2 (Single-Family Residence) zoning district.  The request was denied by the Zoning Advisory Board on February 7, 2008.  The applicant filed an appeal with the Henry County Planning and Zoning Department on February 13, 2008.

Appeal to a decision to deny a Variance request by the Zoning Advisory Board

·        Olga Muriel of McDonough, GA:  AP-08-02

Olga Muriel of McDonough, GA requested a variance for property located at 204 Flower Lane in Land Lot 149 of the 7th District.  The property consists of 0.720 +/- acres, and the request is to increase the allowable square footage and the height for a detached guest quarters in an R-2 (Single-Family Residence) zoning district.  The request was denied by the Zoning Advisory Board on February 7, 2008.  The applicant filed an appeal with the Henry County Planning and Zoning Department on February 13, 2008.

Chairman Harper called for acceptance of the agenda.  Commissioner Mathis made the motion to approve the agenda; Commissioner Stamey seconded.  The motion carried unanimously.

Proclamations

          The Board presented the following proclamations:

In Appreciation of Aaron Head

On His Retirement

WHEREAS, Aaron Head, who began his career with the Henry County Department of Transportation, is retiring after 31 years of dedicated service to the citizens and administration of Henry County; and

WHEREAS, Aaron, a lifelong resident of Henry County, has served within the transportation system, which is critical to our citizens’ everyday lives; and

          WHEREAS, Aaron often worked behind the scenes, performing valuable and vital services that were of benefit to the county’s transportation system; and

          WHEREAS, Aaron is starting a well-deserved retirement and the Henry County Board of Commissioners wishes to show their appreciation.

          NOW, THEREFORE, BE IT PROCLAIMED, the Henry County Board of Commissioners, expresses appreciation to Aaron Head for his dedication and thanks him on behalf of the public for providing a high degree of service to the community and its citizens.

          BE IT FURTHER PROCLAIMED the Henry County Board of Commissioners wishes Aaron much happiness and continued good health in the days ahead.

Honoring the Henry Hurricanes

WHEREAS, the Henry Hurricanes is a sports team made up of students in the Henry County School system with a physical impairment that prevents them from playing on other school teams; and

WHEREAS, the team was made possible by an inception grant from the American Association of Adapted Sports Programs in Georgia (AAASP) in partnership with the Henry County YMCA, Henry County Public Schools and Henry County Parks & Recreation; and

WHEREAS, the Henry Hurricanes play wheelchair basketball, football and a form of soccer called handball; and

          WHEREAS, in their very first year, the Henry Hurricanes basketball team enjoyed a 6-0 season, culminating in the winning of the AAASP State Championship game on Saturday, March 1, 2008 in Augusta with a nail-biting score of 9-8;

NOW, THEREFORE, BE IT PROCLAIMED that the Henry County Board of Commissioners wishes to congratulate the Henry Hurricanes for winning the 2008 Junior Varsity Wheelchair Basketball State Championship and express its pride and appreciation to the team for representing Henry County so successfully through your extraordinary example of determination, sportsmanship and teamwork.

Honoring the Henry County

 4-H Cloverleaf DPA Winners

          WHEREAS, On January 29, 2008, Henry County 4-H held its annual Cloverleaf County Project Achievement competition, with 91 Fifth and Sixth grade students participating; and

          WHEREAS, Each 4-H’er selected from over 50 project areas such as Air Science,  Computers, Entomology, Cat Care, Dog Care, Safety, Sports, Performing Arts, Photography, Veterinary Science and Wildlife, and gave a five minute speech on his or her project area, using posters and other visual aids; and

          WHEREAS, 57 4-H’ers who placed first, second or third at the County Competition moved on to the District Project Achievement Competition at Rock Eagle on February 9, 2008, where 22 of Henry County’s 4-H’ers were first place winners; and

          WHEREAS, 10 4-H’ers participated in Junior/Senior District Project Achievement held March 7-9, 2008, where Henry County had three first place winners; and

          WHEREAS, Henry County 4-H was also honored at Cloverleaf District Project Achievement for Highest Number of Participants;

          NOW THEREFORE BE IT PROCLAIMED that the Henry County Board of Commissioners congratulates the First Place Winners on their success. First Place Winners at the Cloverleaf DPA are Kayla Bailey, Hannah Brown, Cailey Chapman, Jasmine Clark, Ashley Davis, Jordan Green, Erin Hardin, Landon Harper, Katie Hickey, Molly Herring, AnnaKate Jackson, Jayla Land, Jiannie Lavender, Austin Miller, Devyn Mode, Matthew Ramsey, Kevin Strohschein, Breck Small, Hailey Spitler, Eric Trautman, Emily Willingham, and Gabriel Waddell .  Junior/Senior DPA first place winners are, Franklin Duke in Performing Arts- General,Josh Paine in Dairy Foods,  and Grace Whipple in Public Speaking.

Abandonment of a portion of a public road known as Nail Road

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  The request was to abandon a section of Nail Road that is considered the old roadbed.  Farris Copeland Limited Partnership made the request to abandon.  Research was done and the applicant provided a title search that states the county does not have deeded right of way but does have a prescriptive easement.  The request is to abandon a portion of the road as a public roadway.

          Commissioner Mathis recommended that staff confirm that the applicant does not have any association with the portion of Nail Road that has not been completed. 

          Commissioner Mathis made the motion to postpone the abandonment of Nail Road; Commissioner Holder seconded.

          Chairman Harper called for public comments from anyone wishing to speak regarding the agenda item; there were no comments.

          The motion carried unanimously.

Abandonment of a portion of a public road known as Trestle Road

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  The request was to abandon a portion of Trestle Road that has not been used in approximately five (5) years.  Tract 1 of the road being abandon will be abandoned and declared surplus so that it can be offered to the adjoining property owners at fair market value.  The county has deeded right of way for tract 1.

          Tract 2 of the road being abandon to the Spaulding County line, the county does not have deeded right of way and the request is to just abandon that portion of a public road.

          Chairman Harper called for public comments from anyone wishing to speak regarding the agenda item; there were no comments.

          Commissioner Holder made a motion to approve the request to abandon a portion of a public road known as Trestle Road; Commissioner Bowman.  The motion carried unanimously approving the following resolution:

WHEREAS, Cole Tract Associates, LP,  has filed with the Board of Commissioners of Henry County, a Petition for Partial Abandonment of a portion of a public road known as Trestle Road, located in Land Lots 176 of the 2nd District of Henry County, Georgia; and 

WHEREAS, that portion of said road sought to be abandoned is shown on a plat which is attached to the said Petition, marked Exhibits “A” and Exhibit “B” and shown as Tract 1, containing 0.283 acres; and tract 2, containing 2.042 acres; and

WHEREAS, after due considerations, it appears that the property sought to be abandoned is no longer needed for public road purposes because of changed conditions and because it has ceased to be used by the public to the extent that no substantial public purpose is served by it, and it further appears to be in the best interest of all concerned as well as in the best interest of the public and Henry County, Georgia, to abandon and declare surplus that portion of Trestle Road  marked as Exhibit “A” and shown as Tract 1, containing 0.283 acres and tract 2 shown in Exhibit “A” and Exhibit “B” containing 2.042 acres be abandoned ;

NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, at its public meeting duly assembled, that a portion of Trestle Road, marked as Exhibit “A” and shown as Tract 1, containing 0.283 acres ought to be abandoned and declared surplus by the aforesaid Petitioners and Tract 2 as shown in Exhibits “A” and Exhibit “B” containing 2.042 acres be abandoned;

Appeal of a decision to deny a Conditional Use request by the Zoning Advisory Board – Old Conyers, LLC of Stockbridge, GA – AP-08-03

Jeremy Gilbert, Planner I, presented the agenda item to the Board.  Old Conyers, LLC of Stockbridge, GA requested a conditional use for property located on the south side of Old Conyers Road at Flat Shoals Church Road in Land Lot 127 of the 11th District.  The property consists of 137.42 +/- acres, and the request was for a conservation subdivision. The request was denied by the Zoning Advisory Board on February 7, 2008. The applicant filed an appeal with the Henry County Planning and Zoning Department on February 18, 2008.

The subject property was zoned from RA (Residential-Agricultural) to R-2 (Single-Family Residential) on November 21, 2006 with sixteen (16) conditions.  The applicant’s request for a Conditional Use is to allow for a Conservation Subdivision on 137.42 +/- acres of the 207.83 +/- acres that was rezoned.  Conservation Subdivisions are intended to provide for the preservation of greenspace and for the natural environment.  The applicant provided a maximum yield plan that depicts 194 lots.  The applicant also provided a revised conceptual site plan for a conservation subdivision that depicts 190 lots with 50.51 +/- acres of open space.  The applicant has met the required 40% of open space for a conservation subdivision. 

Commissioner Mathis asked if all requirements for a Conservation Subdivision were being met.  Mr. Gilbert stated the applicant has met all the requirements of the Conservation Subdivision Ordinance.

Jeff Grant represented the applicant.  Mr. Grant stated the proposal is for a decrease in the number of lots but there will be a 100’ buffer and a twenty acre site that the applicant is willing to donated to the county. 

Commissioner Stamey asked if the 100’ buffer would be controlled by the Homeowners Association.  Mr. Grant stated typically the homeowners would control the area. 

Chairman Harper called for public comments form anyone wishing to speak regarding the request.  Those speaking in opposition were Fred Haney, Cheryl Ricks, C L Daniel and George Haney.

          Mr. Grant stated there was a section of land that is not owned by either adjoining property owners.  If there is a concern, Mr. Grant stated he would quit claim deed it to the adjoining residents.

          Walking trails will be within the development and will connect both phases.  They will be maintained by the Homeowners Association. 

          Commissioner Basler asked if the applicant would be in agreement to assist with the site distance requirement.  Mr. Grant stated he assumed it was the applicant’s responsibility anyway.

          Commissioner Basler made the motion to approve the conditional use request with the seven (7) conditions recommended by staff; Commissioner Holder seconded.  The motion carried unanimously approving the following conditions:

1.     The applicant shall donate to Henry County the twenty (20) acre tract shown on the site plan, dated January 8, 2007, prepared by Southern Engineering, LLC for the project named Hinton Property.

2.     This Conditional Use is contingent upon Modification MC-07-12 being approved by the Board of Commissioners.

3.     All requirements of the Conservation Subdivision/Open Space Development Ordinance shall be met.

4.     All yards, front, side, and rear, shall be sodded, except those natural areas not disturbed by development.

5.     The total number of lots shall not exceed 190.

6.     A walking trail shall be provided throughout the open space area of the development and be connected to the property directly to the west, as illustrated on the site plan, dated January 8, 2007, prepared by Southern Engineering LLC.

7.     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.

Modification to a Zoning Condition – Old Conyers, LLC of Stockbridge, GA – MC-07-12

Jeremy Gilbert, Planner I, presented the agenda item to the Board.  Old Conyers, LLC of Stockbridge, GA requested a modification to zoning conditions for property located on the south side of Old Conyers Road at Flat Shoals Church Road. The property is located in Land Lot 127 of the 11th District, consisting of 207.83 +/- acres. The request was to modify a zoning condition regarding lot size.  The Zoning Advisory Board recommended denial on February 7, 2008.

          The applicant would like for condition #10 (There shall be average of 22,000 square feet in lot sizes with a minimum of 18,000 square feet) of the original rezoning removed in its entirety.  The subject property was rezoned from RA (Residential Agricultural) to R-2 (Single-Family Residence) with sixteen conditions.  The applicant’s request for a modification is to allow them to construct a traditional subdivision for Phase 1 with a minimum lot size of 18,000 square feet and an average lot size 20,350 square feet and a conservation subdivision on Phase 2 with a minimum lot size 10,890 square feet. 

          Commissioner Mathis asked staff if the request was to take the average lot size of 22,000 square feet down to an average of 18,000 square feet.  Mr. Gilbert stated the applicant’s request is to remove the condition to allow what the Ordinances states for a conservation subdivision.  Per the applicant’s plan there is an average on one side of 20,350 square feet. The average of 22,000 square feet (on the side that just previously received the conditional use) where the larger lots were, has not been changed from the original zoning.  The request is to remove condition #10 to allow for a conservation subdivision.

          Commissioner Mathis stated in changing the condition that applied to the entire tract and by modifying a condition to allow for a conservation subdivision (where four lots were lost), how many additional lots will that allow on the tract to the west.  Mr. Gilbert stated it would not allow any additional lots. 

          Commissioner Basler stated the request would give the applicant the option of going to 18,000 square foot lots.  Mr. Gilbert stated the applicant currently has 18,000 square foot lots but condition #10 states there could be a minimum of 18,000 square feet with an average of 22,000 square feet.  In removing condition #10 the applicant will remain at an 18,000 square feet minimum with no average.  According to the site plan the average lot size is 20, 350. 

          Nick Griffiths represented the applicant.  Regarding Phase 1 of the project, nothing has changed; the plan has gone through the Development Plan Review process and is awaiting approval from the Henry County Water Authority. 

          Mr. Gilbert stated there was an error in the original zoning and this modification would correct the error by placing the 2,800 square foot homes in Phase 1 and the 2,500 square foot homes in Phase 2.

          Mr. Gilbert stated the original condition #13 stated “the houses would consist of three (3) sides’ brick, stone, or any combination thereof and the rear of the homes shall be constructed of cement fiberboard, brick, stone or any combination thereof.”  The request is to modify the condition to state “the front façade of each home shall consist of a mixture (two or more) of any of the following materials: brick, stone (including manufactured stone), stucco, cement fiberboard plank, cement fiberboard and batten, cement fiberboard shake-shingle, or cedar shake-shingle.  The remaining sides of the houses shall consist of brick.”  The remaining sides would remain brick and this would allow the builder to have flexibility to have a more craftsman style home on the front elevation.

           Chairman Harper called for public comments from anyone wishing to speak regarding the agenda item.  Those speaking in opposition for clarification purposes were Fred Haney.

          It was recommended that a condition be added that the lot count for Phase 1 should not exceed 126 lots.

          Commissioner Basler made the motion to approve the modification with the conditions submitted by staff and adding a condition (#17) to read “The lot count for Phase 1 should not exceed 126 lots”; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves this modification of a zoning condition request to remove condition number 10 in its entirety and to modify conditions number 6 and 13 and to add condition number 17 to read as follows:

                       6.      Sidewalks shall be required on both sides of the interior streets within the development and along the frontage of the development on Old Conyers Road.

                  13.      The minimum house size shall be 2,500 square feet of heated floor space on the eastern side of the proposed development and 2,800 square feet of heated floor space on the western side of the proposed development. The front façade of each home shall consist of a mixture (two or more) of any of the following materials: brick, stone (including manufactured stone), stucco, cement fiberboard plank, cement fiberboard board and batten, cement fiberboard shake-shingle, or cedar shake-shingle. The remaining sides of the houses shall consist of brick. Vinyl shall be used only for soffits, eaves, cornices, dormers and window shutters.

                  17.      The lot count for Phase 1 should not exceed 126 lots.

Modification to a Zoning Condition - DR Horton, Inc. of Atlanta – MC-07-11

Stacey Jordan, Chief Planner, presented the agenda item to the Board.  DR Horton, Inc. of Atlanta, GA requested a modification to zoning conditions for property located on the south side of Farris Drive, known as Phase 1 – Farris Park Subdivision. The property is located in Land Lots 222, 223, 226 & 227 of the 7th District, consisting of 52.3+/- acres. The request was to modify zoning conditions regarding building materials, walking trails, and sodded yards.  The Zoning Advisory Board recommended approval on February 7, 2008.

The property was rezoned from RA (Residential Agricultural) to R-2 (Single-Family Residential) on November 15, 2004 with eleven (11) conditions.  The applicants request is to modify conditions number 3, 8 and 10 which currently reads:

3.     All Homes shall have a minimum of 2,000 square feet of heated floor space with three sides consisting of brick, stone, or any combination thereof; and the remaining side shall consist of masonary or hardi-plank.  Vinyl shall only be used for soffits, eaves, cornices and dormers.

8.     A walking trail shall be provided throughout the open space area.  The walking trail will be lit.  There shall be sidewalks on both sides of the roads throughout the development.

10. All yards shall be fully sodded, all four sides.

          The request for modification is to allow for a greater variety of building materials, to remove the requirement for lights along the walking trail and remove the requirement for a fully sodded yard.  The Zoning Advisory Board recommended approval with modifications of the conditions to read:

                                   3.      All homes shall have a minimum of 2,000 square feet of heated floor space.  The front façade of each home shall consist of a mixture (two or more) of any of the following materials:  brick, stone (including manufactured stone), stucco, cement fiberboard plank, cement fiberboard shake-shingle or cedar shake-shingle.  The remaining sides shall consist of two or more of the aforementioned materials.  Vinyl shall be used only for soffits, eves, cornices, dormers and window shutters.

8.     A walking trail shall be provided throughout the open space area. There shall be sidewalks on both sides of the roads throughout the development.

10. All yards front, rear and side shall be sodded, where disturbed.

            The applicant has stated they are in agreement with the conditions with the exception of condition #3.  The applicant’s request is for condition #3 to read as follows:

                                   3.      All homes shall have a minimum of 2,000 square feet of heated floor space.  The front façade of each home shall consist of a mixture (two or more) of any of the following materials:  brick, stone (including manufactured stone), stucco, cement fiberboard plank, cement fiberboard board and batten, cement fiberboard shake-shingle or cedar shake-shingle.  With the exception of a house fully clad in brick, the remaining sides of the homes shall consist of two or more of the aforementioned materials, one of which may serve as an accent.  Vinyl shall be used only for soffits, eves, cornices, dormers and window shutters.

          Andy Welch, Attorney with Smith, Welch and Brittian, represented the applicant. 

          Chairman Harper called for public comments from anyone wishing to speak regarding the agenda item; there was no response.

          Commissioner Bowman asked for clarification of the applicant’s request for condition #3.  Mr. Welch stated the requested condition would allow the front of the home to be a mixture of requested materials and on the other sides, there could be hardi-plank but there would have to be an accent on all the sides.  Mr. Welch presented photographs of the area and homes within the area to help the Board understand the grounds for their request for condition #3.

           Commissioner Bowman asked for clarification regarding the modification to condition #10.  Mr. Welch stated if there is no disturbance on the area there is no point in disturbing the area to place sod.  The area is heavily wooded and by disturbing more land and installing sod would it create more soil erosion and the purpose is to preserve the trees.

          Commissioner Mathis made the motion to approve the request for modification with three (3) conditions listed on the revised resolution; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the request for a modification of zoning conditions 3, 8 and 10 to read as follows:

3. All homes shall have a minimum of 2,000 square feet of heated floor space.  The front façade of each home shall consist of a mixture (two or more) of any of the following materials: brick, stone (including manufactured stone), stucco, cement fiberboard plank, cement fiberboard board and batten, cement fiberboard shake-shingle, or cedar shake-shingle.  With the exception of a house fully clad in brick, the remaining sides of the homes shall consist of two (2) or more of the aforementioned materials, one (1) of which may serve as an accent.  Vinyl shall be used only for soffits, eaves, cornices, dormers and window shutters.

8. A walking trail shall be provided throughout the open space area.  There shall be sidewalks on both sides of the roads throughout the development.

10.     All yards, front, rear and side, shall be sodded where disturbed.

Approval of the minutes

          Commissioner Mathis made the motion to approve the March 3, 2008 minutes; Commissioner Stamey seconded.  The motion carried unanimously.

County Manager Comments

          There were no comments.

County Attorney Comments

          There were no comments.

Public Comments

          There were no comments.

Upcoming Meetings

1.     Monday, March 31st and Tuesday, April 1st, @ 9:00 a.m., Regular BOC meeting

2.     On Monday, April 14th, the Board will be traveling to Cobb County and Gwinnett County to tour civic and performing arts venues and will be meeting with the officials in those communities.

3.    Tuesday, April 15th, @ 6:30 p.m., Regular BOC meeting

Executive Session

Commissioner Stamey 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, pending and/or potential litigation, and personnel matters; Commissioner Mathis seconded.  The motion carried unanimously.

(Executive Session was held.)

Commissioner Stamey made the motion to reconvene into Public Session; Commissioner Mathis seconded.  The motion carried unanimously.

Commissioner Bowman made the motion to approve the affidavit and resolution pertaining to executive session; Commissioner Stamey seconded.  The motion carried unanimously.

Commissioner Basler made the motion to amend the agenda out of public necessity and to approve a resolution to authorize the Chairman to execute a contract to purchase 126.63 acres of real estate and purchase 166.668 acres of real estate as discussed in Executive Session; Commissioner Holder seconded.  The motion carried unanimously.

Commissioner Mathis made the motion to amend the agenda out of public necessity and to authorize the Chairman to sign leases for residential caretaker cottages at all county parks; Commissioner Stamey seconded.

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

                                                Jason T. Harper, Chairman

 

Shay Mathis, County Clerk