STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 6:30 p.m. on Tuesday, November 21, 2006, 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,

            Gerry Adams, Vice-Chairman, District IV Commissioner, presiding

            Warren E. Holder, District I Commissioner

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

            Randy Stamey, District III Commissioner

            Lee Holman, District V Commissioner

 

Also attending were Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Phyllis Shrader, Deputy County Manager; and others.

 

(NOTE: An 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.)

 

The Chairman called the meeting to order and announced the following items would not be heard:

Gilmore Partners, LLLP of Stockbridge, GA, RZ-06-43, Commissioner Adams, District 4(Presenter:  Ray Gibson, Director) (Exhibit # 15)

Gilmore Partners, LLLP of Stockbridge, GA requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located southwest of the intersection of Millers Mill and Springdale Drive.  The property is located in Land Lot 30 of the 11th District, consisting of 96.08 +/- acres.  The request is for the development of a single-family conservation residential subdivision.  The Zoning Advisory Board recommended DENIAL September 28, 2006. Applicant has requested to be rescheduled to the January 16th BOC Meeting.

Gilmore Partners, LLLP of Stockbridge, GA, AP-06-16, Commissioner Adams, District 4 (Presenter:  Ray Gibson, Director) (Exhibit # 16)

Gilmore Partners, LLLP of Stockbridge, GA requested a conditional use for property located southwest of the intersection of Millers Mill Road and Springdale Drive.  The property is located in Land Lot 30 of the 11th District, consisting of 96.08 +/- acres.  The request was for a single-family conservation residential subdivision.  The request was denied by the Zoning Advisory Board on September 28, 2006. The applicant filed an appeal with the Henry County Planning & Zoning Department on October 18, 2006.  The Zoning Advisory Board DENIED September 9, 2006. Applicant has requested to be rescheduled to the January 16th BOC Meeting.

Tussahaw Development, LLC of Suwanee, GA RZ-06-04, Commissioner Holder, District 1 (Presenter: Jessica Guinn, Planner II) (Exhibit # 10)

Tussahaw De velopment, LLC of Suwanee, GA requests a rezoning from RA (Residential Agricultural) to PD (Planned Development) for property located on the south side of Leguin Mill Road and New Hope Road, and on the north and west side of Peeksville Road.  The property is located in Land Lots 237, 242, 243 and 244 of the 1st District and Land Lots 242, 243 and 244 of the 8th District, consisting of 612.2 +/- acres.  The request is for the development of a Mixed Use
Planned Development. The Zoning Advisory Board recommended DENIAL September 28, 2006.  This item will be rescheduled to the December 19th BOC Meeting.

 

            Chairman Harper amended the agenda by adding to item IX – A request for approval of a lease agreement for the Police Department.

            Commissioner Holman made the motion to approve the amended agenda; Commissioner Mathis seconded.  The motion carried unanimously.

            Chairman Harper recognized Mr. Lloyd Smikle who was appointed to the Board of Tax Assessors.

            PROCLAMATION

            The Board presented the following proclamation:

A Proclamation Honoring the
Henry County Parks & Recreation Blaze Sports Program

Whereas, Blaze Sports is a community-based organization providing sports programs that promote physical activity, a healthy lifestyle and competitive sports opportunities for children and adults with physical disabilities;

Whereas, the Blaze Sports program in Henry County, though only four years-old, has already become the largest Blaze Sports wheelchair athletics program in the state, offering programs in tennis, soccer, basketball and basic maneuverability skills for area youth and adults; 

Whereas, under the leadership of Henry County Parks & Recreation Director, Tim Coley and Therapeutic Assistant, Harlon Matthews, the Blaze Sports Tennis Program was recently named 2006 Team/Program of the Year by the United States Tennis Association/Georgia on October 14, 2006;

 

Now, therefore be it proclaimed that the Henry County Board of Commissioners wishes to express its appreciation to the Henry County Parks & Recreation Blaze Sports Program for its passion and dedication in helping children and adults with physical disabilities reach their full potential and to congratulate Henry County’s Blaze Sports staff for your outstanding achievement.

 

PLANNING AND DEVELOPMENT

           

            Stacey M. Richardson of Hampton, GA – RZ-06-27

This request was heard by the Henry County Board of Commissioners on September 19, 2006 and denied.  A letter dated September 3, 2006 was submitted to the Planning and Zoning Department on September 6, 2006 to postpone the item.  The Board of Commissioners, unaware of the request to postpone the agenda item, voted to deny the request to rezone the property on September 19, 2006.  The applicant is requesting rescission of the denial.  The postponement of the rezoning request will remain in effect until further notice and will be brought back to the Board of Commissioners at a later date.

            Commissioner Mathis made the motion to rescind the denial of RZ-06-27; Commissioner Holder seconded.  The motion carried unanimously.

 

            REL Properties of Decatur, GA – RZ-05-22

 

REL Properties of Decatur, GA requests a rezoning from RA (Residential Agricultural) to PD (Planned Development) for properties located on the east and west sides of Mill Road, south of Mt. Carmel Road.  The properties are located in Land Lots 143 and 146 of the 6th District, consisting of 179.47 +/- acres.  The request is for a planned development The Zoning Advisory Board recommended DENIAL August 10, 2006.

            Staff stated the applicant is requesting to rezone 179.47 +/- acres for a mixed use planned development.  The applicant’s proposal is to develop the PD with 291 Single-Family Units at a net density of 2.5 dwelling units per acre.  The proposed minimum lot sizes are 9,000 square feet, 12,000 square feet and 17,000 square feet.  There are five pods depicted on the conceptual site for future office and institutional land uses.  There are no proposals for commercial or manufacturing land uses.  The site plan depicts 42.5 +/- acres of open space.  The proposed development will have pocket parks and an amenity area.  The future land use map designates the property for low density residential at up to 2.5 dwelling units per acre.  The Comprehensive Development Plan indicates planned developments should be located in areas designated for medium to high density requests.  The development was reviewed by the Atlanta Regional Commission and the Georgia Regional Transportation Authority as a development of regional impact because of the mixed use exceeding 120 acres.  A Notice of Decision was issued on September 1, 2005.  The proposed PDS will help carry out the purpose of the planned development district because of its mixed uses, yet there are other issues that are relevant to this development: (1) the concern of the adjacent property owners; (2) traffic and roadway improvements and (3) the request is inconsistent with the future land use map.

 

            Mr. Den Webb, Attorney representing REL Properties, filed with the County Clerk, the original statement of supplemental legal objections, an email from staff with a list of proposed conditions, a list of conditions from the applicant and a November 17, 2006 traffic analysis. Mr. Webb stated the property is approximately 180 +/- acres of vacant land located north east and south of Mt. Carmel and Mill Roads. The applicant is proposing to build four (4) residential pods (which will include 291 single family detached homes) and five (5) non-residential pods.  There will be amenities on both sides of Mill Road; a total of five (5) pocket parks; interior sidewalks; 42 ˝ acres of open space with walking trails.  A number of improvements have been made to the site plan through town hall meetings and meetings with staff and Commissioner Mathis. 

 

            One of the important changes was the use of the non-residential pods.  Initially Pods A thru E (located on the northern portion the development) were proposed to be developed at 75,000 square feet of commercial and retail space and 18,000 square feet of office.  After the meetings, the applicant has agreed to limit the use of Pods A thru E to General Office and O & I use.  Another change is to donate Pod A (2.8 +/- acres) for the County to use for a fire station or any use the County deems necessary.  The lots that abut the Rowanshyre Subdivision have been reconfigured to a minimum of 18,000 square feet. Pod H has been moved to the eastern boundary line so that it would be adjacent to existing PD (Crown Manor).  A park with a picnic area was added to the Senior Pod.  A tot-lot was added to Pod F to insure there were amenities to both sides of Mill Road.  The western boundary will be the point in which non-residential development stops and residential lots become larger.  There will be a 50 foot buffer on the western property line and the lots will be increased. 

            Of the conditions proposed by staff, the only concern the applicant had was with condition #26 regarding intersection improvements for Mill and Mt. Carmel Roads.  The improvements will cost a minimum of one million dollars, and based on the traffic plan presented, ten years from this date the proposed development will account for less than one fifth of the traffic at the Mill Road/Mt. Carmel Road intersection at the busiest time of day.  The applicant feels this condition is not reasonable or legal because the cost and the minor contribution to traffic.  The condition was revised and REL Properties offered to pay up to 25% of the project cost for the road improvements at Mill and Mt. Carmel Roads.

            The applicant asked the Board to rezone the property to a PD category to allow the proposed O & I for Pods A thru E and the proposed residential development for Pods F thru I subject to the conditions provided by the applicant.

            Chairman Harper called for public comments from anyone wishing to speak in opposition to the request.

            George Raymond, 1091 Rowanshyre Circle, stated as a concerned citizen, he and residents of the Rowanshyre Community are opposed to the development because: (1) it does not fit the Land Use Development Plan.  Mr. Raymond discussed the reasons why they are opposed.  He stated they didn’t want a daycare, a nursing home, assisted living nor commercial.  (2) They are concerned with road safety in the area.  (3) They are concerned with the impact to the schools. 

            Commissioner Mathis made the motion to deny the applicants request; Commissioner Holman seconded.  The motion carried 4-1-0 with Commissioners Mathis, Stamey, Adams and Holman in favor and Commissioner Holder in opposition to the denial.  The following resolution was approved:

WHEREAS, REL Properties, Inc., of Decatur, GA, c/o Robbie Lanier (RZ-05-22) applied for a rezoning from RA (Residential Agricultural) to PD (Planned Development) for a mixed use planned development consisting of office/institutional uses for Pods A, B, C, D and E and single-family detached residential dwellings for Pods F, G, H and I for property located on the northeast and south side of the Mill and Mount Carmel Roads intersection (Parcel ID numbers 055-01-051-000, 055-01-052-000, 055-01-054-000, 055-01-055-000, and 055-01-056-000), in Land Lots 143 & 146 of the 6th District, consisting of 179.47+/- 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 denial the rezoning request from RA (Residential-Agricultural) to PD (Planned Development) on August 10, 2006.

NOW THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the aforementioned applicant’s rezoning request.

 

            Adair & Charles Dickerson of Jackson, GA – RZ-06-36

            Adair & Charles Dickerson of Jackson, GA requests a rezoning from RA (Residential Agricultural) to O & I (Office/Institutional) for property located on the northern side of Jodeco Road, west of Windhaven Drive.  The property is located in Land Lot 43 of the 6th District, consisting of 1.99 +/- acres.  The request is for the development of an office building.  The Zoning Advisory Board recommended DENIAL on August 10, 2006.

            The subject property is a portion of the Windhaven Plantation Subdivision.  Surrounding properties are zoned for single-family residential uses. However there are existing office and commercially zoned properties east of the subject site where Jodeco Road intersects with Hudson Bridge Road and Flippen Road.  The Future Land Use Map designates the property for low density residential land uses with up to 2.5 dwelling units per acre. 

            Bruce McFarland, Attorney representing Adair & Charles Dickerson, filed a Letter of Constitutional Objections with the County Clerk.  Mr. McFarland stated on March 17, 2003 the Board of Commissioners denied Mr. Dickerson’s rezoning application for this property.  An appeal was filed with Superior Court and after a number of years of litigation; the applicant dismissed the lawsuit and refilled an application for an O & I rezoning.  Mr. McFarland stated the Board recently rezoned property located west and south of the proposed property from RA (Residential Agricultural) to O & I (Office/ Institutional).  The applicant would be agreeable with any proposed conditions. 

            Chairman Harper called for public comments from anyone wishing to speak in opposition of this request.

            Mr. John Heintz, 75 Windhaven Court, stated the proposed lot is within his subdivision and is not consistent with the zoning of the subdivision.  This will not benefit the area and will invite an undesirable element to the area.  The convenience store located near the property has graffiti on the side of the building and the store can not operate a night shift because of safety.  Mr. Heintz feels this rezoning would decrease the value of his property.

            Mr. Randy Robinson, 90 Windhaven Court, stated he is opposed to the rezoning.  He stated the applicant had not met with the residents.  Traffic and safety is a concern.

            Ms. Angie Addy, 135 Windhaven Court, stated the property is currently residential. This rezoning will not benefit the area.  This property should stay residential.

            Mr. McFarland presented pictures of the property along with a list of proposed conditions to the Board. He added the value of the property according to the Tax Assessors records since 2002 is approximately $117,000.  He stated this is not a residential use.

            Commissioner Adams asked the applicant what type of building was being proposed.  Mr. McFarland stated according to the conditions staff proposed, the building would consist of brick, stone, stucco or any combination thereof and the plans would have to be approved by the Development Plan Review Department.  The applicant feels, after discussion with their engineers, something more residential in appearance can be designed.

            Commissioner Stamey asked if the subject lot was ever platted as part of the subdivision.  Staff stated it is currently a platted lot in the Windhaven Plantation Subdivision. 

            Staff modified proposed condition #3 to read: There shall be a 40 foot buffer provided along the northern property line of the subject property.  Within the buffer area, a berm that is 6 feet in height shall be provided.  Leland Cypress Tress shall be located in a staggered format for each 20 linear feet on top of the berm.  Once the berm is constructed and the trees have been planted the buffer shall be undisturbed.  The berm and Leland Cypress trees shall be in place prior to a Certificate of Occupancy being issued.  The amendment to the condition is to provide additional buffers between the subject property and the residential properties to the north.

            Mr. McFarland stated the applicant would be in agreement to this amendment but feels this would remove more trees than will be placed there; more of an unnatural than natural buffer.

            Staff stated according to Mr. Heintz, a resident in the subdivision, there are not a lot of trees along the buffer area and that is the reason for the amendment of condition #3. 

            Commissioner Holder asked how long the subdivision has been in existence.  Mr. McFarland stated approximately 15 to 20 years. 

            Commissioner Mathis commented the property recently zoned O & I, which was mentioned previously by the applicant, was not part of a platted subdivision lot.

            Commissioner Mathis made the motion to deny the request for rezoning; Commissioner Stamey seconded.  The motion failed 2-3-0 with Commissioners Mathis and Stamey in favor and Commissioners Holder, Adams and Holman in opposition.

            Mr. McFarland asked for a continuous of the hearing to a meeting in December.

            Commissioner Holman made the motion to table the request to the next available meeting (December 19th).  Commissioner Holman withdrew the motion.

            Commissioner Holder made the motion to table the request to the next available meeting (December 19th); Chairman Harper seconded.  The motion failed 3-3-0 with Commissioners Adams, Holder and Harper in favor and Commissioners Mathis, Stamey and Holman opposed.

            Commissioner Holder made the motion to approve the rezoning request with the conditions recommended by staff and the amendment to condition #3 (There shall be a 40 foot buffer provided along the northern property line of the subject property.  Within the buffer area, a berm that is 6 feet in height shall be provided.  Leland Cypress Tress shall be located in a staggered format for each 20 linear feet on top of the berm.  Once the berm is constructed and the trees have been planted the buffer shall be undisturbed.  The berm and Leland Cypress trees shall be in place prior to a Certificate of Occupancy being issued.)

Staff added a condition that should read: The hours of operation shall be from 7:00 a.m. to 7:00 p.m. Monday thru Saturday.  No garbage pick up or deliveries to the businesses on the subject property shall be made outside the stated operating hours.

            Mr. McFarland stated he would like for staff to recommend whether there should be a berm installed or trees planted.  He would like that flexibility. Another concern is the accel/decel lane. The cost to install would exceed the cost of the property.  After discussion regarding the accel/decel lane, Mr. McFarland stated the applicant was in agreement with the condition.

            Staff stated if this request is approved, the lot should be removed from the subdivision and the subdivision should be re-platted.  The applicant agreed to have the subdivision re-platted.

            Commissioner Holder amended his motion to include two additional conditions.   (1) The hours of operation shall be from 7:00 a.m. to 7:00 p.m. Monday thru Saturday.  No garbage pick up or deliveries to the businesses on the subject property shall be made outside the stated operating hours. (2) The lot shall be removed from the subdivision and the subdivision will be re-platted at the applicant’s expense. Commissioner Adams seconded.  The motion failed 2-3-0 with Commissioners Holder and Adams in favor and Commissioners Mathis, Stamey and Holman opposed.

            Commissioner Mathis made the motion to deny the request; Commissioner Stamey seconded.  The motion failed 3-3-0 with Commissioners Mathis, Stamey and Holman in favor and Commissioners Adams, Holder and Harper.

            Commissioner Stamey made the motion to table the request to the December 19th meeting; Commissioner Holman seconded.  The motion carried 4-1-0 with Commissioners Stamey, Adams, Holder and Holman in favor and Commissioners Mathis opposed.

            Sonus Developments, Inc. of McDonough – RZ-06-42

Sonus Developments, Inc. of McDonough, GA requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located at 2360 Old Conyers Road.  The property is located in Land Lot 127 of the 11th District, consisting of 207.45 +/- acres.  The request is for the development of a single-family residential subdivision.  The Zoning Advisory Board recommended APPROVAL September 28, 2006.

            The subject property is located on Old Conyers Road, which is a major arterial road.  Currently there is a single-family home on the property as well as one cemetery plot.  The Future Land Use Map designates the property for low density residential at up to 2.5 dwelling units per acre.  The proposed development would be a 305 lot single-family residential subdivision with a net density of 1.97 dwelling units per acre.  No open space or amenities are depicted on the conceptual site plan.  The site plan does depict five (5) lots on sewer with a minimum lot size of 18,000 square feet.  The request is consistent with the Future Land Use Map and the purpose of an R-2 zoning district.  However the proposed development will change the rural residential area currently consisting of larger lots, into an area with more homes and smaller lots. 

            Royce Grant, representative for the applicant, stated the applicant is in agreement with most of the conditions with the exception of two conditions.  Mr. Grant asked for clarification on condition #3 that reads:

There shall be a twenty foot (20’) wide undisturbed buffer to serve as a visual screen between Old Conyers Road and the lots abutting the right-of-way of Old Conyers Road.  If the existing vegetation is inadequate, the following number of plant materials shall be required to be planted for each fifty linear feet (50’), or portion thereof, of the required property buffers:

a. One canopy tree

b. One evergreen tree

c. One understory tree

d. Five shrubs

            Staff stated normally buffers are not included in lots because once the lots are sold the new property owners remove the buffers.  The twenty foot (20’) buffer should not be included within the lot.  Mr. Grant indicated the applicant agreed with the condition, he just needed clarification.

            Mr. Grant stated he felt currently there is adequate vegetation and the berm will not be necessary.  Another concern of the applicant is with condition #10 which reads:  The minimum lot size shall be 30,000 square feet.  Mr. Grant stated the applicant is requesting a minimum lot size of 18,000 square feet.  However the applicant is willing to do an average of 22,000 square feet per lot.

            Commissioner Holder asked if the property was on sewer.  Mr. Grant indicated it is on sewer.

            Mr. Grant added he would like flexibility in the size of the homes.  He indicated on the left side of the site plan he would propose a 2,500 square foot minimum and on the right side (185 lots) of the branch that runs north and south (he indicated by pointing to the site plan) he would propose a 2,800 square foot minimum. 

            For clarification, on the east side of the development the homes would be 2,800 square feet and the west side of the development the homes would be 2,500 square feet. 

            Mr. Grant stated regarding the façade of homes in condition #13, he agreed to three sides constructed of brick, stone or stucco and the rear would consist of brick, stone, stucco or cement fiberboard.

            Commissioner Holman asked the applicant for clarification of the following:  (1) if he agreed with condition #3; Mr. Grant confirmed (2) condition #10 should read an average lot size of 22,000 with a minimum of 18,000; Mr. Grant confirmed (3) condition #13 the proposal is for minimum house size of 2,800 on the east side of the subject property and 2,500 on the west side of the subject property; Mr. Grant confirmed.

            Chairman Harper called for public comments from anyone wishing to speak in opposition to the request.

            Mr. C. L. Daniel, 140 Hickory Lake Trail, stated he would like the Board to uphold the condition regarding the berm and he feels traffic will increase and cause safety issues from the development of the subject property.

            Mr. Fred Haney, 2048 Old Conyers Road, stated he has concern with the proposed 300 homes on approximately 200 acres.  Road safety is another concern.  The homes are not consistent with the surrounding area.  He stated he was concerned with sewer being available to the project, and not having an amenity area for the number of proposed homes.

            Ms. Cheryl Ricks, 130 Hickory Lake Trail stated she opposed the request because this is her backyard.  She stated there will be eleven lots abutting her and her neighbors and within a three mile radius there is not a home on less than an acre lot.  Ms. Ricks stated if this is approved she would like for the recommendation from the Zoning Advisory Board of a minimum lot size of 30,000 square feet to remain.

            There was discussion regarding the location and protection of the existing cemetery. The applicant would be required to adhere to the Cemetery Ordinance. 

            Mr. Grant stated due to the concern of the residents abutting the subject property on the west side, he would be willing to add and additional undisturbed buffer if it can be included within the lot area.  That would make the buffer 30 feet along the west side of the subject property.

            Commissioner Mathis asked why there was no amenity area within the development.  Mr. Grant stated the applicant is agreeable to an amenity area as a condition.

            Commissioner Mathis asked if any of the proposed lots located within the floodplain area.  Mr. Grant stated all lots, with the exception of two located on the east side, are not in the floodplain area.

            Commissioner Adams asked what would be proposed for the amenity area.  Mr. Grant stated $2,000 per lot is set aside for the cost of the amenity area.  With 305 lots at $2,000 per lot, there would be approximately $610,000 for an amenity area. 

            Commissioner Holder asked where the sewer would come from.  Mr. Grant stated the sewer would be run south, along the Hambrick Creek until it intersects with the Cotton Indian Creek at Highway 138 where the bridge reconstruction was done. This would be run at the applicant’s expense. The applicant would also acquire easements at their expense. 

            Commissioner Holman stated when a platted lot is within the floodplain area, the homeowner is required to have flood insurance.  He asked the applicant to prohibit building on lots within the flood area.  Mr. Grant stated he was in agreement with the request.

            Commissioner Holman stated he was in agreement with most of the amendments to the conditions by the applicant with the exception of condition #10 where the applicant is requesting a minimum of 18,000 square feet lot size.

            Mr. Grant stated his request is for a minimum of 18,000 square feet lot sizes and staff recommended approval.  If the proposal is for 30,000 square feet he could not do that.

            Commissioner Holman made a motion to approve the request with the conditions recommended by staff.  Condition #10 will remain the minimum lot size shall be 30,000 square feet.  Condition # 13 shall read: The minimum house size shall be 2,800 square feet heated floor space on the east side and 2,500 square feet heated floor space on the west side with three (3) sides brick, stone or any combination thereof. Cement and vinyl-based products may be used as accents in dormers, gables, bay windows, and above the roofline of each house.  Three additional conditions were added to read:

14.      All homes shall have a standard attached two car garage and be side entry where feasible.

15.      An amenity area will be included

16.      No site lot shall be within a floodplain.

Condition #3 shall be amended to read:  There shall be a twenty foot (20’) wide undisturbed buffer, not to be included in the lots, to serve as a visual screen between Old Conyers Road and the lots abutting the right-of-way of Old Conyers Road.  If the existing vegetation is inadequate, the following number of plant materials shall be required to be planted for each fifty linear feet (50’), or portion thereof, of the required property buffers:

a. One canopy tree

b. One evergreen tree

c. One understory tree

d. Five shrubs

            Commissioner Mathis seconded the motion.

            Staff asked for clarification on condition #13.  Commissioner Holman amended his motion to add to condition #13; the rear side of the home shall be constructed of cement fiber, brick, stone or any combination thereof.

            Staff recommended condition #15 be amended to read:  the amenity area shall be installed prior to the 26th home being built.

            Staff asked the applicant to submit the plans for the amenity area to the Development Plan Review Department prior to the final plat.

            Commissioner Holman amended his motion to include the staff’s recommendation for condition #15.  Commissioner Mathis amended the second.

            Commissioner Holder asked staff what lot size was recommended for lots on sewer.  Staff stated 18,000 square feet.

            Commissioner Holman commented the next rezoning request is for 30,000 square foot lots.  Mr. Grant stated sewer is not available to the site of the next rezoning and the road classification is not the same as Old Conyers Road.

            The motion failed 2-3-0 with Commissioners Holman and Mathis in favor and Commissioners Stamey, Adams and Holder opposed.

            Commissioner Holman made the motion to deny the request; Commissioner Mathis Seconded.  The motion failed 2-3-0 with Commissioners Holman and Mathis in favor and Commissioners Stamey, Adams and Holder opposed.

            Commissioner Adams made the motion to approve the request with all previously stated conditions with the exception of condition #10.  Condition #10 shall read:  The lot size shall be an average of 22,000 square feet with a minimum of 18,000 square feet.  Commissioner Holder seconded.  The motion carried 3-2-0 with Commissioners Stamey, Adams and Holder in favor and Commissioners Mathis and Holman opposed.  The following are the approved conditions:

1.      Uniform mailboxes throughout the development shall be required.

2.      There shall be a mandatory Homeowner’s Association.

3.      There shall be a twenty foot (20’) wide undisturbed buffer, not to be included within the lots, to serve as a visual screen between Old Conyers Road and the lots abutting the right-of-way of Old Conyers Road.  If the existing vegetation is inadequate, the following number of plant materials shall be required to be planted for each fifty linear feet (50’), or portion thereof, of the required property buffers:

a. One canopy tree

b. One evergreen tree

c. One understory tree

d. Five shrubs

4.      All entrances shall have a deceleration lane/acceleration taper, which shall be constructed to Henry County DOT standards, and shall be placed such that the minimum intersection sight distance is met per the posted speed limit of the road.

5.      All yards shall be sodded to the rear drip line of the houses.

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

7.      Underground utilities and streetlights shall be required.

8.      Emergency entrance shall be provided, if required by the Henry County Fire Department. All entrances must meet the Fire Code. 

9.      Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in such a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

10.  There shall be an average of 22,000 square feet in lot sizes with a minimum of 18,000 square feet.

11.  The applicant shall work with the HCDOT and SPLOST to preserve right-of-way along site’s frontage to achieve forty foot (40’) right-of-way from centerline of Old Conyers Road to the site’s side along the frontage of the site.

12.  The applicant is to provide the easements as necessary in association with the proposed site distance improvement project along site frontage in order to cut down the hill to improve sight distance on Old Conyers Road at the Flat Shoals Church Road intersection.

13.  The minimum house size shall be 2,800 square feet heated floor space on the east side and 2,500 square feet heated floor space on the west side with three (3) sides brick, stone or any combination thereof.  The rear of the homes shall be constructed of cement fiberboard, brick, stone or any combination thereof.  Cement and vinyl-based products may be used as accents in dormers, gables, bay windows, and above the roofline of each house. 

14.  All homes shall have a standard attached two car garage and be side entry where feasible.

15.  An amenity area will be included and shall be installed prior to the 26th home being built. 

16.  No lot shall be within a floodplain.

Mandalay Properties, Inc. of McDonough – RZ-06-37

Mandalay Properties, Inc. of McDonough, GA requests a rezoning from RA (Residential Agricultural) to R-2 (Single-Family Residence) for property located on the east side of Flat Shoals Church Road, north of Old Conyers Road.  The property is located in Land Lot 130 of the 11th District, consisting of 67.56 +/- acres.  The request is for the development of a single-family residential subdivision.  The Zoning Advisory Board recommended DENIAL August 24, 2006.

      The Future Land Use Map designates the subject for low density residential land uses at up to one dwelling unit per acre because of the road classification; Flat Shoals Road is classified as a local road.  The new concept plan has 75 lots at a net density of 1.10 dwelling units per acre.  The change that was made to the site plan is the entrance to the subdivision was aligned with Gardner Road as well as all lots will be interior to the subdivision.  Should the pleasure of the Board of Commissioners be to approve the request, staff has recommended 20 conditions with an addition that shall read:  The developer shall contribute $18,000 toward the site distance improvement project at Old Conyers Road and Flat Shoals Church Road.

            Mr. Royce Grant, representative for the applicant, stated he is in agreement with the 20 conditions.  However, condition #16 regarding the berm, when the timber was harvested a buffer was left along the road frontage of approximately 3,000 feet.  Mr. Grant stated he would not want to remove the natural vegetation to install a landscape berm.

            Chairman Harper asked the applicant if he agreed with the additional condition.  Mr. Grant stated he is in agreement.

            Mr. Grant asked if there was a time limit for the contribution toward the site distance improvement project.  It was decided the contribution would be before the final plat.

            Staff mentioned there is an existing cemetery located on the subject project.  The applicant would have to the meet the Cemetery Ordinance requirements.  The applicant agreed.

            Commissioner Mathis asked what the process would be to insure the entire cemetery is buffered.  Staff stated there is not a process currently in place but a condition could be add that staff of the Development Plan Review Department or the Planning and Zoning Department insure a study is complete to locate all graves and that there are adequate buffers. 

            Mr. Grant stated the property has been within the Hinton family for approximately 100 years and they would have more knowledge of the cemetery.

            Chairman Harper called for public comments from anyone wishing to speak in opposition of the request.

            Mr. Fred Haney, 2048 Old Conyers Road, stated he is disturbed that a developer would try to develop land where there are cemetery lots.  He stated it seems odd for one subdivision to have sewer and the subdivision directly across the street will have septic systems.

      Commissioner Holman made the motion to approve the request with the 20 conditions recommended by staff with an amendment to condition #16 to read:  The developer shall submit a Landscape Privacy Plan to be approved by the Department of Development Plan Review in order to preserve the existing rural appearance along the site’s frontage on Flat Shoals Church Road.  All components of the Landscape Privacy Plan shall be maintained by the Homeowners’ Association.  If the existing vegetation is inadequate, the following number of plant materials shall be required to be planted for each fifty linear feet (50’), or portion thereof, of the required property buffers:  a. One canopy tree, b. One evergreen tree, c. One understory tree, d. Five shrubs. An additional condition will be added to read:  The developer shall contribute $18,000 toward the site distance improvement project at Old Conyers Road and Flat Shoals Church Road.  Said funds shall be submitted at the final plat stage.  Condition #3 shall be amended to read:  All homes shall have a minimum of 2,800 square feet of heated floor space.

            Commissioner Mathis seconded.

            The applicant stated he is in agreement with motion.

            The motion carried 4-1-0 with Commissioners Mathis, Adams, Holder and Holman in favor and Commissioner Stamey opposed.  The following are the approved conditions:

  1. All homes shall be built on site; no modular homes or manufactured homes shall be allowed.

 

  1. The minimum lot size shall be 30,000 square feet.

 

  1. All homes shall have a minimum of 2,800 square feet of heated floor space.

 

  1. All homes shall have standard two (2) car attached garages.

 

  1. All garages shall be side-entry, where feasible.

 

  1. There shall be a mandatory Homeowners’ Association.

 

  1. Underground utilities and streetlights shall be required.

                                                                                       

  1. Sidewalks shall be required on both sides of interior subdivision streets.

 

  1. Uniform mailboxes shall be required throughout the development.

 

  1. All yards shall be sodded to the rear drip line.

 

  1. Three sides of each house shall be brick, stone or any combination thereof.  The remaining sides shall be constructed of brick, stone, cement fiberboard or any combination thereof.

 

  1. Vinyl shall be used only for the eaves, soffits and window casings.

 

  1. A second entrance shall be provided if required by the Henry County Fire Department.  All entrances must meet the Fire Code.

 

  1. All entrances shall be landscaped and shall be included in the Landscape Plan to be submitted to and approved by the Department of Development Plan Review.

 

  1. If feasible and intersection sight distance permits, an entrance on Flat Shoals Church Road shall be aligned with Gardner Road.

 

  1. The developer shall submit a Landscape Privacy Plan to be approved by the Department of Development Plan Review in order to preserve the existing rural appearance along the site’s frontage on Flat Shoals Church Road.  The developer shall submit a Landscape Privacy Plan to be approved by the Department of Development Plan Review in order to preserve the existing rural appearance along the site’s frontage on Flat Shoals Church Road.  All components of the Landscape Privacy Plan shall be maintained by the Homeowners’ Association.  If the existing vegetation is inadequate, the following number of plant materials shall be required to be planted for each fifty linear feet (50’), or portion thereof, of the required property buffers:

            a.One canopy tree

b. One evergreen tree

c. One understory tree

d. Five shrubs

 

  1. There shall be a twenty foot (20’) undisturbed buffer along the remaining perimeter of the property.  Said buffer may be included in the lot area.

 

  1. All entrances shall have a deceleration lane/acceleration taper, which shall be constructed to Henry County Department of Transportation standards, and shall be placed such that the minimum intersection sight distance is met per the posted speed limit of the road.

 

  1. All lots shall front on interior subdivision streets.  No lots shall be permitted to front on Flat Shoals Church Road.

 

  1. 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.

 

  1. The developer shall contribute $18,000 toward the site distance improvement project at Old Conyers Road and Flat Shoals Church Road.  Said funds shall be submitted at the final plat stage. 

 

APPEAL TO A DECISION TO DENY A VARIANCE REQUEST

Mandalay Properties, Inc. of McDonough, GA – AP-06-17

Mandalay Properties, Inc. of McDonough, GA requested a variance for property located on the east side of Flat Shoals Church Road, north of Old Conyers Road.  The property is located in Land Lot 130 of the 11th District, consisting of 67.56 +- acres.  The request was to allow for the development of a single-family residential subdivision on a local road.  The request was denied by the Zoning Advisory Board on August 24, 2006.  The applicant filed an appeal with the Henry County Planning & Zoning Department on October 19, 2006.  The Zoning Advisory Board recommended DENIAL on August 24, 2006.

The applicant is requesting an appeal of a denial of a variance request, which was denied by the Zoning Advisory Board to develop the subject property which is located on local road.  The Ordinance requires R-2 developments that exceed eight acres have access onto a minor/major arterial road.

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

Commissioner Holman made the motion to overturn the denial of a variance by the Zoning Advisory Board and approve the variance request; Commissioner Adams seconded.  The motion carried 4-1-0 with Commissioners Mathis, Adams, Holder and Holman in favor and Commissioner Stamey opposed.  The following resolution was approved:

WHEREAS, Mandalay Properties, Inc. of McDonough, Georgia, applied for a variance (VR-06-27) for the development of a single-family residential subdivision on a local road for property located on the east side of Flat Shoals Church Road, north of Old Conyers Road (Parcel ID Number 065-01-013-000), in Land Lot 130 of the 11th District, consisting of 67.56+/- 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 denied the request for a variance on August 24, 2006.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners upholds the denial of the Zoning Advisory Board; or

NOW THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners overturns the denial and approves the aforementioned applicant’s variance request.

APPROVAL OF THE MINUTES

Commissioner Holman made the motion to approve the November 6th minutes; Commissioner Stamey seconded.  The motion carried unanimously

COUNTY MANAGER COMMENTS

Approval of a Lease Agreement

The Bureau of Police Services occupies leased space for certain operations.  The leased space, which has been occupied since 2003, is up for renewal.  Approximately 6,000 square feet of space is occupied by police operations at this location at an annual rent of $7 per square foot, which translates into $3,500 a month.

Commissioner Adams made the motion to approve the lease agreement; Commissioner Stamey seconded.  The motion carried unanimously approving the following resolution:

There were no additional County Manager Comments.

 

COUNTY ATTORNEY COMMENTS

There were no comments.

 

PUBLIC COMMENTS

There were no comments.

 

UPCOMING MEETINGS AND EVENTS

Monday, December 4th @ 9:00 a.m. & Tuesday, December 5th @ 9:00 a.m.

Monday, December 18th @ 9:00 a.m. & Tuesday, December 19th  @ 6:30 p.m.

Monday, January 1st – No Meeting – New Years Day Holiday

Tuesday, January 2nd @ 9:00 a.m.

 

(No Executive session was held.)

Commissioner Adams made the motion to adjourn; Commissioner Holman seconded.  The motion carried unanimously.