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, December 19, 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; 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 Harper called the meeting to order and called for acceptance of the agenda.

 

Chairman Harper announced that the following items would not be heard at this meeting:

Crown Manor, LLC of Atlanta, RZ-06-60, Commissioner Holman, District 5, (Presenter:  Ray Gibson, Director) (Exhibit # 22) 

Crown Manor, LLC of Atlanta, GA requests a rezoning from RA (Residential-Agricultural) to R-2 (Single-Family Residence) for property located on the north side of Kellytown Road, east of Owen Drive.  The property is located in Land Lots 54 and 75 of the 11th District, consisting of 126.63+/- acres.  The request is for the development of a single-family residential subdivision. 

              ORD-06-06

An ordinance to establish a Historic Preservation Board; to provide for an appeals procedure; to provide for codification; to repeal conflicting ordinances; and for other purposes (Presenter:  Stacey Jordan, Executive Assistant to the Board of Commissioners for Planning & Economic Development) (Exhibit # 16) 

 

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

 

PLANNING AND DEVELOPMENT

          ORD – 06-03

Notice is hereby given as required by Chapter 66 of Title 36 of the Official Code of Georgia Annotated (the “Zoning Procedure Law”) and Sections 3-6-23 and 3-7-314 of Henry County, Georgia, Zoning Ordinance that the Henry County Zoning Advisory Board will conduct a hearing for the purpose of receiving comments and making a recommendation on a proposed ordinance for the establishment of a Bruton Smith Parkway Design District in Henry County as it is a major connection between the cities of McDonough and Hampton, while also serving as a primary route between Interstate 75 and the Atlanta Motor Speedway.  The ordinance will seek to ensure that developments occur in a unified and aesthetically pleasing manner; to provide for codification; to provide for severability; to repeal conflicting ordinances; to provide an      effective date; and for other purposes. (Presenter:  Stacey Jordan, Executive Assistant to the Board of Commissioners for Planning & Economic Development.  The Zoning Advisory Board recommended approval on August 24, 2006.

Staff stated in the Spring of 2005 Bruton Smith Parkway/Highway 20 was widen to four lanes by the Georgia Department of Transportation.  The Henry County Officials recognized the need to be ahead of the development that was certain to occur and to create what’s called a Zoning Overlay District.  The Atlanta Regional Commission provided technical assistant and a technical committee was created and met on a regular basis to draft an Ordinance.  Several Overlay Districts in the Metro Atlanta area were used as examples.  Some examples that were used; in Peachtree City, Highway 54 West; in the City of Roswell, Highway 92; and in Rockdale County, the Stonecrest Mall.  Bruton Smith Parkway is a regulatory area, which appends transportation sites and building design standards for the benefit of Henry County.  The examples of the differences include, build two lines instead of setback lines, smaller and shorter signs, and also building material requirements (which happen to be in line with the usual conditions that the Board typically sets forth).

As far as the Comprehensive Plan, Bruton Smith Parkway intends to implement the goals, objectives, and policies of the Joint Comprehensive Development Plan.  In relations to the zoning districts, Bruton Smith Parkway does not change the zoning districts or the land uses in the districts; it simple sets a new set of standards and different regulations for the area.  The Parkway comprises four different character areas; the first is near the interstate and includes the City of McDonough portion; another is near the City of Hampton and includes new urbanism principles. The two character areas in the middle seek to maintain the character of rural Henry County and all four character areas implement aesthetic and access management principles for Henry County.

Character area one stretches from Interstate 75 down to the Westridge Park Intersection, which is the Publix intersection.  It’s defined by new urbanism and is supposed to look like the McDonough City Square and includes parking along side streets and parallel access roads.  Character area two stretches from the Westridge Park intersection (Publix) over to the Highway 20 realignment, which is the new part of the highway near the Towoliga River.  It seeks to keep the rural character; it would have informal landscaping and extended setbacks from any residential.  Character area three stretches along the new part of Highway 20 to the City limits of Hampton.  This area has never been developed, it is currently a pasture.  The Ordinance seeks to have a Blue Ridge style protection for view shed and only vegetation should be visible from the right of way.  Character area four extends within the Hampton City Limits to the end of the District near the Atlanta Motor Speedway.  It’s proposed to be new urbanism and look like a Downtown Hampton. 

Should the Ordinance be adopted, staff training will begin and there will be meetings with the Planning Commissions of the respective Cities (Hampton and McDonough). 

Kay Pippin, Henry County Chamber of Commerce, stated this project has been a long time coming and a lot of people have been involved in the process.  She stated she was in North Fulton County and drove around in some areas that looked like the proposed overlay district, and thought why can’t this be done on the south side of Atlanta.

Ms. Pippin stated we need planned districts in Henry County like the Bruton Smith Parkway Design District, especially as the Board works to improve transportation corridors like the Eagle’s Landing and East Lake Road Extension and Jodeco and Campground Road Extensions, rather than relying on the conditions of individual rezonings to improve development.  The Bruton Smith Parkway Design District insures that development along the corridor will occur in a unified and aesthetically pleasing manner.  It is necessary to use methods such as those featured in the design district which would have been proven in other places like Peachtree City, the Mall of Georgia and the Stonecrest area and other places.  In other metropolitan areas it is needed to effectively regulate fast growth areas and corridors before they become developed.  You would much rather have a corridor as presented rather than like Highway 19/41 that is struggling for redevelopment.  The excitement and attention that the other metropolitan locations have commanded, have worked in concert with wise and appropriate design standards to raise property values in the jurisdictions where model design districts have been adopted by the local government.  An important aspect of the Bruton Smith Parkway District is access management.  Most of the new commercial development in Metropolitan Atlanta uses access management to allow traffic circulation across parking lots eliminating the need to make left hand turns on major highways just to get next door.  This concept uses Enterprise Parkway (the run behind the Chamber of Commerce) as the model for the Bruton Smith Parkway design district.  To ignore this essential regulatory tool is to pledge to repeat the mistakes of the past.  Gathering non motor travels onto tree lined meandering paths, sitting buildings in appropriate locations, constructing landscape residential burns, and requiring uniform building materials and signage are proactive ways to make Bruton Smith Parkway pleasant for all of its various uses.  Most importantly all parcels that front Bruton Smith Parkway are regulated by the design district, getting both new property owners and long time residents the assurance that new development would be quality.  The Henry County Chamber of Commerce urges the Board to adopt the Bruton Smith Parkway Design District and to use it as a model for new highway corridors being planned right now for Henry County.

Councilman Arlie Lowe, Mayor Pro Tem for the City of Hampton, stated Mayor Coley could not be present for the meeting.  The City of Hampton has reviewed the proposed overlay district and had discussions with staff.  There were concerns and they have been addressed.  Since the character area that encompasses the City of Hampton is not a redevelopment area, they are looking forward to developing the area under the proposed guidelines.  The City of Hampton supports the Bruton Smith Parkway Overlay and urged the Board to approve the ordinance.

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

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

Richard Moreau, 2908 Highway 20 West, stated he is in the middle of character area two of the proposed overlay district.  Mr. Moreau stated on August 24th he attended a meeting of the Zoning Advisory Board and they did not recommend approval at that time; they would forward the request to the Board of Commissioners without a recommendation. 

The Chairman confirmed that was corrected at the beginning of the presentation.

Mr. Moreaue commended Mr. Stacy Jordan for addressing the concerns of the residents in the area, however there are still some questions.  There is some very vague language specifically referring to access roads.  The Ordinance is not specific enough to give guidance for the access roads.  The request was to be more specific with the language.  If the language is not specific, it will be left up to whoever is making the rules at that time.  One of the concerns as being the owner of five (5) acres is that some of the land will be lost if an access road has to be put in.  The request is for a minimum acreage of property to be developed, would be used as a guideline for the access road.  Some of the language within the Ordinance needs to be strengthen and there needs to be more specific information before approval. 

Commissioner Holder stated in the presentation there were comments regarding the rural sections, that no residential development would be seen from the parkway.

Mr. Stacy Jordan stated that was correct.  That’s in character area three and right now it is pasture area.  It allows developers to put up a berm in the pasture so that the development can not be seen from the highway.  It’s not a big area; it’s from the Towaliga River to the Hampton City Limits.

Commissioner Holder stated if the property will be blinded from the traveling public along the Bruton Smith Parkway, what is the intended purpose for not allowing any development.

Mr. Jordan stated the purpose is to maintain the view shed and to keep the rural area.  Basically to make it look like it is now but to allow the property owner to get some economic use out of the property.

Commissioner Holder stated it doesn’t look like there’s a berm there now. 

Mr. Jordan stated that the area is a pasture now.  Commissioner Holder stated that’s the point, that’s the rural character.  Will the property owner be damaged by the County in putting the berm into place?

Mr. Jordan stated no because right now it’s cows and the County is allowing him to put in commercial, residential or whatever rezoning requested as long as it can not be seen from the highway. 

Commissioner Holder stated on the multi use path that is proposed, there is at least one lake that the path will have to cross between McDonough and Hampton.  Who will be responsible for bridging those areas?

Mr. Jordan stated the intent was to be flexible, just for such areas as bad typography or the Towalogia River.  If it’s not feasible to put in an access road or a multi use path, then it won’t be put in per the staff decision.

          Commissioner Holder commented that means the multi use path could run no where and stop.

          Mr. Jordan confirmed and stated there are a lot of sidewalks that lead to no where as well, but we have to start somewhere.  As it becomes developed hopefully these types of things will be connected.

          Commissioner Stamey asked if there was anyone present on behalf of the City of McDonough and do they have an opinion on this ordinance.

          Mr. Jordan stated no one was present.  He spoke with Rodney Heard a month ago and they reviewed one of the recent annexations and it was brought in line with the proposed Bruton Smith Overlay District.  But as far as an official opinion on whether the Board should adopt the ordinance, they have not made an opinion.

          Commissioner Stamey asked if the City of McDonough was aware of the process.

          Mr. Jordan stated they were aware and two representatives from the City of McDonough worked on one of the models.

          Commissioner Mathis commented that she is pleased that this proposed overlay district is in the second district.  Henry County has been overtaken by rapid growth and one of the things that is constantly heard from citizens is why don’t you plan, why haven’t you planned better for this.  This is the first opportunity the Board has had to plan.  There is a blank palette, and the picture can be painted the way the Board would like for it to look.  We can allow it to look like another Tara Boulevard or design standards can be put into place that will maintain the integrity of the corridor and allow it to function they way it needs to, as a corridor that moves traffic in and out, and at the same time allow development along the corridor for the citizens that are property owners.  Mr. Jordan and the steering committee did an outstanding job.

          Commissioner Mathis made the motion to adopt the Ordinance to Establish the Bruton Smith Parkway Design District; Commissioner Holman seconded.

          Commissioner Stamey asked by adopting the Ordinance, the Board is not changing any rezoning of property in the district.

          Mr. Jordan stated that is correct.

          The Chairman called for the vote.  The motion carried 4-1-0 with Commissioner Holder opposed.

CONSENT ORDER

          Jeff Grant of Stockbridge, GA – RZ-05-50

Jeff Grant of Stockbridge, GA requests a rezoning from RA (Residential-Agricultural) to R-2 (Single-family Residential) for property located at the intersection of Hemphill and Moseley Roads.  The property is located in Land Lots 61, 62, 67 & 68 of the 11th District, consisting of 273.03+/- acres.  The request is to develop a single-family conservation residential subdivision.  The Board of Commissioners denied the request on August 15, 2006.

          Staff stated the Future Land Use Map designates the property for transportation communication utility uses.  That’s mainly because the property existed at one time as an airport.  The site consists of approximately 273 +/- acres.  The zoning districts that surround the property are:

·        Oakbend Subdivision is zoned R-2 – 30,000 square foot minimum lot sizes -  approximately 31 lots with an average house size of 2,600 square feet of heated floor space.

·        Waldon Wood Subdivision is zoned R-2 – 30,000 square foot minimum lot sizes – approximately 67 lots with an average house size of 2,858 square feet of heated floor space.

·        Hemphill Crossings Subdivision is zoned R-2 – approximately 31 lots with an average house size of 1,742 square feet of heated floor space.

·        The Bennington Place Subdivision is zoned RA – approximately 36 lots with an average house size of 1,894 square feet of heated floor space.

·        The property (in the area) that was zoned by Hayes Development but is currently owned by the applicant is zoned R-2 – approximately 116 lots with a minimum house size of 2,500 square feet.  The net density is not to exceed 1 dwelling unit per acre.

·        The Millers Mill @ Summerton is zoned R-2 – minimum house size of 2,500 square feet, with a minimum lot size of 1,800 square feet (located on sewer). 

·        There is a subdivision that was zoned RA in 1987 and because it had 150 foot lot frontage it has been changed to R-1 zoning.

The applicant has submitted a new plan for the proposed subdivision.  The Henry County Planning & Zoning Department, Henry County Development Plan Review, Henry County Department of Transportation and the Henry County Fire Department have reviewed the plan.

The new plan proposes 300 lots on 206 net acres for a net density of 1.45 dwelling units per acre.  The minimum lot size is proposed to be 18,000 square feet with the average lot being 26,000 square feet.  The lots along Moseley Road are proposed to be a minimum of 30,000 square feet.  There will be 66.34 +/- acres of open space provided per the plan.  The applicant is proposing a minimum 400 square foot gazebo in each of the phases of development.  There will also be a walking trail within each phase.  The trail will have to meet the Georgia Accessibility Code per the Fire Departments request. 

There was an issue regarding the access to the development.  The applicant is proposing one access onto Moseley Road and one access onto S. R. 138.  A second access onto S.R. 138 was not possible due to the requirements from the Georgia Department of Transportation. 

Due to this case being a consent order, staff made no recommendation.

Commissioner Holman asked for clarification regarding the minimum lot size for the Bennington Subdivision and the property that was zoned by the Hayes Development.

Staff stated the Bennington Subdivision is 36 lots, 1,500 square foot minimum house size and a one (1) acre minimum lot size.  The subdivisions that front on Flat Rock Road are in the range of 1 to 1.25 dwelling units per acre net density.

The property developed by the Hayes Development has a minimum lot size of 30,000 square feet, with a net density not to exceed one (1) dwelling unit per acre.

The Miller’s Mill @ Summerton subdivision has a minimum lot size of 18,000 square feet.

Commissioner Holder stated in the proposed conditions there is one access proposed onto Moseley Road.  The plan still shows two, but there will only be one.

Staff confirmed there will only be one access onto Moseley Road. 

Commissioner Holder asked with the proposal presented, will a variance be required or is this plan strictly within the Ordinance allowed within a R-2 zoning on sewerage?

Staff stated no variance will be required.

Commissioner Holman asked staff for clarification in reference to obtaining transportation permits.

Terry McMickle, Public Works Division Director, stated on S.R. 138, the question was does the applicant have to get permits from the Georgia DOT and if the site distance is not there, what happens to the development?  If the applicant can not get site distance on either entrance (S.R. 138 or Moseley Drive) the plans will not be approved and therefore the development can’t go forward.  Because it’s not known exactly where the entrances will go, it’s hard to say whether there is site distance or not.  Once the actual plans are submitted the DOT will review the site distance locations.  If the site distance is there, the plans will be approved and the applicant can go forward.  If there is not site distance, the plans will not be approved and the applicant can not go forward without approved plans.

Andrea Jones, Dillard and Galloway, represented the applicant and represents the applicant in the pending litigation. Ms. Jones stated since the litigation was filed the applicant has worked to try and prove a plan that gives a constitutional use of the property to the property owner and at the same time address the concerns of the neighboring properties.  One of the entrances onto Moseley Road has been closed which should alleviate some of the concerns regarding traffic.  The applicant has proposed 30,000 square foot homes along Moseley Road.  The homes that the applicant is proposing will be 2,600 to 4,000 square feet and all homes will be on sewer.  In addition the applicant has agreed to make a donation to the transportation needs of the area depending on the number of homes.  The number of homes has been limited to 300, which is actually less than what could be obtained under a straight R-2 zoning. (The applicant presented pictures of what the homes will look like.)

Ms. Jones asked the board to seriously consider granting the rezoning and settling the litigation and allow the property owner to build the beautiful subdivision that he wishes to build in Henry County.

Chairman Harper asked the applicant if he was in agreement with the proposed 26 conditions..

Ms. Jones stated the applicant will accept all 26 proposed conditions that were recommended.

Commissioner Adams asked the applicant if they would be willing to put the photographs, that were presented, into the record as the type of homes proposed to be built.

Ms. Jones stated they would submit the photos as an example of the quality house that is being proposed.

Commissioner Holman stated the pictures are not consistent with condition #6 regarding the exterior of the homes.

Ms. Jones stated to the extent that there is inconsistence with condition #6, the applicant will comply with the condition.  The pictures of the homes were intended to represent the quality and style of homes.  If condition #6 says all sides brick or craftsmen style or a combination, no vinyl, the applicant will comply.

Staff clarified the condition states “the houses shall consist of all sides’ brick and/or craftsman style exterior consisting of a combination of brick, stone, stucco, or cement fiberboard.”

Chairman called for public comments from anyone wising to speak in favor of the request.

Mr. Doug Druker, stated he lives in District 2, but owns property at the corner of Hemphill Road and Highway 138.  Several years ago he bought a piece of property in District 2 on a dirt road and he thought he had died and gone to heaven.  He drove down the road one day and saw a yellow sign.  A developer had bought the property and was going to put 44 homes on the property.  He got his neighbors together and they stopped the rezoning.  They won the battle but lost the war.  A couple of years later there was another yellow sign, this time it was a church and with good conscience he could not oppose a church because he is a pastor.  It wasn’t just any church; this church would be a mega church, with a sanctuary, gymnasium, lighted basketball courts and lighted tennis courts.  They stopped the 44 homes from coming in but they got more development than they wanted.  Mr. Drucker stated it is known what Mr. Grant is proposing, they have seen the plans and know that he is willing to compromise.  He has also pledged $450,000 to the intersection improvement at S.R. 138 and Hemphill Road.  Mr. Drucker stated he has been in close contact with DOT staff and there is a verbal agreement to straighten out the intersection; .92 acres of his property will be taken for the improvements.  He stated he has seen the plans and he has met with officials with the State DOT.  He was informed by county staff the intersection design and development has begun and will be completed by March 2007.  The traffic and safety concerns have been voiced and heard by the Commissioners.  He stated Mr. Grant is proposing to construct 300 quality homes on sewer with conditions, which is a great compromise on the 390 homes previously proposed.  If the request is denied, he will return to court and Mr. Grant stands a more than fair chance of winning; not just the 300 homes, but for the 390.  After speaking with Mr. Simmons, with DOT, the $450,000 will almost be enough funding necessary to complete and fix the intersection.

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

Mr. Thomas Crow stated he lives on Moseley Road, directly across the street from this development.  He stated they are opposed to the development presented.  They feel there has been no real compromise.  The density is wrong for the area.  Mr. Crow stated they would like to reach a compromise. They met with Mr. Grant and they have seen some of the homes that the applicant has built and feel the quality of the homes are fine, they object to the density for the proposed development.  Everything on the Current Land Use Plan, the Comprehensive Land Use Plan and also on the pending Future Land Use Plan shows less density and a RA zoning.  Mr. Grant is asking for something that has never been given on Moseley and Hemphill Roads.  Moseley Road is one of the worst paved roads in Henry County.  If the request is approved with the outlet onto Moseley Road, they feel like they will never be able to get out of their driveways.  Mr. Crow stated he talked with a Georgia Department of Transportation representative for the area, and he stated with the land Mr. Grant has, he could put two entrances onto Highway 138; this is what’s preferred.  Mr. Crow suggested having the larger lots, which will be along Moseley Road, to front Moseley Road.  The conditions that were put on the Hayes Development over a year and half ago, are some of the best ever seen.  They would like for the same thing to be done for this development.

Chuck Lane, 65 Bennington Court, stated he had previously sent an email and hoped the Board had a chance to read it.  It was previously mentioned during the presentation regarding the Bruton Smith Overlay District, planned development.  If this request is approved, there is no way to deny any other development that comes into the area and present the same plan.  Right now a precedent can be set to keep Henry County a more rural area.  If the improvements are planned for March, the funding is already available and the donation by Mr. Grant for the improvements wouldn’t matter.  If the donation will not be made until the homes are sold, it should not be considered at all.  This development will impede on the traffic, schools and the congestion of the area.  Everything in the area is a minimum three quarter acre lots that fronts onto Moseley and Hemphill Roads. 

Paula Stewart, 691 Hemphill Road, stated she has never had a problem with the homes but it’s with the traffic.  The applicant is building 300 homes on the subject property and another 126 homes on property near Highway 138.  There will be three schools in the area and there are plans to route the buses down Hemphill Road to Highway 138.  Highway 138 is a blind hill coming into a blind curve where it crosses Hemphill.  Add 300 homes and with 70 to 80 school buses, that’s a recipe for disaster.  Ms. Stewart suggested two entrances onto Highway 138 and a traffic light is mandatory before the opening of the new schools. 

Ms. Jones, representative for the applicant, stated the Board is representatives for the entire County.  The Board represents the existing homeowners, property owner who would like to develop their property, business owners, school children, and the entire county.  The idea that the Board is the last line of defense for anything is in correct.  The Board is responsible for making sure the county’s public health, safety, and welfare is protected without damaging private property rights.

Mr. Jeff Grant, the applicant, stated regarding the two access points along Highway 138, the site distance is only enough for one accel/decel.  He stated they have proposed to have a boulevard entrance onto Highway 138 and Moseley Road.  Typically in an R-2 District when sewer is not available the minimum lot size is 30,000 square feet.  When sewer becomes available it converts over to 18,000 square feet minimum lot size.  What’s proposed is 26,000 square feet lot size.  Sewer is available to this site. 

Commissioner Holder asked Mr. Grant on the condition that indicates one entrance from Moseley Road and one from S.R. 138, if the site distance permits, would he be willing to put both entrances onto S. R. 138 and eliminate the entrance onto Moseley Road.

Mr. Grant responded, certainly. 

Commissioner Holder asked Mr. Grant if he would be willing to make that a part of the condition.

Mr. Grant responded he would make this a part of the condition, but he has already checked and knows for a fact that it can’t be done, but would make it part of the condition.

Commissioner Holder stated this would address one of the issues that many people have concerns regarding Moseley Road.  If the site distance is there and Georgia DOT permits there could be the two entrances onto S. R. 138. 

Mr. Grant stated the one entrance onto S. R. 138 has been approved by the Georgia Department of Transportation. 

Commissioner Adams asked the applicant if there were any negotiations for removing some of the greenspace and making the interior lots larger.

Mr. Grant responded he doesn’t see how this could be done. 

Commissioner Holman asked the applicant, regarding the Hayes property that was mentioned early, it allows a minimum lot size of 18,000 square feet. 

Mr. Grant stated that’s correct, when sewer becomes available.

Commissioner Adams stated the gross density is a little over an acre.

Mr. Grant confirmed and pointed out that the adjoining Hemphill Crossing Subdivision is only 1.10 and the proposed development is 1.09.

Staff stated the 1.10 and 1.09 are gross densities.

          Commissioner Adams asked the County Attorney if there were any legal reasons to deny the request.

          Patrick Jaugstetter, County Attorney, stated he can’t say there is anything legally that mandates a denial.

          Commissioner Adams stated if this request was denied and went to court and the County lost, at that point would it mean the Board could not put any conditions on the property.

          Mr. Jaugstetter stated that’s not entirely correct.  If the County lost in court, the Judge would order the Board to zone the property in a constitutional manner.  It would have to be zoned in a manner to satisfy the court.

          Commissioner Mathis stated when a court looks at what is considered to be a constitutional zoning, do they look at what the Ordinances allow in a particular zoning districts.

          Mr. Jaugstetter stated the court will look at what the current zoning would allow the property owner to develop.  The court will consider what the property owner can develop within a RA District and whether the RA zoning provides the property owner an opportunity to make a constitutionally acceptable use of the property.

          Commissioner Holman asked the County Attorney, if the Board approves the request, what can the citizens do if they are not pleased with the decision.

          Mr. Jaugstetter stated it’s depended upon which citizen is dissatisfied.  Generally anyone aggrieved by a zoning decision has an opportunity to challenge the decision in court.  What grants a citizen standing to bring a challenge is different depending who the individuals are.

          Commissioner Adams made the motion to approve the request with the proposed 26 conditions.

          Commissioner Holder asked that condition #23 be amended to say, “There shall be two accesses to the subject property from S. R. 138, if approved by Georgia Department of Transportation.  If not, there shall be one entrance from S. R. 138 and one entrance from Moseley Road to the subject property”

          Commissioner Adams amended his motion to include the amendment by Commissioner Holder.

          Commissioner Harper suggested adding to the beginning of condition #23 “if at final platting for the subdivision, if site distance is there…..”

          Staff stated it should read “at the time of the development permit, if site distance is there….”

          Commissioner Adams asked Mr. Grant if he was in agreement with the 26 conditions and the amendment to condition #23.

          Mr. Grant stated he agrees.

          Commissioner Stamey asked the applicant if he objected to the photos that were presented, becoming a part of the record.

          Mr. Grant stated they can be added.

          Staff recommended adding to condition #6 “similar to the attached photos”

Commissioner Adams amended his motion to include an amendment to condition #6 “The exterior of the houses shall consist of all sides’ brick and/or a craftsman style exterior consisting of a combination of brick, stone, stucco, or cement fiberboard, similar in nature to the attached photos (Exhibit A). Vinyl is prohibited except for the soffits, gables, eaves, and fascia board. There shall be no modular units allowed.”

Staff asked for clarification regarding condition #23, “at the time of the development permit, if site distance is there….”, if the property is developed in phases.

          Michael Harris, Planning and Development Division Director, stated it should say “at the time of the initial phase of development permit….”

          Commissioner Adams amended his motion to also include this amendment to condition #23; Commissioner Holder seconded.  The motion carried 4-1-0 with Commissioner Holman voting in opposition.  The following are the approved conditions:

1.     The average lot size for the development shall be 26,000 square feet in addition to a minimum lot size of 18,000 square feet. The lots adjacent to Moseley Road shall be a minimum of 30,000 square feet in area. The average lot size shall be determined at the final plat stage by the Development Plan Review Department.

2.     A Landscape Plan shall be submitted to and approved by the Development Plan Review Department.

3.     The Developer shall install grass island sidewalks on both sides of the street.

4.     Yards shall be sodded to the rear drip line of the houses.

5.     The minimum house size shall be 2,600 square feet of heated floor area.

6.     The exterior of the houses shall consist of all sides brick and/or a craftsman style exterior consisting of a combination of brick, stone, stucco, or cement fiberboard, similar in nature to the photos as attached (Exhibit A). Vinyl is prohibited except for the soffits, gables, eaves, and fascia board. There shall be no modular units allowed.

7.     Two-car, side entry garages shall be standard. Front-entry garages shall be allowed subject to the Building Department’s approval due to hardships caused by the buildings’ lot shape (if deemed necessary).

8.     Underground utilities and streetlights shall be installed by the developer.

9.     The development shall have uniform mailboxes throughout.

10.                        All existing houses, if any, shall be removed to maintain consistency in development.

11.                        The retention area shall be landscaped for aesthetic appeal subject to approval by the Development Plan Review Department.

12.                        There shall be a buffer easement along all lots adjoining any streams or rivers, which shall be maintained for a minimum distance of seventy-five feet (75’) from the banks of such streams on both sides.

13.                        A mandatory HOA shall be established and maintained.

14.                        All privacy fencing shall be maintained by the mandatory HOA.

15.                        Greenspace shall be maintained by the mandatory HOA.

16.                        The subdivision entrance signage shall be constructed of material reflective of the architectural design of the homes of the project. Such signage shall be maintained by the mandatory HOA.

17.                        Acceleration and/or deceleration lanes shall be required at all subdivision entrances. Entrances shall be located such that the minimum intersection sight distance is obtained per each roads posted speed limit.

18.                        No building permits shall be issued until the sewer services are available at the proposed site.

19.                        There shall be no more than 300 houses developed on the subject property.

20.                        A donation fee of $1,500.00 per lot shall be paid to the County for specific use towards the redesign and development of the intersection located at Highway 138 and Hemphill Road.  Said donation shall be paid to the HCDOT prior to the issuance of any certificate of occupancy.

21.                        There shall be two (2) gazebos, a minimum of 400 square feet in area, constructed within the open space area of the subject property. One gazebo shall be constructed prior to the completion of Phase I of the development and the second gazebo constructed prior to the completion of Phase II.

22.                        A walking trail shall be provided within the open space area of the development and shall be completed in Phase I. The walking trails shall meet the requirements of the Georgia Accessibility Code.

23.                        If at the initial phase of the development permit for the subdivision, there shall be two accesses to the subject property from State Route 138 if approved by the Georgia Department of Transportation.  If not, there shall be one entrance from Highway 138 and one from Moseley Road.

24.                        The Developer agrees to donate an additional ten foot (10’) of right-of-way along the sites frontage on Moseley Road.

25.                        The Developer agrees to provide a twenty foot (20’) easement strip along the sites frontage on Hemphill Road to be used for the widening of Hemphill Road.

26.                        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.

April Wilkerson of Stockbridge, GA – AP-06-24

April Wilkerson of Stockbridge, GA requested a conditional use for property located on the northeast side of Fairview Road, southeast of Church Road.  The property is located in Land Lot 189 of the 12th District, consisting of 2.346+/- acres.  The request was for a personal care home.  The request was denied by the Henry County Zoning Advisory Board on November 9, 2006.  The applicant filed an appeal with the Henry County Planning and Zoning Department on November 14, 2006. 

          Staff stated the applicant is proposing to use the existing home on the subject property as the care home.  There is a variance associated with this request.  The minimum lot size for a personal care home is 3 acres.  The minimum setback from the property line is 50 feet and the applicant currently has 45.2 feet.  This could have been handled administratively but staff decided to include it with the conditional use request.  The house is currently 1,292 square feet of heated space.  A list of conditions was proved in the event the request was approved.  On condition #1 “the number of residents may not exceed three (3)….” this number includes the owner and two residents.  Staff stated after a visit to the site it was determined there were a lot of trees and recommended adding to condition #3 “subject to approval by the Development Plan Review Department”.  Regarding condition #4, staff recommended amending the condition to allow the applicant 9 to 12 months to install the privacy fence and once the fence is installed the plants are replaced per condition #3.

          Commissioner Stamey asked for the road classification of Fairview Road. 

          Staff stated it’s a major arterial road.

          April Wilkerson, the applicant, was present.  Ms. Wilkerson stated she had reviewed the conditions and agrees. 

          Commissioner Mathis asked for clarification regarding condition #1 and residents not to exceed three (3), the owner and 2 residents.  Chairman Harper stated 3 occupants including the owner, that way if the applicant and her daughter wanted to live in the home they could have one patient.  No more than 3 occupants at the residence.

          Commissioner Mathis asked what if the applicant has a spouse, does he/she count as one.  They will more than likely share a room.  Could the condition read only 2 personal care residents?

          Mr. Jaugstetter recommended that condition #1 should read “No more than two (2) personal care residents are allowed in reference to the Conditional Use request”.

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

          Commissioner Holman made the motion to approve the conditional use (CU-06-28) with 10 conditions, with amendments to conditions #1, #3 and #4 as previously stated; Commissioner Mathis seconded.  The motion carried unanimously.  The following are the approved conditions:

1.     There shall be no more than two (2) personal care residents in reference to the Conditional Use request.

2.     The necessary right-of-way should be preserved for the future widening of Fairview Road.

3.     A ten foot (10’) wide buffer shall be placed along all property lines, subject to approval by the Development Plan Review Department.  The following number of plant materials shall be required for each fifty linear feet (50’), or portion thereof, of the required property buffers:

a.     One (1) Canopy Tree

b.     One (1) Evergreen Tree

c.      One (1) Understory Tree

d.     Five (5) Shrubs

4.     A six foot (6’) high privacy fence shall be constructed and maintained along the side and rear property lines within twelve (12) months, subject to approval by the Development Plan Review Department. Once the fence is installed, plants are to be replaced per condition #3.

5.     All Fire and Building codes must be complied with.

6.     Any additional structures shall be constructed of materials consistent and compatible with the primary structure.

7.     There shall be no outside signage for this care home. 

8.     The character of this site is to stay residential in nature.

9.     The two parcels must be combined into one parcel.

10.                        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.

April Wilkerson of Stockbridge, GA – AP-06-25

April Wilkerson of Stockbridge, GA requested a variance for property located on the northeast side of Fairview Road, southeast of Church Road.  The property is located in Land Lot 189 of the 12th District, consisting of 2.346+/- acres.  The request was for a reduction to setbacks and minimum lot size for a personal care home.  The request was denied by the Henry County Zoning Advisory Board on November 9, 2006.  The applicant filed an appeal with the Henry County Planning and Zoning Department on November 14, 2006.

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

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

          WHEREAS, April Wilkerson of Stockbridge, GA applied for a variance (VR-06-39) for a reduction to setback and minimum lot size requirements for a personal care home. The property is located on the northeast side of Fairview Road, southeast of Church Road (Parcel ID Numbers 045-01-004-000 & 045-01-004-007).  The property is located in Land Lot 189 of the 12th District, consisting of 2.346+/- 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 November 9, 2006.

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

          Tussahaw Development, LLC of Suwanee, GA – RZ-06-04

Tussahaw Development, 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 Plan Development.

          Staff stated the Mixed Use Plan Development will consist of residential, office and commercial land uses.  The property is located within the Tussahaw Creek Watershed District and has frontage on the south side of Leguin Mill and New Hope Roads.  The southern property line of the subject property is adjacent to the northern shores of the Tussahaw Reservoir.  The Ordinance asserts that all Planned Developments must be located on roads with a minimum classification of major arterial.  The proposed development will be accessed via three (3) driveways; one on Peeksville road, one from New Hope Road and one from Leguin Mill Road.  Peeksville road is classified as a major arterial roadway, and New Hope and Leguin Mill Roads are classified as minor arterials.  This proposed development did trigger a review by the Atlanta Regional Commission (ARC) and the Georgia Regional Transportation Authority (GRTA) because of the number of units in excess of 400 units and because it’s a mixed use development in excess of 120 acres.  The ARC did find the development is in the best interest of the region and GRTA did issue a Notice of Decision which entails an extensive amount of roadway improvements.  Upon the issuance of the Notice of Decision, the applicant’s request was submitted to the Zoning Advisory Board in July in which a concept plan review occurred.  At that time the applicant proposed 1,046 dwelling units, with a minimum lot size of 4,000 square feet and a net density of 1.98 dwelling units per acre.  The applicant has since held several town hall meetings and met with staff and taken into consideration all the recommendations that the Zoning Advisory Board presented during the Concept Plan Review.  They have increased the lot size and reduced the net density to conform with the standards established for developments within the Tussahaw Watershed Protection District.  Based on the plan presented, the applicant depicts 957 lots with lot sizes ranging from 10,890 square feet to 1. 5acres. As depicted on the site plan, the net density is 1.75 dwelling units per acre.  There are approximately 15.0 acres that are depicted for future commercial development and an additional 1.5 acres for future office uses.  There is also a 25 acre site on the south side of Peeksville Road which has been designated for a future school site, and if the request is approved, will be donated to the Board of Commissioners.  There is also a 2.2 +/- acre site, which has been dedicated for civic uses to be developed for public use.  The proposed uses will provide employment, goods and services to the proposed development as well as surrounding neighborhoods.  Approximately 127.4 acres, which is 21% of the gross area of the development, is being designated for open space.  There are two amenity areas proposed which would include a clubhouse, swimming pool, tennis courts, a playground and recreational fields.  In addition to the major amenity areas located near the Tussahaw Reservoir, a hiking trail and docks and slips for canoes and electric boats are also being proposed.  The proposed planned development will have sewer availability therefore; the allowable net density will be 1.75 because it is a planned development in a watershed.  The request as structured is not consistent with the residential agricultural land uses.  The purpose of a Planned Development is to encourage development of compatible land uses within the frame work of a Master Development Plan for Residential and Non-Residential land uses.  One of the objectives of the PD is to prove for conservation and natural features with an emphasis on conservation of surface and sub-surface water resources.

          John Bonanno, Tussahaw Development, LLC, represented the applicant.

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

          Andy Brumbalow, 400 Victoria Place Drive, stated he would like for the zoning conditions be modified.  He stated he is not totally against the development.  He requested that the construction traffic be routed to use Leguin Mill Road and New Hope Road.  Mr. Brumbalow asked for the time frame for when all phases of the development will be completed.  Mr. Brumbalow would like for the waste water treatment plant to be in place before construction begins on developing the property.  Buffers should be added to the conditions.  There was concern for the intersection improvements; will there be a traffic light at major intersections.  There are concerns regarding the building materials for the homes being built. 

          Mr. Bonanno stated he has worked with staff and others on this project for approximately fifteen (15) months.  As part of the DRI and GRTA process, a traffic study was prepared in conjunction with Henry County Department of Transportation to determine the study area.  From the study area there was certain improvements needed for the area.   One of the improvements is the realignment of Old Jackson Road where it intersects with Peeksville Road.  There will be several intersection improvements; Old Jackson Road @ Leguin Mill Road; Old Jackson Road @ Cowan Road.  There are timetables for these improvements.  There will be a total of five million dollars of road improvements at the expense of the applicant.  The applicant met with members of the Water and Sewerage Authority and presented a plan which will be Phase I of the overall water and sewer plant for the Tussahaw Basin.  It will be comprised of a wastewater treatment facility.  As part of the zoning agreement, the applicant will prepare a pattern book that captures existing architecture of the area. Vinyl will only be used for soffits, windows and accent treatments.  Construction traffic will enter where Leguin Mill and Old Leguin Mill Roads intersect; this was discussed with DOT.  There will be a fifty (50) foot buffer along all existing external residents.  All commercial sites will front along Peeksville Road and will follow the same architectural style.  The area of the subject property has been identified as an activity area on the Future Land Use Map. 

          Commissioner Stamey asked regarding the school site, if title would be conveyed to Henry County.  Mr. Bonnano stated it would be conveyed to the Board of Commissioners and if not used for a school, it will be used for a public facility. 

          Glen Cowart, 3415 Peeksville Road, asked Mr. Bonnano for the lot sizes within the development.  Mr. Bonnano stated all lots are 10,890 square feet or greater.  Except for the lots along the reservoir, they will be an acre and a half.  The minimum house size will be 2,500 square feet up to 3,000 square feet. 

          Mr. Bonnano requested an amendment to condition #13 regarding the amenity area (An amenity package………shall be installed prior to the completion of the first phase of the development.).  In the past, the amenity area has been completed in sequences.  It allows there to be a mass number of people using it when it opens and it is phased to allow for new things and it allows input from the residents of the type of facility they would like to have.  The applicant is in agreement with all the other conditions. 

          Latrelle Brewster commented she is coming from a historical prospective, having roots in the county that go back one hundred and fifty years.  This proposed development will revitalize the area.  Growth is inevitable but creative and concerned developers are rare.  Ms. Brewster stated she visited communities in the Sugarloaf area the River Club that was developed by the applicant, and they were very impressive.

            Commissioner Holder added a condition for the office and commercial land uses.  Condition #5 should be added to read “Hours of operation on the weekdays shall be 5:00 a.m. to 11:00 p.m. and on the weekends 6:00 a.m. to 12:00 a.m.  Condition #8 shall read “Yards to be completely sodded except for existing natural areas or landscaped areas where ground cover material is installed”.  Condition #20 shall read “This Zoning is contingent upon and will become effective at such time a written agreement has been executed between Tussahaw Development and the Henry County Water and Sewerage Authority concerning the waste water treatment facility.  Condition #21 shall be to adopt the development agreement as presented.

          Mr. Bonnano asked if the staff recommended conditions could be placed within the development agreement so that one document will be maintained. 

          Mr. Jaugstetter stated this can be done.

          Commissioner Holder asked for clarification regarding the amenity area.

          Mr. Bonnano stated the amenity area could be bonded.  The request is to remove the first phase time frame for completion of the amenity area.

          Commissioner Holder stated the best way would be to bond the amenity area to ensure the residents it will be completed.  Commissioner Holder asked staff when the bond would expire.

          Staff stated the bond could be requested at the final plat stage.

          Chairman Harper asked how you would determine the amount of the bond.  He asked the applicant if he would prefer to link the completion of the amenity area to a phase of development.

          Mr. Bonnano stated there are five phase and requested the amenity area to be completed by the third phase.

          Commissioner Holder amended staff condition #12 to read “An amenity package, which shall include a clubhouse, a junior Olympic size swimming pool, tennis courts, a playground, and a trail system, shall be provided to the residents of the development.  The amenity package, except for the trail system, shall be installed prior to the completion of the third phase of the development.”

          Mr. Bonnano stated he agreed with all the amendments.

          Commissioner Holder made the motion to approve the request with the amendments to the conditions; Commissioner Holman.  The motion carried unanimously approving the following resolution:

WHEREAS, Tussahaw Development, LLC of Suwanee, Georgia (RZ-06-04) applied to rezone the subject property from RA (Residential-Agricultural) to PD (Planned Development) for the development of a Mixed Use Planned Development.  The property is located on the south side of Leguin Mill Road and New Hope Road, on the north, south and west side of Peeksville Road (Parcel ID Number 170-01-002-002) 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; 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 rezoning request from RA (Residential-Agricultural) to PD (Planned Development) on September 28, 2006.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners approves the above rezoning request subject to all the terms and conditions of the Development Agreement attached hereto as Exhibit “A”.(Exhibit A will be filed in the County Clerk’s Office)

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

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

          Staff stated the applicant is proposing an office building on the subject property.  The size of the building is not known but a site plan was submitted.  The subject property is a part of the platted Windhaven Subdivision which is currently zoned R-1 (Single Family Residential).  The Future Land Use Map designates the property for low density land uses at up to 2.5 dwelling units per acre.  The request was denied by the Zoning Advisory Board but the OI (Office/Institutional) does meet the Henry County Zoning Ordinance for OI.

          Commissioner Holman asked staff if the number of offices and the number of parking spaces was given by the applicant.

          Staff stated this information was not indicated. 

          Bruce McFarland, representing the applicant, stated this request has been presented to the Board previously and the request remains the same.  There is an objection to one of the proposed conditions limiting the building to one story.  Currently there are only four (4) homes that can view the subject property.  Three (3) of the homes are two (2) story homes.  The fourth home is a ranch on a basement.  He stated he could not agree with this condition (staff condition # 11).  He stated he was not in agreement with condition #10 regarding the hours of operation. 

          Commissioner Mathis asked Mr. McFarland if he knew how long the applicant had owned the property. 

          Mr. McFarland stated he wasn’t sure but would guess approximately five (5) years.

          Commissioner Mathis asked Mr. McFarland if he knew if this subject property had made an application for rezoning prior to the applicant purchasing the property.

          Mr. McFarland state he did not know.

          Commissioner Mathis stated the applicant was probably aware that the subject property had been denied for a rezoning prior to purchase.

          Mr. McFarland stated there have been other properties that were denied zoning in the 80’s and 90’s and later approved.

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

          John Heintz, 75 Windhaven Court, stated he is opposed to the rezoning.  Mr. Heintz stated he had researched the property.  The subject property had been sold to Mr. Knowles as residential and sold by Mr. Knowles to Mr. Kelley for $54,000 as residential.  Mr. Kelley sold the property to the Dickerson’s for $125,000.  This was significant because it began a sequence of events.  As indicated by the Tax Assessors Office the zoning classification was changed to transitional.  The land value was changed because of the amount of the sale.  The landowner was denied a rezoning in 2003 and filed an appeal.  The applicant dismissed the appeal. The applicant has filed for the current rezoning and there have been no changes to the 2002 site plan.  Mr. Heintz presented photographs of the area and further discussed his concerns with the zoning.  His greatest concern is he does not know what the facility would look like or who would occupy the facility. 

          Colin Bitterfield, 85 Windhaven Court stated if this property is rezoned it would encourage other commercial zonings.  Mr. Benefield made a powerpoint presentation to the Board members of his concerns for the rezoning. 

          Cole Nobros, 135 Windhaven Court, stated the only reason to change the zoning would be to line the pockets of the property owner and decrease the Windhaven residents property values. 

          There was discussion regarding the proposed conditions and uses for occupancy of the facility. 

          Staff stated they are not in support of the request.

          Mr. McFarland stated there have been changes in the area since 1991, 1992 when the Windhaven Subdivision was developed.  Zoning moves forward progressively.  The request has been reduced from commercial to office/institutional.  It’s not unusual for a developer to leave and out parcel to a subdivision for other development.  Mr. McFarland addressed some of the concerns of the opposition. 

          Commissioner Holder asked the applicant if he indicated he would not agree to a one (1) story building.

          Mr. McFarland stated he would like to occupy two (2) floors.  It would be wrong to require the applicant to a one (1) story building when there are two (2) stories in the area. 

          Commissioner Holder asked for the square footage for the proposed building. 

          Mr. McFarland stated he didn’t know, that will be decided on the size of the lot and the marketability of the location.

          Chairman Harper asked if the number of parking spaces depended upon the square footage of the building

          Staff stated according to General Office uses there should be one parking space for every three hundred (300) square feet. 

          Commissioner Holder stated this is the concern of the residents.  How big will the building be and how many cars will be allowed at the facility.  The unknown is the problem and has people frighten. 

          Staff stated with sixty six (66) parking spaces the building could be 20,000 square feet.  This is based on the figures given by the applicant.

          There was discussion regarding the size of the building, number of parking spaces and the buffers.

          Commissioner Holder stated he has been involved in hearing the zonings for this property for the last four years.  He supported the request in the past, but with what has been presented at this meeting he could not support the request.  He recommended this request be tabled and brought back to the Board with specifics regarding the size of the facility and the number of parking spaces. 

          Mr. McFarland stated he would not be in favor of tabling the request.  He would agree if the Board would like to limit the size of the building and the number of parking spaces.

          Commissioner Holman discussed the proposed conditions and amendments and the permitted uses for the facility with the applicant.

          Commissioner Stamey asked what commission district the subject property is located within.

          Staff stated District 2.  Commissioner Stamey asked would it be fair to ask the Commissioner for District 2 if she agrees with the conditions.

          Commissioner Mathis stated she did not agree with the conditions.  The intent of the property owner from the beginning was that the property be residential.  Had it not been the intention, those lots would not have been platted within the subdivision. The Windhaven residents bought their homes with the assumption that they were buying in a residential subdivision and were not anticipating this property would be developed as OI or any other use other than residential.  The current owner purchased property that had previously been denied a C-2 rezoning and knew the history of the property.  The Tax Assessor is not the authority that determines what use a property will or will not have.  The property owner that had an assessed bill at a commercial rate should have objected.  It is the job of the Commissioners to protect the public safety of the citizens, not assure a profit for someone speculating on a land deal.        

          Commissioner Mathis made the motion to deny the request; Commissioner Stamey seconded.  The motion carried 4-1-0 with Commissioner Holman opposed.

WHEREAS, Adair & Charles Dickerson (RZ-06-36) applied to rezone the subject property from RA (Residential-Agricultural) to OI (Office/Institutional) for the development of an office building.  The property is located on the northern side of Jodeco Road, west of Windhaven Drive (Parcel ID Number 032C-02-048-000) in Land Lot 43 of the 6th District, consisting of 1.985+/- 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 rezoning request from RA (Residential-Agricultural) to OI (Office/Institutional) on August 10, 2006.

NOW, THEREFORE, BE IT RESOLVED THAT the Henry County Board of Commissioners denies the above rezoning request.

APPROVAL OF THE MINUTES

          Commissioner Mathis made the motion to approve the minutes of the December 4th and 5th BOC Meetings; Commissioner Holman seconded.  The motion carried unanimously.

          Commissioner Stamey made the motion to amend the agenda to add a request to approve a resolution approving the acceptance of State Aid Funds for the North Ola Road Project; Commissioner Holman seconded.  The motion carried unanimously.

          Staff stated the State Department of Transportation has agreed to contribute funds to the intersection improvements and turn land construction on SR 81 at North Ola Road; the widening of North Ola Road; and the intersection improvements at Snapping Shoals Road, North Ola Road and Wilson Drive.

          Commissioner Stamey made the motion to approve the acceptance of the State Aid Funds; Commissioner Adams seconded.  The motion carried unanimously approving the following resolution:

WHEREAS, the Board awarded the bid for the North Ola Road Project on June 20, 2006; and

WHEREAS, the Georgia Department of Transportation has agreed to contribute funds in the amount of  $412, 849.24 to the intersection improvements and turn lane construction on SR 81 at North Ola Road; the widening of North Ola Road; and the intersection improvements at Snapping Shoals Road, North Ola Road and Wilson Drive;

          NOW, THEREFORE, BE IT RESOLVED the Board of Commissioners agrees to accept the State Aid Funds in the amount of $412,849.24 for the North Ola Road Project and authorizes the Chairman to sign all necessary documents.

 

COUNTY MANAGER COMMENTS

          There were no comments

COUNTY ATTORNEY COMMENTS

          There were no comments

PUBLIC COMMENTS

          David Denton, 1925 Fisher Drive, spoke regarding a rezoning on July 18th on East Atlanta Road.  The property was rezoned from C-2 to C-3 to allow for heavy commercial.  This request was to allow for an automotive repair place.  There were 15 conditions placed on the property and the occupants of the building have done little to comply with the conditions.  Code Enforcement informed Mr. Denton that there were no time limits for compliance and there was nothing they could do.  The occupant has received a letter requesting compliance.  The status is not known.  Maybe time limits should be placed on the conditions for compliance.  There are no accel/decel lanes as required.  When will the occupant have to be in compliance? 

          Staff stated a letter has been sent to the occupant requesting compliance.  He replied that he would like to pursue a modification but has not submitted an application.

 

UPCOMING MEETINGS

Monday, January 1, 2007, Holiday-No Meeting,

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

Monday, January 15, 2007, Holiday – No Meeting,

Tuesday, January 16, 2007, 6:30 p.m.

Monday, February 5, 2007

Tuesday, February 6, 2007 at 9:00 a.m.  

EXECUTIVE SESSION

          No executive session was held.

ADJOURNMENT

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