STATE OF GEORGIA

 

COUNTY OF HENRY

 

 

The Henry County Board of Commissioners held a regularly scheduled Public Meeting at 9:00 a.m. on Tuesday, December 5, 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

            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; Rob Magnaghi, County Manager; Phyllis Shrader, Deputy County Manager; Michael Harris, Planning and Development Division Director; Terry McMickle, Public Works Division Director; Michael Sabine, Assistant to the County Manager; Angie Bailey, Interim Administration Division Director; Mike Bush, Finance Director; Latonya Wiley, Deputy County Attorney; 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.)

 

Chairman Harper called the meeting to order and called for acceptance of the agenda.

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

 

PLANNING AND DEVELOPMENT

 

            License to sell alcoholic beverages

 

            David K. Williams, the owner of the Eagle’s Brooke Country Club applied for a license to sell alcoholic beverages from this.  The property is located within Commission District Two.  Staff stated all requirements have been met.

 

            Commissioner Mathis made the motion to approve the applicants request; Commissioner Holman seconded.  The motion carried unanimously approving the following resolution:

 

WHEREAS David K. Williams, Owner of Eagle’s Brooke County Club, at 300 Lester Mill Road, Locust Grove Georgia, request a license to sell alcoholic beverages from this location (restaurant); and

WHEREAS, Mr. Williams has met the required specifications set forth in the Alcoholic Beverage Ordinance.

NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners grants said license.

REZONINGS

            William Douglas Walker of Stockbridge, GA – RZ-06-51

William Douglas Walker of Stockbridge, GA requests a rezoning from R-2 (Single-Family Residence) to C-2 (General Commercial) for property located on the south side of Franklin Rivers Road, east of Highway 19/41.  The property is located in Land Lot 229 of the 6th District, consisting of 3.75+/1 acres. The request is for future commercial development.  The Zoning Advisory Board recommended Denial October 26, 2006.

            Staff stated the subject property (identified as Parcel 1 on the survey plat) is part of larger portion of property currently zoned C-2.  The applicant’s request is to rezone the north western portion of the property for C-2.  There is no conceptual plan; the applicant intends to sell the lot for future commercial development.  The request is inconsistent with the future land use map which designates the property for low density residential land uses up to 2.5 dwelling units per acre.  However, there is existing
C-2 zoning located near the property and there are properties to the north and south that are designated for future commercial and service land uses.  Another rezoning request is running concurrently with this request to rezone 4.52 acres on the northeastern portion of the parcel.  The remaining 3.12 acres on the southern portion of the parcel will remain R-2 for a single-family residential use. 

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

            Doug Walker represented the applicant.

            Commissioner Mathis asked the applicant if he was in agreement with the conditions proposed by staff.  Mr. Walker stated he is in agreement as long as a permit can be obtained along Highway 19/41.

            Commissioner Mathis stated this is why there is a need to work on the land use map.  There is a piece of property that is located along what is soon to be a six lane road, directly underneath the landing path for an airport.  This is not appropriate for residential development. 

            Commissioner Mathis made the motion to approve the request with twelve (12) conditions, adding to condition #12 approval by Georgia Department of Transportation for the curb cut; Commissioner Stamey seconded. 

            Commissioner Adams stated Mr. Walker is his brother-in-law but he has no financial interest in this property and he recused himself from the vote on this rezoning.

            Chairman Harper called for the vote.  The motion carried 4-0-1 with Commissioner Adams abstaining from the vote.  The following are the approved conditions:

  1. Any entrances shall be located such that the minimum intersection sight distance is met per the posted speed limit of the road. 

 

  1. Entrance(s) shall have a deceleration lane/acceleration taper to be designed and constructed to Henry County DOT standards.

 

  1. All building exteriors shall be constructed of brick, stucco, stone, glass, or any combination thereof.

 

  1. Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosure shall be constructed of brick, stone, stucco or any combination thereof provided it is consistent with the primary structure, and shall not exceed eight feet (8’) in height.

 

  1. The required buffers shall be undisturbed; however, if the buffer is inadequate, additional planting shall be required to screen the development from residential uses.  The following number of plant materials shall be required for each fifty linear feet (50’), or portion thereof, of the required property buffers:
    1. One canopy tree
    2. One evergreen tree
    3. One understory tree
    4. Five shrubs
  2. A detailed landscaping plan shall be submitted.  The Department of Development Plan Review shall have final approval of the plan prior to the issuance of any permits.

 

  1. An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting.

 

  1. Any ground signs shall be monument-based and consistent in design with the primary structure, constructed of brick, stone, stucco, or any combination thereof.  Any ground sign on Highway 19/41 shall not exceed fifteen feet (15’) in height; any ground sign on Franklin Rivers Road shall not exceed ten feet (10’) in height.

 

  1. Sidewalks, five feet (5’) in width, shall be constructed along the site’s frontage on Highway 19/41 and Franklin Rivers Road.

 

  1. The subject property shall be platted separately from the property to the east and south.

 

  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 property shall have interconnectivity with the parcel adjacent to the eastern property line (Parcel Identification Number 008-01-019-001).  The property shall only have access from 19/41 pending approval from Georgia Department of Transportation.

 

William Douglas Walker of Stockbridge, GA – RZ-06-52

William Douglas Walker of Stockbridge, GA requests a rezoning from R-2 (Single-Family Residence) to M-1 (Light Manufacturing) for property located on the south side of Franklin Rivers Road, east of Highway 19/41.  The property is located in Land Lot 229 of the 6th District, consisting of 4.52+/- acres.  The request is for the development of a cabinet shop.  The Zoning Advisory Board recommended Denial on October 26, 2006.

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

            Commissioner Mathis made the motion to approve the request with twelve (12) conditions; Commissioner Holder seconded.

            Staff asked that condition #12 be amended to add “pending approval by GDOT”.

            Commissioner Mathis amended her motion to include to condition #12, pending approval by Georgia Department of Transportation; Commissioner Holder amended his second.  The motion carried 4-0-1 with Commissioner Adams abstaining.  The following conditions were approved:

  1. Any entrances shall be located such that the minimum intersection sight distance is met per the posted speed limit of the road. 

 

  1. Entrance(s) shall have a deceleration lane/acceleration taper to be designed and constructed to Henry County DOT standards.

 

  1. All building exteriors shall be constructed of brick, stucco, stone, glass, or any combination thereof.

 

  1. Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosure shall be constructed of brick, stone, stucco or any combination thereof provided it is consistent with the primary structure, and shall not exceed eight feet (8’) in height.

 

  1. The required buffers shall be undisturbed; however, if the buffer is inadequate, additional planting shall be required to screen the development from residential uses.  The following number of plant materials shall be required for each fifty linear feet (50’), or portion thereof, of the required property buffers:
    1. One canopy tree
    2. One evergreen tree
    3. One understory tree
    4. Five shrubs

 

  1. A detailed landscaping plan shall be submitted.  The Department of Development Plan Review shall have final approval of the plan prior to the issuance of any permits.

 

  1. An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting.

 

  1. Any ground signs shall be monument-based and consistent in design with the primary structure, constructed of brick, stone, stucco, or any combination thereof.  Any ground sign on Highway 19/41 shall not exceed fifteen feet (15’) in height; any ground sign on Franklin Rivers Road shall not exceed ten feet (10’) in height.

 

  1. Sidewalks, five feet (5’) in width, shall be constructed along the site’s frontage on Highway 19/41 and Franklin Rivers Road.

 

  1. The subject property shall be platted separately from the property to the east and south.

 

  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 property shall have interconnectivity with the parcel adjacent to the western property line (Parcel Identification Number 008-01-019-001).  The property shall only have access from 19/41 pending approval by Georgia Department of Transprtation.  There shall not be any access from Franklin Rivers Road.

 

BJK Properties, Inc. of Stockbridge, GA – RZ-06-50

 

BKJ Properties, Inc. of Stockbridge, GA requests a rezoning from RA Residential–Agricultural) to R-2 (Single Family Residence) for properties located on the west side of Locust Road, south of Grove Springs Road.  The property is located in Land Lots 101 & 124 of the 2nd District, consisting of 16.0+/- acres.  The request is for the development of a single-family conservation residential subdivision. The Zoning Advisory Board recommended Approval on October 26, 2006

            Staff stated the applicant proposes to develop the property for a 30 lot conservation subdivision, which is currently located on 16 acres with a net density of 2.1 dwelling units per acre.  The lots within the development will be a minimum of 10,890 square feet because it is a conservation subdivision.  The Conservation Subdivision Ordinance requires 40% of the gross area be dedicated for open space.  The applicant is dedicating 6.69 acres, which is approximately 41.8% of the gross land area.  The applicant applied for a variance and conditional use that was approved by the Zoning Advisory Board.  The conditional use was to allow for a conservation subdivision and the variance was to allow for a conservation subdivision on a local road and to allow for a conservation subdivision with less than 20 acres.

            Commissioner Mathis asked for clarification on condition #10.  Staff stated it should read “all homes shall be constructed of brick, stone, stucco or any combination thereof on all sides.”

            Commissioner Adams asked if the homes could be all hardiplank.  Staff stated it has to be a combination.

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

            Wayne Smith with DW Smith Design Group represented the applicant.

            Commissioner Holder stated he has questions regarding three of the conditions presented.  Commissioner Holder amended condition #4 to read “All yards shall be completely sodded except for existing natural areas or landscaped areas where ground cover material is installed”.  And condition #9 shall read “The minimum house size shall be 2,000 square feet of heated space.  And condition #10 shall read on all sides not on three sides.

            Patrick Jaugstetter, County Attorney, commented regarding condition #10.  The way it reads with the amendment to say all sides (All homes shall be constructed of brick, stone, stucco, cement fiberboard or any combination thereof) does not limit all cement fiberboard.  If that is the intent of the Board then it’s ok the way it reads. 

            Mr. Jaugstetter suggested if the intent is to limit the use of cement fiberboard to only be used in combination then it should read “cement fiberboard can be used only in combination with other materials.

            The applicant stated he is in agreement with the conditions.

            Commissioner Holder made the motion to approve the request with all amendments; Commissioner Holman seconded.  The motion carried 4-1-0 with Commissioner Stamey opposed.  Commissioner Holder commented that within the supporting documents for this rezoning is a letter that sewer is available by the City of Locust Grove.  The property could have been annexed but the developer chose for it to remain in Unincorporated Henry County.

            The following are the approved conditions:

1.      There shall be a mandatory Homeowners’ Association that shall oversee the maintenance of all common areas of the proposed development, including open space and amenity areas.

2.      The development shall have uniform mailboxes throughout.

3.      Streetlights and underground utilities shall be required.

4.      All yards shall be completely sodded except for existing natural areas or landscaped area where ground cover material is installed.

5.      Sidewalks shall be installed along both sides of streets within the development.

6.      A twenty-five (25’) foot wide landscaped buffer shall be placed along the perimeter of the development.

7.      All entrances shall have a deceleration lane/acceleration taper, which shall be constructed to Henry County Department of Transportation standards.

8.      Each entrance shall meet the minimum intersection sight distance required per the posted speed limit of Locust Road.

9.      The minimum house size shall be 2,000 square feet of heated floor space.

  1. All sides of all homes shall be constructed of brick, stone, stucco, or any combination thereof; cement fiberboard may be used only in combination with brick, stone or stucco. Vinyl shall only be used for soffits, eaves, and fascia.
  2. Notwithstanding anything to the contrary herein, no zoning conditions imposed herein shall be interpreted or applied in a manner so as to require any violation of any existing building, development, stormwater and/or any other applicable codes.

 

Henry County Church of Christ, Inc. of McDonough, GA – AP-06-20

Henry County Church of Christ, Inc. of McDonough, GA requested a conditional use for property located at 1489 Highway 81 West.  The property is located in Land Lot 179 of the 6th District, consisting of 5.0+/- acres.  The request was for a church.  The request was denied by the Henry County Zoning Advisory Board on September 28, 2006. The applicant filed an appeal with the Henry County Planning & Zoning Department on October 27, 2006.

Staff stated the site plan depicts a 3,500 square foot building with approximately 56 parking spaces.  The application meets the requirements with the exception of the lot frontage which requires 200 feet of lot frontage.  There is currently only 137 feet.  The applicant owns ten (10) acres and the concern was the access from State Route 81.  Georgia Department of Transportation only allows curb cuts every 300 feet which proposes a concern with this request.  This was the main reason the Zoning Advisory Board recommended denial.  They didn’t want to see a shared access to the church and the single-family residence that is proposed for the rear of the property.  Conditions were provided in the event the Board approves this request.  There is a condition regarding the access issue (condition #8). 

Commissioner Holder asked staff if the 30 feet was deeded to the road.  Staff stated the frontage is actually 41 feet and the lot frontage for the five acres for the church would be 96 feet. Commissioner Holder stated, regarding condition #8, beginning in 1982, property could not be accessed through and easement, it had to be deeded right-of-way to a public road.

Mr. Jaugstetter stated the current Ordinance permits access by way of easement.  Staff stated they meet on Monday, December 4th and all were in support of the shared access by an easement. 

            Staff stated it’s not based on the actual access; it’s based on having frontage.  Commissioner Holder stated the five acres would have deeded right-of-way to a public road, and access can be shared, that’s understood. 

            Commissioner Holder asked staff if the deed will reflect that the five acres will have deeded right-of-way to Highway 81.  Staff stated there will be two separate deeds one for the residential property and one for the church property.

            Commissioner Holder stated, if an issue arose between land owners, the residential property owner could be denied access and that’s why you have deeded right-of-way.  Staff stated there will be an easement agreement prior to the building permit being issued.  Staff stated we are dealing with the actual frontage not deeded right-of-way.  The property is not land locked because it has actual frontage.

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

            Ted Echols represented the applicant.  Mr. Echols stated the County has recognized the importance of churches within the community.  Mr. Echols made reference to the objections that was filed along with the appeal and ask that the Board overturn the denial and grant the conditional use and the variance requests.

            Mr. Echols stated they have reviewed the conditions as well as the additional condition regarding the easement and is in agreement.

            Commissioner Mathis made the motion to approve the request with nine (9) conditions; Commissioner Adams seconded.  The motion carried unanimously approving the following conditions:

1.      All building, fire, and accessibility codes shall be met.

2.      All building exteriors shall be constructed of brick, stucco, stone, or glass, and may be allowed to be accented with additional construction materials as approved by the Henry County Development Plan Review Department.

3.      An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting.

4.      Primary ground signage shall consist of a monument-based sign that is consistent in design with the primary structure, constructed of brick, stone, stucco, or any combination thereof, and shall not exceed eight (8’) feet in height.

5.     Any dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides. The enclosure shall be constructed of a material consistent with the primary structure and shall be a minimum of eight (8’) feet in height

6.    The survey plat submitted during the zoning process must be reviewed and approved by the Development Plan Review Department and recorded at the court house, prior to the issuance of any building permits.

7.    The variance request must be approved to reduce the lot frontage.

8.     Prior to the issuance of a building permit the owner shall provide to the County an access easement agreement with the adjacent property with which access will be shared.

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.

Henry County Church of Christ, Inc. of McDonough, GA – AP-06-21

Henry County Church of Christ, Inc. of McDonough, GA requested a variance for property located at 1489 Highway 81 West.  The property is located in Land Lot 179 of the 6th District, consisting of 5.0+/- acres.  The request was to reduce the road frontage requirement for a church.  The request was denied by the Henry County Zoning Advisory Board on September 28, 2006. The applicant filed an appeal with the Henry County Planning & Zoning Department on October 27, 2006.

            Staff stated the variance request is for the reduced lot frontage from 200 feet to 96 feet.

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

            Commissioner Mathis made the motion to approve the variance request; Commissioner Adams seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, Henry County Church of Christ, Inc. of McDonough, GA applied for a variance (VR-06-33) for the reduction to the minimum allowable lot frontage for a church. The property is located at 1489 Highway 81 West (Parcel ID Number 056-02-047-002), in Land Lot 179 of the 6th District, consisting of 5.0+/- 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 on September 28, 2006.

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

 

GT Investments, LLC of Jonesboro, GA – MC-MP-06-02

GT Investments, LLC of Jonesboro, GA and St. Mary’s Coptic Orthodox Church, Inc. of Roswell, GA, in care of Larry Bazemore of Jonesboro, GA request a modification to a master development plan for the Woolsey Estates Subdivision, located on the south side of Lower Woolsey Road, west of South Lee Road.  The property is located in Land Lot 14 of the 3rd District, consisting of 113.9+/- acres.  The request is to modify the uses within a Planned Development.  The Zoning Advisory Board recommended Approval on October 26, 2006.

            Staff stated the property was approved for Planned Development on November 16, 1999 and the property consisted of approximately 114 +/- acres (Woolsey Estates Subdivision).  The applicant would like to modify 6.21 +/- acres to replace the general commercial (C-1) and the office-institutional (OI) uses with single-family residential uses for two out parcels within the Woolsey Estates Planned Development.  The C-1 located within the central portion of the property (3.24+/- acres) will be maintained.  The applicant is proposing seven (7) lots; four (4) lots on the northeast corner and three (3) lots on the southeast corner.  The lots will be approximately 18,000 square feet in size.  A condition was add to read “the proposed seven (7) additional lots shall have a minimum lot size of 18,000 square feet; a minimum house size of 2,000 square feet; and two car side entry garages where feasible”.

            Commissioner Holman asked what is the existing lot size and home size for Woolsey Estates.  Staff stated the average house size is approximately 2,000 square feet and the lot sizes are 12,000 for R-3 and 18,000 for R-2.

            Commissioner Mathis asked what the minimum lot size is for the development.  Staff stated the minimum house size is 14,000 square feet.

            Tom Bowen represented GT Investments, LLC and St. Mary’s Coptic Orthodox Church.  Mr. Bowen stated the interest received for the C-1 and O&I parcels is not what is wanted in front of the subdivision and by putting the residential lots in front and improving the entrance will be more conducive for the subdivision.

            Commissioner Stamey clarified the minimum house size for the development, for R-2 it is 16,000 square feet and R-3 is 14,000 square feet.  This request will be a minimum of 18,000 square feet.

            Mr. Bowen stated he spoke with some of the residents within Woolsey Estates and they did not want a convenience store or gas station.  They would much rather see a small grocery store.  Convenience stores and gas stations tend to have loitering and this gives the residences an uncomfortable feeling. Mr. Bowen stated the applicant is proposing R-2 lots with a minimum of 18,000 square foot lots and house sizes ranging between 1,800 to 2,400 square feet depending on the style of the home.

            Commissioner Holder asked how close to build-out is Woolsey Estates.  Mr. Bowen responded there is about 30% to be completely built-out.

            There was discussion regarding the commercial components of the development.

            Mr. Bowen stated the intent is to develop something that performs and works for the community. 

            Commissioner Mathis asked staff if the lots replacing the O & I piece is located within a floodplain, will they have to purchase flood insurance.  Staff confirmed yes flood insurance will have to be purchased.

            Mr. Bowen stated the floodplain has been removed from the lots and the homeowners will not have to purchase flood insurance.  The property will adjoin the floodplain, but the lots will not be in the floodplain.

            Commissioner Mathis made the motion to approve the modification request with the one condition.  Commissioner Mathis asked for confirmation that all conditions for the previously rezoned Planned Development applies to this modification.  Staff confirmed.  Commissioner Stamey seconded.  Mr. Bowen stated the applicant is in agreement with the condition.

            Chairman Harper called for the vote on the motion.  The motion carried 4-1-0 with Commissioner Adams in opposition.  The following resolution was approved:

WHEREAS, GT Investments, LLC and St. Mary’s Coptic Orthodox Church, Inc.   (MC-MP-06-09) applied for a modification to a Master Development Plan to allow for the replacement of office and commercial uses with single-family residential uses for a rezoning (RZ-99-069) that was approved by the Board of Commissioners on November 16, 1999.  The property is located on the south side of Lower Woolsey Road, west of South Lee Road (Parcel ID Numbers 005-01-003-000 and 005-01-003-002) in Land Lot 14 of the 3rd District, consisting of 114+/- acres; and

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

WHEREAS, the request is to modify the Master Development Plan to replace office and commercial uses with single-family residential uses within the Woolsey Estates Subdivision, a PD (Planned Development) zoning district; 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 has reviewed and recommended denial of the request on October 26, 2006; and

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

1.      The proposed seven (7) additional lots shall have a minimum lot size of 18,000 square feet; a minimum house size of 2,000 square feet; and, two car side entry garages where feasible.

GT Investments, LLC of Jonesboro, GA and St. Mary’s Coptic orthodox Church, Inc. of Roswell, GA – MC-06-09

GT Investments, LLC of Jonesboro, GA and St. Mary’s Coptic Orthodox Church, Inc. of Roswell, GA, in care of Larry Bazemore of Jonesboro, GA request a modification to a zoning condition for property located in the Woolsey Estates Subdivision, on the south side of Lower Woolsey Road, west of South Lee Road.  The property is located in Land Lot 14 of the 3rd District, consisting of 113.9 +/- acres.  The request is to modify zoning conditions regarding land uses within a Planned Development.  The Zoning Advisory Board recommended Approval October 26, 2006.

Staff stated the request is to amend condition #14 to remove some of the commercial and O & I uses for the property.

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

Commissioner Mathis made the motion to approve the request; Commissioner Holder seconded. The motion carried unanimously approving the following resolution:

WHEREAS, GT Investments, LLC and St. Mary’s Coptic Orthodox Church, Inc. (MC-06-09) applied for a modification to zoning condition number 14 regarding the replacement of office and commercial uses with single-family residential uses for a rezoning (RZ-99-069) that was approved by the Board of Commissioners on November 16, 1999.  The property is located on the south side of Lower Woolsey Road, west of South Lee Road (Parcel ID Numbers 005-01-003-000 and 005-01-003-002) in Land Lot 14 of the 3rd District, consisting of 114+/- acres; and

WHEREAS, all County and State requirements for legal advertisement and a public hearing have been met; and

WHEREAS, the request is to modify zoning condition number 14 to replace office and commercial uses with single-family residential uses within the Woolsey Estates Subdivision, a PD (Planned Development) zoning district; 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 has reviewed and recommended denial of the request on October 26, 2006; and

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the request to modify the zoning condition number 14 to read as follows:

14. One out parcel shall be reserved for neighborhood commercial uses, excluding the following uses:

·        Automobile service stations which do not have a convenience store

·        Antique and art shops

·        No drive through clothes cleaning agencies or drive through laundry pick-up stations

·        Taxi offices

·        Package (beer and wine) stores

·        Laundromats

·        Indoor recreation including bowling alleys, theaters, pool rooms and electronic machines

·        Electronic appliance repair shops

·        Music stores which play outdoor music

APPROVAL OF THE MINUTES

            Commissioner Mathis made the motion to approve the minutes for the November 20th and 21st meetings; Commissioner Holman seconded.  The motion carried unanimously.

COUNTY MANAGER COMMENTS

            Chairman Harper stated he received a letter from Mr. & Mrs. Thomas Crow requesting the rezoning for property located on Moseley Road scheduled for December 19th be tabled to another meeting.  Chairman Harper commented he told the Crow’s he could not table the rezoning that it would have to be tabled by the Board.  Commissioner Holman made the motion to reschedule the Jeff Grant/Southern Lumber rezoning located on Moseley and Hemphill Roads until January; Commissioner Mathis seconded for the purpose of discussion.

            Commissioner Stamey stated if this rezoning is tabled to the first meeting in January, it would not be fair to the two new commissioners.  It would appear to be more logical to table the request to a later meeting.  Chairman Harper stated it might not be fair for them to inherit the rezoning request at all.  The request would need to be heard at a night meeting.

            Mr. Jaugstetter asked the Board to consider the court order.  Often times the court order states a date for the hearing and sometimes it does not.  Perhaps the motion could be amended to say if the court order permits this rezoning to be reschedule, the Board would like to reschedule the rezoning.

            Commissioner Holman amended his motion to include “if the court order permits this rezoning to be rescheduled”; Commissioner Mathis amended her second.

            Commissioner Mathis commented she agrees with Commissioner Stamey’s comments and it would not be fair to the incoming Commissioners to be burdened with this rezoning decision.

            Commissioner Holder stated the issue the County Attorney raised regarding this rezoning being remanded to the Board for consideration; if there is a date on the consent order we will have to hear the rezoning.

            Commissioner Holder asked if this case was rescheduled, how would it appear to the courts.  Mr. Jaugstetter stated in the context of the manner in which this rezoning is being handled, there will probably not be a problem.  If this will be imposed on the two new Commissioners, they should be given a reasonable amount of time to review the case.  The question should be how the applicant would respond.  The applicant could possibly take some of the concessions off the table. 

            Commissioner Holder stated often times he is accused of being developer friendly, but this will cost the developer interest and money every month the case is delayed.  Many times we are insensitive of this situation.

            Commissioner Stamey commented that it would be fair to ask the applicant if he is in agreement with this rezoning being tabled, since he is incurring costs. 

            Commissioner Holman stated the intent of the motion is to table the rezoning to next year.

            Commissioner Mathis withdrew her second to the motion.  The motion failed for lack of a second.

 

COUNTY ATTORNEY COMMENTS

            There were no comments.

 

PUBLIC COMMENTS

            There were no comments.

 

UPCOMING MEETINGS

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

Monday, January 1, 2007 – Holiday – No Meeting

Tuesday January 2, 2007 @ 9:00 a.m.

 

EXECUTIVE SESSION

            No executive session was held.

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