STATE OF GEORGIA

 

COUNTY OF HENRY

 

The Henry County Board of Commissioners held a Regular Public Meeting at 6:30 p.m. on Tuesday, December 15, 2009, 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:

 

                        Elizabeth “BJ” Mathis, Chairman,

Reid A. Bowman, Vice-Chairman, District IV Commissioner

Warren E. Holder, District I Commissioner

Rick Jeffares, District II Commissioner

            Randy Stamey, District III Commissioner

Johnny B. Basler, District V Commissioner

Also attending were Shay Mathis, County Clerk; LaTonya Nix-Wiley, County Attorney; James C. “Butch” Sanders, County Manager; Phyllis Shrader, Assistant County Manager; Mike Bush, Finance Director; Terry McMickle, Public Works Division Director; Michael Harris, Planning & Zoning Services Division Director; Jim Luebbering, Building and Development Services Division Director; and others.

(NOTE: Audio of this meeting is available with the County Clerk in the Board of Commissioners’ Office and will be retained for a period no less than twelve (12) months from the date of this meeting.) 

            Chairman Mathis called the meeting to order and called for an acceptance of the agenda adding 1) a resolution supporting the renaming of a city/county park, 2) appointment to the Board of Health and 3) House Bill 489.  Commissioner Stamey made the motion to approve the amended agenda; Commissioner Bowman seconded.  The motion carried 5-0-0.

A Resolution of the Henry County Board of Commissioners Honoring the contributions and commitment of the Honorable R. W. Coley, Mayor of the City of Hampton, to the Parks and Recreation Program in Henry County Georgia

            WHEREAS, THE Honorable R. W. Coley, the current mayor of the City of Hampton is a lifelong resident of the City of Hampton, a municipal corporation located within Henry County; and

            WHEREAS, R. W. Coley has served the citizens of the City of Hampton through untiring, selfless efforts as both a private and public citizen for more than forty-five (45) years; and

            WHEREAS, R. W. Coley has been instrumental in the development of the Parks and Recreation Program that currently exists in Henry County; and

            WHEREAS, R. W. Coley first began coaching at the Hampton Youth Club in 1963 and continued coaching until 1979; and

            WHEREAS, in addition to coaching R. W. Coley served as the Purchasing Agent and Treasurer for the Hampton Youth Club from 1965 through 1979; and

            WHEREAS, R. W. Coley served on the Henry County Little League Board from 1964 through 1968; and

            WHEREAS, R. W. Coley further demonstrated his commitment to public recreation by signing a personal bank note along with two other parents to secure the funds to build a new baseball field in the City of Hampton; and

            WHEREAS, R. W. Coley continued to dedicate his time to parks and recreation by serving as a member of the Henry County Recreation Board from 1980 through 1988; and

            WHEREAS, R. W. Coley’s selfless acts were also shared by his late wife, Mary Lou Coley, now deceased; and

            WHEREAS, Mary Lou Coley was also and active member of the Hampton Youth Club from 1964 through 1979; and

WHEREAS, Mary Lou Coley volunteered her time run the concession stand for the Hampton Youth Club from 1965 through 1979; and

WHEREAS, all of the profits received from the concession stand went directly to the benefit the Hampton Youth Club for park improvements, equipment purchases and to reduce capital debts; and

WHEREAS, Mary Lou Coley was inducted into the Henry County Parks and Recreation Hall of Fame in 2009, in honor of her unwavering commitment to parks and recreation programs in Henry County; and

WHEREAS, R. W. Coley was inducted into the Henry County Parks and Recreation Hall of Fame in 2009, in honor of his unwavering commitment to parks and recreation programs in Henry County; and

WHEREAS, the Henry County Board of Commissioners desires to express its appreciation for the dedicated service of R. W. Coley and Mary Lou Coley for providing a high degree of service to community and its citizens.

NOW, THEREFORE, BE IT RESOLVED that the Henry County Board of Commissioners expresses its appreciation to the Honorable R. W. Coley for his dedicated service and many accomplishments and contributions made towards developing a vibrant Parks and Recreation Program in Henry County.

BE IT FURTHER RESOLVED, that the Henry County Board of Commissioners offers its support to the City of Hampton in renaming North 40 Park to “R.W. / Mary Lou Coley Park” as a further means of honoring his public work and commitment.

            Commissioner Jeffares made the motion to approve the resolution; Commissioner Stamey seconded.  The motion carried 5-0-0.

Appointment to the Board of Health

            Chairman Mathis stated Mr. Andy Welch has faithfully served as an appointee but has recently made the decision to resign his position and his term expires December 31, 2014.  There was a recommendation to appoint Mr. William Abbate to fill the unexpired term.

            Commissioner Jeffares made the motion to appoint Mr. William Abbate to fill the unexpired term of Mr. Andy Welch; Commissioner Holder seconded.  The motion carried 5-0-0 approving the following resolution:

            WHEREAS, the Board of Commissioners makes appointments to serve on the Henry County Board of Health; and

            WHEREAS, Mr. Andy Welch, III has faithfully served as an appointee but has recently made the decision to resign his position; and

            WHEREAS, the term for this appointment expires December 31, 2014.

            NOW, THEREFORE, BE IT RESOLVED, the Henry County Board of Commissioners appoints Mr. William Abbate to the Henry County Board of Health to serve the remainder of the term vacated by Mr. Andy Welch, III.

Family Investments, LLP of McDonough – RZ-09-10

            Ray Gibson, Director of Planning and Zoning presented the agenda item to the Board.  Lambert Family Investments, LLP of McDonough requests a rezoning from RA (Residential-Agricultural) to M-2 (Heavy Manufacturing) for property located at the northwest corner of the King Mill Road / Iris Lake Road intersection in Land Lots 199, 217 and 218 of the 7th District.  The request is for a warehouse development.  The size of the subject property consists of approximately 181.1 +/- acres.  To the north, east and west of the subject property there is RA (Residential-Agricultural) property also there is a small portion to the south.  There is also vacant R-2 zoned property to the south of the property. 

            Both the previous and current Future Land Use Map designates the subject property for industrial and wholesale uses so this request is consistent with those uses.  The conceptual site plan illustrates two 1.5 million square foot warehouse facilities.  Also it shows two entrances into the proposed development from King Mill Road as well as the associated parking.  Currently Building A shows 456 truck parking spaces and for Building B there are 469 truck parking spaces.  The SPLOST Department will be completing a road improvement / road realignment for King Mill Road.  The applicant will be required through conditions, if approved, to upgrade the road frontage along their development and it will have to be done in coordination with the SPLOST Department road improvements.

            At the Zoning Advisory Board meeting the applicant received approval to reduce the amount of parking on the development.  The code currently requires four spaces per 5,000 square feet of warehouse space.  The applicant received a variance from the Zoning Advisory Board to have one space per 5,000 square feet of warehouse space.  The variance is not effective until the rezoning is approved.

            The subject property has considerable tree coverage surrounding the perimeter which will be maintained through conditions on the property.  Also given that the request is proposing a warehouse use greater than 500,000 square feet it was submitted as a DRI to the Atlanta Regional Commission (ARC) and the Georgia Regional Transportation Association (GRTA).  It was deemed in the best interest of the State by ARC and GRTA also approved the DRI with conditions.

            A town hall meeting was held on November 5th where a number of concerns were brought up by the surroundings citizens.  Most of those concerns have been addressed. 

            The Zoning Advisory Board heard the request at their October 8th meeting and recommended approval with 14 conditions of zoning.  The resolution presented to the Board contains 13 conditions because condition #13 of the ZAB’s recommended conditions called for a town hall meeting and that condition has been met.  Staff recommended that condition #13 be amended to read “The natural buffer of seventy feet (70’) which currently exists shall remain on all road sides, and be substantially improved to block as much view and/or sound as possible from King Mill Road, Iris Lake Road, and Nail Mill Road.  The 70’ foot buffer along King Mill Road shall begin at the new right-of-way line.”

            Commissioner Holder asked if the property located on John R. Williams Parkway was currently zoned as part of a PUD.  Mr. Gibson stated that was correct.  Commissioner Holder stated there will be commercial and industrial uses from Highway 42 back to where the homes begin at Lake Iris.  Mr. Gibson stated that was correct.

            Commissioner Holder stated it was mentioned that the proposed zoning was in the previous and current Future Land Use Map; Commissioner Holder asked how far the previous map went back.  Mr. Gibson stated it went back to 1993 and there was an amendment in 2002 and all those maps as well as the current map designate the subject property for industrial and wholesale uses.

            Commissioner Bowman stated in the staff report it reads “staff does not make any recommendation to go against the requirements”; does this mean that staff does not make a recommendation or that staff would deny the request.  Mr. Gibson stated staff doesn’t go against the code and would actually recommend denial of the variance request before the Zoning Advisory Board and they moved forward to recommend approval. 

            Doug Dillard, Dillard & Galloway represented the applicant.  Mr. Dillard stated an amendment to the application was filed which satisfied all the requirements of the Zoning Ordinance.  Certain Constitutional issues were raised (in a letter) in the event that the application is denied and incorporated and made a part of the record.  Mr. Dillard stated the applicant is in support of the staff recommendation, agrees to all the GRTA (Georgia Regional Transportation Association) conditions as a result of the DRI that was submitted to ARC (Atlanta Regional Commission).  Both organizations found that this application was in the best interest of the State and the Region.  The applicant also agrees with the fourteen conditions submitted.  The condition that was added requires that SPLOST improvements relative to the connection to Highway 42 and the improvement to King Mill to the site should be made before a certificate of occupancy is given; the applicant agrees with that condition.  Regarding the parking issue, it’s the applicant’s understanding that the Zoning Advisory Board approved the variance request regarding parking.  There is a 70’ buffer adjacent to the residential areas.  The transportation issues have been very important to this application and there were certain conditions made.  There is a request for two curb cuts on King Mill.  The curb cut closest to Iris Lake Road has been a concern.  The applicant feels this is important for when the second building is constructed.

            Mr. Gibson stated the Zoning Advisory Board recommended denial of M-2 and approval of the M-1 zoning.  Mr. Dillard stated the applicant was in agreement with the recommendation.

            Russ Posey, a representative for the applicant stated the request is to rezone approximately 181 acres of a 440 acre total parcel.  The maximum allowable square footage under the rezoning and associated site plan would be approximately three million square feet.  All efforts were taken during the preparation of the site plan to accommodate all the requirements of the DRI as issued by GRTA and ARC.  Regarding the entrances to the property, there is a western entrance that aligns approximately at the termination point of the currently planned King Mill realignment project.  The development will be responsible for all the improvements to that intersection including left turn lanes into the property and right turn lanes out of the property.  A second entrance is proposed on the east end nearest to Iris Lake Road.  The reason for two entrances is primarily the volume of total development that would happen over the eventual development of the 440 acres.  Elements have been incorporated into the design for interconnectivity to maintain as much traffic off of public roads as possible. 

            Mr. Posey stated regarding the variance for parking spaces, the development provides greenspace (unpaved areas) that would accommodate full code compliant parking in the event that the parking is needed. 

            Mr. Ray Lambert, the applicant, stated his father started putting their farm together 51 years ago and there has been no immediate need to sell the property.  The property can no longer be used for its purpose of farming.  Mr. Lambert stated he has been contacted within the last few years by potential buyers to sell the property.  Also representatives from the City of McDonough contacted him regarding annexing the property into the City.  Mr. Lambert stated he considers himself a citizen of Henry County not of McDonough and that’s one reason he didn’t annex. The rezoning request will be beneficial to the County with higher taxes paid and fewer services required. 

            Chairman Mathis called for public comments from anyone wishing to speak in opposition to the request.  Speaking in opposition was, Michael Burns, 313 Galahad Court, Doug Felton, 580 Guinevere Court, George Turner, 424 Lance Lot Trail.

            Commissioner Holder made the motion to allow ten additional minutes for public comments; Commissioner Stamey seconded.

            Public comments continued with the following speakers, Wayne Nail, 266 Nail Mill Road, Betsy Bickert-Adix, 100 Royal Way, John Bigham, 116 Forrest Bridge Drive.

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

            Mr. Dillard stated all legal requirements have been satisfied.  All requirements set forth by the Zoning Advisory Board have been satisfied.  The applicant’s request is for approval in accordance with the recommended recommendations. 

            There were concerns regarding the impervious surface.  Mr. Gibson stated the subject property is within the limited development area of the Tussahaw Watershed Protection District which has a maximum of 75% of impervious surface.  When plans are submitted, the applicant will not be allowed to exceed the 75% impervious surface.  This is according to the new Comprehensive Land Use Plan; in the old code it was 88% of impervious surface.

            Michael Harris, Planning and Development Division Director stated there were comments made regarding some questions that were asked previously of staff that had not been answered.  This process involves the land use.  If the rezoning is approved, the applicant would be required to submit a full set of engineering documents as well as a hydraulic study for review.  All Local, State and Federal regulations would have to be met.

            Commissioner Bowman asked if there could be a boulevard entrance on the western driveway that would service both buildings thus moving that amount of traffic away from Iris Lake and Nail Roads.  Mr. Posey stated from an engineering stand point, there is an opportunity with some undeveloped property on the west to do that.  However the development requires a particular type of access for a distribution center and creating the geometry for a roadway system on the western portion of the property is not conducive to the best use/access to the property.  The entrance would be off site of the current rezoned application area but would be feasible.  Commissioner Bowman asked if the applicant would be willing to do that.  Mr. Lambert stated he felt this would inhibit the development of Building B to where it would make it virtually useless. The recommendation regarding the entrance was from GRTA and we have to stick with what they have recommended.

            Commissioner Stamey asked if the pond on the property was stream fed and was there a letter from the Army Corp of Engineers.  Mr. Lambert stated there was a letter presented from the US Army Corps of Engineers.  An evaluation was done and there are no State waters on the subject property.

            Commissioner Stamey made a recommendation regarding the entrance into the subject development.  Mr. Dillard stated the second entrance is primarily for Building B.  The recommendations that have been given at this meeting have not been submitted to GRTA.  The applicant would be willing to reserve at another meeting a public hearing on that entrance relevant to Building B.  When the applicant applies for a land development permit on Building B, the applicant would come back to the Board for approval of that curb cut or alternatives.  Staff stated that a condition regarding this could read “the applicant will submit the development plans for Building B showing the proposed access location”.  Mr. Dillard added showing the proposed access on King Mill either with a second curb cut as shown on the site plan or alternatives relative to improvements on the western side of the property. 

            Mr. Gibson stated on condition #8 it states “the left turn lanes (into the proposed property) shall be twelve feet (12”) in width”.  Mr. Gibson added to the condition “that it shall be a minimum of 340 feet in length”.

            Commissioner Holder made the motion to deny the M-2 (Heavy Manufacturing) zoning and approve the M-1 (Light Manufacturing) with the conditions submitted by and staff and the addition of the following:

            Condition #13 amended to say the natural buffer of seventy feet (70’) shall be from the right of way of the new required eighty foot (80’) right of way rather than the existing right of way. 

            Condition #14 shall read “There shall be no certificate of occupancy issued to any building located on the subject property until King Mill Road realignment and intersection improvement at State Route 42 and King Mill Road has been completed and accepted by Henry County.

            Condition #15 shall read “The access for Building B, from King Mill Road shall be approved by the Board of Commissioners as it currently exists or an alternative prior to the issuance of a development permit.

            Condition #8 amended to add “a minimum of 340 feet in length”. 

            Commissioner Jeffares seconded the motion.  The motion carried 5-0-0 approving the following resolution:

WHEREAS, Lambert Family Investments, LLLP of McDonough, GA requests a rezoning from RA (Residential-Agricultural) to M-2 (Heavy Manufacturing) for property located at the northwest corner of the King Mill Road/Iris Lake Road intersection, in Land Lots 199, 217, and 218 of the 7th District. The request is for a warehouse development, consisting of 181.1 +/- 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

WHERAS, the Henry County Zoning Advisory Board reviewed and recommended denial of the M-2 (Heavy Manufacturing) zoning request and approval of an M-1 (Light Manufacturing) zoning district on October 8, 2009.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the M-2 (Heavy Manufacturing) zoning request and approves M-1 (Light Manufacturing) with the following thirteen (13) conditions:

1.      Applicant shall adhere to the following conditions cited in the GRTA Notice of Decision:

 

Conditions to GRTA Notice of Decision:

 

Road Connectivity

§  Provide a maximum of 2 site driveways along King Mill Road.

§  All internal intersections must be 150 feet minimum from site driveways.

§  Allow for future connection on the western edge of property to driveway #1.

§  All site driveways must connect to all buildings.

 

                        Pedestrian Facilities

§  Provide sidewalks to connect all buildings.

 

King Mill Road Realignment

 

Roadway Improvements

§  King Mill Road east of State Route 42 will be realigned with the southern intersection of King Mill Road at State Route 42.

§  A signal will be installed at the proposed four-leg intersection.

§  Each of the four approaches along State Route 42 and King Mill Road will be improved to consist of one left-turn lane, one through lane, and one right-turn lane.

 

King Mill Road at Driveway #1(Intersection #11)

§  Provide an eastbound left-turn lane along King Mill Road

 

King Mill Road at Driveway #2 (Intersection #12)

§  Provide an eastbound left-turn lane along King Mill Road

 

2.      All buildings shall be constructed of brick, stone, concrete, glass, or any combination thereof.  Stucco shall be used for architectural accents only. 

3.      A new plat shall be recorded for the property that was rezoned, as illustrated, on the site plan dated September 11, 2009 prepared by Hayes and James for The Alter Group prior to a land disturbance permit can be issued.

4.      The Planning and Zoning Department shall approve the architectural design of all proposed building plans prior to the issuance of a building permit. 

5.      Dumpsters shall be placed on a concrete pad and enclosed on three (3) sides.  The enclosure shall have consistent character and design details that reflect the architectural design of the project, and shall not exceed eight feet (8’) in height.

6.      An exterior lighting plan shall require all lighting to be of moderate brightness and consist of downcast lighting of the quadplex type, and be approved by the Planning and Zoning staff prior to the issuance of a building permit.

7.      Primary ground signage shall consist of a monument-based sign not exceed fifteen feet (15’) in height and shall have consistent character and design details that reflect the architectural design of the project.

8.      The applicant shall be responsible for the design, any acquisition of necessary right-of-way, relocation of utilities, and construction of the eastbound left turn lanes to HCDOT standards.   Left turn lanes shall be twelve feet (12’) in width and a minimum of 340 feet in length. 

9.      The applicant shall be responsible for coring the existing roadway along the front foot print of the required roadway improvements and shall be responsible for providing a pavement design for HCDOT review.  Upon approval of the pavement design the applicant shall be responsible for upgrading/overlaying the existing roadway paving section per the approved pavement design within the project foot print limits.   

10.  The applicant shall meet and coordinate with the Henry County SPLOST Department to ensure an agreement between the realignment of King Mill Road and the proposed western access point are made to facilitate for any necessary changes required of the SPLOST project for the separate improvements to take place.

11.  All curb cuts shall be located such that the minimum intersection sight distance is met per the road’s posted speed limit and shall have a deceleration lane/acceleration taper designed and constructed to HCDOT standards.

12.  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.

13.  The natural buffer of seventy feet (70’), ) shall be from the right of way of the new required eighty foot (80’) right of way and shall remain on all road sides, and be substantially improved to block as much view and/or sound as possible from King Mill Road, Iris Lake Road, and Nail Mill Road.

14.  There shall be no certificate of occupancy issued to any building located on the subject property until King Mill Road realignment and intersection improvement at State Route 42 and King Mill Road has been completed and accepted by Henry County.

15.  The access for Building B, from King Mill Road shall be approved by the Board of Commissioners as it currently exists or an alternative prior to the issuance of a development permit.

(The Board took a two minute recess)

________________________________________________________________________

Resolution regarding House Bill 489

            Mike Bush, Finance Director presented the agenda item to the Board.  The recent adoption of the Comprehensive Land Use Plan triggered the need to have the existing House Bill 489 Agreement reviewed.  House Bill 489 is an agreement between the local governments within Henry County specifying how essential services will be delivered to citizens within both the incorporated and unincorporated areas.  The County has been in negotiations with the four Cities for the last couple of months.  The request is for approval of a resolution to approve the renegotiated agreement and the agreement will be for a period of five (5) years unless otherwise required to be renegotiated.  All the Cities have approved the agreement.

            Commissioner Holder made the motion to approve the request; Commissioner Stamey seconded.  The motion carried 5-0-0 approving the following resolution:

            WHEREAS, the Georgia General Assembly adopted legislation in 1997 known as House Bill 489 the Service Delivery Strategy Act codified in Chapter 70 of Title 36 of the Official Code of Georgia Annotated; and

            WHEREAS, the intent of this Act was to minimize any inefficiencies resulting from duplication of services and competition between local government and to provide a mechanism to resolve disputes over local government service delivery funding equity and land use; and

            WHEREAS, the Service Delivery Strategy Agreement, must include a description of services provided within the incorporated and unincorporated areas of Henry County as well as a description of the funding sources of each service to be provided by each government; and

            WHEREAS, in 1999 Henry County and all the municipalities located within Henry County developed and completed their first Service Delivery Strategy Agreement in compliance with Chapter 70 of Title 36 of the Official Code of Georgia Annotated reflecting their preferred arrangements for providing local services throughout the County; and

            WHEREAS, the Service Delivery Strategy Agreement was renegotiated and reapproved by Henry County and all the municipalities located within Henry County; and

            WHEREAS, concurrent with the recent completion of the Joint Comprehensive Plan by Henry County and all of the municipalities located within Henry County, the parties were required to renegotiate the 2005 Service Delivery Strategy Agreement; and

            WHEREAS, Henry County and the municipalities within Henry County have recently been in negotiations to revise the 2005 Service Delivery Strategy Agreement with the primary goal of ensuring the most efficient and cost effective delivery of services to the citizens of Henry County; and

            WHEREAS, the Georgia Department of Community Affairs requires that re-adoption of the Service Delivery Strategy be approved by resolution.

            NOW THEREFORE BE IT RESOLVED, that a newly revised Service Delivery Strategy Agreement as attached is hereby adopted and approved by Henry County in compliance with the Service Delivery Strategy Act codified in Chapter 70 of Title 36 of the Official Code of Georgia Annotated.

            BE IT FURTHER RESOLVED, that the Chairman of the Henry County Board of Commissioners is hereby authorized to execute any document of amendment necessary to comply with the laws governing service delivery for the benefit of the health, safety and welfare of the citizens of Henry County.

County Manager Comments

            There were no comments.

County Attorney Comments

            There were no comments.

Public Comments

            There were no comments.

Upcoming Meetings

1.      Thursday, December 24th and Friday, December 25th all County Offices will be closed in observance of the Christmas Holidays

2.      Friday, January 1st all County Offices will be closed for New Year’s Day

3.      Monday, January 4th at 9:00 a.m. a Workshop Meeting and Tuesday, January 5th at 9:00 a.m. a Regular Board Meeting

 

 

Adjournment

            Commissioner Basler made the motion to adjourn; Commissioner Jeffares seconded.  The motion carried 6-0-0.

                                   

                                                                        Elizabeth “BJ” Mathis, Chairman

 

Shay Mathis, County Clerk