STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 6:30 p.m. on Tuesday, September 15, 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 Stamey made the motion to approve the agenda; Commissioner Jeffares seconded.  The motion carried 5-0-0.

Agreement for consulting services for a feasibility study

            Clark Rainer, Director of Technology Services presented the agenda item to the Board.  The feasibility study will be to look at whether or not it is doable to run a fiber optic network throughout parts of the County to provide service to all the government entities as well as the commercial sector. 

            The total cost for the study is not to exceed $25,600.  The Henry County Development Authority has pledged $6,000 towards the feasibility study.  The Henry County Water and Sewerage Authority pledged $1,000, the City of Stockbridge has pledged $1,000, the City of Locust Grove has pledged $1,000, and the City of McDonough has pledged $1,000.  The City of Hampton is expected to pledge $1,000. 

            A lot of support has been obtained from around the County towards finding out whether or not fiber optic cable and fiber optic networks is something that will improve the economic conditions of Henry County as well has reduce current expenditures incurred by the Henry County Board of Commissioners, Henry County Board of Education, and each of the Cities.  Also there is strong support form both EMC’s as well as Georgia Power. 

            The study will answer a lot of questions surrounding the network.  A large part of the study will be seeking citizen involvement. 

            Commissioner Bowman asked how long the company that approached staff had been in business.  Mr. Rainer stated Rural Broadband, LLC, the company that will do the feasibility study has been doing this since 1993. 

            Commissioner Bowman asked the cost to the County now for these services.  Mr. Rainer stated just the county’s portion for lease services (approximately 15 locations) cost approximately $350,000 per year.  The school system incurs approximately $75,000 to $80,000 per month.

            Commissioner Stamey asked how long it will take to complete the study.  Mr. Rainer stated the study itself should take 30-45 days.

            There was a correction to the resolution to read “Henry County’s financial commitment towards the feasibility study wit h Rural Broadband, LLC shall not exceed $26,000”.

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

WHEREAS, the Henry County believes telecommunications infrastructure is an essential element in economic development; and

 

WHEREAS, Henry County believes current telecommunications infrastructure is insufficient to provide state of the art services for public and private enterprise operations; and

 

WHEREAS, Henry County wishes discover the feasibility of installing and operating a state of the art telecommunications infrastructure; and

 

WHEREAS, Henry County wishes to engage the public for comments, and for the purpose of disseminating information; and

 

WHEREAS, current costs to Henry County government entities continue to rise for telecommunications needs; and

 

WHEREAS, Henry County believes a feasibility study will help formulate appropriate, timely information in planning for telecommunications needs; and

 

WHEREAS, Henry County is soliciting participation by the municipalities and authorities which may off-set costs; however,

 

WHEREAS, Henry County’s financial commitment towards the feasibility study with Rural Broadband, LLC shall not exceed $26,000; and

 

 NOW, THEREFORE, BE IT RESOLVED THAT the Board of Commissioners authorize the Chairman to execute the associated agreement for consulting services for a feasibility study from Rural Broadband, LLC of Savannah, GA.

Employment Agreement with the Chief Appraiser

            Mike Bush, Finance Director presented the agenda item to the Board.  The resolution is requesting the Board of Commissioners to ratify an agreement between the Board of Assessors and the Chief Appraiser.  The agreement is for six months so that the contract will end during a slow period for the Tax Assessors Office.  The agreement has the same terms as the previous contract.

            Commissioner Holder made the motion to approve the agreement; Commissioner Jeffares seconded.  The motion carried 5-0-0.

An Ordinance adopting the Henry County Unified Land Development Code including the Official Zoning Map

            Ray Gibson, Director of Planning & Zoning presented the agenda item to the Board.  The request is to adopt the Unified Land Development Code (ULDC) and the Official Zoning Map.  On May 19, 2009 the Unified Land Development Code was adopted, however it was not to become effective until the Official Zoning Map was adopted.  The Ordinance will officially adopt the Unified Land Development Code, the Official Zoning Map as well as the Comprehensive Plan 2030.  The Ordinance makes clear that the moratorium on wireless communication facilities will still be in effect.

            Jeremy Gilbert presented some major amendments that were made since May 19th.  In Chapter 1 a section was added, 1.11.00 CONVERSION OF PREVIOUS ZONING DISTRICTS and added Table 1.11.00 (A) Conversion of previous zoning districts.  In Chapter 7 a modification was made to the Accessory Dwellings (Guest Houses, Caretaker Houses) to make it consistent with accessory structures, allowing in the side yard and in RA zoned lots over 3 acres and can be located in the front yard to be consistent with the accessory structure portion that was previously adopted in the Unified Land Development Code.  In Chapter 9 there were revisions made to the Activity Center Master Planning Process clarifying the way staff would go about master planning the activity centers that are identified on the Future Land Use Map that are a part of the 2030 Comprehensive Plan.  In Chapter 12 mailed notifications were added for Rezoning, Conditional Use, Modifications, and Variances.  Mailed notices will be mailed to all adjacent property owners for pending applications.  During the time of the modifications to the activity center were made, it was discovered that the appeals to the Zoning Advisory Board decisions were to be heard by Superior Court.  That was changed to be heard by the Board of Commissioners. 

            The new Official Zoning Map identifies the new zoning districts that are part of the ULDC which include the R4, R5, Mixed Use, IEC, and RS.  Also identified on the map are the R2 current zonings that are 30,000 square feet or 18,000 square feet and have been split into two districts R2 and R3 districts. 

            Chairman Mathis asked if someone has an existing zoning on a piece of property and it is not correctly identified on the new map, does it change the zoning on that property.  Mr. Gilbert stated if there are files that show differently, those files would supersede the map and the map would be brought back to the Board for an amendment.

            Staff stated that the Future Land Use Map will be the guide that the Board will use when zoning property. 

            Chairman Mathis stated that if the Board chooses to approve and adopt the Official Zoning Map and the Unified Land Development Code, the adoption of the ULDC shall not apply to the conditional rezoning approved for Henderson Farms on August 18, 2009 by the Board of Commissioners rezoning the applicable property from RA to PD per Rezoning Ordinance #09-205, rezoning file #09-04.  Such property shall be governed by a development agreement entered into between the parties subsequent to the adoption of the ULDC and the County’s Zoning Ordinance in effect prior to the adoption of the ULDC.  Latonya Wiley, County Attorney added that the Henderson property will be exempt from the provisions of the ULDC and will be governed by the previous Ordinance.

            Chairman Mathis called for public comments from anyone wishing to speak in reference to the agenda item.  Those speaking were Steve Cash.

            Ms. Wiley stated that the language will be added to the resolution approving this item that the adoption of the ULDC shall not apply to the conditional zoning for the Henderson Farms property as previously stated.  That the property will be exempt from not only the ULDC but also the new map adopted along with the ULDC.

            Commissioner Jeffares made the motion to approve the Ordinance; Commissioner Stamey seconded.  The motion carried 5-0-0 approving the following Ordinance:

            WHEREAS, the Henry County Board of Commissioners desires to adopt the Henry County Unified Land Development Code; and

WHEREAS, the Unified Land Development Code replaces Chapters 3-6 through 3-11 and other Ordinances previously adopted by the Board of Commissioners; and

WHEREAS, the Unified Land Development Code includes an Official Zoning Map; and

WHEREAS, the Zoning Advisory Board held public workshops over the last year to provide affected property owners and other citizens of Henry County to participate in the creation of the unified Land Development code; and

WHEREAS, pursuant to O.C.G.A 36-66-4, public hearings were held by the Board of Commissioners on May 19, 2009 and September 15, 2009 and the Zoning Advisory Board on May 14, 2009 and September 10, 2009 after public notice as required by law, at which times all owners of property affected and other citizens of Henry County were given the opportunity to voice their protests, suggestions, or criticism, if any;

WHEREAS, the Henry County Board of Commissioners passed a ninety (90) day moratorium on Wireless Communication Facility (WCF) applications on Tuesday August 25, 2009, and said moratorium will be in effect even after the adoption of the Unified Land Development Code.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners ordains that the Henry County Unified Land Development Code is adopted as follows:

A.     The Henry County Unified Land Development Code is adopted for the purposes and intent set forth therein and shall become effective on September 15, 2009.

B.     The Henry County Zoning Map, dated September 15, 2009, including the computer-based electronic version thereof, is adopted as the Official Zoning Map of Henry County and shall become effective on September 15, 2009.

C.     The following ordinances and regulations previously adopted by the Henry County Board of Commissioners, and as amended from time to time, are hereby repealed upon the effective date of adoption of the Unified Land Development Code:

1.      Chapter 3-6: Planning & Development

2.      Chapter 3-7: Zoning

3.      Chapter 3-8: Subdivision

4.      Chapter 3-9: Buildings and Building Regulations

5.      Chapter 3-10: Signs

6.      Chapter 3-11: Drainage and Flood Control

D.    The conditional rezoning approved for Henderson Farms on August 18, 2009 by the Board of Commissioners rezoning the applicable property from RA to PD per Resolution No. 09-205 (Rezoning File No. 09-04) shall be exempt from the provisions of the ULDC and the new Official Zoning Map.  Such property shall be governed by a Development Agreement entered into between the parties subsequent to the adoption of the ULDC and the County Zoning Ordinance in effect prior to the adoption of the ULDC.

E.     All other laws or regulations or parts of laws or regulations of Henry County in conflict with the Unified Land Development Code are hereby repealed to the extent of their conflict as of the effective date of the Unified Land Development Code. Where the Unified Land Development Code overlaps with other requirements adopted by the Board of Commissioners, whichever imposes the more stringent restrictions shall prevail.

F.     It is hereby decreed to be the intention of the Henry County Board of Commissioners that the sections, paragraphs, sentences, clauses and words of the Henry County Unified Land Development Code are severable and if any word or words, clause or clauses, sentence or sentences, paragraph or paragraphs, section or sections of the Unified Land Development Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining words, clauses, sentences, paragraphs, and sections of the Unified Land Development Code as the same would have been enacted by the Henry County Board of Commissioners without the incorporation in the Unified Land Development Code of any such unconstitutional word or words, clause or clauses, sentence or sentences, paragraph or paragraphs, section or sections.

 

Tim Jones Properties, Inc. of Jonesboro, GA – RZ-08-06

            Jeremy Gilbert, Planning & Zoning presented the agenda item to the Board.  Tim Jones Properties, Inc. of Jonesboro, GA requests a rezoning from R-2 (Single-Family Residence) to PD (Planned Development) for property located on the eastern side of North Mount Carmel Road, north of Mount Carmel Road.  The property is located in Land Lot 139 of the 6th District consisting of 82.23 +/- acres.  The property is located within Commission District 2.  This item was tabled at the August 17th Board of Commissioners meeting.  The applicant intends to develop the 82.23 +/- acres as a mixed use planned development with single-family residential and two-family residential pods.  Pod 1 and 2 would be a 55+ community with Pod 3 being a standard single family residential.  Pod 1 is for singe-family homes located within the 55+ community.  Pod 2 would be designated for ranch style condominiums.  The Zoning Advisory Board as well as staff recommended denial of the request.

            Commissioner Jeffares commented that the ULDC was just approved and looking at the new zoning districts, instead of a Planned Development, would it be better to have a residential suburban, which is a 55+ community.  Mr. Gilbert stated an RS zoning district in the Unified Land Development Code is designated for a mixture of residential uses and it would be a better fit.  Under the previous code, the Planned Development requires a mixture of uses.  This request only has a mixture of housing types; it doesn’t have a commercial or industrial type.  Approving a Planned Development in this area could lead to further request of mixed use developments.

            Tim Jones represented the applicant in the request.  The property was rezoned several years ago and there were 100 units for the 55+ community.  The other 40 units were the same as the units in the Crystal Lakes subdivision.  With the results of the economy the thought was to take the development and make it a retirement community.  The only way it could be done was to come in with condominiums for the other 40 lots. 

            Chairman Mathis called for public comments from anyone wanting to speak in opposition of the request.  Speaking in opposition was Nathan Batemen, citizen of the county.  Mr. Batemen asked that the Board go with what has already been approved for this property.

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

            Commissioner Bowman stated he thought the condominiums would be 2,500 and they would be split 1,250 per condo.  Mr. Jones stated it was his understanding that the condo’s would be 2,200 and would be split 1,100.  Commissioner Bowman stated the conditions for the rezoning state 2,000 square feet. 

            Commissioner Jeffares asked if the PD zoning is denied and RS is approved, the minimum house sizes would be addressed in the ULDC.  Mr. Gilbert stated that was correct.  The Unified Land Development Code list what the minimum heated floor space is for residence.  In the RS Zoning District single-family residential homes are 1,800 square feet as a minimum heated and also 1,000 square feet heated per unit is the Code’s minimum requirement for condominiums.  

            Commissioner Bowman stated there were comments regarding a 55+ community; once it’s recorded and the covenants are recorded, it can’t be changed.  Ms. Latonya Wiley, County Attorney stated she reviewed the request to see if it indicated that the applicant shall develop it as a 55+ community and if that’s the case the applicant would have to come back before the Board to have it changed.  The fact that it has to be developed as a 55+ community, the requirements of the Federal Fair Housing Act would have to be complied with.  If there were going to be any changes the Board would have to approve them.  Commissioner Bowman stated the difference is “it shall be” or “it will be”.  Ms. Wiley stated that was correct. 

            Commissioner Bowman stated regarding the 55+ community, it states that grandkids cannot stay over two weeks at a time; the children of a resident cannot stay over two weeks at a time, is this correct.  Commissioner Bowman wanted everyone to understand that the community will be gated and that it’s a 55+ community.  Ms. Wiley stated it is important to note that if the applicant develops a 55+ community and thereby triggers the provisions of the Fair Housing Act, the developer will be responsible for ensuring compliance of the community.  What the Board is saying is that if you are going to develop a 55+ community, the developer will have to be responsible for making certain that the development is consistent with the Federal Law.

            Commissioner Jeffares asked if the applicant was in agreement with the thirteen (13) conditions presented.  Mr. Jones stated he was in agreement with the conditions.

            Commissioner Basler stated he had concerns regarding the minimum 1,000 square foot for the homes within this community.  Mr. Jones stated nothing they had would be 1,000 square feet; there was a design for 1,100 square feet.

            Mr. Gilbert stated for a point of clarification on condition #3, it should be amended to read “based on the “Preliminary Concept Plan” dated 10/3/07, the applicant or developer shall develop Pods 1 and 2 meeting the requirements of the Federal Fair Housing Act for age restricted communities 55 and older and combined shall have a maximum of 180 units.”  Ms. Wiley stated for clarification it’s the intent to have Pods 1 and 2 to be developed as 55 or older communities and that development shall meet the requirements of the Federal Fair Housing Act.

            Commissioner Jeffares asked the applicant if he was in agreement with adding condition #14 to read the minimum house size shall be 1,100 square feet.  Mr. Jones indicated he was in agreement.

            Commissioner Jeffares made the motion to deny the rezoning request for PD (Planned Development) and approve a rezoning to RS (Residential Suburban) with fourteen (14) conditions; Commissioner Holder seconded.  The motion carried 4-0-0 (Commissioner Stamey was not present for the vote).  The following resolution was approved:

WHEREAS, Tim Jones Properties Inc. of Jonesboro, Georgia (RZ-08-06) applied to rezone the subject property from R-2 (Single-Family Residence) to PD (Planned Development) for a planned neighborhood development.  The property is located on the eastern side of North Mount Carmel Road, north of Mount Carmel Road (Parcel ID Number 036-02-006-000) in Land Lot 139 of the 6th District, consisting of 82.23+/- 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

WHERAS, the Henry County Zoning Advisory Board reviewed and recommended denial of the rezoning request from R-2 (Single-Family Residence) to PD (Planned Development) on May 22, 2008.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the above rezoning request for PD (Planned Development) and approves a rezoning to RS (Residential Suburban) with the following thirteen (13) conditions:

  1. All requirements of the ULDC for the RS (Residential Suburban) zoning district shall be met.
  2. Applicant or developer shall coordinate with the Henry County Department of Transportation to reserve and donate an eighty foot (80’) symmetrical right-of-way based on the proposed centerline realignment of North Mount Carmel Road as shown on the “Rezoning plat” dated 12/20/05 and based on a 45 mph design speed.
  3. Preliminary Concept Plan” dated 10/3/07, the applicant or developer shall develop Pods 1 and 2 meeting the requirements of the Federal Fair Housing Act for age restricted communities 55 and older and combined shall have a maximum of 180 units.
  4. Fencing and sidewalks shall be installed along North Mount Carmel Road in conformity with those installed by Crystal Lake subdivision, or as determined by the Development Plan Review Department.
  5. Sidewalks along both sides of interior streets, underground utilities, and streetlights shall be required.
  6. Amenity areas serving Pods 1 and 2 as illustrated on the “Preliminary Concept Plan” dated 10/30/07, shall including at a minimum tennis courts, a swimming pool, a wading pool, a pool house, gazebos, and an activity center.
  7. Prior to a building permit being issued for the seventieth (70th) residence; tennis courts, swimming pool, wading pool, pool house, gazebos, activity center, and sidewalks along North Mount Carmel Road shall be constructed.
  8. All homes shall be all-sides brick or stone, or a combination of brick, stone and cement-fiber board on all-sides.   Vinyl may be used on soffits, eaves, and fascia.
  9. All homes shall include patios enclosed by brick walls of a minimum three (3) foot in height in conformity with those installed by Crystal Lake subdivision or as determined by the Development Plan Review Department, or a wooden deck and rear-yard privacy fence may be installed in lieu of a patio.  Patios shall not extend into drainage easements.
  10. There shall be no access from the dirt portion or the easement of N. Mt. Carmel Road for any purpose.
  11.  Lots shall consist of a minimum of ninety-six hundred (9,600) square feet in Pod 1; 18,000 square feet in Pod 3 and Pod 2 shall be fee-simple ranch condominiums.
  12. Front yard setbacks shall be twenty feet (20’). Side yard setbacks shall be five feet (5’) with a minimum of fifteen feet (15’) between structures. Rear yard setbacks shall be forty feet (40’).  A foundation location survey shall be provided at the footing inspections showing the location of the house on the lot and the distance between houses on adjoining lots. Drainage easements shall be reserved as determined by the Development Plan Review Department.
  13. Notwithstanding anything expressly to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner as to require any violation of any existing building, development, stormwater and/or any other applicable codes.
  14. The minimum house size shall be 1,100 square feet.

Carey Bunn of Locust Grove, GA – RZ-09-06

            Ray Gibson, Director of Planning and Zoning presented the agenda item to the Board.  The request is for a rezoning from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for 25.63 +/- acres of property located on the south side of Hampton Locust Grove Road east of Rocky Creek Road in Land Lots 178 and 207 of the 3rd District, and the request is for a residential subdivision.  This item was tabled at the August 17th Board of Commissioners meeting.  The subject property is surrounded by RA (Residential-Agricultural) zoned property.  The applicant would be utilizing public sewer and water for the development.  The current Future Land Use Map (adopted 9/15/2009) designates the subject property for rural residential land uses at up to one dwelling units per acre.  The old Future Land Use Map designated the subject property for residential and agricultural land uses not to exceed .8 dwelling units per acre.  The conceptual site plan illustrates 20 lots, 11 of which have a minimum lot size of 18,000 square feet.  The other 9 have a minimum lot size of 1.5 acres because the lots are located within the water quality critical area of the Towaliga Watershed Protection District.  The proposed net density for the development is .8 dwelling units per acre.  There are plans for road improvements in the area of the subject property.  As a result of the plans, 4 lots will be impacted which will bring the lot count down to 16 lots.  The Zoning Advisory Board recommended approval with 11 conditions of zoning.

            Commissioner Jeffares asked if the rezoning would fit better with the ULDC for an R4 zoning.  Mr. Gilbert stated there were discussions with the applicant and noted in order to maintain having 20 lots (with the proposed road improvements) an R4 single-family residential zoning district which would allow the 11 lots to be a minimum of 12,000 square feet rather than 18,000 square feet and the water quality critical lots remain at a minimum of 1.5 acres.  There is a resolution approving the R4 zoning with 12 conditions.  Condition #9 was amended to say the density shall not exceed 1.0 dwelling units per acre instead of 0.8 per the new Comprehensive Plan.  Condition #11 was added “The applicant shall meet all the requirements of the Unified Land Development Code (ULDC) for a development within an R-4 (Single-Family Residence) zoning district”.  With an R-4 zoning the applicant would still get their 20 lots, even with the right-of-way being preserved or donated. 

            Chairman Mathis asked if this zoning met the 2030 requirements.  Mr. Gilbert stated yes it does. 

            Michael Elliott, Civil Engineer and Land Planner with Elliott Land Planning represented the applicant for the rezoning request.  The property was acquired by the applicant in 2004.  The property is not surrounded totally by residential agricultural land the property abuts the Towaliga Reservoir.   It was smart planning to place the homes on public sewer rather than septic.  The applicant will not exceed 1 unit per acre. 

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

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

            Chairman Mathis asked if there was a minimum house size.  Mr. Elliott stated the minimum house size is addressed in condition #11 with the R-4 zoning.  Mr. Gilbert stated the minimum house size is 1,800 square feet. 

            Chairman Mathis commented on the net density not to exceed 1 dwelling units per acre, even though in the critical area it is 0.8; is this based on septic tank.  There has been discussion regarding the 0.8 units per acre required in the critical area.  Mr. Gibson stated there were no comments from the Water Authority on those changes.  Commissioner Holder stated the 0.8 was part of the old plan and that has been changed to 1.0 as part of the new Comprehensive Plan. 

            Commissioner Stamey asked if the applicant was ok with coordinating with SPLOST on the widening of Hampton Locust Grove Road.  Mr. Elliott stated the applicant is already working with SPLOST and they are going to deal in good faith when it comes time to acquire the property. 

            Commissioner Jeffares made the motion deny the R-2 rezoning request and approve the R-4 with 12 conditions; Commissioner Holder seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, Carey Bunn of Locust Grove, Georgia (RZ-09-06) requested a rezoning from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for property located on the south side of Hampton Locust Grove Road east of Rocky Creek Road (Parcel ID Number 040-01-015-001), in Land Lots 178 and 207 of the 3rd District, consisting of 25.63+/- 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 denies the R-2 request and approves R-4 (Single Family Residence) with the following twelve (12) conditions:

1.      The minimum lot size shall be 12,000 square feet in the Limited Development Area and; one and a half (1.5) acres within the Water Quality Critical Area of the Towaliga Watershed.

  1. The Applicant is to coordinate with the SPLOST Department to preserve property to provide for future right-of-way for the widening of Hampton Locust Grove Road based on proposed centerline alignment for the future roadway.  All setbacks shall be based on the new (proposed) right-of-way.

3.      Uniform mailboxes throughout the development shall be required.

4.      The subdivision entrance shall be located such that the minimum intersection sight distance is met per the posted speed limit. An acceleration taper/deceleration lane shall be constructed at the sites entrance to Henry County DOT standards.

  1. There shall be a one hundred and fifty foot (150’) vegetative buffer setback and a two hundred foot (200’) impervious surface setback along the Towaliga River, as measured from the stream’s banks. 
  2. All yards shall be sodded to the rear drip line of the homes.

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

8.      Underground utilities and streetlights shall be required.

9.      The net density shall not exceed 1.0 dwelling units per acre.

10.  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.

11.  The Applicant shall meet all the requirements of the Unified Land Development Code (ULDC) for a development within an R-4 (Single-Family Residence) zoning district.

12.  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.

Stephanie Hoffman and Amy Bodle of Locust Grove, GA – RZ-09-09

            Ray Gibson, Director of Planning and Zoning presented the agenda item to the Board.  The request is to rezone 27.706 +/- acres from RA (Residential-Agricultural) to C-2 (General Commercial) for property located north of the Southern Railroad right-of-way and south of Trestle Road on the west side of Highway 155 South in Land Lots 178 and 179 of the 2nd District.  The request is for a retail/office development.  The property is surrounded by RA (Residential-Agricultural) property and encompasses C-1 property, which is the Liberty gas station as well as R-2 zoned property to the east.  The Heron Bay development is located to the south of the subject property.  The old Future Land Use Map designates the subject property for low density residential land uses as does the new Future Land Use Map 2030.  This request does not meet the old or new Future Land Use Map.  The conceptual site plan submitted by the applicant illustrates 5 retail buildings consisting of approximately 60,000 square feet and 11 office buildings consisting of approximately 115,000 square feet.  The plan also illustrates 720 parking spaces with two proposed access locations to State Route 155 that will have to be approved by the Georgia Department of Transportation.  The subject property is located within the limited development area of the Indian Creek Watershed Protection District and will have to meet all those requirements.  The Zoning Advisory Board recommended denial of the rezoning request for the reason that the applicant was proposing to utilize septic and not sewer.  A resolution was presented approving the request with 12 conditions.  Condition #11 was added to read “The portion of the subject property that is directly north of the Gas Station (Parcel ID Number 080-01-022-005) can be developed utilizing septic.  The remaining portion the subject property shall utilize public sewer and the Developer shall not obtain a land disturbance permit until sewer is brought to the property”.  Condition #10 states “the Developer shall preserve right-of-way to provide for a future 120’ right-of-way width (60’ from the existing center of Highway 155 to the site’s side along the site’s frontage).

            Commissioner Holder commented that he understood the comment regarding the rezoning doesn’t meet the requirements in the previous or the present Comprehensive Plan.  Commissioner Holder asked if this was part of an activity center for Heron Bay at one time and it showed the subject property as commercial.  Mr. Gibson stated yes it did.  Commissioner Holder continued that also on Highway 155, from I-75 to the Spalding County Line, how many new homes have been built that was not inside a planned subdivision.  Mr. Gilbert stated probably none.  Commissioner Holder stated there have been numerous commercial or industrial lots along Highway 155, from I-75 to the Spalding County Line.

            Staff stated this application was submitted prior to the adoption of the ULDC, if the rezoning was approved it would automatically amend the current Future Land Use Map.

            Timothy Dean represented the applicant for the rezoning.  Commissioner Holder asked if the rails were still in place on the railroad.  Mr. Dean commented that some sections had been removed and some were still there.  Commissioner Holder asked approximately how many acres is the property north of the Liberty store.  Mr. Dean stated it’s approximately 5 acres. 

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

            Chairman Mathis called for public comments from anyone wishing to speak in favor of the request.  Speaking in favor was Jim Moss, owner of the Liberty gas station.

            Commissioner Stamey asked will there be an additional condition regarding submitting a new site plan separating the parcels.  Mr. Gibson commented that the language could be added to condition #11 “the applicant shall submit a new site plan showing the division of the septic tank to the sewer property and must be submitted to the Planning and Zoning Department.

            Commissioner Holder asked if the applicant was in agreement with the amended conditions (#10 and #11).  Mr. Dean stated yes they are in agreement.

            Mr. Gibson stated the Department of Transportation would also like to preserve an additional 10’ along Trestle Road.  Commissioner Holder stated that would be Condition #13 and asked if the applicant was agreeable to that condition.  Mr. Dean stated yes.

            Commissioner Holder made the motion to approve the rezoning with the amendments to condition #10 and #11 and adding condition #13 that an additional 10’ of right-of-way will be preserved along Trestle Road; Commissioner Basler seconded.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, Stephanie Hoffman and Amy Bodle of Locust Grove, Georgia (RZ-09-09) applied to rezone the subject property from RA (Residential-Agricultural) to C-2 (General Commercial) for a retail/office development.  The property is property located north of the Southern Railroad right-of-way and south of Trestle Road on the west side of Highway 155 South (Parcel ID Numbers 080-01-020-010 and 080-01-020-005), in Land Lots 178 and 179 of the 2nd District, consisting of 27.706+/- 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

WHERAS, the Henry County Zoning Advisory Board reviewed and recommended denial of the rezoning request from RA (Residential-Agricultural) to C-2 (General Commercial) on July 9, 2009.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the above rezoning request with the following twelve (12) conditions:

  1. All buildings shall be constructed of brick, stone, stucco, glass or any combination thereof.
  2. An exterior lighting plan shall require all lighting to be of moderate brightness and downcast.
  3. A detailed landscaping plan shall be submitted.  The Development Plan Review Department shall have final approval of the plan prior to final plat approval.
  4. Tract 6 on the survey dated, 5-18-09, and prepared by Acme American LLC shall be limited to office use only.
  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.
  6. 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, and shall not exceed fifteen feet (15’) in height.
  7. The Developer shall coordinate with the Georgia Department of Transportation (GDOT) concerning access to the site from Highway 155 as well as any required improvements to Highway 155 for access into the site. 
  8. If the Developer intends for any of the interior access network to be county roadways, then the sections of applicable roadway are to be designed and constructed to commercial roadway standards including the provision of the standard commercial roadway right-of-way corridor.  If practically possible, the Developer is to coordinate with the existing convenience store to provide inter-parcel access.
  9. There is to be no public access from the site onto Trestle Road unless the Developer is willing to design, acquire any necessary additional right-of-way and easements, relocate utilities, and construct roadway to HCDOT standards from the limits of applicant’s frontage to Highway 155.
  10. The Developer shall preserve right-of-way to provide for a future 120’ right-of-way width (60’ from the existing center of Highway 155 to the site’s side along the site’s frontage). Upon widening of roadway to a four lane section with a raised median, curb cuts into the site may be restricted to limited access.
  11. The portion of the subject property that is directly north of the Gas Station (Parcel ID Number 080-01-022-005) can be developed utilizing septic. The remaining portion of the subject property shall utilize public sewer and the Developer shall not obtain a land disturbance permit until sewer is brought to the property.  There shall be a separate site plan for the property north of the Liberty gas station.
  12. 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.
  13. The applicant shall preserve and additional 10’ of right-of-way along Trestle Road.

County Manager Comments

            There were no comments.

County Attorney Comments

            There were no comments.

Public Comments

            There were no comments.

Upcoming Meetings

1.      October 5th at 9:00 a.m. a Workshop Meeting and October 6th at 9:00 a.m. Regular Board Meeting.

2.      October 19th at 9:00 a.m. and October 20th at 6:30 p.m. are Regular Board Meetings.

Adjournment

            Commissioner Stamey made the motion to adjourn; Commissioner Basler seconded.  The motion carried 5-0-0.

                                   

                                                                                    Elizabeth “BJ” Mathis, Chairman

 

            Shay Mathis, County Clerk