The Henry County
Board of Commissioners held a Regular Public Meeting at 6:30 p.m. on Tuesday,
May 19, 2009, in the Community Room,
Reid A. Bowman, Vice-Chairman, District IV Commissioner
Warren E. Holder, District I Commissioner
Rick Jeffares, District II Commissioner
Randy Stamey, District III Commissioner
Johnny B. Basler, District V Commissioner
Also attending were Shay Mathis, County Clerk; LaTonya Nix-Wiley, County Attorney; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Mike Bush, Finance Director; Terry McMickle, Public Works Division Director; Michael Harris, Planning & Zoning Services Division Director; and others.
(NOTE: Audio of this
meeting is available with the
Chairman Mathis called the meeting to order and announced the following item would not be heard at this meeting:
Rezoning request by HPMC, LLC William Herbert of Stockbridge, GA (RZ-09-01), Commission District 5 (Presenter: Ray Gibson, Planning & Zoning Director)(Exhibit #13)
The applicant requests a rezoning from RA
(Residential-Agricultural) to C-3 (Heavy Commercial) for property located at
1598 Highway 138. The property is
located in Land
Mathis stated a presentation of a proclamation and awards needed to be added to
the agenda. Commissioner Basler made the
motion to approve the agenda with
Chairman Mathis recognized Boy Scout Troup 62 from First Baptist Church of McDonough who was in attendance as part of a requirement for their Citizenship in the Community Badge.
Chairman Mathis presented the following proclamation and also certificates for the 4-H program:
WHEREAS, On January 20,
WHEREAS, Each 4-H’er selected from more than 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, 68 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 14, 2009, where 15 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 13-15, 2009, where Henry County had 6 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
of Commissioners congratulates the
Place Winners at the Cloverleaf DPA are Hannah Bloodworth, Claire Burnett, Johnafel Crowe II, Joana Cruz, Erin Hardin, Landon Harper, Kristin Malcom, Victor Martin, Abbey Middlebrook, Amelia Poole, Meredith Sanders, Hannah Sbaity, Frankie Sotka, Wyatt Walden, and Kaitlyn Wallace. Junior/Senior DPA first place winners are Kayla Bailey, Hannah Brown, Haley Folmar, AnnaKate Jackson, John Jenkins and Grace Whipple.
Nan Jenkins and Jill Holder made a presentation to the Board on behalf of A Friends House. A Friends House celebrated its tenth birthday in October, 2008 and has been recognizing people that have offered support. They recognized the Board for their support and presented the Board with a plaque.
Chairman Mathis and the Board congratulated the Communications Department for receiving five awards from the National Association of County Information Officers
Commissioner Bowman stated in other jurisdictions there have been concerns regarding recyclables being taken to landfills, will this be monitored to make sure the waste goes into a recycle bin. Mr. Harris stated one of the key components of the new solid waste management plan is the recycling effort and along with that is the reporting element. Waste hauling companies will be required to provide quarterly reports to track the recyclables. That is also one of the reasons a hotline was set up so that citizens can report if they feel the recyclables are not being disposed of properly.
Hearing regarding the abandonment of a portion of
McMickle, Public Works Division Director presented the agenda item to the
Board. The request is to abandon a
Chairman Mathis called for public comments from anyone wishing to speak regarding the abandonment; there was no response.
Bowman made the motion to abandon a
WHEREAS, Henry County Department of Transportation, has filed with the Board of Commissioners of Henry County, a Petition for Partial Abandonment of a portion of public roads known as Octagon Road, located in Land Lots 51 of the 6th District of Henry County, Georgia; and
WHEREAS, that portion of said road sought to be abandoned is shown on a plat containing 4.538 acres which is attached to the said Petition, marked Exhibit “A” ; 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 that portion of Octagon Road sought to be abandoned by the aforesaid Petitioners; and
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, at its public meeting duly assembled, that a portion of Octagon Road shown marked on a plat which is attached hereto marked Exhibit “A” being 4.538 acres and by reference made a part hereof, and a copy of which is on file in the office of this Board, be, and same is hereby abandoned and declared surplus.
Wrecker 1, Inc.
Ray Gibson presented the
agenda item to the Board. Wrecker 1,
Inc. requested an appeal of denial of a Conditional Use for property located at
Mathis asked staff to present the information that was requested by the Board
at the April 21st meeting.
Mr. Gibson stated there’s no zoning file for
Chairman Mathis called for public comments from anyone wishing to speak in favor of the applicants request; there were no comments.
Chairman Mathis called for public comments from anyone wishing to speak in opposition of the applicants request; there were no comments.
Chairman Mathis asked the applicant if you had anything to add to what was presented by Mr. Gibson. Steve Richardson, representative for the applicant stated the property is a storage yard not an impound yard. It’s specifically for storage and leading to the County wrecker service.
Commissioner Bowman recused himself from voting on this agenda item.
1. The primary structure shall have a masonry front façade and shall have a minimum of 1,800 square feet of floor space.
ten foot (10’) buffer shall surround the sides and rear of the subject
The buffer shall feature .
Chairman Mathis stated there was a motion on the floor to approve the Conditional Use with 8 conditions with the two amendments. Chairman Mathis called for the vote. The motion carried 4-0-1 with Commissioners Jeffares, Basler, Stamey and Holder voting in favor and Commissioner Bowman abstained. The following resolution was approved:
WHEREAS, Wrecker 1, Inc. (AP-09-01) of Stockbridge, GA, applied for
a conditional use (CU-0-04) to allow an impound lot at
WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and
WHEREAS, the Planning & Zoning Staff for
WHEREAS, the Henry County Zoning Advisory Board (ZAB) reviewed and denied the request for a Conditional Use on February 12, 2009;
NOW THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners overturns the denial and approves the Conditional Use request with the following conditions:
1. The primary structure shall have a masonry front façade and shall have a minimum of 1,800 square feet of floor space.
2. A ten foot (10’) buffer shall surround the sides and rear of the subject property.
3. There shall be a fence a minimum of six feet (6’) in height located ten feet (10’) inside the property line. Should the fence be chain link, it shall feature vinyl slats to render it opaque.
4. The fence shall only be located behind the rear drip line of the primary structure.
5. Any vehicles or equipment to be stored outside shall only be stored in the rear of the building within the fence.
6. All parking and outside storage areas shall be paved.
7. Any ground signage shall be monument based not to exceed fifteen feet (15’) in height.
8. Notwithstanding anything to the contrary herein, no zoning condition 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.
Hearing regarding the adoption of the
Gibson, Planning & Zoning Director and Jeremy Gilbert, Planner presented
the agenda item to the Board. The
request is to adopt the Unified Land Development Code (ULDC). Staff has been working on this document since
2003 when the comprehensive planning project was started. This document will replace Sections 3-6
through 3-11 of the current
We have recently been chosen for the Community Choice’s Assistance Program with the Atlanta Regional Commission (ARC) in which the ARC along with professional planners and attorneys will be reviewing the Comprehensive. Plan, the ULDC and CTP to ensure they are in sink with each other. Once the recommendations are received from ARC, staff can review the code for any recommended changes.
The Zoning Advisory Board recommended that the ULDC become effective July 1, 2009. Staff recommended an amendment to say the ULDC become affective at the first public hearing of the Board of Commissioners in July, 2009.
Jeremy Gilbert, Planner reviewed some of the content of the ULDC as well as the changes that were requested by the Zoning Advisory Board.
Commissioner Bowman commented regarding the care home or group home and there being four children or adults allowed. Mr. Gibson stated that you can have four children or adults but you would need a Conditional Use. Commissioner Bowman stated it is understood that a Conditional Use is needed if a home is within a subdivision. Can a home that is not within a subdivision have four, is there a legal reason for not allowing four children or adults in a care/group home. Mr. Gilbert stated it was not separated in the code (within a subdivision or not within a subdivision), it was done straight across the board any property that was zoned residential would be allowed to have a personal care home. Commissioner Bowman stated after discussions with citizens it is not feasible to operate with three clients, the break even point is four clients. Commissioner Bowman stated he would like for the code to say four clients outside of subdivision and if you are within a subdivision, to have four clients you would need a Conditional Use. Mr. Gilbert stated one thing that was looked at with the three or fewer as a home occupation is the home occupation ordinance only allows the residents of that home to be engaged in that occupation. So you would not be allowed to hire employees. This would not fall under the Home Occupation Ordinance but would need to be looked at as a separate type of business. Commissioner Bowman stated it would be unreasonable to think that a family member within the residences would need to be available 24/7 to take care of the clients. Mr. Gibson stated they met with McIntosh Trails and they noted that there was only one home currently in operation within a subdivision out of the seven homes that they currently have.
Mr. Gibson stated this can get confusing and it will be clarified when it is brought back in July with the zoning map.
Commissioner Jeffares suggested the Ordinance remain like presented except for RA, have four clients as the number and anything over four would need a Conditional Use. Mr. Gibson suggested up to six in RA without an RA because the fire code and the building code will dictate the number of people that would be allowed within the home.
Commissioner Basler asked what the current Ordinance call for. Mr. Gilbert stated the current Ordinance requires care homes to be located on property zoned RA, minimum lot size of 3 acres, located on a major/minor arterial road, building has to be fifty feet (50’) from all property lines and a Conditional Use is required. Commissioner Basler asked what the proposed Ordinance states. Mr. Gilbert stated the proposal is in any residential zoning district, three clients would be allowed by right as a home occupation. Commissioner Basler added that if there was a need for four they would need a Conditional Use. Mr. Gilbert stated that was correct. Commissioner Basler asked if the home had a RA zoning with 2 acres. Mr. Gilbert stated there’s no difference between those, it’s all the same. Something could be done different just in RA outside of a subdivision. It could read in RA zoned properties outside of a subdivision, personal care homes could be a permissible use at up to four or six, and anything within a subdivision could meet the requirements proposed or any other option the Board requires. Mr. Gilbert stated a personal care home by definition is one to six residents with six being the maximum amount with a Conditional Use.
Gilbert stated in
Chairman Mathis commented regarding removing cafeterias as a permitted use in an OI zoning district. Mr. Gilbert stated associated cafeterias within OI, M-1 and M-2 districts that would be internal to office buildings or industrial uses would still be permitted. Staff didn’t want to include restaurants and cafeterias as the same thing with in OI and have a McDonald’s, for example, within an OI, M-1 or M-2 zoning districts. Cafeteria’s was removed and would be an associated use. A cafeteria could be within an office building in an OI, M-1 or M-2 zoning district.
Commissioner Jeffares stated there needed to be some clarification regarding the Transportation System Standards “All transportation system design, street design, and construction shall comply with Georgia Department of Transportation (GDOT) requirements”. People may be confused and think that every road, subdivision road, etc. has to meet the GDOT standards.
Commissioner Jeffares also stated for clarification that once this it adopted, new applications will abide by the new ULDC, any pending applications will abide by the current code. Mr. Gibson stated that was correct.
Commissioner Jeffares stated there needed to be a correction on page 8-19 that refers to section 4.04.03(c)(5); that is not a correct section. Mr. Gibson stated that should actually be section 8.01.03 (d)(c).
Chairman Mathis asked for the definition of fenced and exercise in regard to standards for stables and facilities for livestock. “The parcel (3 or more acres) shall be fenced. The outdoor track and each exercise yard shall be separately fenced.” Mr. Gilbert stated a fence could mean a chain-link fence, privacy fence, etc. That section of the code outlines the different types of fences. As far as the outdoor track and each exercise yard, if a site has an area without any grass it is the exercise pen. It’s just an area that is used for walking or riding horses.
Commissioner Basler stated there have been discussions regarding updating the zoning signs. Mr. Gibson stated the new sign will be brought back at the July meeting and have it all finalized together.
Chairman Mathis called for public comments regarding the agenda item. Those speaking were: Jean Bouts spoke regarding personal care homes; Bob Marshall spoke regarding notification of zonings; Steve Cash commended staff on the ULDC document.
Gilbert asked for clarification regarding the personal care home. It is to be a four person care home without a
Conditional Use in RA zoning only.
Adoption of adjusted fee schedules
Chairman Mathis asked how the fees compare to other counties. Mr. Gilbert stated it is his understanding that they are comparable to other counties. There are only two or three of the fees that changed from the current fee scheduled.
WHEREAS, the Henry County Board of Commissioners has an interest in promoting the general health, safety and welfare of the community as it relates to physical development; and
WHEREAS, the staff of the Henry County Planning and Zoning Department, the Development Plan Review Department and the Building Department has reviewed the current fee schedules and recommend amending such fee schedules; and
WHEREAS, the Henry County Board of Commissioners has responsibility to achieve maximum efficiency and effectiveness in its financial operations by assessing a fee for services that provides primarily a private benefit whereby such fees offsets the potential for a general ad valorem tax increase; and
WHEREAS, the Henry County Board of commissioners is the governing body of the jurisdiction having authority to adopt policy concerning fees and charges for services pursuant to the Constriction of the State of Georgia and the Official Code of Georgia Annotated, and as amended from time to time.
the effective date of the fee schedules shall coincide with the effective of
THEREFORE, BE IT RESOLVED THAT the
County Manager Comments
There were no comments.
There were no comments.
There were no comments.
1. Monday, May 25th is the Memorial Day Holiday – All County Offices will be closed.
2. Monday, June 1st at 9:00 a.m. and Tuesday, June 2nd at 9:00 a.m. are Regular Board Meetings
3. Monday, June 15th at 9:00 a.m. and Tuesday June 16th at 6:30 p.m. are Regular Board Meetings
Bowman made the motion to adjourn;