The Henry County
Board of Commissioners held a Public Meeting at 6:30 p.m. on Tuesday, June 19,
2007, in the Community Room,
Jason T. Harper, Chairman,
Warren E. Holder, District I Commissioner
Elizabeth (“B.J.”) Mathis, Vice-Chairman, District II Commissioner
Randy Stamey, District III Commissioner
Reid A. Bowman, District IV Commissioner
Johnny B. Basler, District V Commissioner
were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob
Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Terry
McMickle, Public Works Division Director;
(NOTE: Audio of
this meeting is available with the
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
Jimikius Harris of Hampton, GA appeals the denial of a conditional use
permit for property located at
PLANNING AND ZONING
Joint Henry County/Cities Comprehensive Plan
Gibson, Director of Planning & Zoning, presented the agenda item to the
Board. Notice is hereby given that
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n Update outdated plan to new state standards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
Seek to preserve greenspace and accommodate
needed economic development through
Coordination with the Comprehensive Transportation Plan involved:
n Joint public involvement effort
n Used same base demographics:
o 2005 Population of 167,000
o 2030 Population of 429,360
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 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
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
· 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
Activity Centers– A Old Solution for Henry’s Future
· 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 Civic function
o Open Space
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
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
· Projects and programs outlined in the Short-term Work Program
n Public investment in infrastructure
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.
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
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.
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.
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.
Mr. Gibson stated for clarification,
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.
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
· The recommendation from the Zoning Advisory Board showing the eastern portion of the County as Rural Residential.
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.
motion carried 4-1-0 with Commissioners Mathis, Stamey, Bowman and Basler in
Properties, Inc. of
Properties, Inc. of
. 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.
Commissioner Basler asked for the total net density. Mr.
Chairman Harper called for public comments from anyone wishing to speak in opposition to the request; there was no response.
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.
Commissioner Basler made
the motion to approve the request to rezone
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.
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
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.
and Cathy Graham of
William and Cathy Graham of
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
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
Basler asked for clarification on whether the proposed rezoning met the
requirements of the Future Land Use Map.
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.
Cain a resident of the County and lives at
Morrison a resident of the County and lives at
Chairman Harper called for public comments from anyone wishing to speak in favor of the rezoning request. Those speaking in favor were:
Payne a resident of the County and lives at
Graham a resident of the County and the owner of the subject property at
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.
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 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.
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.
of a portion of a public road known as
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.
Holder made the motion to approve the abandonment of said portion of
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.
Bid Award for the construction of an addition and alterations to the Jail
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
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
WHEREAS, Sealed bids were solicited
for the construction of an addition and alterations to the Henry
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
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.
There were no comments.
COUNTY ATTORNEY COMMENTS
There were no comments.
There were no comments.
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