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,
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
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
R. W. Coley has been instrumental in the development of the Parks and
Recreation Program that currently exists in
R. W. Coley first began coaching at the
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
Mary Lou Coley was also and active member of the
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
NOW, THEREFORE, BE IT RESOLVED that the
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.
Jeffares made the motion to approve
Appointment to the Board of Health
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
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
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.
THEREFORE, BE IT RESOLVED, the
Family Investments, LLP of McDonough – RZ-09-10
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
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
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.
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
Holder asked if the property located on
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.
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
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.
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
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.
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
comments continued with the following speakers, Wayne Nail,
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.
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
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”.
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.
#14 shall read “There shall be no certificate of occupancy issued to any
building located on the subject property until
#15 shall read “The access for Building B, from
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
1. Applicant shall adhere to the following conditions cited in the GRTA Notice of Decision:
Conditions to GRTA Notice of Decision:
§ Provide a
maximum of 2 site driveways along
§ 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.
§ Provide sidewalks to connect all buildings.
King Mill Road Realignment
§ A signal will be installed at the proposed four-leg intersection.
§ Each of the
four approaches along
§ Provide an
eastbound left-turn lane along
§ Provide an
eastbound left-turn lane along
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
15. The access for Building B, from
(The Board took a two minute recess)
Resolution regarding House Bill 489
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
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
THEREFORE BE IT RESOLVED, that a newly revised Service Delivery Strategy
Agreement as attached is hereby adopted and approved by
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.
There were no comments.
There were no comments.
December 24th and Friday, December 25th all
January 1st all
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
Commissioner Basler made the motion to adjourn; Commissioner Jeffares seconded. The motion carried 6-0-0.