STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 6:30 p.m. on Tuesday, July 17, 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 announced that the following item would not be heard at this meeting:

Jimikius Harris of Hampton, GA; AP-07-06; Commissioner Mathis, District 2 (Presenter:  Ray Gibson, Director) (Exhibit # 19)

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.  The Zoning Advisory Board Denied the conditional use on April 26, 2007.  The Zoning Advisory Board will hear the case again on July 12, 2007.

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

          Chairman Harper announced the National Association of Counties issued the 2007 NACO Achievement Award to Henry County for the development and programs offered at Nash Farms Battlefield. 

PUBLIC WORKS

Partial abandonment of Dutchtown Road

          Terry McMickle, Public Works Division Director presented the agenda item to the Board.  The request is to abandon a portion of Dutchtown Road.  The road was realigned and improved to the west and there is no longer a need to keep the old section of Dutchtown Road.  Once the road is abandoned for public usage, since there was a prescriptive right-of-way, the property would revert to the property owners.

          Commissioner Mathis made the motion to approve the request; Commissioner Basler seconded. 

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

          The motion carried unanimously approving the following resolution:

          WHEREAS, BEC Properties and Holdings, LLC has filed with the Board of Commissioners of Henry County, a Petition for Partial Abandonment of a portion of public road known as Dutchtown Road located in Land Lots 87, 88, 105 and 106 of the 6th 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 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 Dutchtown 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 Dutchtown Road shown marked on a plat which is attached hereto marked Exhibit “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.

          BE IT FURTHER RESOLVED, that the Chairman is authorized and directed to execute, on behalf of Henry County, a Certificate of Abandonment to evidence such action.

PLANNING AND ZONING SERVICES

N & A Specialty Coatings, Inc. of McDonough, GA – MC-07-04

N & A Specialty Coatings, Inc. of McDonough, GA requests a modification to a zoning condition for property located at 92 Keys Ferry Road.  The property is located in Land Lots 145 & 146 of the 8th District, consisting of 1.68 +/- acres.  The request is to modify a condition regarding the construction of an acceleration taper/deceleration lane.  The Zoning Advisory Board made no recommendations.

          Ray Gibson, Director of Planning & Zoning presented the agenda item to the Board.  The subject property was rezoned from RA to C-1 on March 21, 2006 with seven (7) conditions of zoning.  The applicant’s request is to modify condition #6 which reads:

          6. The applicant shall construct acceleration/deceleration lane taper at the entrance to the site.  Adequate intersection site distance shall be provided based on the posted speed limit.

          The applicant would like for the condition to be modified to read:

          6.  Should the subject property undergo a change in ownership or use, the required acceleration taper/deceleration lane shall be reviewed by the Henry County Department of Transportation and the Planning and Zoning Department to determine if they are required.  Adequate intersection sight distance shall be provided based on the posted speed limit on Keys Ferry Road.

The modification is being requested do to the fact that the applicant will only have four (4) employees working in the office on the subject property.  There will be no clients or customers coming to the site.  The Zoning Advisory Board did not make a recommendation because their concerns were how the change of ownership and the change of use can be monitored. 

Commissioner Mathis stated she had the same concerns as the Zoning Advisory Board and asked staff how this can be monitored.

Mr. Gibson stated the only way to monitor it is if there was a change in the use and the proposed a new development of the property would have to be submitted to Development Plan Review or the Business License Departments. 

Commissioner Holder commented that the accel taper would be in conflict with the decel lane for the business that is located on the corner of Keys Ferry and Highway 81. 

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

The applicant was present and agreeable to the requested amendment to condition #6.

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

WHEREAS, N & A Specialty Coatings, Inc. (MC-07-04) applied for a modification to a zoning condition that was placed by the Board of Commissioners on March 21, 2006 for property located at 92 Keys Ferry Road.  The property is located in Land Lots 145 & 146 of the 8th District, consisting of      1.68 +/- acres (Parcel ID Numbers: 167-01-030-000); and

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

WHEREAS, the request was to modify a zoning condition regarding the construction of an acceleration taper/deceleration lane along the subject property’s frontage; 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 made no recommendation for the request on June 14, 2007; and

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approved the above modification of a zoning condition to read as follows:

6.  Should the subject property undergo a change in ownership or use, the required acceleration taper/deceleration lane shall be reviewed by the Henry County Department of Transportation and the Planning and Zoning Department to determine if they are required.  Adequate intersection sight distance shall be provided based on the posted speed limit on Keys Ferry.

 

Do Right Home Builders, Inc. of McDonough, GA – RZ-07-07

          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 on May 24, 2007.

          Stacey Jordan, Planner II presented the agenda item to the Board.  The request for PD (Planned Development) is different from previous PD’s in that it includes general commercial, office institutional, multi-family, two-family and single-family.  The product ranges from cottages to duplexes/townhomes and also single-family houses.  The Zoning Advisory Board recommended approval with eighteen (18) conditions.

          Chairman Harper asked staff how many total residential units are being proposed.  Mr. Jordan stated there are ninety-six (96) proposed. 

          Commissioner Bowman asked staff what the Future Land Use Map shows for the subject property.  Mr. Jordan stated fronting on Jodeco Road the map calls for commercial and services and on the back it calls for low-density residential up to 1.0 dwelling units per acre because Harold Drive is considered a local road.  The proposed development will have access from Harold Drive and Jodeco Road; Jodeco Road is considered a major arterial road.  The subject property is adjacent to the Meadows of Jodeco.  Mr. Jordan added that there is a proposed Development Agreement to go along with the request. 

          Commissioner Stamey stated the proposal indicates the total number of residential units is proposed at a net density of 5.4 units per acre and a variance for 7.9 units.  Mr. Jordan stated the Zoning Ordinance limits RD (Duplexes) to 2.9 dwelling units per acre.  The subject pod within the proposal is 7.9 so a variance from the 2.9 requirement is needed in order to have the proposed duplexes.  The variance for the density applies only to the RD Pod within the development.  All the residential pods together are 5.4 dwelling units per acre. 

          Commissioner Stamey stated the overall density for the Meadows Subdivision is 5.11; what is the minimum house?  Mr. Jordan stated in the Meadows Subdivision the minimum house is supposed to be 1,800 square feet and for the proposed development the smallest are the cottages and they begin with a minimum house size of 950 square feet and go up.  Mr. Gibson clarified that in the Meadows Subdivision the minimum house size is 1,800 square feet and that includes the garage area. 

          Commissioner Holder asked what the requirement of the Ordinance is as far as access to a development onto a local road.  Mr. Jordan stated if the development was zoned straight R-2 with over eight acres, there would have to be access to a major or minor arterial road. 

          Commissioner Basler asked how many cottages are being proposed.  Mr. Jordan stated there are 24 proposed and they are clustered around grassy quads. 

          Wanda Moore, DWSmith Design Group represented the applicant.  A letter protecting the applicant’s constitutional rights was submitted to the Planning & Zoning Department on July 13, 2007.  The development is a proposed Planned Development with a net density of 5.4.  The total site acreage for the Planned Development has 27 acres.  In a Planned Development, when you calculate density, you remove office, public roads, commercial or anything that’s not residential.  For this proposed development it leaves a gross residential acreage of 20.3.  The Meadows subdivision has an RM Zoning and they have 20.2 of gross acreage that was developed for residential use.  The proposed development (The Woodlands) has as far as gross density (20 +/- acreages and 96 units) it is at 4.7.  The Meadows has 20 acres and 102 units and the gross density is 5.1.  If the proposed development was zoned RM as the Meadows subdivision, there could be 108 units.  When the calculations go through different land uses, depending on what has to be deducted, the density is affected.  The Planned Development will provide an office use where people could actually work and live within the development.  The development will be a gated community.  There is an agreement with Don Henry for the commercial use to provide an inter-parcel connection with the development to commercial.  The square footage for the cottages is flexible.  The cottages are zoned RM because they are attached units.  In the RM zoning classification there is a 650 square feet minimum for a one-bedroom unit and 950 square feet minimum for a two-bedroom unit.  The product and the market that the plan is geared towards are seniors, single professionals and people who would only need a one car garage. The applicant has read the development agreement and all the conditions and is amenable to those. 

          Chairman Harper asked how the cottages in the rear would be accessible for public safety.  A public safety representative state this had been addressed with the applicant and there will have to be an access road.  That will be discussed when the design is submitted for review.

          Commissioner Mathis asked the applicant if the proposal was for a gated community.  Ms. Moore stated yes.  Commissioner Mathis also asked why this development was not being marketed as an active adult or senior community.  The mix of product as well as not restricting the age gives a broader base to market the product. 

          Commissioner Holder asked for the price point for the 950 square foot cottages.  Ms. Moore stated they start in the 170’s and up. 

          Ms. Moore stated the applicant would be fine with removing the request and the property be zoned RM and developed like the Meadows.  The plan originally submitted has 100 units, most are quads and there are a few duplexes. 

          Commissioner Mathis asked if the cottages would be maintenance free.  Ms. Moore state as part of the Homeowners Association they would maintain the landscaping and the common grounds.  The owners of the cottages will have fee simple ownership where they will be able to garden in their yard.  The duplexes and townhomes as well, the only thing that will not be maintained on the townhomes would be the garden between the garage and the unit itself. The single family homes would be maintained by the Homeowners Association. 

          Commissioner Mathis asked if there would be a fence around the perimeter of the property.  Ms. Moore stated it is believed to be a fence already in place along the Meadows subdivision. 

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

          Commissioner Bowman asked the applicant if they would be amenable to increasing the 950 square foot minimum for the cottages to 1,150 square feet.  Ms. Moore indicated that would be amenable.  Also would they be amenable to increasing the ranch condos to 1,250 square feet.  Ms. Moore indicated yes.

          Commissioner Bowman made the motion to approve the request with the following amendment:

          The cottages shall be a minimum of 1,150 square feet and the ranch condos shall be a minimum of 1,250 square feet. 

          Commissioner Bowman amended the motion to include approval of the Development Agreement. 

Chairman Harper asked the applicant if they were in agreement with the modifications to the development agreement.  Ms. Moore stated yes.

Commissioner Holder seconded the motion.  The motion failed 2-3-0 with Commissioners Bowman and Holder in favor and Commissioners Basler, Stamey and Mathis opposed.

Chairman Harper stated his understanding from the applicant is that if the initial request was denied, they would accept an RM zoning.  Ms. Moore stated that was correct.

Commissioner Stamey stated there was a plan shown with a multi-family component; is there any commercial or office institutional in that plan or is it straight RM.  Ms. Moore stated that was correct, straight RM.  Commissioner Stamey asked for the proposed square footage of those homes.  Ms. Moore stated they would be comparable to the Meadows subdivision which would be 1,350 minimum square feet heated.  Mr. Jordan stated that the condition for the Meadows stated the homes would be a minimum of 1,800 square feet.  Mr. Gibson stated some of the units that are under the 1,800 square feet requirement and also there are two-story units in the Meadows.

Chairman Harper asked how many residential units are proposed for the RM zoning as opposed to the Planned Development that was requested.  Ms. Moore stated there are 100 units proposed for the RM zoning classification and 96 units proposed for the Planned Development.

Commissioner Stamey stated the problem he had with the Planned Development is the cottages; if there was some way to modify the cottages and convert them into duplexes that would be fine.

Ms. Moore stated if the Board wished to approve the zoning and eliminate the cottage home product, it would give the flexibility to have more townhomes, quads, duplexes or whatever would work for the area. The applicant would be agreeable. 

Chairman Harper stated the requested zoning (Planned Development) would benefit the county for a tax base purpose because there would be commercial and office institutional which would ad to the tax base and there would be fewer homes.

Ms. Moore stated in the RM zoning the roads would not be private because the community would not be gated, therefore the roads would have to be maintained by the county.

          Commissioner Bowman asked the applicant if it was possible to shift the quad units forward and have more single family homes as opposed to having more quads or duplexes.  Ms. Moore stated they can work with the plan and if there is a condition that the site plan is approved as well by Planning and Zoning, as long as there are 96 units the applicant can work with staff on developing a plan for the residential component that works for staff.

          Commissioner Bowman asked if there had to be 96 units.  Ms. Moore stated it’s something that is comparable to something that you could possibly have if there was a RM zoning.

          Chairman Harper asked if the RM pod was removed and replaced with the Meadows concept, would that replace the 24 cottages.  Ms. Moore stated it would be close, probably 8 units less. 

          Patrick Jaugstetter reminded the Board their options are not RM or the proposed plan, the options are whatever zoning classification and conditions the Board thinks would be appropriate. 

          Ms. Moore stated if the Board would like to remove the 24 cottages and replace them with 24 duplexes or quads or whatever works, that would be agreeable.

          Commissioner Holder asked if the applicant would be opposed to removing the entrance to Harold Drive.  Ms. Moore stated if there are 30 units or more the Fire Department wants two access points.  Commissioner Holder stated there are 2 access points without the Harold Drive entrance.

          Staff stated the Board could consider having an emergency entrance onto Harold Drive.

          Terry McMickle, Public Works Division Director stated it would be nice to have the access to Harold Drive for connectivity.

          Mr. Gibson stated the Development Agreement would have to be amended according to the motion.

          Commissioner Bowman made the motion to approve the request for a PD with the following amendment:

1.     All portions related to the RM Pod and RD Pod are removed and replaced with all townhome, duplexes, or quadroplexe units not to exceed 60 units total within both Pods. The duplexes shall be a minimum of 1,250 square feet of heated space.

2.     Approval of the Development Agreement.

Commissioner Holder seconded the motion. 

Chairman Harper stated for clarification the R-3 Pod will be no more than 36 units and the RM and RD Pods combined will be no more than 60 units.

The motion carried unanimously approving the following resolution.  The development agreement will be on file in the County Clerk’s office.

WHEREAS, Do Right Home Builders, Inc. of McDonough, GA (RZ-07-06) applied to rezone property from RA (Residential-Agricultural) to PD (Planned Development) for the development of a mixed use planned development located on the north side of Jodeco Road and south side of Harold Drive, west of Peach Drive (Parcel ID Numbers: 071A-01-020-000, 071A-01-021-000, 071A-01-022-000, 071A-01-040-000) in Land Lots 49 and 80 of the 6th District, consisting of 27.0+/- 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 approval from RA (Residential-Agricultural) to PD (Planned Development) on May 24, 2007; 

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the above rezoning request with the following eighteen (18) conditions:

1.     There shall be a mandatory Homeowners’ Association that shall oversee the maintenance of all common areas of the proposed development. 

 

2.     The Development Plan Review Department shall approve the architectural design of all proposed building plans prior to the issuance of a building permit. 

 

3.     Dumpsters within the commercial pods shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosure shall be consistent with the primary structure, and shall not exceed eight feet (8’) in height.

 

4.     There shall be a Master Sign Plan reviewed and approved by the Planning and Zoning Department prior to issuance of the first sign permit.

 

5.     Streetlights and underground utilities shall be required.

 

6.     Lighting within the commercial and office pods shall be of moderate brightness and consist of downcast lighting.

 

7.     A detailed landscaping plan shall be submitted.  The Development Plan Review Department shall have final approval of the plan prior to issuance of any permits.

 

8.     Applicant must coordinate with SPLOST to preserve right-of-way for future Campground Road Extension/Jodeco Road widening project.

9.     Vehicular and pedestrian connections shall be provided between the single-family residential pod on northwestern portion and the office pod on the southwestern side of the development.

 

10.                        Entrances on Jodeco Road and Harold Drive shall have acceleration tapers/deceleration lanes, to be designed and constructed to Henry County Department of Transportation standards.

 

11.                        Entrances shall meet the minimum intersection sight distance requirement per the posted speed limit of the road.

 

12.                        Sidewalks along Harold Drive shall be constructed in accordance with the Henry County Department of Transportation.

 

13.                        Outside storage of materials or equipment shall be prohibited.

 

14.                        The development shall meet the density requirements set forth in Section 3-7-157 PD (Planned Development District) of the Henry County Code.

 

15.                        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.

 

16.                        The development shall meet all applicable Fire, Building and Accessibility Codes.

 

17.                        Exterior building materials shall be a combination of brick, stone, stucco and cement fiberboard.

 

18.                        The Master Development Plan booklet entitled “Woodfield Crossing Planned Development,” produced by the D.W. Smith Design Group, dated February 19, 2007, shall be used as a development guide for the proposed project.

 

19.                        All portions related to the RM Pod and RD Pod are removed and replaced to all townhome, duplexes, or quadroplexe units not to exceed 60 units total within both Pods. The duplexes shall be a minimum of 1,250 square feet of heated space.

 

20.                        Approval of the Development Agreement.

 

William & 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 on May 24, 2007.

          Chairman Harper stated this rezoning was postponed by the Board of Commissioners on June 19, 2007 to allow for dialog between the County and the applicant concerning the acquisition of the future Hampton-Locust Grove Road right-of-way that would reduce the density of the development.

          Patrick Jaugstetter, County Attorney stated the county will purchase 5.51 +/- acres for right-of-way.  There will be no development on that property. 

          Stacy Jordan, Chief Planner stated the site plan shows 28 lots to be developed at a minimum of 18,000 square foot lots.  The applicant has agreed that the minimum house size would be 2,200 square feet.  The resolution presented is a denial of the original request for PD and approval of R-2.  The development has gone from 37 lots to 28 lots and there will be no commercial. 

          Greg Ivey represented the applicants.  There is an agreement after working on this project for approximately a year and a half.  Mr. Ivey stated he agreed with the 28 lots and the R-2 zoning.  The gross density for 16.83 +/- acres is 1.66 units per acre and the net density is 2.05 units per acre which is less than the 2.84 on the 37 lot layout presented at the June 19th meeting.

          Chairman Harper asked Mr. Ivey if he was in agreement with the development conditions.  Mr. Ivey stated yes.

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

·        Don Plumner a resident of the county who lives at 413 Glouchester Drive

Commissioner Mathis made the motion to deny the applicants request for a PD and approve R-2 with the conditions listed in the resolution; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, William and Cathy Graham of Locust Grove, GA (RZ-07-10) applied to rezone the subject property from RA (Residential-Agricultural) to PD (Planned Development) for the development of a mixed use planned development.  The property is located at 2467 Hampton-Locust Grove Road (Parcel ID Number 079-01-007-001) in Land Lot 209 of the 2nd District, consisting of 22.0+/- 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 on May 24, 2007;

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the above rezoning request for PD and approves R-2 (Single-Family Residence) with the following conditions:

1.     The maximum number of lots shall not exceed twenty-eight (28).

 

2.     The minimum allowable lot size shall be 18,000.

 

3.     The heated floor space shall consist of a minimum of 2,200 square feet.

 

4.     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.

 

5.     Entrance onto Hampton-Locust Grove Road shall have an acceleration taper/deceleration lane, to be designed and constructed to Henry County Department of Transportation standards.

 

6.     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.

Mandalay Properties, Inc. of McDonough, GA – RZ-07-11

          Mandalay Properties, Inc. of McDonough, GA requests a rezoning from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for property located on the north side of Noah’s Ark Road, east of Pates Creek Road.  The property is located in Land Lot 41 of the 6th District, consisting of 17.55+/- acres.  The request is for the development of a residential subdivision.  The Zoning Advisory Board recommended Approval on June 14, 2007.

          Ray Gibson, Director of Planning and Zoning presented the agenda item to the Board.  There are numerous R-2 zoned properties in the surrounding area of the subject property.  The Future Land Use Map designates the subject property for low density residential land uses not to exceed 1.25 dwelling units per acre.  The proposed development would utilize septic tank systems.  The concept plan submitted by the applicant illustrates 17 lots on approximately 15.3 net usable acres for a net density of 1.1 dwelling units per acre.  This is a change from the 1.09 dwelling units per acre in the report because the detention pond was removed.  The minimum proposed lot size is 30,000 square feet.  The request meets all the zoning requirements for R-2 of the Henry County Zoning Ordinance.

          Commissioner Holder asked if the subject property was located within a Watershed Protection District.  Mr. Gibson stated the property is located just outside the Walnut Creek Watershed Protection District.

          Royce Grant, President of the Mandalay Properties represented the applicant. Mr. Grant stated he had reviewed the 10 conditions recommended by staff and the Zoning Advisory Board and agrees with the conditions.  The request meets the Land Use Map and the Future Land Use Map.  The development will not exceed 17 lots.

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

·        Leon Wilson a resident of the County.

·        Nancy Kerlin a resident of the County.

Commissioner Basler asked Mr. Grant for the price range for the proposed homes.  Mr. Grant stated the starting point would be in the 230’s to the 250’s and be constructed of the three side’s brick and the fourth sided hardiplank.

Chairman Harper asked the applicant to try and shift the entrance for the subdivision to try and avoid Ms. Kerlin’s window.

Commissioner Mathis asked Mr. Grant if he agreed with all sides of the homes to be constructed of brick and allow the hardiplank cedar shakes to be used as accents.  Mr. Grant stated that would be ok.

Commissioner Mathis made the motion to approve the applicants request and reiterated that the net density will be 1.1 unit per acre, a minimum house size of 2,400 square feet of heated space, the home shall be constructed of all sides brick with hardiplank and cedar shakes to be used as accents and the minimum lot size shall be 30,000 square feet and shall not exceed 17 lots and the other conditions within the resolution; Commissioner Basler seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Mandalay Properties, Inc. of McDonough, GA (RZ-07-11) applied to rezone property from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for the development of a residential subdivision located on the north side of Noah’s Ark Road, east of Pates Creek Road (Parcel ID Number: 015-01-006-000) in Land Lot 41of the 6th District, consisting of 17.55+/- 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 approval from RA (Residential-Agricultural) to R-2 (Single-Family Residence) on June 14, 2007; 

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the above rezoning request with the following ten (10) conditions:

1.     Uniform mailboxes throughout the development shall be required.

2.     There shall be a mandatory Homeowner’s Association.

3.     All entrances shall have a deceleration lane/acceleration taper, which shall be constructed to Henry County DOT standards, and shall be placed such that the minimum intersection sight distance is met per the posted speed limit of the road.

4.     All yards shall be sodded to the rear drip line.

5.     Sidewalks shall be required on both sides of interior streets within the development.

6.     Underground utilities and streetlights shall be required.

7.     The minimum house size shall be 2,400 square feet of heated floor space.

8.     All houses shall be constructed of brick or stone on all sides, with hardiplank and cedar shakes as accents.

9.     The minimum lot size shall be 30,000 square feet, not to exceed 17 lots.

10.                        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.

County Manager Comments

          There were no comments

 

County Attorney Comments

          Patrick Jaugstetter, County Attorney discussed with the Board the issues regarding the Indigent Defense Law.  After discussion Commissioner Holder made the motion to authorize the County Attorney to sign the Amicus Brief; Commissioner Mathis seconded.  The motion carried unanimously.

Public Comments

          There were no comments.

Upcoming Meetings

1.     Thursday, July  26th @ 6:30 p.m. a Meeting with the Board of Education at the Henry County Administration Building

2.     Monday, August 6th @ 9:00 a.m. and Tuesday, August 7th @ 9:00 a.m., Regular BOC meetings

3.     Monday, August 20th @ 9:00 a.m. and Tuesday, August 21st @ 6:30 p.m., Regular BOC meetings

Executive Session

          No Executive Session was held.

Adjournment

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

 

 

                                                          Jason T. Harper, Chairman

 

Shay Mathis, County Clerk