STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Regular Public Meeting at 9:00 a.m. on Tuesday, August 7, 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; LaTonya Wiley, Deputy County Attorney; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; Angie Bailey, Social Services 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 the following item was removed from the agenda and would not be heard:

Kelleytown Road, LLC of Stockbridge, GA, RZ-07-15, requests a rezoning from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for property located on the south side of Kelleytown Road, west of Pleasant Grove Road. The property is located in Land Lot 72 of the 11th District, consisting of 88.350+/- acres.  The request is for the development of a residential subdivision. Commissioner Basler, District 5. The Zoning Advisory Board recommended Denial July 12, 2007

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

Presentation of the Draft Regional Transportation Plan

          Mr. John Orr, Program Manger for Long Range Transportation Plan Development at the Atlanta Regional Commission (ARC) made the presentation to the Board.  The presentation was an update on the development of the RTP (Regional Transportation Plan) and the TIP (Transportation Improvement Program). 

          Envision 6 is the regional transportation plan update.  Every three years, per federal requirements, an updated regional transportation plan is required as a region.  As part of the update the amount of money coming into the region has to be reassessed how much growth and also reassessment of where the needs are.  The key issue as a region is rapid growth.  Between the year 2000 and 2006 the Metropolitan Atlanta Region added approximately 900,000 people; more than any area in the entire nation over that period.  Not only has the growth continued but during certain periods it has accelerated.  It is expected by the year 2030 the population will be approximately seven million. 

          Envision 6 Planning Activities 2005-2007:

·        Updated Regional Goals and Policies (RDP-RTP)

·        Unified Growth Policy Map

·        Regional Strategic Transportation System

·        Forecasts of Population, Employment, and Funding

·        Updated Regional Needs assessment

·        Project Prioritization

·        Stakeholder Involvement (all tasks)

RTP Priority Areas - $66.5 Billion Investment Breakdown

·        Manager Current Assets (System Management, Optimization & Operations – Smart Corridors) - $39.6 Billion (60%)

·        Manage Demand (Demand Management – TDM, Bike/Pod, LCI, Others) - $2.1 Billion (3%)

·        Strategically Expand (System Expansion – Transit Road) - $24.8 Billion (37%)

RTP Innovations

·        Truck Only Lanes

·        Express Toll Lanes

·        Light Rail Technology

·        Expressway & Arterial Bus Rapid Transit (BRT)

·        Commuter Rail

·        Streetcar/Trolley

Managed Lanes Concept

·        Proposed expansion of the HOV/Managed Lanes networks all the region’s interstates and also on some the major state routes such as SR 316 and GA 400.

·        Proposed in Henry County are managed lanes from I-75 South from Aviation Blvd. south to SR 155.

 

Regional Strategic Transportation System

·        Improved connectivity

Bottleneck Relief Interchange Concepts

·        Bottleneck relief projects around the region, particularly at interchanges with the interstate.

·        In Henry County the projects are I-675 and I-75 as well as Jodeco Road and I-75.

Bottleneck Relief Regional Bypass Concepts

·        The worst congestion is around most county seats.  These were identified as the highest priority in a lot of communities.

Impact of Implemented E6 RTP

·        What will happen with congestion from now to the year 2030?  It is forecasted that congestion will get worst between now and the year 2030, even after improvements have been implemented.  The reason for this is there is not enough funding to keep up with the rapid population and employment growth.

System Expansion Premium Transit Concept

·        There are a significant amount of transit projects around the region.  The Lovejoy Commuter Rail Line is currently in the Transportation Plan and also the Short Range Transportation Improvement Plan for implementation.  It’s hopefully that the project will be implemented over the next two or three years.

Impact of Implemented E6 RTP

·        Transit Ridership Increase from 2005 up 300,000

·        Transit Share of Work Trips for 5 Major Centers in 2030 – 19% of the trips via transit.

                                                                                                 

          Bicycle and Pedestrian Strategies

·        Major Bicycle and Pedestrian Plan update nearing completion    

·        Focus is regional facilities, centers and corridors

          Smart Corridor Strategies

·        Supplement System Expansion Strategies

·        Cost-effective strategy types: Intelligent Transportation Systems and Signalization

Henry County Major Projects

2014-2030

 
         

 

          Financial Challenges Still Remain

·        Highway Trust Fund Spending is Growing 2X faster than receipts

o       Highway account exhausted FY 2009

o       Transit account exhausted FY 2012

·        Another Decrease in forecast Federal Funds Possible in next RTP

         

          Envision 6 Next Steps

·        Documentation Available July 23

·        Official Public Involvement July 23 – August 23

·        Final Approvals in September

          Commissioner Mathis stated in looking at the proposed list of projects, how safe are the projects, will there be any changes to the 2008 -2013 list or is this what’s being recommended at this time.  Mr. Orr stated these are the recommendations and the objective and desire is to see the projects approved. 

          Commissioner Mathis stated it had been presented to the Board that Henry County would be forced to choose between two projects (Jodeco Road Bridge and I-75 Widening); does the county have to make a choice, both projects are critical.  Mr. Orr stated not to their knowledge, there has been discussions between the department and the county.  A choice would not be forced this late in the process, and they are in support of both projects as they are listed.

          Commissioner Basler asked what the plans are for the truck only lanes north of I-285.  Mr. Orr stated approximately two years ago the Georgia Department of Transportation received a public/private partnership application from a construction firm to construct the project on I-75 North and I-575.  The concept would be to add two managed toll lanes in each direction as well as adding one truck lane in each direction that would probably be a tolled lane as well.  Currently there are public hearings being conducted and this may or may not change.

          Commissioner Holder asked who will make the final determination as to where the money will be spent and which projects will be funded.  Mr. Orr stated in 1991 the Federal Regulations were changed and it strengthen the decision making power that ultimately no federal funds could be spent on a project unless it was in the plan that the NPO Board approved as well as the Transportation Improvement Program.  The funding that goes to the TIP, priorities are being set by various bodies.  Specifically, ARC controls some of the federal funding but the majority of the decisions are made by the DOT Board; that’s for the federal funds.  The local officials set the agenda as it relates to what projects will get done in the TIP and work closely with DOT to make sure the funding is available in the time frame.

          Commissioner Holder asked if there was a difference of opinion between the local government and GaDOT or ARC or GRTA, who would win as far as placing the funds on the projects.  Mr. Orr stated the local governments and ARC can’t veto and can’t help funding authorities fund projects.

          Chairman Harper stated in coming up with the list of projects we went with the 70% congestion formula and 30% other in trying to arrive at a score to score the projects.  Whoever has the highest score would be the one’s to get the projects.  Part of how to arrive at the numbers is 0 to 15 points would be allocated to environmental with 15 being the highest available for a good environmentally sound project.  How were the numbers determined because Henry County’s HOV Lane project received 0 for environmental?  How were the numbers set?  Mr. Orr stated for the environmental score, the numbers were developed through a geographic information system overlay.  Projects were placed on environmental characteristics around the region.  Mr. Orr stated he would check the project mentioned. 

Elections and Registration – Intergovernmental Agreements regarding Elections

          Janet Shellnut, Elections & Registration Director stated she approached each city regarding managing their elections.  The County will manage the City of Stockbridge, City McDonough and the City of Hampton elections.  The City of Locust Grove will mange their elections but there will be a county satellite office for early voting.  Each city will be managed differently. 

          Commissioner Holder made the motion to approve all the Intergovernmental Agreements with the Cities; Commissioner Bowman seconded.  The motion carried unanimously.

PLANNING & ZONING SERVICES

S & W Custom Builders of McDonough, GA – MC-07-06

          S & W Custom Builders of McDonough, GA requests a modification to a zoning condition for property located west of the intersection of Mt. Carmel Road and Quail Drive.  The property is located in Land Lots 138 & 151 of the 6th District, consisting of 12.74+/- acres.  The request is to modify conditions regarding building materials and garages.  The Zoning Advisory Board recommended approval June 28, 2007.

          Stacey Jordan, Chief Planner presented the agenda item to the Board.  The applicant received approval to develop no more than 21 lots on the subject property and is proposing 20 lots.  The request is to modify condition #3 which reads:  All sides of all homes shall be brick or stone (or any combination thereof), no vinyl, hardiplank-type or wood siding shall be permitted except on the eaves, soffits, overhangs and dormers and condition #5 which reads:  All homes shall have two-car side entry garages.  The proposed modification to condition #3 will be consistent with Creekside Estates which is located on North Mt. Carmel Road.  The proposed modification to condition #3 shall read: All houses shall consist of all sides’ brick, stone, stucco, or any combination thereof.  Cement and vinyl-based products may be used as accents in dormers, gables, bay windows, and above the roofline of the houses.  The proposed modification to condition #5 shall read:  All homes shall have two-car side entry garages where feasible.

          Chairman Harper asked the applicant if they were in agreement to making the changes/modifications.  The applicant stated he would be in agreement.

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

          Commissioner Mathis made the motion to approve the request and to clarify condition #3, the side-entry garages where feasible means that where the size and shape of the lot mandates there is a front entry garage not that it’s financially feasible or aesthetically feasible but actually the conditions warrant that.

          The applicant stated he understood the motion but the way  the motion reads, the interpretation would be left up to the inspectors.  There are approximately four lots in a cul-da-sac that they will have to have a front entry garage but everything else should be side entry.

          Representing the applicant was Mr. Thomas Wright, Owner of S & W Custom Builders.

          Doug Gilbert, Building & Inspections Director stated typically it requires 22 to 28 feet for a turn around side entry garage. 

          Commissioner Mathis asked for the specific lot numbers that would be affected by this.  Mr. Wright stated lots #10, #9, #8 and #7.

          Commissioner Mathis asked the applicant if he agreed with a motion to allow front entry garages on lots #10, #9, #8 and #7.  Mr. Wright stated he was in agreement.

          Commissioner Mathis amended the motion to read:  All houses shall consist of all sides brick, stone, stucco, or any combination thereof.  Cement and vinyl-based products may be used as accents in dormers, gables, bay windows, and above the roofline of houses; All houses shall have two-car side entry garages with the exception of lots #10, #9, #8 and #7 where a front entry garage would be acceptable; Commissioner Basler seconded.

          Commissioner Bowman asked regarding condition #3 if the applicant was requesting to allow vinyl-based products on the gables.  Condition #3 previously only allowed hardiplank-type or wood siding and the request now is to allow vinyl.  Mr. Wright stated the proposed homes are the same as what he built in the Creekside subdivision.  If any vinyl is used it would only be on the dormers. 

          Commissioner Bowman stated his concern is the property was zoned with nine (9) conditions and now there is a request for a modification.  The way the modification to condition #3 reads now, vinyl is allowed anywhere. 

          Mr. Wright stated he purchased the property and he would like to replicate the Creekside subdivision.  Commissioner Bowman stated the zoning conditions follow the property. 

          Mr. Wright stated he showed his plans for the property to the Planning & Zoning Department and per the conditions his plans were not acceptable.  Staff stated it was not worded the way it should be.  To have the condition worded the way it should be, there had to be a modification to the building materials to replicate Creekside.

          Commissioner Mathis stated she had visited Creekside Estates and the homes are nice and they look nice also and would like to leave the motion as stated.

          Chairman Harper called for the vote.  The motion carried 4-1-0 with Commissioners Mathis, Holder, Basler and Stamey in favor and Commissioner Bowman opposed.  The following resolution was approved:

WHEREAS, S&W Custom Builders (MC-07-06) applied for a modification to a zoning condition that was placed by the Board of Commissioners on July 18, 2005, for property located west of the intersection of Mt. Carmel Road and Quail Drive in Land Lots 138 & 181 of the 6th District, consisting of 12.74 +/- acres (Parcel ID Numbers: 036-01-016-002); and

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

WHEREAS, the request was to modify zoning conditions regarding building materials and front-entry garages; 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 for the request on June 28, 2007;

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

3.     All houses shall consist of all sides brick, stone, stucco, or any combination thereof.  Cement and vinyl-based products may be used as accents in dormers, gables, bay windows, and above the roofline of the houses.

5.     All houses shall have two-car side entry garages with the exception of lots #10, #9, #8 and #7 where a front entry garage would be acceptable.

 

First Southern Development, LLC of McDonough, GA – RZ-07-14

First Southern Development, LLC of McDonough, GA requests a rezoning from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for property located at 2477 Old Conyers Road. The property is located in Land Lot 131 of the 11th District, consisting of 21.69+/- acres.  The request is for the development of a residential subdivision. The Zoning Advisory Board recommended Approval July 12, 2007.

Ray Gibson, Director of Planning & Zoning presented the agenda item to the Board.  The subject property is surrounded by numerous R-2 zoning districts.  The Future Land Use Map designates the subject property for low density residential land uses not to exceed 2.5 dwelling units per acre.  A revised conceptual site plan was submitted and the major difference is the applicant is removing the floodplain or the net acreage and reducing it from 21.6 to 14.23.  The concept plan illustrates 27 lots on 14.23 net usable acres for a net density of 1.89 dwelling units per acre with a minimum lot size 18,000 square feet.  The request meets all the R-2 requirements per the Ordinance and the Zoning Advisory Board recommended approval with 17 conditions of zoning.  Condition #13 caps the development at 26 lots.

Mr. Blake Edge, Attorney for First Southern Development, LLC and also Mr. Doug Moore, Land Planner represented the applicant.  Mr. Edge emphasized that the request complies with the land use plan.  The average gross lot size is 34,900 square feet and the request is consistent with the zonings in the immediate vicinity. Mr. Edge requested that the original request for 27 lots be approved and would like information as to why one lot was removed. 

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

·        Mandy Johnson a resident who lives at 2471 Old Conyers Road

Mr. Edge stated there will be a berm with planted vegetation so the homeowners will not be able to look into their neighbor’s property. 

Commissioner Stamey asked for the reason that one lot was removed from the request.  Mr. Gibson stated the issue was that there was no retention pond shown on the original site plan.  Mr.  Moore stated there was a meeting with Stormwater Management and they are almost sure that only water quality will have to be done but until a flood study of the area is done it’s not sure.  If detention has to be done it would ok.

Commissioner Mathis asked if the retention ponds would be part of the platted lots.  Mr. Moore stated they would be right now but could be made open space if it needed to be and made part of the Homeowners Association. 

Mr. Edge asked for condition #14 be amended to say that stone, stucco, vinyl or cement based product along the roof line be allowed as for as gables, dormers, etc.

Commissioner Bowman stated the request is already a part of condition #14.  (All homes shall be constructed of four sides brick, stone, or craftsmen style.  Vinyl products shall only be used in the soffits, eaves and fascia.)

Chairman Harper suggested that there be a condition #18 regarding a vegetative buffer will be planted along the property line. 

Chairman Harper stated condition #14 should read:  All houses shall be constructed of all sides brick, stone or craftsman style.  Vinyl products shall only be allowed in the sofits, eaves and facia.  Cement based or stucco product may be used in the gables and dormers.

Mr. Gibson suggested that condition #16 be amended to add which shall include a vegetative landscaped 6 foot berm along the western property line.

Mr. Terry McMickle, Public Works Division Director suggested to add as a condition: Proposed entrance sign will not be placed to obstruct sight distance from the driveway located at 2471 Old Conyers Road.

Chairman Harper asked the applicant if he agreed with the proposed conditions.  Mr. Edge stated they were in agreement.

Commissioner Basler made the motion to approve the request with the proposed conditions as well as the following modifications:

Condition #14 - All houses shall be constructed of all sides brick, stone or craftsman style.  Vinyl products shall only be allowed in the sofits, eaves and facia.  Cement based or stucco product may be used in the gables and dormers.

Condition #16 - A landscape plan shall be approved by the Development Plan Review Department to include the entrance design for the frontage of the development and shall include a vegetative landscaped 6 foot berm along the western property line.

Condition #18 – The proposed entrance sign will not be placed to obstruct sight distance from the driveway located at 2471 Old Conyers Road.

Commissioner Bowman seconded the motion.  The motion carried unanimously approving the following resolution:

WHEREAS, First Southern Development, LLC. of McDonough, GA (RZ-07-14) applied to rezone property from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for the development of a residential subdivision located at 2477 Old Conyers Road, (Parcel ID Number: 083-03-001-000) in Land Lot 131of the 11th District, consisting of 21.69+/- 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 July 12, 2007; 

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the above rezoning request with the following seven (17) conditions:

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

2.     All lots shall front interior to the subdivision.

3.     All homes shall be built on-site (no modular or manufactured homes).

4.     Sidewalks shall be installed on both sides of the internal streets of the development.

5.     All yards shall be sodded to the rear drip line of the homes.

6.     Underground utilities and streetlights shall be required.

7.     The development shall have uniform mailboxes throughout.

8.     A fifty foot (50’) undisturbed vegetative buffer and twenty-five foot (25’) impervious surface buffer are required on both sides of the creek.

9.     Detention pond(s) shall be installed, if warranted following a review by the Henry County Stormwater Management Department.

10. The applicant shall preserve right-of-way along the site’s frontage to provide fifty feet (50’) of right-of-way from the existing centerline to the site’s side on Old Conyers Road, as Old Conyers Road is a major arterial road which should maintain a one hundred feet (100’) of street right-of-way width per Section 3-8-77 of the County Ordinance. 

11. An acceleration taper/deceleration lane is required to be constructed to Henry County DOT standards.

12. Curb cuts onto Old Conyers Road should be located where the acceleration/deceleration footprint is within the site’s frontage to avoid the need to obtain easements from adjacent property owners.  All curb cuts shall be located such that the minimum intersection sight distance is met per the posted speed limit.

13. There shall be a maximum of twenty-six (26) lots for this development.

14. All homes shall be constructed of four sides brick, stone or craftsman style.  Vinyl products shall only be used in the soffits, eaves, and fascia.  Cement based or stucco product may be used in the gables and dormers.

15. The minimum house size shall be 2,600 square feet of heated floor space.

16. A landscape plan shall be approved by the Development Plan Review Department to include the entrance design for the frontage of the development and shall include a vegetative landscaped 6 foot berm along the western property line.

17. 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 other applicable codes.

18. The proposed entrance sign will not be placed to obstruct sight distance from the driveway located at 2471 Old Conyers Road.

County Manager Comments

          There were no comments.

County Attorney Comments

          There were no comments.

Public Comments

          There were no comments.

Upcoming Meetings

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

           2.      Tuesday, September 4th @ 9:00 a.m.  (September 3rd is Labor Day HolidayNo meeting)  

Executive Session

          No executive session was held.

Adjournment

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

 

                                                                   Jason T. Harper, Chairman

 

Shay Mathis, County Clerk