The Henry County Board of Commissioners held a Public
Meeting at 6:30 p.m. on Tuesday, October 16, 2007, in the Community Room,
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;
(NOTE: Audio of this meeting is available with the
Chairman Harper called the meeting to order and called for an
acceptance of the agenda.
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
Brian Davidson, representative of
Chairman Harper called for public comments from anyone wishing to speak regarding this public hearing; there was no response.
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
Dilip Patel of
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
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.
NOW, THEREFORE, BE IT RESOLVED THAT the
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:
Two (2) rows of Leyland
b. One (1) vegetative berm that is a minimum of six feet (6’) in height from finished grade.
be a ten foot (10’) wide planted buffer along Crown
Dutchtown Development, LLC of
Dutchtown Development, LLC of
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.
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.
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.
Chairman Harper asked for public comments from anyone wishing to speak in opposition to the request. Those speaking in opposition were:
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
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.
Dutchtown Development, LLC of
Dutchtown Development, LLC of Jonesboro, GA appealed the
denial of a variance for property located on
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
Linda Norton of
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,
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.
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.
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.
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
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
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.
There were no comments.
COUNTY ATTORNEY COMMENTS
There were no comments.
Mr. Leon Forrer spoke regarding
APPROVAL OF MINUTES
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
No executive session was held.
Commissioner Bowman made the motion to adjourn;