STATE OF GEORGIA[s1] 

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 6:30 p.m. on Tuesday, May 15, 2007, 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 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

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Michael Harris, Planning Division Director; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Roy Clack, SPLOST/Capital Projects 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 called for an acceptance of the agenda.  Commissioner Mathis made the motion to approve the agenda; Commissioner Bowman seconded.  The motion carried unanimously.

 

BUILDING AND DEVELOPMENT SERVICES

Request for an extension on a commercial lease contract for off-site storage

          Rob Magnaghi, County Manager, announced the plan is not to renew the lease contract for off-site storage.  The files will be moved to the annex building as part of a master plan to scan the records.  Once the files are scanned there will not be a need to store records in the future.  There was no action taken by the Board regarding the lease contract.

 

PLANNING AND ZONING SERVICES

Partners Three of Stockbridge, GA – RZ-06-61

Partners Three of Stockbridge, GA requests a rezoning from R-2 (Single-Family Residence) and C-3 (Heavy Commercial) to PD (Planned Development) for property located on the north and west sides of Lanier Crossing, east of Highway 42 and south of Highway 138.  The property is located in Land Lot 33 of the 12th District, consisting of 21.8+/- acres.  The request is for the development of a mixed-use planned development.  The Zoning Advisory Board recommended Denial on April 12, 2007.

          Stacey Jordan, Chief Planner, presented the agenda item to the Board.  The applicant is proposing 25% of the subject property to be preserved as open space and there is an associated variance request to allow for private streets.  The applicant indicated that there were no intentions on gating the community.  

          Wayne Smith, President of DW Smith Design Group, represented the applicant for the rezoning request.  (A Constitutional Challenge was submitted to staff)  The applicant has owned the property for several years and during that period of time the property was marketed as commercial property with no one interested in purchasing the property.  Immediately across the street is six (6) acres of land zoned for commercial and it has been on the market for at least four (4) years.  There are a number of parcels within the immediate vicinity that are currently for sale and have been for some time.  A portion of the subject property was a part of an old zoning classification, RMH (Residential Mobile Homes).  There were zoning category changes through the years.  A decision was made that the former zoning RMH classification would be made current as an RM-75 classification and would allow development of multi-family with up to ten (10) units per acre.  With that information, in 2004 there were preliminary meetings with Planning & Zoning staff to review the documentation.  After research, staff concurred with the applicant’s position and the applicant moved forward and plans were prepared and submitted for a townhouse development.  Once the plans were submitted for review there was a question as to whether or not the interpretation was an appropriate interpretation for historical zoning.  The applicant was advised he would not be allowed to proceed with the project.  Several meetings have occurred since that time and the applicant has worked to obtain a reasonable development project for the property.  Currently a portion of the subject property is zoned commercial and portions zoned R-2.  With that in mind and the historical background of the RMH zoning the applicant submitted a plan for develop of a mixed-use planned development.

          Commissioner Bowman stated according to the Future Land Use Map there is a small portion of the subject property zoned R-2.  Mr. Smith stated it is his understanding that approximately half of the property is zoned R-2.

          Commissioner Mathis asked if a portion of the planned development was being designated as a senior community.  Mr. Smith stated the application does not have that restriction, but the owners are willing to accept that restriction if the zoning is approved.

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

          Commissioner Basler asked staff for the zoning classification on the Future Land Use Map.  Mr. Jordan stated there are two (2) designations for the subject property on the Future Land Use Map; commercial and low density residential not to exceed 2.5 dwelling units per acre.  The Future Land Use Map shows the commercial portion on the Highway 42 side of the property and the low density residential on the Highway 138 side which is opposite of the site plan.  

          Commissioner Stamey asked for the overall density of the project.  Mr. Jordan stated the applicant’s proposal is for 6.04 dwelling units per acre.

          Commissioner Bowman stated the project looks good and he has no problems with the project.  The problem is with the Current Land Use Map and the Future Land Use Map.  It clearly shows the majority of the subject property as C-3 Heavy Commercial.  Therefore Commissioner Basler made the motion to deny the rezoning request; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Partners Three of Stockbridge, Georgia, (RZ-06-61) applied to rezone property located on the north and west sides of Lanier Crossing, east of SR 42 and south of SR 138 in Land Lot 33 of the 12th District, consisting of 21.8+/- acres, from R-2 (Single-Family Residence) and C-3 (Heavy Commercial) to PD (Planned Development) for the development of a mixed use planned development; and

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

WHEREAS, the Henry County Planning & Zoning Staff reviewed the request and submitted a report that is part of the public record; and

WHEREAS, the Henry County Zoning Advisory Board reviewed and recommended denial of the request on April 12, 2007;

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the rezoning from R-2 (Single-Family Residence) and C-3 (Heavy Commercial) to PD (Planned Development) for the development of a mixed use planned development.

 

Partners Three of Stockbridge, GA – AP-07-04

Partners Three of Stockbridge, GA appeals the denial of a variance for property located on the north and west sides of Lanier Crossing, east of Highway 42 and south of Highway 138.  The property is located in Land Lot 33 of the 12th District, consisting of 21.8+/- acres.  The applicant requests a variance to allow private streets.  The Zoning Advisory Board Denied Variance VR-07-06 on April 12, 2007.  An appeal was filed on April 19, 2007.

          Commissioner Bowman made the motion to deny the variance; Commissioner Mathis seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Partners Three of Stockbridge, Georgia, applied for a variance (VR-07-06) for property located on the north and west sides of Lanier Crossing, east of SR 42 and south of SR 138 in Land Lot 33 of the 12th District, consisting of 21.8+/- acres to allow private streets; 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 April 12, 2007; and

WHEREAS, Partners Three filed an appeal on April 19, 2007 (AP-07-04);

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners upholds the denial of the Zoning Advisory Board.

 

Cameron Properties, Inc. of McDonough, GA – RZ-06-05

Cameron Properties, Inc. of McDonough, GA requests a rezoning from RA Residential-Agricultural) to R-2 (Single-Family Residence) for property located at 954 North Ola Road.  The property is located in Land Lots 111 and 112 of the 8th District, consisting of 173.51+/- acres.  The request is for the development of a single-family residential subdivision. The Zoning Advisory Board recommended Denial on March 22, 2007.  

          Ray Gibson, Planning & Zoning Director presented the agenda item to the Board. The Future Land Use Map currently designates the property for Residential and Agricultural Uses at up to one (1) dwelling unit per acre.  The character of the area is one (1) acre lots or larger.  There is an R-2 subdivision called Tapestry Park, located south of Ola High School which was approved for a minimum of 20,000 square foot lots with a net density of 1.84 dwelling units per acre.  North Ola Road is designated as a minor arterial road with a speed limit of 35 MPH during school hours in the morning and evening and 45 MPH during other times of the day.  The concept plan submitted by the applicant illustrates 261 lots on 150 net usable acres for a net density of 1.73 dwelling units per acre.  In addition, the applicant indicated a minimum lot size of 18,000 square feet and average lot size of 24,000 square feet.  There are three (3) streams that traverse the subject property which require the 75 foot buffer per the Ordinance requirements.  In the southeast corner of the subject property there is a proposed amenity area of 4.86 acres.

          Mr. Andy Welch, Smith, Welch & Brittain, represented the applicant for the rezoning request.  The request is to rezone the subject property to a rezoning classification of R-2 with conditions; the proposed conditions were presented to staff.  Two (2) town hall meetings were held at Ola Elementary to meet with the general public and neighborhoods in the area.  There were approximately 80 to 100 people in attendance at both meetings.  Notices about the meetings were placed along North Ola Road.  Concerns were expressed regarding the rezoning request and the zoning classification changing the area.  Adjustments were made to the plan; lots were cut out reducing the density and number of lots by 24.  As a result the plan was resubmitted with changes.  An updated water and sewer letter was requested and has been submitted to Planning & Zoning staff.  The subject property is the last piece of property between Snapping Shoals Road and up North Ola Road to Turner Church Road that has not been developed.  The applicant has requested an average lot size of 24,000 square feet allowing a minimum of 18,000 square feet to be used where some lots are smaller than others.  The requested minimum house size is 22,000 square feet.  When considering the rezoning request, take into consideration other zonings that have occurred in the area.  Adjacent to the property (Land Lot 11) is Owens Crossing, a subdivision rezoned R-2.  The area has changed from the old rural days of farming to an area of subdivision development. (Mr. Welch presented a map indicating how the rezonings have not been consistent with the Future Land Use Map.)  The Future Land Use Map indicates that the lot sizes should be an acre or larger but that has not been the history of zonings throughout this area.  Mr. Welch stated the applicant is compliant with the Zoning Ordinance.  The request is for the right lot size and is within the density limitation with one exception.  The Zoning Ordinance was recently amended to allow for a wider buffer around streams.  That issue will have to be addressed because the Ordinance was not in affect when the rezoning application was submitted.  All zoning requirements are met and the request is consistent with the pattern of decisions that the Board has made over time with the request being R-2.  The subject property also adjoins an R-2 property.  The request is consistent with land use policy; consistent with other zonings in the area the most recent was approved in April, along Snapping Shoals Road, that has an average lot size of 30,500 square feet and a minimum of 27,000 square feet. The applicant is requesting the Board grant the rezoning request and conditions with the exception of condition #1 (The minimum lot size shall be one (1) acre for the proposed R-1 residential subdivision) and condition #10 (The net density shall not exceed 1.0 dwelling unit per acre).  Regarding condition #11 regarding the additional right-of-way, the applicant objects to this condition as well.  

          Commissioner Stamey asked staff if there were any R-2 subdivisions from where Wilson Road intersects with Snapping Shoals all the way to Honey Creek Road.  Mr. Gibson stated there were none.

          Chairman Harper called for public comments from anyone wishing to speak regarding the rezoning request.

          Those speaking in opposition:

·        Carmen Donnell, 38 The Farm Road, spoke regarding overcrowded schools in the area, the condition of the roads in the area, safety and the emergency response times.

·        Lamar Donnell, 38 The Farm Road, spoke regarding the subject property being used for sludge distribution.

·        Teresa DeLamar, 171 Maranatha Road, spoke regarding statistics for the number of homes sold, foreclosed and standing inventory of new homes and also the character of the homes and communities in the area.

·        Charles Downey, 557 Heathmoor Drive, President of 3DCC.  Mr. Downey spoke regarding public health and the sludge distribution, the proposal not being in conformity with the community, the project increasing traffic and overcrowding of the schools in the area.

·        Bobby Jean Gaddy, 42 The Farm Road, spoke regarding the sludge distribution affecting her property and a R-2 subdivision in the area being zoned without proper notification.

·        Bill Morgan, 3521 Turner Church Road, spoke regarding Turner Church Road and the road conditions and proposed improvements.

·        Mike Hoover, 130 Timber Ridge Drive, spoke regarding the public safety (fire and rescue) not being sufficient for the area and parking on the streets within the subdivision not being acceptable for public safety vehicles.

Commissioner Stamey made the motion to deny the request for rezoning; Commissioner Mathis seconded.  The motion carried 4-1-0 with Commissioners Basler, Mathis, Stamey, and Bowman in favor and Commissioner Holder opposed.  The following resolution was approved:

WHEREAS, Cameron Properties, Inc. of McDonough, Georgia (RZ-06-05) applied to rezone the subject property from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for the development of a single-family residential subdivision.  The property is located at 954 North Ola Road (Parcel ID Number 154-01-055-000) in Land Lots 111 and 112 of the 8th District, consisting of 173.51+/- 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 recommended denial of the rezoning request from RA (Residential-Agricultural) to R-2 (Single-Family Residence);

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for the development of a single-family residential subdivision.

 

Appointments to the Stormwater Committee

          This item was tabled to the June 4th meeting.

 

Cutting and Removing of Grass/Hay at Nash Farm

          Commissioner Mathis stated it is time once again for the fields at Nash Farm to be cut.  Noah’s Ark, a non-profit organization, located in Locust Grove is in desperate need of hay for the animals that live there.  The request is for authorization for the fields at Nash Farm to be cut by Noah’s Ark, one time and allow them to remove the hay to feed the animals.

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

WHEREAS, the County owns 202 +/- acres lying and being in Land Lot 122 of the 6th District of Henry County, Georgia, known as the Nash Farm Battlefield site (the “Property”); and

 

          WHEREAS, the Property is in need of having the grass/hay located thereon cut and removed; and

 

          WHEREAS, Noah's Ark is a non-profit organization dedicated to "bringing children and animals together for the purpose of providing unconditional love, unconditional service, and a future full of hope" and is located in Locust Grove, Georgia; and

 

          WHEREAS, a representative of Noah’s Ark has agreed to cut and remove the grass/hay from the Property on a one time basis at no charge;

 

          NOW THEREFORE, BE IT RESOLVED AND IT IS HEREBY RESOLVED that the Henry County Board of Commissioners authorizes a representative of Noah’s Ark to cut and remove the grass/hay from the Property on a one time basis at no charge.

 

Office Space occupied by the Farm Service Agency

          Michael Sabine, Assistant County Manager, presented the agenda item to the Board.  The Board has determined the FSA’s (Farm Service Agency) presence is in the public interest to the citizens of Henry County.  On April 16th the Board endorsed a resolution supporting maintaining the FSA office in Henry County.  The request is to enter into an amended lease agreement with USDA to reduce the lease amount for the occupied space at the Aubrey Harvey Building.  The rent would be waived for the USDA space subject to USDA keeping the Farm Service Agency office in Henry County.

          Commissioner Holder made the motion to approve the request and authorize the Chairman to sign all necessary documents and stated for the record that instead of FSA it is the USDA which includes FSA and NRCS; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Board of Commissioners has provided office space to the United States Department of Agriculture (USDA) for the Farm Service Agency (FSA) and Natural Resource Conservation Service (NRCS) at the Aubrey Harvey Building since 1996; AND

 

WHEREAS, the Farm Service Agency has advised that they may need to close the Henry County FSA Office due to budget considerations; AND

 

WHEREAS, the Board of Commissioners has determined that the presence of a County FSA Office is in the public interest to the citizens of Henry County, especially the Agricultural producers within this County; AND

 

WHEREAS, the Board of Commissioners desires to offer an appropriate incentive to retain this important governmental function within Henry County.

 

NOW THEREFORE BE IT RESOLVED BY the Board of Commissioners of Henry County that the Board hereby states its desire to enter into an amended lease agreement with USDA to reduce the present lease payments on USDA-occupied space in the Aubrey Harvey Building. This reduction in lease payments shall be equal to 100% (one-hundred percent) of the lease value for the USDA-occupied space, subject to the retention of the Henry County FSA Office.

 

BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the Chairman to transmit a copy of this resolution to Georgia FSA Executive Director and the Georgia State FSA Committee.

 

County Manager Comments

          There were no comments.

 

County Attorney Comments

          There were no comments.

 

Public Comments

          There were no comments.

 

Upcoming Meetings:

1.     Monday, June 4th & Tuesday June 5th, @ 9:00 am., Regular BOC Meeting

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

There will be a joint meeting with the Cities in June, time and date to be announced.

 

Executive Session

Commissioner 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 County Attorney, for the purposes of discussing the acquisition of real estate, pending and/or potential litigation, and personnel matters; Commissioner Bowman seconded.  The motion carried unanimously.

(Executive Session was held.)

 

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

Commissioner Bowman made the motion to move all the agenda items for the July 2nd and 3rd meetings to the July 16th and 17th meetings; Commissioner Mathis seconded.  The motion carried unanimously.

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

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

                                                                      Jason T. Harper, Chairman

Shay Mathis, County Clerk

         

 

 


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