STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 6:30 p.m. on Tuesday, June 19, 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; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Mike Bush Financial Services Director; 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 Stamey made the motion to approve the agenda; Commissioner Mathis seconded.  The motion carried unanimously.

            Chairman Harper announced the following items would not be heard:

Do Right Home Builders, Inc. of McDonough, GA requests a rezoning from RA (Residential Agricultural) to PD (Planned Development) for property located on the north side of Jodeco Road and south side of Harold Drive, west of Peach Drive.  The property is located in Land Lots 49 and 80 of the 6th District, consisting of 27.0+/- acres.  The request is for the development of a Mixed Use Planned Development.  The Zoning Advisory Board recommended Approval, May 24, 2007

Jimikius Harris of Hampton, GA appeals the denial of a conditional use permit for property located at 808 N. Steele Dr.  The property is located in Land Lot 167 of the 6th District, consisting of 3.99+/- acres.  The request is for the development of a daycare center.  This was denied by the Zoning Advisory Board on April 26, 2007.

PLANNING AND ZONING

Joint Henry County/Cities Comprehensive Plan

            Ray Gibson, Director of Planning & Zoning, presented the agenda item to the Board.  Notice is hereby given that Henry County, Georgia and the Cities of Locust Grove, Hampton, McDonough and Stockbridge will hold Public Hearings to approve a resolution to transmit a Community Agenda Element of the Joint Henry County/Cities Comprehensive Plan to the Atlanta Regional Commission.  The request is for authorization to transmit the Joint Henry County/Cities Comprehensive Plan to the Atlanta Regional Commission (ARC) and the Georgia Department of Community Affairs (DCA) for review.  The Comprehensive Plan is comprised of three (3) components, 1) the public participation plan; 2) the community assessment, both of which were submitted to the DCA in May, 2006.  Part three (3) is the Community Agenda.  DCA will have maximum of 120 days to review the plan and during the review period changes can be made to the document.  Currently there are resolutions from the Cities of Locust Grove and Stockbridge; the Cities of McDonough and Hampton are due to approve resolutions the first week in July.  The documents will not be submitted until all resolutions have been received.  The Zoning Advisory Board heard the request on Thursday, June 14, 2007 and recommend approval with one recommended change.  The change is where the eastern portion of the county is shown on the map as rural residential land uses (referred to as Figure 1).  The map was amended changing the rural residential land use to low density residential land use (referred to as Figure 2).  The Zoning Advisory Board recommended amending the map back to rural residential land uses. 

Jim Summerbell, Project Manager for Jordan, Jones & Goulding, stated this was a public hearing to receive comments for consideration for transmittal.  After review by the Atlanta Regional Commission and the Department of Community Affairs the plan can be adopted.  Mr. Summerbell made the following presentation:

The concept of the plan is to:

n      Update outdated plan to new state standards

n      Create a One Vision for entire county

n      Coordinate with Comprehensive Transportation Effort

n      Seek to preserve greenspace and accommodate needed economic development through Activity Center creation

Coordination with the Comprehensive Transportation Plan involved:

n      Joint public involvement effort

n      Used same base demographics:

·        Population

o       2005 Population of 167,000

o       2030 Population of 429,360

·        Employment

o       2005 Employment of 48,018,

o       2030 Employment of 120,369

·        Jobs-Housing Balance

o       2005 Jobs-Housing Balance of 0.95

o       2030 Jobs-Housing Balance of 0.77

·        These demographics are not a goal of the plan, but rather a projection of current trends that need to be addressed

n      Incorporation of CTP policies and projects

 

Development of the Plan through Public Outreach and Involvement:

n      Visioning Workshops

n      Scenario Workshops

n      Open Houses

n      Steering Committee

n      Website

n      Speaking engagements

Frequently Mentioned Land Use Themes:

n      Preservation of environmental and cultural resources

n      Make Henry a unique destination

n      More community facilities to keep up with growth

n      More options available in the built environment

·        Retail

·        Housing

·        Industry

Frequently Mentioned Transportation Themes:

n      Need more cross-county connectors

n      Improve traffic flow

n      Control access to key corridors

n      Want public transportation

n      Need more pedestrian and bicycle connections

n      Need more alternatives to using I-75

 

Role of the Community Agenda:

n      Third part of the Comprehensive Plan, includes:

·        Vision Statement

·        Future Land Use guidelines

·        Policies

·        Implementation Strategies

n      The Agenda does not

·        Guarantee development will happen in all areas indicated

·        Rezone Property

n      It is intended to be flexible and updated regularly

Joint Henry County/Cities Vision Statement

Henry County’s vision for the future is a smarter land use pattern that conserves rural character by focusing new growth in high quality neighborhoods and schools centered around a wide variety of accessible commercial and public services. There will be improved mobility, more choice and enough jobs for every household to live and work in Henry County. During the next 20 years, Henry County and its cities are committed to work together will all elements of the community to achieve this vision.

Activity Centers– A Old Solution for Henry’s Future

n      What is an “Activity Center”?

·        A community that is established around a modified grid network of two lane streets and sidewalks, there is a commercial core, civic buildings, a variety of housing types, open space, employment centers, etc.

·        A mixture of uses

o       Housing

o       Civic function

o       Open Space

o       Employment

Activity Centers Positives

n      Reduce Infrastructure Costs

n      Increase Pedestrian Accessibility

n      Reduce Travel Times

n      Support Public Transit Service

n      Preserve Outlying Greenspace

n      Create a Sense of Place

Future Land Use Map

n      Standard Land Use Classifications that correspond to Zoning

n      Activity Centers

n      Each City has individual Future Land Use Maps

n      School Sites

n      Protected watersheds and hydrology

n      Functional Road Classification Map

n      Proposed roads

How Will the Agenda Be Used?

n      The Future Land Use Map should be referenced in making rezoning and capital investment decisions

n      Policies will help guide day-to-day decisions

n      Implementation is carried out through:         

·        Application of regulations and policies

·        Promotion of Activity Center Development

·        Projects and programs outlined in the Short-term Work Program

Implementation Strategies

n      Public investment in infrastructure

·         Roads

·         Water/sewer

·         Streetscapes

n      Activity Center Overlay Districts

n      Encourage private investment through development incentives

n      Pursue funding through government programs (i.e., Livable Centers Initiative, Tax Allocation Districts)

n      Involve the public in actively supporting and planning the activity center concept

n      Improve Jobs-Housing balance through support of higher education, active marketing, and reserve of sufficient space for growth.

Chairman Harper called for public comments from anyone wishing to speak regarding the transmittal of the Joint Henry County/Cities Comprehensive Plan to the Atlanta Regional Committee and the Department of Community Affairs for review; there was no response.

Commissioner Holder asked staff if there was only one change recommended by the Zoning Advisory Board.  Mr. Gibson stated the recommended change that was previously stated was the only one from the Zoning Advisory Board. 

            Commissioner Holder stated the reason for the changes to low density rural residential land use is because of the watershed protection area for district one and the eastern part of the county.  The majority of the water supply for the county is within District One.  The Tussahaw Water Treatment Facility and the area south of the Towaligia Water Treatment Facility, Rowland (Long Branch) Reservoir and Gardner (Indian Creek) Reservoir are protected. 

            Commissioner Mathis stated she was pleased with the recommendations as they appear on the map for District Two.  The concern is with the high density residential located along the interstate.  Commissioner Mathis agrees that’s where high density belongs, however the concern is with beginning at such a high threshold, when transfer development rights are instituted, there will be no incentive to purchase development rights and transfer those into the appropriate areas.

            Mr. Gary Cornell, Senior Associate with Jordan, Jones, & Goulding stated it remains to be seen how the transferable development rights ordinance is structured.  The land use map might still be the maximum density permitted and might require that transferable development rights be provided in order to get to that point.  The ordinance might say that you’re not entitled to that density without transferable development rights. 

            Commissioner Mathis commented in reference to the town centers or activity areas, there will be a process for development of the centers.  Once the map has been adopted, will there be a free-for-all or will there be planning to ensure the look and the feel is what the county is going for and the percentages, based on residential, retail and services is maintained.

            Mr. Gibson stated those points will be made clear in the Unified Development Code.  The idea right now is anything above ten (10) acres would trigger the master plan of an activity center.  Mechanisms will be in place to ensure that an applicant doesn’t come in tomorrow to develop an activity center as proposed in the Future Land Use Map.

            Commissioner Mathis stated regarding the county wide economic development issues and according to the proposed draft, some of the problems is the supply of available land for industrial development, lagging retail services and the jobs to housing imbalance.  Once the Economic Impact Study is completed, a review of what’s being proposed as far as the Commercial and Office and Institutional Uses and the possibility of adding more of the areas into the county to make sure there is an adequate supply for the future.

            Mr. Gibson stated there will be a meeting with Georgia Tech regarding a web-fit program.  If the information is received within three (3) months the information can used to make any recommended changes within the report.

            Commissioner Stamey requested the low density residential uses be removed from the eastern portion of the county and follow the watershed protection district boundary lines running north from the Ola School (at Ola Road and Wilson Road) running north going towards Highway 20.  The reason for the request is the subject area is the area furthest away from a major highway (State Road or Interstate); the area is rural.  (From Wilson/Snapping Shoals east to North Ola Road up to the Highway 20 area following the Walnut Creek Watershed District line)

            Mr. Gibson stated for clarification, Commissioner Stamey’s request is to follow the North Ola Road line and veer off and follow the Walnut Creek Watershed District line up to Highway 20.  Commissioner Stamey stated that was correct.  It will go east to the county line and south of Highway 81 the line will follow the Tussahaw Creek boundary line.

            Commissioner Bowman stated there has been discussion regarding making sure the map is correct.  Within District 4 there are R-2 Developments shown as RA on the map.  Commissioner Bowman would like to make sure those areas are changed and shown correctly on the map.

            Mr. Gibson stated those changes had been made.

            Commissioner Stamey made the motion to approve the proposed map with the following amendments:

·        low density residential uses be removed from the eastern portion of the county and follow the watershed protection district boundary lines running north from the Ola School (at Ola Road and Wilson Road) running north going towards Highway 20. (The line will follow the North Ola Road line and veer off and follow the Walnut Creek Watershed District line up to Highway 20. It will go east to the county line and south of Highway 81 it the line will follow the Tussahaw Creek boundary line.)

·        The recommendation from the Zoning Advisory Board showing the eastern portion of the County as Rural Residential.

Commissioner Mathis seconded the motion.

Chairman Harper stated for clarification the motion is to approve the original map and the recommendation from the Zoning Advisory Board which alters the eastern portion of District 1 to Rural Residential and also the changes in District 3. 

The motion carried 4-1-0 with Commissioners Mathis, Stamey, Bowman and Basler in favor and Commissioner Holder opposed.

Mandalay Properties, Inc. of McDonough, GA – RZ-07-08

            Mandalay Properties, Inc. of McDonough, GA requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located at 277 Kelleytown Road.  The property is located in Land Lot 71 of the 11th District, consisting of 19.778+/- acres.  The request is for the development of a residential subdivision.  The Zoning Advisory Board recommended Approval on May 24, 2007.

            .  Stacey Jordan, Chief Planner presented the agenda item to the Board. The applicant requests to rezone 19.778 +/- acres to R-2 for the development of a twenty-one (21) lot single-family residential subdivision.  The Future Land Use Map calls for a maximum of 2.5 dwelling units per acre for the subject area. 

            Royce Grant, 126 N. Bethany Road, represented the applicant.  Mr. Grant stated the proposal is consistent and meets the Current Land Use Map as well as the Future Land Use Map.  The applicant agreed with the proposed seven conditions (Draft 2 of the resolution). 

            Commissioner Basler asked for the total net density.  Mr. Jordan stated the total net density is 1.18 dwelling units per acre. 

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

            Commissioner Holder asked the applicant if he agreed and was clear as to what condition # 5 means (Applicant shall coordinate with the Georgia Department of Transportation to preserve right-of-way along the site’s frontage for the Kelleytown/Ford/SR 155 project.)  Mr. Grant stated in the site plan some of the lots are a little larger, so the lots will be pushed as far north as possible of Kellytown Road.  There will be enough area set aside for the entire right-of-way acquisition. 

            Commissioner Bowman asked for clarification of condition #4 (The road frontage of the property outside of the right-of-way shall be landscaped to provide a visual screen/buffer meeting the requirements of the Development Plan Review Department. The landscaping within the buffer shall exceed the minimum requirements of the Ordinance with a minimum of two (2) rows of screening evergreens planted every twenty feet (20’) on center, staggered).  Mr. Jordan stated the condition includes the entire road frontage. 

            Commissioner Basler made the motion to approve the request to rezone 277 Kelleytown Road from RA (Residential-Agricultural) to R-2 (Single-Family Residence) with seven (7) conditions; Commissioner Holder seconded.  The motion carried unanimously approving the following conditions:

1.      The maximum number of lots shall not exceed twenty-one (21).

 

2.      The heated floor space shall consist of a minimum of 2,600 square feet.

 

3.      Outside building materials shall consist of brick on all sides or a combination of at least two (2) of the following on all sides: brick, stone, stucco, or cement fiber board. Vinyl shall only be allowed on soffits and fascia.

 

4.      The road frontage of the property outside of the right-of-way shall be landscaped to provide a visual screen/buffer meeting the requirements of the Development Plan Review Department. The landscaping within the buffer shall exceed the minimum requirements of the Ordinance with a minimum of two (2) rows of screening evergreens planted every twenty feet (20’) on center, staggered.

 

5.      Applicant shall coordinate with the Georgia Department of Transportation to preserve right-of-way along the site’s frontage for the Kelleytown/Ford/SR 155 project.

 

6.      Applicant shall secure a bond or  letter of credit in an amount agreed upon by Henry County to include design, construction, utility relocation, or any other associated cost necessary to build a deceleration lane/acceleration taper. Design shall meet the requirements of Henry County.  The bond or letter of credit shall be given to Henry County before final plat approval.  Henry County will release the bond or letter of credit once the deceleration lane/acceleration taper is constructed on the realigned Kelleytown Road or once GDOT agrees to construct the improvement as a result of a right-of-way acquisition agreement.

 

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.

 

William and Cathy Graham of Locust Grove, GA – RZ-07-10

            William and Cathy Graham of Locust Grove, GA request a rezoning from RA (Residential Agricultural) to PD (Planned Development) for property located at 2467 Hampton-Locust Grove Road.  The property is located in Land Lot 209 of the 2nd District, consisting of 22.0+/- acres.  The request is for the development of a mixed use Planned Development. The Zoning Advisory Board recommended Denial, May 24, 2007.         

            Stacey Jordan, Chief Planner presented the agenda item to the Board.  The applicant proposed to develop 22.32 +/- acres consisting of 37 lots in the residential pod and 1.5 +/- acres within a commercial pod.  Approximately 5 ½ acres will be taken for the Hampton/Locust Grove Road expansion.  The net dwelling units per acre for the residential pod are approximately 2.84 dwelling units per acre and does not include the 1.5 acres for the commercial.  Planning & Zoning Staff recommended approval of the request.

            Greg Ivey represented the applicants for the rezoning.  There are 37 total lots proposed with 9 lots from 10,890 to 11,000 square feet; 14 lots from 11,000 to 13,000 square feet; 7 lots from 13,000 to 18,000 square feet; and 7 lots from 18,000 to 35,000 square feet.  The property is surrounded by existing subdivisions.  Whispering Willows, a subdivision within the area, was approved as a PD (Planned Development) with a mixture of R-2 and R-3 lots.  Phase II of the Wycliff Subdivision was zoned R-2 in the year 2000 with a 1,500 square foot minimum of heated floor space.  Westin Park subdivision was zoned R-2 with 82 lots and has a 2,200 square foot minimum of heated floor space.  The proposed development is within the character of the area.  The net density for the project is 2.84, and that is flexible. 

            Commissioner Basler asked for clarification on whether the proposed rezoning met the requirements of the Future Land Use Map.  Mr. Jordan stated the Future Land Use Map called for 2.5 net density.

            Chairman Harper called for public comments from anyone wishing to speak in opposition to the rezoning request.  Those speaking in opposition were:

·        Albert Spears a resident of the County and lives in the area.

·        Calvin Cain a resident of the County and lives at 808 Haygood Court.

·        Be Be Morrison a resident of the County and lives at 397 Glouchester Drive.

            Chairman Harper called for public comments from anyone wishing to speak in favor of the rezoning request.  Those speaking in favor were:

·        Lisa Payne a resident of the County and lives at 148 Wycliff Drive

·        Cathy Graham a resident of the County and the owner of the subject property at 2467 Hampton-Locust Grove Road.

Mr. Ivey stated that there no alternate plans for the subject property other than what was presented on the site plan.  There is no objection to removing the commercial component.  The first plan was for an R-2 Conservation Subdivision and after reviewing the zoning requirements the requested right-of-way has caused a problem and that is why the zoning request changed to the current request.

Commissioner Stamey asked what the yield for an R-2 Conservation Subdivision would have been.  Mr. Jordan stated it would have been 42 lots.

Mr. Ivey stated that original plan of 42 lots did not include the taking of the right-of way.  It was stated that the plan should include the right-of-way as it is and the yield was 42 lots.

Commissioner Stamey asked the applicant the proposed cost for the homes.  Mr. Ivey stated due to the cost of the lots the homes will have to range from $290,000 to $300,000 because the numbers will not work for a builder to build a less expensive house. 

Commissioner Bowman asked if the right-of-way was being sold to the County or donated.  Mr. Ivey stated the intentions were to donate the right-of-way to the County.

Commissioner Bowman stated if the right-of-way was not donated to the County and the County paid Fair Market Value for the right-of-way then the applicant could revert back to the original R-2 with 18,000 square feet.  Because the applicant is donating the right-of-way, they can’t make the R-2 work.  If this is causing them a hardship then the right-of-way should be sold to the County for Fair Market Value.

Commissioner Mathis stated the question is the value of the right-of-way and does the County have the money available to purchase the right-of-way at this time and should there be an agreement or explore the option of the requested rezoning.

Commissioner Holder asked the applicant if he would be amenable to a net density of 2.5.  Mr. Ivey stated that would be fine, it would mean two lots will be lost,  or remove the commercial area but keep the number of lots at 37. 

Commissioner Stamey asked the applicant to consider tabling the request for 30 days and reconfigure the layout for an R-2 removing the commercial component and discuss with Henry County Department of Transportation about the purchase of the right-of-way. 

Commissioner Mathis stated everyone agrees that commercial is not appropriate in the area and if the applicant is willing to table the request for the 30 days, maybe a different solution can be presented.

Mr. Ivey stated that would be fine, but his understanding was there were no funds available to buy the right-of-way and this could be drawn out.  The first phase of the road improvements are slated to begin in the 2014 and they will begin on the other side of Highway 155.  Mr. Ivey stated if there was not the issue of the right-of-way, he would be fine with a straight R-2 with 18,000 square foot lots; no commercial use.

Commissioner Mathis made the motion to table the request to the July 17th meeting; Commissioner Stamey seconded.  The motion carried unanimously.

PUBLIC WORKS

Abandonment of a portion of a public road known as Kings Mill Road

            Terry McMickle, Public Works Division Director presented the agenda item to the Board.  The request is to abandon the remaining portion of King Mill road.  Henry County Department of Transportation did not see a need to continue use of this portion of road as a public road.  All requirements have been met.

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

            Commissioner Holder made the motion to approve the abandonment of said portion of King Mill Road; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Larry M. Allen, Ralph J. Allen, and Lambert Family Investors, LLLP , has filed with the Board of Commissioners of Henry County, a Petition for Partial Abandonment of a portion of a public road known as King Mill Road , located in Land Lots 219 of the 7h 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

 

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 King Mill Road ought to be abandoned by the aforesaid Petitioners;

 

NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, at its public meeting duly assembled, that a portion of King Mill Road shown marked on a plat which is attached hereto marked Exhibits “A”, 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.

 

SPLOST/CAPITAL PROJECTS

Bid Award for the construction of an addition and alterations to the Jail

            Roy Clack, SPLOST/Capital Projects Director presented the agenda item to the Board.  Construction has begun on this project.  The jail pods are complete and ready to be moved once the site is ready.  Bids were solicited for the construction of the jail, the administrative section and some renovations to the existing facility.  Bids were solicited and four (4) bids were received.  Staff recommended the bid be awarded to Ordner Constructions Co., Inc.  Ordner Construction constructed the new judicial center and is currently completing a similar jail addition in Butts County.  This project is a capital project.

            Commissioner Holder asked if funding for the completion of the project was available.  Mike Bush, Finance Director stated funding is available for the complete project.

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

WHEREAS, the Henry County Jail Additions and Alterations is a Henry County capital project; and

 

WHEREAS, Sealed bids were solicited for the construction of an addition and alterations to the Henry County Jail; and

 

            WHEREAS, three (3) sealed bids were received and reviewed; and

 

            WHEREAS, staff recommends the low bidder, Ordner Construction Co., Inc. for a total bid amount of $14,320,000.00; and

 

            WHEREAS, funds are available from the appropriate accounts for this jail addition and alterations; and

                                               

            NOW, THEREFORE, BE IT RESOLVED the Henry County Board of Commissioners approves the proposal of Ordner Construction Co., Inc. and authorizes the Chairman of the Board to sign all necessary documents for the construction of an addition and alterations to the Henry County jail.

 

APPOINTMENTS TO THE STORMWATER COMMITTEE

            Chairman Harper to reappoint Todd Ernst; Commissioner Stamey to appoint Tom Gaby; Commissioner Basler to appoint Donnie Ward.  Commissioner Stamey made the motion to approve the appointments; Commissioner Basler 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, July 2nd @ 9:00 a.m. and Tuesday, July 3rd @ 9:00 a.m., Regular BOC meetings – MEETINGS HAVE BEEN CANCELLED

2.      Called meeting, Monday, July 9, 2007, at 11:00 a.m.

3.      Monday, July 16th @ 9:00 a.m. and Tuesday, July 17th @ 6:30 p.m., Regular BOC meetings

ADJOURNMENT

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