STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a Public Meeting at 6:30 p.m. on Tuesday, October 16, 2007, in the Community Room, County Administration Building, 140 Henry Parkway, McDonough, Georgia.  Notice of this meeting was posted in the entrance foyer of the County Administration Building. The Daily Herald was notified of this meeting. Those present were:

 

          Jason T. Harper, Chairman,

          Warren E. Holder, District I Commissioner

          Elizabeth (“B.J.”) Mathis, Vice-Chairman, District II Commissioner

          Randy Stamey, District III Commissioner

          Reid A. Bowman, District IV Commissioner

Johnny B. Basler, District V Commissioner

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant County Manager; 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 Harper called the meeting to order and called for an acceptance of the agenda.  Commissioner Stamey made the motion to approve the agenda; Commissioner Mathis seconded.  The motion carried unanimously.

PUBLIC WORKS

Abandonment of a public road known as Linkview Crossing

          Terry McMickle, Public Works Division Director, presented the agenda item to the Board.  The request is to abandon a portion of Linkview Crossing, and privatize the streets and approve a maintenance agreement.  In Resolution 05-388 (Cole Tract Associates VR-05-15) the Board approved a variance to allow for private streets with conditions.  One of the conditions was that a maintenance agreement be formed and that agreement is part of the request.  Linkview Crossing is a subdivision within Heron Bay and goes from Heron Bay Boulevard to the Spalding County line.  The request is to abandon a portion of that roadway according to the conditions of Resolution 05-388.  All legal requirements have been met.

          Commissioner Stamey asked if any improvements had been done on the Spaulding County side of the property.  Mr. McMickle stated he was not sure if any improvements had been made to the road on the Spaulding County side.  It was stated that Spaulding County would privatize the roads on their side as well. 

          Commissioner Holder stated he received a call from a resident who owns property at the corner of Linkview Crossing and Heron Bay Boulevard.  Her concern was, once the streets are privatized, how she would access her property on the private side of the gates. Mr. McMickle stated according to Resolution 05-388, condition #6 the access code shall be made available through the Homeowners Association to every resident in Heron Bay. 

          Brian Davidson, representative of Heron Bay was present at the meeting.  Commissioner Holder asked Mr. Davidson if Ms. Bowlden (concerned resident) would be given an access code to enter the gates.  Mr. Davidson stated yes, they can actually give her an access card that can be used at all times. 

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

          Commissioner Holder made the motion to abandon a portion of a public road known as Linkview Crossing; Commissioner Bowman seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Cole Tract Associates, Inc. has filed with the Board of Commissioners of Henry County, a Petition for Partial Abandonment of a portion of a public road known as Linkview Crossing, located in Land Lots 246 of the 3rd District of Henry County, Georgia; and,

 

          WHEREAS, that portion of said road sought to be abandoned is shown on a plat which is attached to the said Petition, marked Exhibit “A”; and,

 

          WHEREAS, after due considerations, the property sought to be abandoned is no longer needed for public road purposes because of changed conditions, and it further appears to be in the best interest of all concerned as well as in the best interest of the public and Henry County, Georgia, to abandon that portion of Linkview Crossing ought to be abandoned by the aforesaid Petitioners;

 

          NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Henry County, Georgia, at its public meeting duly assembled, that a portion of Linkview Crossing shown marked on a plat which is attached hereto marked Exhibits “A”, and by reference made a part hereof, is herby abandoned.

 

          BE IT FURTHER RESOLVED, the Chairman is authorized to execute on behalf of Henry County, Georgia the Maintenance and Easement Agreement attached hereto as Exhibit “B” (on file in the County Clerk’s office)

 

PLANNING AND ZONING

Dilip Patel of Locust Grove, GA – MC-07-05

Dilip Patel of Locust Grove, GA requested a modification to a zoning condition for property located at 50 Price Quarters Road.  The property is located in Land Lot 6 of the 7th District, consisting of 2.259+/- acres.  The request is to modify a condition regarding a buffer.  The Zoning Advisory Board recommended approval on August 23, 2007.

          Andrella Slaughter, Planner II, presented the agenda item to the Board.  The request is for a modification to zoning condition # 9 which states, “property adjacent to Crown Corners Drive shall have a 75’ buffer”.  The rezoning for the subject property was approved by the Board of Commissioners on March 21, 2006 with twelve (12) conditions (Resolution 06-103).  The 75’ buffer is now a requirement of the Ordinance where the subject property abuts C-2 property.  According to Section 3-7-218 of the County Code a perimeter landscape strip of a minimum of ten (10) feet in width is required.

There were three (3) town hall meetings with the residents of the Crown Corners subdivision, the applicant and planning staff.  Planning staff made no recommendation on the request.  The Zoning Advisory Board recommended approval of the modification.  After the Zoning Advisory Board meeting, Stormwater Management was asked to review the request regarding the detention pond.  Condition #9 was amended after stormwater reviewed adding “The detention pond shall be screened via heavy landscaping using evergreens planted at least 10 feet away from any fill embankment; in no instance shall trees be planted on either slope of a fill embankment; minimum size shall be (twenty) 20 gallons, along the perimeter of the pond, totally screening the fence from public view.”

 

          Jason Houston, Houston Engineers, represented the applicant.  Mr. Houston stated they agreed with the condition and the amendment.

          Chairman Harper called for public comments from anyone wishing to speak regarding this public hearing.

          Ron Watson, resident of the Crown Point Subdivision, stated he was not in opposition but wanted to make sure the stipulations were clear.

          Chairman Harper explained that none of the other conditions have changed regarding the rezoning and the request is to modify condition #9.

          Terry McMickle, Public Works Division Director, stated the East Lake Extension project is in the right-of-way acquisition phase and there are federal funds involved and the road has been designated a temporary state route.  The applicant should be aware that they will have to apply with the Georgia Department of Transportation (GaDOT) for an access permit.  The applicant indicated they were aware of this information.

          Commissioner Stamey reiterated that there is 10’ built into the right-of-way and this request is an additional 10’.  Also there is to be neither pumps nor tanks behind the building; the only thing allowed behind the building is an office building.  Mr. Houston stated he agreed with Commissioner Stamey’s information.

          Commissioner Stamey also noted that this modification does not affect condition #3 of the rezoning; it is still in affect.

          Commissioner Stamey made the motion to approve the modification to a zoning condition including the pumps and tanks to be located in front of the gas station; Commissioner Mathis seconded.  The motion carried unanimously approving the following:

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

9.  There shall be a seventy-five foot (75’) wide planted buffer, along the northern property line with Crown Corners Subdivision, to consist of the following:

 

a.     Two (2) rows of Leyland Cypress or American Hollies staggered twenty feet (20’) on center

b.     One (1) vegetative berm that is a minimum of six feet (6’) in height from finished grade.

 

There shall be a ten foot (10’) wide planted buffer along Crown Corners Drive.  Staff shall not reduce the seventy-five foot (75’) wide planted buffer along the northern property line without the approval of the Zoning Advisory Board and the Board of Commissioners.  Any future development of the northern portion of the subject property shall be for office uses only.  The detention pond shall be screened via heavy landscaping using evergreens planted at least 10 feet away from any fill embankment; in no instance shall trees be planted on either slope of a fill embankment; minimum size shall be (twenty) 20 gallons, along the perimeter of the pond, totally screening the fence from public view.

 

Dutchtown Development, LLC of Jonesboro, GA – RZ-07-07

Dutchtown Development, LLC of Jonesboro, GA requested a rezoning from RA (Residential-Agricultural) to R-3 (Single-Family Residence) for property located on Campground Road east of SR 155.  The property is located in Land Lot 58 of the 7th District, consisting of 163.0+/- acres.  The request is for the development of an R-3 (Single-Family Residence) subdivision. The Zoning Advisory Board recommended denial on August 23, 2007.

Stacey Jordan, Chief Planner, presented the agenda item to the Board.  The applicant’s proposal is to develop a 357 lot single-family residential subdivision at a minimum of 12,000 square feet at a net density of 2.55 dwelling units per acre.  The proposal for the house size is a minimum of 1,300 square feet.  Staff and the Zoning Advisory Board recommended denial of the request.

Commissioner Holder stated according to the Ordinance, how many acres are allowable as an R-3 zoning.  Mr. Jordan stated R-3 zonings are limited to no more than twenty (20) acres per the county code.  Commissioner Holder stated according to the application the subject property is 162 acres; eight times the allowable acres.  Mr. Jordan stated that was correct and there was an associated variance that went to the Zoning Advisory Board and was denied and the applicant has requested an appeal of the denial. 

David Black represented the applicant for the rezoning request.  Mr. Black stated after the Zoning Advisory Board meeting there was a large outcry from the public opposed to the project.  The land use plan clearly calls for 2.5 per acre density in the area and the applicant was looking for some formula that would work for the land owner.  In the meantime between the Zoning Advisory Board meeting and as late as October 15th the applicant tried to have a meeting with the concerned citizens, Mr. Downey in particular, to try and find some middle ground between what everyone in the area would like (one acre lots in an area that has sewer) and what the applicant was asking for.  The Land Use Plan calls for an R-2 with 18,000 square foot lots which would be approximately 260 lots.  They could go 20 acres at R-3 and the remainder R-2 and that would be close to the requested density.  In an effort to make every one happy, Mr. Black stated they were not prepared to go forward with the rezoning request due to the non-cooperation of the community to meet and find middle ground.  The landowner can not accept a one per acre density on this project and Mr. Black requested a continuous on the hearing.

Chairman Harper, stated as the chair of the meeting, administratively he controls the agenda and until the Board says otherwise the item will not be tabled.  The applicant can withdraw the application and begin the process over again or the rezoning can be heard or a Board member can make a motion to override the decision.

Mr. Black stated the applicant has not requested the rezoning be tabled at a Commission meeting, this is the first time it’s has been presented to the Board of Commissioners and the first request for the item to be tabled.

Commissioner Stamey stated he would honor the Chairman’s request to hear the rezoning.  It has been scheduled for many weeks.

Mr. Black stated they were not ready to proceed with the hearing do to the fact that meetings could not be scheduled with the public.

Commissioner Stamey, commissioner for the district, asked Mr. Black if he thought it would be fair for the Board to review an alternate plan that staff had not had a chance to review.

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

·        Larry Stanley, 899 East Lake Road, a resident of the county.

·        Becky Brown, 1425 Campground Road, a resident of the county (her property is directly across the street from the proposed subdivision)

·        Bob Marshall, 247 Bryans Drive, a resident of the county

·        Charles Downey, 557 Heathmoor Drive, a resident of the county

Commissioner Mathis commented that the goal of the Board is to not only educate the citizens but to also involve them in their government.  Commissioner Mathis also explained the process for rezoning property. 

Commissioner Holder asked Mr. Black if he was willing to withdraw his application.  Mr. Black responded he would withdraw the application.

Ray Gibson, Planning & Zoning Director, explained the applicant will have to resubmit an application and go through the application process with staff and will also be heard by the Zoning Advisory Board and then the Board of Commissioners.

Chairman Harper stated he knew the applicant would prefer to table the request but once the agenda has been adopted it would take a Board action to remove it from the agenda.  An applicant can withdraw an application before a vote is taken.

Mr. Black stated the applicant would withdraw the rezoning application.

Chairman Harper announced there was no longer a request pending to rezone anything on Campground Road.  The property will remain at its current zoning and in order for the property to be rezoned, there would have to be an application and new plans would have to be submitted to staff for review.

Brenda Padovani, 186 Ashley Drive, asked if the applicant resubmits an application to rezone the property, how long would the process take.  Chairman Harper responded it would take several months.  Commissioner Stamey stated it would take approximately four (4) to six (6) months. 

Claudette Barger, 1205 Campground Road, gave comments regarding the time the citizens in the community had put in regarding the rezoning.

Sonny Barger, 1205 Campground Road, gave comments regarding the traffic on Campground Road.

Commissioner Basler commented that there be a town hall meeting where the community and the developer can communicate and when the rezoning is brought to the Board there is a better understanding of the issues.

Commissioner Stamey asked Mr. Black if he had any interest in annexing the property into the City of McDonough.  Mr. Black stated no, he would rather work with Henry County.  He further stated he would re-apply for a straight R-2 with 18,000 square foot lots; exactly what the Ordinance called for.

Commissioner Stamey asked Mr. Black if he would be willing, at some point before the rezoning is presented to the Zoning Advisory Board, to have a town hall meeting.  Mr. Black stated absolutely, they would be applying for an R-2 zoning on tomorrow (Wednesday, October 17, 2007).

Commissioner Stamey commented that Mr. Black keep in mind that R-2 in District 3 is usually about 22,000 minimum square foot lots.  Mr. Black suggested the Ordinance be amended because that’s not what it states.

 

Dutchtown Development, LLC of Jonesboro, GA – AP-07-10

Dutchtown Development, LLC of Jonesboro, GA appealed the denial of a variance for property located on Campground Road across from Bryans Drive.  The property is located in Land Lot 58 of the 7th District, consisting of 163.0+/- acres.  The request is for the development of an R-3 (Single-Family Residence) subdivision, associated with rezoning case RZ-07-07, exceeding 20 acres.  This was denied by the Zoning Advisory Board on August 23, 2007.

This item was withdrawn by the applicant.  No vote was taken.

The Board recessed the meeting.

 The meeting was called back to order by the Chairman.

Linda Norton of McDonough, GA – RZ-07-19

Linda Norton of McDonough, GA requested a rezoning from RA (Residential-Agricultural) to C-2 (General Commercial) for property located at 1938 Highway 81 East.  The property is located in Land Lot 172 of the 7th District, consisting of 2.28+/- acres.  The request is for the development of a veterinary hospital.  The Zoning Advisory Board recommended approval on August 23, 2007.

Brecca Sherow, Planner II, presented the agenda item to the Board.  The applicant’s request was for the development of a veterinary clinic.  The existing 1,900 square foot single-family residence would be renovated for the proposed establishment.  A conditional use for the clinic was approved by the Zoning Advisory Board with two (2) conditions. As depicted on the zoning map the property is located at 1938 Highway 81 which is to the east of First State Bank which is zoned Office-Institutional and the abutting properties to the north, south, east and west are zoned RA Single-Family residences.

The Future Land Use Map designates the subject property for Residential and Agricultural uses at up to 0.8 dwelling units per acre within the Tussahaw Watershed Protection District.  The Proposed Future Land Use Map designates the subject property for Low Density Residential ranging between one (1) and two (2) dwelling units per acre.

The site plan presented depicted a 40’ wide buffer when property abuts residential zoned parcels to the south, east and western corner.  Road access is proposed onto Highway 81.  Staff recommended denial of the request as it does not meet the Future Land Use Map designation.  The Zoning Advisory Board recommended approval with conditions and a resolution listing the conditions were presented to the Board.  After speaking with the Building Department it was recommended that condition # 2, regarding the building materials, be amended to allow some flexibility where the applicant can use the necessary materials for different parts of the building.  Condition #2 should read “Any proposed or new buildings shall be constructed of brick, stone, stucco, glass or any combination thereof and shall undergo architectural review by the Planning and Zoning Department prior to the issuance of permits.

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

Dr. Marisa Craig, 151 Honey Creek Road, represented the applicant.  Chairman Harper asked Dr. Craig if she heard the recommendation of the staff’s approval with the conditions; Dr. Craig stated she had and is in agreement with the conditions.

Commissioner Mathis asked if any thought had been given to the possibility of inter-connectivity, if the request is approved, between the bank and the proposed development.  Ms. Sherow stated staff did not recommend that as a condition, however if the Board deemed it appropriate that would be fine.

Mr. McMickle stated there is a detention pond for the bank and it is possibly located between the bank building and the subject property and there might be some limitation on the bank’s property.

Commissioner Stamey asked for clarification regarding condition #10 (the applicant shall coordinate and preserve the right-of-way for future road improvements along SR 81).  Mr. McMickle stated the reason for the condition is because the county is looking at making improvements to the intersection.

Dr. Craig stated regarding the detention pond, it is located in the rear of the property between the two buildings which means the septic system is in the front of the lot and is not sure if a driveway could be installed.

Commissioner Stamey asked Dr. Craig if she would entertain the idea of interconnectivity between the two properties if possible.  Dr. Craig stated yes, if possible.

Commissioner Holder stated he was very proud to see a veterinary clinic within the area.  Commissioner Holder suggested that in condition #10 the word SPLOST be removed and Henry County be inserted and also suggested adding condition #12 to read “If interconnectivity is possible between the First State Bank and the subject property that staff will require there be interconnectivity.  Dr. Craig stated she was in agreement with the recommendation.

Commissioner Holder made the motion to approve the rezoning adding condition #12; Commissioner Stamey seconded.  The motion carried unanimously approving the following conditions:

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

1.     No outside runs or pens shall be placed on the property in conjunction with the proposed veterinary clinic/animal hospital, with the exception of a fenced in area for exercising the dogs while in the custody of an attendant.

2.     Any new buildings shall be constructed of brick, stone, stucco, glass or any combination thereof.  Eaves, soffits, and dormers may be constructed of any other material.

      2.  Any proposed buildings shall be constructed of brick, stone, stucco, glass or any combination thereof and shall undergo architectural review by the Planning and Zoning Department prior to the issuance of permits.

3.     All building, fire and accessibility codes shall be met for the proposed veterinary clinic as well as future commercial development on the site.

 

4.     All signage, not attached to a building, shall be monument-based not to exceed ten feet (10’) in height and shall be constructed of materials consistent with the architectural design of the primary building(s).

 

5.     A detailed landscape plan shall be submitted to and approved by the Development Plan Review Department per the requirements set forth within Article X. Buffer Areas of the Henry County Ordinance. Provided that the natural buffer along the eastern portion of the property is adequate, an additional buffer may not be required.

 

6.     A forty foot (40’) wide planted buffer shall be located along the northern property line, as to mitigate the adverse impacts upon residentially zoned property as required by the Henry County Ordinance.  The following number of plant materials shall be required for each fifty linear feet (50’), or portion thereof, of the required property buffers:

a.      One (1) canopy tree

b.     One (1) evergreen tree

c.     One (1) understory tree

d.     Five (5) shrubs

 

7.     An exterior lighting plan shall be submitted to the Development Plan Review Department and shall require that all lighting be of moderate brightness and consist of downcast lighting.

 

8.     Parking requirements shall be addressed during the Development Plan Review stage in accordance with Section 3-7-212. Parking and Loading Requirements of the Henry County Code of Ordinances.

 

9.     Any dumpster(s) shall be placed on a concrete pad and enclosed on three sides.  The enclosure shall be a minimum of six (6) feet in height and the materials shall be consistent with that of the primary structure.

 

10. The applicant shall coordinate with the Georgia Department of Transportation and Henry County regarding road access via ingress/egress lanes from State Route 81 and the preservation of right-of-way for future road improvements along State Route 81.

 

11. 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.

 

12. If interconnectivity is possible between the First State Bank and the subject property that staff will require there be interconnectivity.

 

COUNTY MANAGER COMMENTS

          There were no comments.

COUNTY ATTORNEY COMMENTS

          There were no comments.

PUBLIC COMMENTS

          Mr. Leon Forrer spoke regarding Avalon Park being or not being a County Park.

APPROVAL OF MINUTES

          Commissioner Mathis made the motion to approve the September 25th and October 1st BOC meeting minutes; Commissioner Stamey seconded.  The motion carried unanimously.

UPCOMING MEETINGS

                 1.      Monday, November 5th and Tuesday, November 6th @ 9:00 a.m., Regular BOC meeting

                 2.      Monday November 19th @ 9:00 a.m. and Tuesday, November 20th at 6:30 p.m., Regular BOC meeting

EXECUTIVE SESSION

          No executive session was held.

ADJOURNMENT

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