STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 6:30 p.m. on Tuesday, August 18, 2009, 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:

 

                        Elizabeth “BJ” Mathis, Chairman,

Reid A. Bowman, Vice-Chairman, District IV Commissioner

Warren E. Holder, District I Commissioner

Rick Jeffares, District II Commissioner

            Randy Stamey, District III Commissioner

Johnny B. Basler, District V Commissioner

Also attending were Shay Mathis, County Clerk; LaTonya Nix-Wiley, County Attorney; Phyllis Shrader, Interim County Manager; Michael Sabine, Assistant County Manager;  Mike Bush, Finance Director; Terry McMickle, Public Works Division Director; Michael Harris, Planning & Zoning Services Division Director; and others.

(NOTE: Audio of this meeting is available with the 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 Mathis called the meeting to order and called for an acceptance of the agenda.  Commissioner Holder made the motion to approve the agenda with the amendment to add a resolution to enter into negotiations with the City of Locust Grove and a resolution to accept a grant from the Governors Office for children and families abstinence education; Commissioner Bowman seconded.  The motion carried 5-0-0.

Presentation

            The Board presented certificates to all the members of the Henry County Special Olympics Softball Team, the Henry County Big Dogs, for bringing home the Gold Medal at the National Invitational Special Olympics Softball Tournament in Lincoln, Nebraska.  The coaches were Terry Brooks, Larry Johnson, Reggie Ammons, and Ray Craft.  The athletes were Jeff Johnson, Clay Doub, Andre Johnson, Raymond Craft, Chris Lewis, Michael Parker, Michael Collins, Darrel Mcever, Kyle Mcever, Brittany Hagelthorn, Josef Hudson, Jennifer Maddox, and Ben Dollar.

Authorization to accept a Grant from the Governors Office for Children and Families for Abstinence Education

            Michael Sabine, Assistant County Manager presented the agenda item to the Board.  A letter was received informing the County that the Governors Office for Children and Families had approved an application filed by the Life Management Solutions Department in the amount of $63,000 in family concepts funding for abstinence education.  The grant requires a match of $25,200 of in-kind services; a cash match is not required. 

            Commissioner Stamey made the motion to accept the grant award in the amount of $63,000; Commissioner Basler seconded.  The motion carried 5-0-0 approving the following resolution:

            WHEREAS, the Board of Commissioners is the custodian of the county treasury; and

            WHEREAS, the Board of Commissioners has been awarded grant funding from the Governor’s Office for Children and families for Abstinence Education through the Family Concepts Program; and

            WHEREAS, this grant will be implemented by Life Management Solutions; and

            WHEREAS, this grant will provide funds in the amount of $63,000 to provide Abstinence Education; and

            WHEREAS, this grant requires local matching funds in the amount of $25,200, which is provided via an in-kind (non-cash) match.

            NOW, THEREFORE BE IT RESOLVED, by the Board of Commissioners that the Board hereby accepts Grant Number AE-10-008 from the Governor’s Office for Children and Families in the amount of $63,000 for Abstinence Education through the Family Concepts Program.  The Board authorizes the required match of $25,200 which shall be provided via in-kind- match (non-cash match).  The Chairman shall be authorized to execute all documents required to accept and process this grant award.

Authorization to initiate negotiations to acquire the Locust Grove Conference Center (280 Mose Brown Drive)

            Mike Bush, Finance Director presented the agenda item to the Board.  The resolution would allow negotiations with the City of Locust Grove to purchase the Conference Center.

            Commissioner Holder made the motion to approve the resolution; Commissioner Bowman seconded.  The motion carried 5-0-0 approving the following resolution:

            WHEREAS, the City of Locust Grove is a municipal corporation authorized under the laws of the State of Georgia; and

            WHEREAS, the City of Locust Grove owns certain real property located within its corporate limits, which property is described on Exhibit “A” attached hereto and incorporated herein by this reference (hereinafter the “Property”); and

            WHEREAS, the Property has a certain improvement located thereon more commonly known as the “Locust Grove Conference Center”; and

            WHEREAS, Henry County, using available proceeds from the Special Purpose Local Option Sales Tax (“SPLOST”), desires to acquire the Property along with the improvement thereon to serve the residents of Locust Grove and Henry County; and

            WHEREAS, the Property will provide a benefit to the residents of Locust Grove and Henry County.

            NOW THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners has determined that it is in the best interests of Henry County to enter into negotiations with the City of Locust Grove for the acquisition of the Locust Grove Conference Center.

Modification Request – MC-09-02 – Eddie Walker of McDonough, GA

            Ray Gibson, Director of Planning and Zoning presented the agenda item to the Board. The request is for a modification to zoning conditions for property located on Homestead Road in Land Lots 122 and 135 of the 12th District (Creekside Park Subdivision) The property is located in Commission District 5.  The request is to modify two zoning conditions.  The property consists of 8.11 +/- acres.  The property was rezoned from RA (Residential-Agricultural) to R-2 (Single-Family Residential) by the Board of Commissioners on August 15, 2005 with thirteen conditions of zoning.  The applicant would like to modify condition #2 which reads “All exterior sides shall be constructed of brick, stone or any combination thereof. Vinyl is prohibited.  Materials other than those presented herein, shall be used for the eaves, soffits, dormers, and fascia only”.  The applicant would like for condition #2 to read “All exterior sides shall be constructed of brick, stone, cement fiberboard or any combination thereof. Vinyl is prohibited.  Materials other than those presented herein, shall be used for the eaves, soffits, dormers, and fascia only”.  Also he would like to modify condition #3 which reads “All houses shall be a minimum of 2,500 square feet of heated space” to read “All houses shall be a minimum of 1,800 square feet of heated space”.  The site plan for this particular development depicts nine lots proposed on the Henry County side with a minimum lot size of 18,000 square feet and thirty five lots on the Clayton County side with a minimum lot size being 6,600 square feet.  Staff and the Zoning Advisory Board recommended approval of the request.

            Eddie Walker, the applicant was present. 

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

            Chairman Mathis called for public comments from anyone wishing to speak in favor of the request; there was no response.

            Commissioner Basler made the motion to approve the applicant’s request; Commissioner Bowman seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, Eddie Walker of McDonough, Georgia (MC-09-02) requested a modification of zoning conditions (Conditions 2 and 3) that were placed by the Board of Commissioners on August 15, 2005. The property is located along the eastern side of Homestead Road and south of the Clayton County line in Land Lots 122 and 135 of the 12th District, consisting of 8.11 +/- 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 of the request on June 11, 2009;

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the request for a modification of zoning conditions 2 and 3 to read as follows:

2.      All exterior sides shall be constructed of brick, stone, cement fiberboard or any combination thereof. Vinyl is prohibited. Materials other than those presented herein, shall be used for the eaves, soffits, dormers, and fascia only.

3.                  All houses shall be a minimum of 1,800 square feet of heated space.

Rezoning request – RZ-09-04 – Henderson Farms, LP of Hampton, GA

            Jeremy Gilbert, Planning and Zoning Department presented the agenda item to the Board.  The request is to rezone from RA (Residential-Agricultural) to PD (Planned Development) property located on the south side of Dorsey Road, east side of Wynn Drive, both sides of Highway 20 and the north side of South Hampton Road in Land Lots 145, 146 and 176 of the 3rd District and Land Lots 215, 216, 234, 246 and 247 of the 6th District. The property is located in Commission District 2.  The property consists of 900 +/- acres and the request is to rezone the property for a mixed use planned development.  The property would consist of multiple pods.

Pods

Gross Acreage

Lot Size

Number of Units

Net Acreage

Net Density

R-1 Pod

415.0 +/-

43,560 square feet

211

310.3 +/-

0.68 per acre

R-2 Pod

102.5 +/-

10,890 square feet

164

89.5 +/-

1.83 per acre

RM Pod

106.3 +/-

Minimum 43,560 square feet

495

96.1 +/-

5.15. per acre

Commercial Pod

259.8 +/-

Minimum 10,000 square feet

N/A

N/A

N/A

Conditional Use Pod

16.3 +/-

12.86 +/- acres 3.47 +/- acres

2

N/A

N/A

According to the survey for the subject property, the property does have the 100 year floodplain located on it.  The subject property is also located within the Towaliga Watershed Protection District.  The conceptual site plan indicates that 232.28 +/- acres are located within the water critical area and 667.72 +/- acres are located within the limited development area of the Watershed Protection District. 

As the proposed development is a mixed use development exceeding 120 +/- acres, it has been reviewed by the Atlanta Regional Commission (ARC) and the Georgia Regional Transportation Authority (GRTA) as a Development of Regional Impact.  The ARC has determined that this project is in the best interest of the region and therefore the state.  Also GRTA has stated the DRI plan of development as proposed is approved subject to conditions.  Also included in the request is the Master Plan, which outlined and described the development in more detail.

The applicant requested a Development Agreement for this project.  Staff recommended, for the development agreement, to add a condition stating that a development agreement would be approved by the Board of Commissioners.

Andy Welch, Smith, Welch & Brittain, represented the applicant for their request.  One of the requirements of the Planned Development Ordinance is to note the exceptions to the Zoning Ordinance that is being requested.  On page 37 of the master plan are the exceptions:

            One exception that is not listed that needs to be noted and is part of the conditions of zoning approved by Zoning Advisory Board is to allow for outdoor storage in the commercial areas (Pod E).  Condition #19 regulates the outdoor storage.  The planned development master plan includes two Conditional Uses in Pod B, which includes a daycare center, Fears Road extension, and a church site.  The Conditional Uses are included within the master plan, any other Conditional Uses the applicant would have to apply for those.

            The applicant has requested a development agreement because the project is such a large scale project.  The agreement would be between the property owners and the County.  To preserve the property owners development rights, under the current Zoning Ordinances, they have gone through approximately two years of planning, through the Atlanta Regional Commission (ARC) process, the Georgia Regional Transportation Authority (GRTA) process, the Concept Review process and the planning process in Henry County.  It is noted that the County has plans to adopt a new Unified Land Development Code (ULDC) that will change the zoning requirements.  It will also eliminate the planned development designation so a Development Agreement would be appropriate to preserve the property owners right to develop the plan pursuant to the zoning if approved in accordance with the Ordinances that exist as of the zoning decision.

            The development agreement would also secure any impact credits that would be worthy of giving to the project and that are legally due to the project as a result of it.  There are significant park areas designated for public park areas and that would be considered part of system improvements for impact fee credits. The other thing that a development agreement does is take all the zoning conditions and make in one document. 

            There should probably be some scheduling of road improvements that GRTA did not do so that those road improvements are put into place on the ground as the development develops out.

            A proposed development agreement was submitted to staff and that will be addressed at a subsequent meeting. 

            Commissioner Stamey stated there are two Conditional Uses for the development.  Mr. Welch stated that was correct.  Commissioner Stamey asked if they were designated within the development or could they be moved.  Mr. Welch stated they are designated on the plan in two particular areas.

            Chairman Mathis asked what the proposed build out time for this project is.  Mr. Welch stated there is a 20 year build out time scheduled. 

                Chairman Mathis asked what is being proposed within the residential/multi family sections of the development.  Mr. Welch stated there are two pods for RM which will be apartments, one for senior apartment living facilities and conventional apartments.  If for some reason the market is not there for the senior apartment development the density will be transferred from Pod D into Pod C and would be developed as conventional apartments.  What’s critical to the conditions of zoning is that they both can’t be built at the same time.  Only one Pod maybe built at a time.  The other Pod could not be built until at least 50% of the single family detached residential is built.  Under a PD (Planned Development) Zoning Ordinance the maximum density allowed is 8 units per acre and the density for the proposed development is 5.1 units per acre in terms of the multi-family.  The whole net density for the entire project is 1.75 units per acre when it comes to residential density, including the apartments.

            Chairman Mathis asked if the conditions regarding the road improvements had been reviewed.  Mr. Terry McMickle, Public Works Division Director stated he reviewed the conditions very briefly and there are some concerns on the portion that the County is supposed to do.  Mr. Michael Harris, Planning and Zoning Services Division Director stated the thought was that staff would work with the applicant with the Development Agreement and work out any details as it relates to land use and transportation.  It’s understood that the Development Agreement would come before the Board for approval. 

            Chairman Mathis called for public comments from anyone wishing to speak in opposition to the rezoning request.  Those speaking in opposition were Dexter Clad a resident of the County.

            Chairman Mathis called for public comments from anyone wishing to speak in favor to the rezoning request; there was no response.

            Mr. Welch stated the first condition begins “Applicant shall adhere to the following conditions cited in the GRTA Notice of Decision:” the request is to change the condition to read “The Developer/Owner of the Project or any portion of the project….”.

            Mr. Welch stated under condition #1 that reads Roadway Improvements as Conditions to GRTA Notice of Decision; under Hampton Locust Grove Road (Preserve right of way for widening of Hampton Locust Grove Road), that condition is taken care of in condition # 29.

            Chairman Mathis stated that there have been some issues with properties that have gone into foreclosure where property has been donated to the County but has not been recorded, how could that be addressed to make sure the county receive the right-of-way.  Ms. LaTonya Wiley stated it was discussed that time frames be specified that right-of-way is acquired.  Mr. Welch stated if the rezoning is approved, the time frame could be set within the development agreement.  Ms. Wiley stated the language “as per the approved Development Agreement” should be added to condition #9.

            Mr. Welch stated the other issues after discussion with Mr. Simmons was with condition #23.  In that condition the Zoning Advisory Board and staff wanted to see a multi-use path connecting the development on both sides of Highway 20.  The applicant has put the multi-use path language in the condition of zoning requiring that it be there.  There is an issue on whether or not the paths should be striped. 

            Another issue is condition #31 that talks about signage.  In the third sentence it reads “Said signs may be located at 4-way intersections…..  It should be noted that it’s referring to the 4-way intersections within the plan and the signs would be allowed on both sides or either side of Bruton Smith Parkway were needed.  These signs would be directional signs. 

            Condition #32 regarding property owners association, there was a property owner association planned for the entire development but the applicant would like for that to be just for Pod E.  Pod A which is the single family detached pod, the conditions of zoning requires a homeowners association for that pod.  It also requires a homeowners association for Pod F. 

            Commissioner Stamey asked if there were plans for the existing home on the property.  Mr. Welch stated the plan is to preserve the home place and dedicate it for some public use or to a historic society for preservation.

            Commissioner Bowman said it was stated that a fair amount of land would be preserved for parks; is there a specific amount of land.  Mr. Welch stated he did not have a specific amount for parks but there is a number for open space.  The overall percentage for open space is 36% of the entire development. The exact number is 324 acres of 900 acres is open space.  There are different grades of open space within a Planned Development some of which is wetland area.  Mr. Welch stated it’s their intention to dedicate two areas within the development to the County as part of the public park system. 

            Commissioner Holder asked if any of the communities or Pods would be gated or will there be any private streets.  Mr. Welch stated that Pods D and C are gated apartment developments.  Those will be maintained internally by the management company.  If that becomes a desire for the developer of Pod A, the estate area, approval would have to be given by the Board. 

            Mr. Harris stated for clarification regarding the Conditional Use, this can be addressed along with the Development Agreement.  Mr. Welch stated the Conditional Uses have been a part of the application since the beginning in terms of a part of the Planned Development.  The Planned Development Ordinance allows for the uses to be designated it’s intended use.  The daycare facility and the church has been part of the original submission.  Mr. Welch stated he had no problem with having a condition which states the two Conditional Uses of a daycare and a church are approved pursuant to the plan.  Mr. Gilbert stated that within the Master Development Plan it is stated that those sites would be designated one for a church and one for a daycare center only.  Any use other than that would be a single family residential use.  Any other Conditional Use would be required to apply for a separate Conditional Use.      Chairman Mathis stated for clarification this should be included as a condition.

            For clarification, Mr. Wiley stated the modifications requested by the applicant:

21.    The property owner’s association would be limited for Pod E.

23.   The multi use paths shall be a minimum 10 feet wide and shall be striped as per the Development Agreement and reviewed by the Director of Development Plan Review. 

29.    The donation shall occur in accordance with the Development Agreement.

35.      This rezoning shall be conditioned upon Board approval of a development agreement between the County and the property owner.

36.      The Conditional Use sites (Pod B) shall be designated one for a church and one for a daycare center only.  Any use other than that would be a single family residential use.  Any other Conditional Use would be required to apply for a separate Conditional Use.

Commissioner Jeffares made the motion to approve the rezoning from RA to PD with the 36 conditions; Commissioner Holder seconded. The motion carried 5-0-0 approving the following resolution:

WHEREAS, Henderson Farms, LP of Hampton, Georgia (RZ-09-04) requested a rezoning from RA (Residential-Agricultural) to PD (Planned Development) for property on the south side of Dorsey Road, east side of Wynn Drive, both sides of Highway 20 and the north side of South Hampton Road, in Land Lots 145, 146 and 176 of the 3rd District and Land Lots 215, 216, 234, 235, 246 and 247 of the 6th District, consisting of 900 +/- 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 tabled the request on   May 14, 2009;

WHEREAS, the Henry County Zoning Advisory Board reheard this item and recommended approval on June 11, 2009;

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves above rezoning request with the following thirty-six (36) conditions:

1.      Developer/Owner of the Project or any portion of the project shall adhere to the following conditions cited in the GRTA Notice of Decision:

            Development Intensity and Use

     Provide a mixture of retail space, office space, residential units, assisted living units, hotel, and institutional or civic uses.

Road Connectivity

     All internal intersections must be 200 feet minimum from SR 20.

     All internal intersections must be 150 feet minimum from Hampton Locust Grove Road.

     Provide a direct vehicular connection between Proposed Road A and Hampton Locust Grove Road on both sides of SR 20.

     Provide a maximum of 5 access points along SR 20.

     Provide a maximum of 3 full access points along Hampton Locust Grove Road.

     Provide 400 feet minimum between the SR 20 and Hampton Locust Grove Road intersection and the site driveways on Hampton Locust Grove Road.

     No direct outparcel access.

     Provide a vehicular connection between proposed R-2 Road F and R-2 Road g; thereby providing a vehicular connection between Hampton Locust Grove Road and South Hampton Road.

     Provide stub-out to allow for future road connection at R-2 Road B.

Pedestrian Facilities

     Provide crosswalks at all driveways and intersections.

     Provide pedestrian sidewalks along both sides of all internal roads, excluding the R-1 rural estate home area.

     Provide pedestrian sidewalks along one side of the road in the R-1 rural estate home area.

     Provide pedestrian sidewalks along all property frontage on SR 20, Hampton Locust Grove Road and McDonough Street.

     Provide bike racks for all uses excluding single family residential.

Roadways Improvements as Conditions to GRTA Notice of Decision

Hampton Locust Grove Road

     Preserve right of way for widening of Hampton Locust Grove Road.

SR 20 @ McDonough Street (Intersection #3)

     Install traffic signal when warranted.

     Install northbound right-turn lane along SR 20.

     Install westbound left-turn lane and a westbound shared thru/right-turn lane along Driveway #2, exiting the site.

SR 20 @ RIRO Driveway # 1 – Intersection # 19

     Install northbound right-turn lane along SR 20.

     Install westbound right-turn lane, stop controlled, exiting the site.

SR 20 @ RIRO Driveway # 3 – Intersection # 20

     Install northbound right-turn lane along SR 20.

     Install westbound right-turn lane, stop controlled, exiting the site.

SR 20 @ Proposed Road A / Driveway # 4 – Intersection # 21

     Install traffic signal when warranted.

     Install northbound and southbound right-turn lanes along SR 20.

     Install northbound and southbound left-turn lanes along SR 20.

     Install eastbound left-turn lane and an eastbound shared thru/right-turn lane along Proposed Road A exiting the site.

     Install westbound left-turn lane and a westbound shared thru/right-turn lane along Driveway # 4 exiting the site.

SR 20 @ Driveway # 5 – Intersection # 22

     Install northbound and southbound right-turn lanes along SR 20.

     Install northbound and southbound left-turn lanes along SR 20.

     Install eastbound left-turn lane and an eastbound shared thru/right-turn lane, stop controlled, along Driveway # 5 exiting the site.

     Install westbound left-turn lane and a westbound shared thru/right-turn lane, stop controlled, along Driveway # 5 exiting the site.

McDonough Street @ Driveway # 6 – Intersection # 23

     Install eastbound and westbound left-turn lanes along McDonough Street.

     Install southbound shared left/thru/right-turn lane, stop controlled, along Driveway # 6 exiting the site.

     Install northbound shared left/thru/right-turn lane, stop controlled, along Driveway # 6 exiting the site.

Hampton Locust Grove Road @ Driveway # 7 – Intersection # 24

     Install eastbound and westbound left-turn lanes along Hampton Locust Grove Road.

     Install southbound shared left/thru/right-turn lane, stop controlled, along Driveway # 7 exiting the site.

     Install northbound shared left/thru/right-turn lane, stop controlled, along Driveway # 7 exiting the site.

Hampton Locust Grove Road @ Driveway # 8 – Intersection # 25

     Install traffic signal when warranted.

     Install eastbound and westbound left-turn lanes along Hampton Locust Grove Road.

Hampton Locust Grove Road @ Driveway # 9 – Intersection # 26

     Install eastbound and westbound left-turn lanes along Hampton Locust Grove Road.

Hampton Locust Grove Road @ RIRO Driveway # 13 – Intersection # 30

     Install northbound right-turn lane, stop controlled, along Driveway # 13 exiting the site.

     Install eastbound right-turn lanes along Hampton Locust Grove Road.

 

Residential Development (Pods A and F)

2.      All lots less than 30,000 square feet in area shall be fully sodded.

3.      There shall be uniform mailboxes throughout the development.

4.      Streetlights and underground utilities shall be provided.

5.      An amenity package shall be provided in each single family residential Pod of the development. Each amenity package shall include three (3) of the following at the option of the builder/developer: (i) a swimming pool, minimum dimensions of 75 feet by 45 feet; (ii) 2 tennis courts; (iii) a child play area; (iv) a minimum 4 hole putting green; or any other amenity of equal or greater value, as determined by the Director of Planning & Zoning. If a swimming pool is chosen, a 1,200 minimum square foot clubhouse with bath rooms is required. If any other amenity is chose, a 300 minimum square foot open pavilion is required. The amenity package items and location should be included on the final plat prior to final plat approval.

6.      There shall be a mandatory homeowner’s association for each single family residential Pod which shall oversee the maintenance of all common areas of the proposed development, including open space and amenity areas.

7.      No curb or gutter shall be required for the Estate Lots in Pod A if developed at or below the proposed density of the Master Plan on minimum 1 acre lots.

8.      A minimum 30 foot front setback shall be required for all lots in Pod F.

9.      Pod A may be used for any and all permitted uses allowed under the R1 and RA districts, as provided in the Henry County Zoning Ordinance adopted May 1, 1984, as amended through February 2, 2009. Within Pod A, the developer may also develop not more than 66 single-family attached ranch condominiums as an age-restricted neighborhood for senior living. The condominiums may take the form of a duplex, triplex or quadriplex, and count against the residential density only in Pod A.

Multi-Family Residential Development (Pods C and D)

10.  Pods C and D (not including any multi-family units in Pod E or attached single family ranch condominiums in Pod A) shall be gated and shall have centralized mail boxes for tenants. The exterior facades shall consist of at least 70 percent synthetic stone or brick. The remaining façade may consist of brick, stone or cement fiber-board. Vinyl shall be permitted only for eaves, soffits, decorative window shutters and window casings.

11.  Garbage disposal for Pods C and D shall be placed on a concrete pad and enclosed on 3 sides. The enclosure shall be constructed of brick, synthetic stone, stucco, or any combination thereof provided it is consistent with the building materials and design details of structures within the development, and shall not exceed 8 feet in height.

12.  An amenity package shall be included in Pods C and D. Each amenity package shall include three (3) of the following at the option of the builder/developer: (i) a swimming pool, minimum dimensions of 75 feet by 45 feet; (ii) 2 tennis courts; (iii) a child play area; (iv) a minimum 4 hole putting green; or any other amenity of equal or greater value, as determined by the Director of Planning & Zoning. If a swimming pool is chosen, a 1,200 minimum square foot clubhouse with bath rooms is required. If any other amenity is chose, a 300 minimum square foot open pavilion is required. The amenity package items and location should be included on the final plat prior to final plat approval.

13.  Either Pod C or D may be used for age-restricted residential uses. If neither Pod C or D are used for age restricted residential use, then the maximum number of units shall not exceed 250 units  or 8 units/net acre, less any multifamily units developed or allocated in Pod E.

14.  If either or both Pods C or D are not developed as age restricted, there shall be no more than 20 percent of the units in each Pod constructed as 3 bedroom units. Units containing more than 3 bedrooms shall not be permitted.

15.  If either Pods C or D are not developed as an age-restricted senior multifamily development, then only 1 multifamily Pod may be developed at a time; and the remaining undeveloped multifamily Pod could be developed only after at least 50 percent of the single-family detached lots are owner-occupied.

16.  The maximum number of multi-family units allowed throughout the Henderson Farms development shall not exceed 500 units, except that within Pod A the development may contain an additional 66 single-family attached ranch condominium units, and within Pod E assisted living facilities are permitted as an institutional use without affect on the multifamily density cap.

Mixed Use Land Uses (Pod E)

17.  An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting.

18.  Dumpster(s) shall be placed on a concrete pad and enclosed on 3 sides. The enclosure shall be constructed of brick, stone, stucco or any combination thereof provided it is consistent with the building materials and deign details of structures within the development, and shall not exceed 8 feet in height.

19.  Outside storage of materials or equipment shall be permitted in accordance with Section 3-7-154(a), provided that such outdoor storage area is covered by a durable material aesthetically consistent with the primary structure and, where not covered by a porch or overhang of the primary structure, the Director of Planning & Zoning may require the storage area to be enclosed by decorative fence. Chain link fence is not an acceptable decorative fence material.

20.  Pod E may consist of multifamily units above office, commercial or institutional uses. The density for such multifamily units shall be transferred from the units in Pods C or D.

21.  A property owner’s association shall be established for Pod E for maintenance of rights-of-way, landscaping, and other elements of development to ensure uniformity in the appearance and maintenance of such areas.

Throughout Development

22.  All Pods may be developed and used in accordance with the permitted uses and development standards as provided under the Henry County Zoning Ordinance adopted May 1, 1984, as amended through February 2, 2009, and as contemplated in the Master Plan. Where there is a conflict between the two, the Master Plan shall control.

23.  Provided that Pod A consists of large-acre farmettes/ranchettes along Dorsey and Wynn Roads with each farmette/ranchette under separate ownership and with no direct access to or from Dorsey or Wynn Roads, and provided that the primary structure thereon front the internal roads of Pod A, as shown in the Master Plan, Henderson Farms may contain an overall gross open space not less than 35% for the entire development. Otherwise, the gross open space for the entire development shall be no less than 40%.

24.  There shall be a multi-use path connecting the Pod A Senior Living area and the Pod A Estate Lots and continuing along one side of Proposed Road A shown on the Master Plan into the roundabout area, and then continuing along one side of Proposed Road B, ending at Bruton Smith Parkway. Another multi-use path shall be required connecting to the multi-use path from Pod A and running along one side of Proposed Road E ending at Hampton Locust Grove Road. There shall be a separate multi-use path running along one side of Proposed Road B, beginning south of Bruton Smith Parkway and ending at Hampton Locust Grove Road.  The multi use paths shall be a minimum 10 feet wide and shall be striped as per the Development Agreement and reviewed by the Director of Development Plan Review.  No sidewalk shall be required along either side of Proposed Roads A, B and E where a multi-use path is required.

25.  There shall be a minimum of 1 street three per every 300 feet on both sides of all public streets, except where said trees would interfere with driver visibility or utilities.

26.  If sewer service is not made available to a Pod within the development, the Pod shall adhere to the land use restrictions of Section 3-7-159. Towaliga River, Tussahaw Creek, Indian Creek, Long Branch Creek and Shoal Creed Watershed Districts of the Henry County Zoning Ordinance adopted May 1, 1984, as amended through February 2, 2009.

27.  All entrances into Henderson Farms shall meet minimum intersection sight distance requirements per the posed speed limit of the roads from which they enter and shall have a deceleration lane and acceleration taper designed and constructed to HCDOT standards at curb cuts located on the following Roadways: Wynn Drive, Hampton-Locust Grove Road, McDonough Street, South Hampton Road, and Proposed Road “A” (a.k.a. Fears Drive Extension) between Wynn Drive and the proposed roundabout shown in the commercial area that is adjacent to Highway 20. This condition shall not be construed to reduce the number of access points shown on the Master Plan.

28.  The design and construction of the proposed Fears Drive Extension shall be based on AASHTO 30 mph design speed for the section between Wynn Drive and the proposed roundabout shown in the commercial area that is adjacent to Highway 20.

29.  The applicant shall coordinate with the SPLOST department concerning curb cut locations along Hampton Locust Grove Road to coincide with future median openings for any access points in which a full access drive is necessary.

30.  The Henry County SPLOST Department has confirmed that the right-of-way preserved as shown on the Master Plan is consistent with the location and amount of right-of-way anticipated for widening Hampton Locust Grove Road. Developer or owner agrees to donate to the County that right-of-way along Hampton Locust Grove Road shown on the Master Plan. Building setbacks along the Hampton Locust Grove Corridor should be based on the right-of-way line shown in the Master Plan.  The donation shall occur in accordance with the Development Agreement.

31.  Ground signage throughout the development shall be monument based and the façade materials of said signs shall consist of brick, stone, synthetic stone, stucco, painted metal, resin, or a combination thereof. Monument based signage shall not exceed 6 feet in width and 8 feet in height, except as provided in those conditions for directional signage. Ground signage in Pods A and B shall be of uniform design and construction. Ground signage in Pods C, D, E and F shall be of uniform design and construction. The maximum signable area on each side shall not exceed 48 square feet.

32.  Henderson Village monument based directional signage shall be permitted along Bruton Smith Parkway outside the right-of-way. The façade materials of said signs shall consist of brick, stone, synthetic stone, stucco, painted metal, resin, or a combination thereof. Said signs may be located at 4-way intersections and right-in right-out intersections along Bruton Smith Parkway, but shall not exceed 20 feet in height and 12 feet in width. Said signs shall be uniform in façade materials and may consist of multiple signs to identify uses internal to Henderson Village. The maximum signable area on each side shall not exceed 200 square feet.

33.  The proposed road network shall be built in substantially the same layout as the road network shown in the Master Plan, except where alterations are required for public safety, to minimize adverse environmental impact, or to meet Henry County road or subdivision regulations.

34.  Density, open space and pervious/impervious surface credit shall be given to the development for any and all land donated or conveyed for public use.

35.  This rezoning shall be conditioned upon Board approval of a development agreement between the County and the property owner.

36.  The Conditional Use sites (Pod B) shall be designated one for a church and one for a daycare center only.  Any use other than that would be a single family residential use.  Any other Conditional Use would be required to apply for a separate Conditional Use.

Rezoning Request – RZ-09-05 – Phillip T. Corbin and Lori Wiederstein, McDonough, GA

            Jeremy Gilbert, Planning and Zoning presented the agenda item to the Board.  The request is to rezone property from R-2 (Single-Family Residence) to C-3 (Heavy Commercial).  The property is located at 917 Jonesboro Road in Land Lots 98 and 127 of the 7th District.  The request is for a commercial retail development.  The property is located within Commission District 3.  The applicant is proposing, on the conceptual site plan, to divide the property into three (3) tracts.  According to the conceptual site plan the applicant is proposing to construct a 5,000 square foot building, a 6,000 square foot building and a 15,600 square foot building.  The property consists of approximately 5.787 +/- acres.  Staff recommended denial of C-3 but approval of C-2.  The Zoning Advisory Board recommended denial of C-3 and approval of C-2 with ten conditions.

            Mike Crotts, agent on behalf of the applicants was present.  The retention pond is proposed to be in the southwest corner of the property.  The way the pond is situated on the plat, it’s believed because of the elevations, the retention pond will have to be moved closer to the home that is shown on the plat.  There’s no intention in using the existing home, at some point it will be demolished.  There were concerns regarding Heritage Circle and if the natural buffer would remain.  Because of the elevation, the buffer will have to go further north and bring the buffer to a wider space and build a retaining wall which will allow the natural buffer to remain in addition to what will be planted.  Originally the C-3 application was requested because of the zoning requirement to have a drive-thru window.  That use is no longer requested and the C-3 is not necessary.  There were concerns regarding the curb cut on Heritage Way.  The reason there has to be a curb cut on Heritage Way is because of the median cut at Heritage Way and Jonesboro Road.  The Georgia Department of Transportation (GDOT) will on allow a right turn in and right turn out on the proposed driveway shown on the plat.  Because of the distance from the driveway to the median cut, a traffic hazard is caused by people trying to reach the median cut to u-turn to go west on Jonesboro Road. 

            Mr. Crotts stated the plan is to muck the pond out, compact it and bring it up to code.  There have been discussions with the Corp of Engineers and this is not within their jurisdiction.  Another concern is most of the water is surface water.  When the sewer line was put in, the water flow or what fed the pond was moved. 

            Chairman Mathis called for public comments from anyone wishing to speak in opposition of the rezoning request.  Those speaking in opposition were Shirley Hotch, Shirley Parks (adjoining property owners), Cliff Yarbrough, Dee Brooks and Jimmy Brooks.

            Chairman Mathis called for public comments from anyone wishing to speak in favor of the rezoning request; there was no response.

            Commissioner Bowman asked if the applicant was proposing anywhere from an 80 to 100 foot buffer on the rear property line.  Mr. Crotts stated he had no problem with any of the conditions.  Commissioner Bowman stated for clarification that there would be the buffer and then the wall.  Mr. Crotts stated the 80 to 100 feet would include the sloop and the retaining wall.  To answer the question regarding the natural buffer, none of that will be removed and there will be additional planting in the sloop. 

            Commissioner Holder stated there were concerns from citizens in opposition regarding the curb cut onto Heritage Way.  Mr. Crotts stated he thought the cut was necessary after what GDOT has said regarding the right turn in and right turn out. 

            Commissioner Basler asked if there would be an environmental study done on the lake/pond.  Michael Harris, Planning & Zoning Services Division Director stated in a case like this, any set of development plans that are submitted for review would go through the Development Plan Review as well as the Stormwater Departments and they would require an assessment from the Army Corp of Engineers. 

            Commissioner Bowman asked if the applicant would be acceptable of a rain garden type retention pond.  Mr. Gilbert explained that basically the pond would be dug down like a normal pond would be built but the lower level would be gravel, then sand would be put on top of that, and additional gravel and it would be top soiled and grassed.  All of the water would settle into the retention pond and serve the same purpose of holding the water, it just wouldn’t be seen.  Chairman Mathis added that certain types of plantings could be added so that it would look like a landscaped feature verses an open retention pond.  Mr. Crotts stated he did not think this would be a problem.

            Commissioner Stamey stated he met with some of the homeowners from the subdivision in June and the biggest concern was the buffer zone in the rear of the property.  The number stated was a 100 foot buffer.  Mr. Crotts stated it would work depending on the sloop.  Commissioner Stamey asked if the applicant agreed with a 100 foot buffer on the south end of the property.   Mr. Crotts stated he did not see a problem with that.  Commissioner Stamey stated condition #8 would read “a 100 foot undisturbed buffer on the southeastern side of the property”.  Mr. Gilbert stated this would not allow for the sloop, it would just be 100’ of what’s there now.  Commissioner Stamey asked if it would work with an 80’ undisturbed buffer.  Mr. Crotts stated if it can work, they will do the 80’ but if it turns out that 30 to 35 feet is need in the sloop, the applicant would then request a variance. 

            Commissioner Stamey stated that an 80’ undisturbed buffer would be added to condition #8.  Also on condition #2 it shall read “There shall be no curb cut allowed on Heritage Way.  Condition #3 will be removed and replaced “that an environmental study or letter from the Army Corp of Engineers must be completed prior to plans being approved to determine whether or not there are environmental issues with the pond.  If so, there shall be a pond meeting a rain garden style or bio-retention style as defined in the Stormwater Manual.  Condition #4 will be removed.

            Commissioner Stamey made the motion to approve the rezoning with nine conditions; Commissioner Basler seconded.

            Commissioner Holder asked if the applicant was agreeable to the conditions as amended.  Mr. Crotts stated there are major concerns about what damage is done to the property by not having one curb cut onto Heritage Way. 

            The motion carried 5-0-0 approving the following resolution:

            WHEREAS, Phillip T. Corbin and Lori Wiederstein of McDonough, GA requested a rezoning from R-2 (Single-Family Residence) to C-3 (Heavy Commercial) for property located at 917 Jonesboro Road, in Land Lots 98 and 127 of the 7th District, and the request is for a commercial retail development; 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 of  C-3 and approval of C-2 of the request on July 9, 2009;

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the above rezoning request for C-3 and approves a zoning to C-2 with the following nine (9) conditions:

  1. Any curb-cut onto Jonesboro Road shall meet Georgia Department of Transportation (GDOT) requirements.
  2. There shall be no curb cut allowed on Heritage Way.
  3. An environmental study shall be conducted to determine if there are wetlands on the subject property or a letter from the Army Corps of Engineers will be required before a land disturbance permit is issued.  All Stormwater management facilities shall be designed and constructed to meet the requirements of the Georgia Stormwater Management Manual (Blue Book) for Bioretention Areas.
  4. Any new buildings shall be constructed of brick, stone, stucco, glass or any combination thereof.
  5. Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides. The enclosure shall be constructed of brick, stone, stucco or any combination thereof provided it is consistent with the primary structure, and shall not exceed eight feet (8) in height.
  6. An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting. All lighting fixtures in the parking area shall be box-style, fitted with non-glare lenses and with cut-off shield to prevent light from extending beyond the limits of the property.
  7. A landscape plan shall be submitted to the Development Plan Review Department for approval at the preliminary plan review stage. The southern property line will be visually screened from the residential area utilizing an eighty foot (80’) undisturbed buffer.
  8. Primary ground signage shall consist of a monument-based sign that is consistent in design with the primary structure, constructed of brick, stone, stucco, or any combination thereof, shall not exceed fifteen (15) feet in height.  Only one sign shall be permitted for the site and should include all tenants and should be no taller than fifteen (15) feet in height.
  9. 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

      There were no comments.

Public Comments

      There were no comments.

Upcoming Meetings

1.      Monday, August 31st at 9:00 a.m. a Workshop and Tuesday, September 1st at 9:00 a.m. a Regular Board Meeting

2.      Monday, September 7th – Labor Day Holiday / All county offices will be closed in observance

3.      Monday, September 14th at 9:00 a.m. a Workshop and Tuesday, September 15th at 6:30 p.m. a Regular Board Meeting

Adjournment

      Commissioner Bowman made the motion to adjourn; Commissioner Jeffares seconded.  The motion carried 5-0-0.

 

                                                                  Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk