The Henry County Board of Commissioners held a Public
Meeting at 9:00 a.m. on Tuesday, November 6, 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 acceptance of the agenda. Commissioner Mathis made the motion to approve the agenda; Commissioner Holder seconded. The motion carried unanimously.
Chairman Harper announced the following item would not be heard and would be scheduled:
Michael T. Turner of
Turner of McDonough, GA requests a rezoning from RA (Residential-Agricultural)
to C-2 (General Commercial) for property located on the southwestern side of
Roderick Burch, Chief Financial Officer and Ray Novotny, Manager, Customer Service gave an update to the Board regarding the drought status for Henry County. Mr. Burch first gave an update on the reservoirs. A calculation was done on October 31, 2007 to determine the amount of water that is currently in the reservoirs. There are a total of five (5) reservoirs; two (2) big reservoirs and three (3) small ones. After the calculations were done it was indicated that the reservoirs held a total of 11.7 billion gallons of water. During the last twelve months, a total of 6.4 billions gallons of water was used.
Chairman Harper stated while
The Water & Sewerage Authority has
been working to meet the state requirements.
The first requirement is for the Level 4 drought restrictions that were
put in place and also how to comply with the 10% reduction quote mandated by
the Governor and the Environmental Protection District. A letter was received stating the winter
supply has to be reduced by 10%. Almost
80% of the water use in
This past year the county averaged approximately 17.5 million gallons per day and during the low flow months the average was approximately 14.8 million gallons per day. The target is 13.3 million gallons per day. This will be difficult to hit but the Water Authority will be able to show that every measure possible has been taken to meet the criteria and the State will take that into consideration for the counties that do not meet the requirements. There is a leak detection program that has discovered a number of leaks and repairs made resulting in less water that’s wasted. The Authority has been aggressive in the meter maintenance program. A lot of meters that were passing water without being detected or leaking are now repaired. Currently requirements are being met that is required by the Metropolitan North Georgia Water Planning District.
Ray Novotny stated the Water Authority was educating the public. There have been meetings with apartment complexes, and golf communities regarding measures that can be taken to cut back on the water use. In addition, low flow water saver kits are being distributed. There have been meetings with the local schools regarding their irrigation systems. The Water Authority responds to 100% of the calls from customers. There have been over 300 non-compliance warning notices issued to customers and there have been 7 second warnings issued resulting in a $100 fee.
Planning and Zoning
Chairman Harper recognized Mr.
Andy Henry’s Senior Class of Bible Baptist,
Cameron Properties, Inc. of
Cameron Properties, Inc. of
Brecca Sherow, Planner II, presented the agenda item to the Board. On June 21, 2005 the property was rezoned to R-2 for the development of a Single-Family Residential Subdivision with eleven (11) conditions. The property is currently under construction. The applicant’s request is to modify zoning conditions #4 (All homes shall be all sides brick) and #6 (All homes shall have a minimum roof pitch of 8/12). The applicant’s request is to modify condition #4 as follows: All homes shall consist of all sides brick, stone, stucco or any combination thereof. Cement fiberboard may be used as accents in dormers, gables, bay window and above the roofline of houses. Vinyl shall only be permitted in the dormers, soffits, facia and chimney chase above the roofline of the houses. The applicant’s request is to modify condition #6 to read as follows: All homes shall have a minimum roof pitch of 8/12, except for a 5/12 roof pitch on dormers.
At the September 13, 2007 Zoning Advisory Board meeting the Board members recommended approval to modify zoning conditions #4 and #6.
Stan Cameron, Cameron Properties, represented the applicant. Mr. Cameron stated the requested modification will give the homes more curb appeal. This does not affect the price point in any manner. Mr. Cameron mentioned regarding the roof pitch, they were not trying to change the primary pitch of the roof, but trying to make it where a dormer could be placed on the roof. Mr. Cameron showed photos of the types of homes that would be built with the current conditions and photos of the types of homes that they would like to build if the modification is approved.
Commissioner Bowman stated he was in agreement with most of what’s being requested but regarding condition #4, he would like for it to read that vinyl shall only be permitted in the soffits and facia only. Mr. Cameron stated the planning staff can not make a recommendation on a modification but they make suggestions for the language for the modification and it was suggested as follows and Mr. Cameron is in agreement:
Should the Board of Commissioners approve the request to modify condition number 4, Planning Staff recommends that the following be approved as done for previous and similar modification requests regarding building materials:
4. All homes shall consist of all sides brick or a combination of two of the following materials on all sides of the house: brick, stone or cement fiberboard. Vinyl shall only be permitted in the soffits and fascia.
Commissioner Bowman stated he had concerns with condition #4 as it is stated and would like for it to read: All homes shall consist of all sides brick, stone, stucco or any combination thereof. Cement fiberboard may be used as accents in dormers, gables, bay windows and above the roofline the houses. Vinyl shall only be permitted in soffits and facia.
Mr. Cameron asked for clarification on condition #4 that cement fiberboard may be used on any side of the home provided it is in those areas. Commissioner Bowman stated that was correct. Mr. Cameron stated the way the condition reads vinyl is only permitted in the soffits and facia, which they are in agreement with, except that a lot of builders are using vinyl for the shake shingles because they don’t have to be painted. Commissioner Bowman stated he had a problem with that.
Chairman Harper called for public comments from anyone wishing to speak regarding the modification request; there was no response.
Commissioner Bowman made the motion
to approve the modification request with conditions #4 and #6 as modified;
Properties, Inc of
WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and
WHEREAS, the request was to modify zoning conditions regarding building materials and roof pitch; 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
NOW, THEREFORE, BE IT RESOLVED THAT the
4. All homes shall consist of all sides brick, stone, stucco or any combination thereof. Cement fiberboard may be used on any side of the home as accents in dormers, gables, bay windows and above the roofline the houses. Vinyl shall only be permitted in soffits and facia.
6. All homes shall have a minimum roof pitch of 8/12, except for a 5/12 roof pitch on dormers.
Lovejoy Realty of
Jordan, Chief Planner, presented the agenda item to the Board. The subject property is south of Tara
Field/Clayton County Airport and one block west of the Atlanta Motor
Speedway. The applicant’s proposal is
for 352 residential units and approximately 900,000 square feet of airplane
hanger space. They also proposed ground
level retail with residential condominiums above. The Federal Aviation Administration (FAA) has
opposed any development that includes detention ponds within five miles of an
airport; particularly ones that include residential components. The Atlanta Regional Commission (ARC)
resolved that this particular development is not in the best interest of the
region do to the FAA. The Department of
Community Affairs (DCA) requires a letter from
Harper stated he is the Chairman for the ARC’s Land Use Committee and he
recused himself from chairing the meeting but not from voting. It was a spilt vote to recommend that this
rezoning was not in the best interest.
The committee voted in opposition based on
Doug Dillard, Dillard & Galloway, represented the applicant in the rezoning request. The request is a planned development community of mixed uses of condominiums, hangars and retail. Mr. Dillard stated the existing RA (Residential Agriculture) classification is unconstitutional. That it is a taking of the valuable property rights which are protected under the Georgia Constitution.
William Abbate, Managing Member, made the following presentation to the Board:
Overview of Proposed 97 acre Planned Use
· Project Overview
is located on a 97 acre land parcel contiguous with, and southeast of, Clayton
County-Tara Field Airport (4A7), physically located in
o The Big 5 Enterprises, LLC (B5E) development is a secured access, aviation/airport driven planned development consisting of approximately 900,000 SF of FAA compliant aircraft hangars, approximately 480 Eagle’s Landing Country Club quality luxury condominiums, condo/hotel and retail space, and a state-of-the-art 20,000 SF fixed-base-operator (FBO) that is slated to be the finest in the U.S.
o Project is to be completed in two (2) phases. Duration of construction estimated to be thirty-six (36) months.
· Target Market
o Target market is the NASCAR community, including team owners, drivers, corporate sponsors, and affluent fans of the 75 million NASCAR fan base. Additionally, affluent non-NASCAR aviation enthusiasts who desire to reside in an executive quality fly-in community will be attracted to the development.
· Proposed Amenities
o Concierge service
o Charter services
o Pilot’s lounge
o Passenger’s lounge
o Flight planning area
o Conference rooms
o Private gym
o Rental car concession
o Swimming pool
o Tennis Courts
o AvGas & Jet A Fuel (full service only)
o Pilot’s supply shop
o Golf cart paths
o Water features
o Book store/Coffee Shop
o Restaurant with lounge
o VIP suites
o Limo services
o Security offices
o Executive protection services
o Full Service aircraft maintenance
· Economic Impact
o B5E’s “Thru-the-Fence Agreement” (TTF) with Clayton County was approved by UNANIMOUS vote of the Clayton County BOC in September 2006, and again by UNANIMOUS vote of the Clayton County BOC in December 2006. It was subsequently approved by a 4/1 MAJORITY vote of the Clayton County Airport Authority.
o The term of this agreement is 30 years with 10 year renewals.
o The TTF stipulates the terms and conditions via which residents of the B5E development can access and use the airport property. It also delineates and grants three (3) easements from the B5E property to the Clayton County-Tara Field Airport.
agreement has been executed by both parties and has been recorded in
to completion of the development, B5E has agreed to “make whole” the
completion of the development, the TTF provides for Aircraft Access Fees (AAF)
to be paid to
will lease from
annual revenues could exceed $1 million due to increased fuel sales if
increases the amount of hangar space available upon the field from some 27,000
SF owned by
o The B5E development effectively increases the size of the airport approximately 68% upon completion.
B5E development will bring sewer to the airport, an improvement vital to the
future development of the airport. The
proposed cost of running the sewer line was estimated by Clayton officials to
be $1.5 million.
estate taxes for the development are projected to exceed $3 million per
year. The current taxes are less than
$18,000.00 per year. These tax revenues
will be paid to
B5E development fits
Fees Due to
§ Plan Review:
§ Impact Fees:
· $1,660 per unit
jobs to be brought to
o AMS is enthusiastic about the B5E development, calling it, “ambitious, but much needed.”
potential exists for at least one race team to locate their super speedway
program at the B5E development. This
means more revenues for AMS, more jobs for
o B5E development fits into Governor Perdue’s initiative to expand general aviation airports
o The synergy of the project with NASCAR also corresponds with the states effort to promote the sport.
· Impact in General
o Creates an important buffer around the airport preventing less desirable non-aviation friendly residential communities from locating in close proximity to the airport.
exclusive, “country club” type development sets the tone for future development
in this area of
o Removes almost 100 acres of hazardous wildlife habitat from the airport environment.
o Will be extremely exclusive, yet will likely be less than 50% occupied even when sold out.
the way for the more desirable, southwest runway expansion away
o Will set the standard for security at an airport where NO security exists.
o Will create a revenue stream to make the airport self sufficient and in compliance with Federal Grant Assurances.
o Is a strong economic machine for not one, but TWO counties!
Chairman Harper called for public comments from anyone wishing to speak regarding the rezoning request; there was no response.
The applicant stated they were in agreement with the conditions.
Commissioner Basler seconded the motion. The motion carried unanimously approving the following conditions:
NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the request with the following conditions:
1. The developer shall meet all conditions of the GRTA Notice of Decision:
intersections within 100’ of
Bicycle and Pedestrian Facilities
· Provide sidewalks adjacent to external roadway frontage
· Provide sidewalks adjacent to both sides of internal roadways
US 19/41 at
· Install a traffic signal if warranted
Non-state Route Improvements
Alterations to Site Plan
· The on-site development will be constructed materially (substantially) in accordance with the site plan.
shall design and construct improvements to
3. (West) Selfridge Road shall be design and constructed to meet AASHTO 35 mph design speed requirements; 2001 or 2004 AASHTO horizontal curve and sag vertical curve requirements; and 1990 AASHTO crest vertical curve requirements.
All curb cuts
5. The developer shall coordinate with HCDOT concerning typical section of roadway (number of lanes, lane widths, median specifications, median opening spacing, shoulder width and slope, front slope, ditch width and depth, back slope, pavement typical sections, etc.)
6. 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.
7. A landscape plan meeting the approval of the Planning and Zoning Department is required to be submitted before the first certificate of occupancy is issued.
8. Any buffer are determined by the Planning and Zoning Department to require additional plantings shall be enhanced with plantings for each fifty linear feet or portion thereof of the required material:
a. one canopy
b. one evergreen
c. one understory
d. five shrubs.
9. Applicant will be required to submit and have approved a Tree Save Program prior to issuance of the development permit.
10. The development shall be constructed in accordance with the proposed master development plan that is presented. Any minor variance from the proposal must be approved by the Planning and Zoning Department but major variances must be brought to the Board of Commissioners for approval
County Manager Comments
There were no comments.
There were no comments.
There were no comments.
Approval of the minutes
Commissioner Bowman made the motion to approve the October 4th BOC/BOE minutes with a correction that Charles Vickery was absent and Ray Hudalla was present; and the October 15th and 16th BOC minutes; Commissioner Basler seconded. The motion carried unanimously.
1. Monday November 19th @ 9:00 a.m. and Tuesday, November 20th at 6:30 p.m., Regular BOC meeting
2. Monday, December 3rd @ 9:00 a.m. and Tuesday, December 4th @ 9:00 a.m., Regular BOC meeting
Jason T. Harper, Chairman