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Meeting Summary

 

BOC Regular Meeting

Tuesday, July 5, 2005 7 pm

The meeting lasted 4 hours. Rezones totaled 10 and CUPs totaled 4. In addition, 5 consent items were approved and 6 personnel (appointments to various Committees and subcommittees) matters taken up in which 10 citizens were appointed to serve. The following is a concise report since a detailed report would be voluminous and probably less interesting.


1. Rezone Request for 263.7 acres and 112.4 acres on Barber Creek Road. Rezone from A-1, A-1 CUP and AR-1 to R-3 MPD. The plea for rezone and CUP for the Barber Creek Land Co., LLP’s development called The Georgia Club (about 1100 acres between Barber Creek Road and GA 316 that extends into both Oconee and Barrow Counties) took more than an hour with much discussion.

The Planning Commission had postponed its recommendation back in April because of the designated Transitional Agriculture (TA) zoning (one dwelling per 2 acres) and other concerns of the area in Oconee County. Since the new tightly restricted MPD ordinance was not in effect when this rezone application was submitted to the Planning Staff, they decided at their last meeting to recommend approval to the BOC with 14 conditions. The final plan will house a single-family home on slightly less than one acre (1.357 units/acre or a single home on about 0.803 acres) in the Oconee South section. The Condominiums located near the intersection of Hwy 53 and Barber Creek Road in Oconee will be higher density and constitutes the business portion of the MPD. See Large Map See CloseUp

It is a diverse community of neighborhoods: Wexford Gardens, High Bluff, The Village and others. The community golf course has been completed and was opened on Labor Day Weekend. The development boasts of 7 separate Green Spaces, with active amenities interspersed throughout. It was called a Destination Resort Village

After the impressive presentation (via video with Georgia On My Mind playing in the background), Ken Beall, Land Planner for the company made his argument that the development plan had met all the requirements under the old MPD ordinance. He explained the details of each segment of the development.
Several attendees spoke against the rezone: Russ Page, Oconee farmer, Mary Mellein and Kate McDaniel.

Page was concerned about the illegal intrusion on farmland. Other concerns: chicken houses exists on both sides of Barber Creek Road; no buffers between the chicken houses and the development; the Land Use Plan is not being followed even as a guide; the condominiums are spaced on the edge of the development rather than in the center as has been recommended; the narrow road that will take most of the additional traffic will have to be modified (widened, turn lanes) at the county’s expense, etc.

Mary Mellein advocated for an impact fee to be imposed by the county on developers which would pay for all the additional costs (including cost to local schools for the additional student enrollment) to the county and prevent the need to raise taxes.

Kate McDaniel was concerned about setting a precedent for all Transitional Agriculture land in the rest of the county as well as the unlikely flow of tax dollars from such a subdivision. Folks who live here in ½ to 1 million dollar homes in a gated community will most likely go to Atlanta to shop or maybe New York City.

Ken Beall responded to some of the complaints: The developers will pay for any road improvements that have to be made in the future; he Future Land Use Map is not a legal document – only a guide; the chicken houses are not active; impact fees are not needed because the developer is willing to bear the cost of what a fee would do anyway; schools will not be impacted because children of these families will most likely attend private schools; the residents in this development will shop at the nearest business section which is in Oconee and thereby increase county revenues.

Note: It is doubtful that anyone can make a general prediction where these families will send their children or where they will shop, but the developers have Mr Beall’s confidence that they will fulfill his prediction.

Several attendees spoke in favor: Larry Benson was delighted to see such an upscale development and looked forward to playing a few rounds on the golf course.

Rick Waller, President of the Chamber assured the BOC that the Chamber approved.

Commissioner Luke: The entire development will have roads and if the subdivision is gated, then roads must be maintained by the residents. He was concerned about emergency vehicles and how they are to get to a location inside.
Beall assured Luke that a key would be left at the gate post for such occurrences.

Commissioner Luke: As for the chicken houses – the large cluster of chicken houses on the right of the road are active, but the ones on the left nearest the development are not.

Director Matt Forshee: owners of the chicken business have the right to re-activate their business within the year of inactivity under the same ordinance.

Note: The farm community organizations have a requirement of developers when building in the midst of farmland: They must tell the prospective home buyers that they are moving into a subdivision that is adjacent to a farm. If they move in with this knowledge, they have no right to complain of the side effects (odor, noise, dust, truck traffic, etc.) of farming activity later.

Commissioner Hale made the motion to approve (Commissioner Luke made the second) and the vote was unanimous.

2. Rezone modifications on 68 acres on Monroe Highway. Bomac Investments, LLC asked for a rezone approval for 68 acres on Monroe Highway from R-2 MPD to R-2 MPD with modifications. The developer requests a change in architectural construction materials to include brick, stone, and concrete siding. Living space will be 1800 to 2000 sq ft in 3-story complexes.

Chairman Davis: Would look better for the first story to be brick.
No one spoke for or against the rezone request.

Commissioner Hale made the motion to approve and Commissioner Norris made the second. Vote was unanimous.

3. Conditional Use Permit for 60 acres. Ray Middlebrooks requested to divide the 60 acres into 2 lots. It is bordered on one side by Middlebrooks Road and on the other by the Greene County line in South Oconee County. A pasture is located in the center of area. He wishes to make one plat 24 acres and the other 36 acres. No one spoke against the request.

Commissioner Horton made the motion to approve and Commissioner Norris made the second. The vote was unanimous.

4. Conditional Use Permit for 1.53 acres. P & A Ventures requested a CUP to build an amenity area on the plat on Price Mill Road. No one spoke for or against the request.

Commissioner Norris made the motion to approve and Commissioner Horton made the second. The vote was unanimous.

5. Rezone Request for 1.09 acres. William A Meeler and H D & Rosa Crowe requested a rezone from A-1 to B-1 to build an office or light retail business on Lenru Road. A 20-ft buffer will be built instead of a 10-ft buffer. No one spoke for or against the request.

Commissioner Horton made the motion to approve and Commissioner Luke made the second. The vote was unanimous.

6. Rezone Request for 6 acres. Ms Howell, the owner wants to divide the property to sell off 1.9 acres for a residence. She requests a rezone from A-1 to AR-1. The property is located in the corner where Hwy 53 and Barber Creek Road intersect.

Russ Page again reminded the Commissioners that this is in a Transitional Agriculture zone and the zoning should be one residence per 2 acres.

Commissioner Luke made the motion to approve and Commissioner Hale made the second. The vote was unanimous.

7. Rezone Request & Conditional Use Permit for 9.05 acres for Nations Church. The applicants requested a rezone from B-2 and R-1 to OIP. A residence is located on one end of the 9 acres and the present parking lot is on the other end of the lot. The property faces Macon Highway near the Oconee/Clarke county line. The number of attendees is about 400 each Sunday. Pastor Mel Holmes explained that the congregation has been meeting in a less than desirable building (the former home of the Gymnastics Training Program operated by the Bishops in the ‘80s) and that they wish to build a large sanctuary adjacent to the present building. They also wish to build a larger parking lot on the opposite side of the existing parking lot – parking lots on both sides of the sanctuary.

Patrick Craig spoke against the church lightening. He was not against building a new sanctuary. He also requested that the dumpsters be hidden with a 6-ft high fence.

Commissioner Hale made the motion to approve with an additional condition (that the type of lighting be soft light. Commissioner Horton made the second. The vote was unanimous.

8. Rezone Request of 2.05 acres on Atlanta Highway. Wesley Irwin and Jojo John request a rezone from A-1 to B-2 to erect 2 buildings for retail business. The property is located in the intersection of Hwy 78 (Atlanta Hwy) and Watson Spring Road. No one spoke for or against the request.

Commissioner Norris made the motion to approve and Commissioner Hale made the second. The vote was unanimous.

9. Conditional Use Permit for 19.59 acres. William E Craig request that the acreage be divided into 3 lots (about 6 acres each). It is a triangle shape bordered on one side by Old Watson Spring Road and on the other by Black Ike Road. Mr. Craig owns about 120 acres adjacent to the 3rd side of the triangle. Because the property is surrounded by 2 dirt roads, the Planning Commission recommended not to approve.

Commissioner Hale made motion to approve with an additional condition of only 2 lots with a minimum of 9 acres for both lots. Commissioner Horton made the second. Vote was unanimous.

10. Rezone Request for 11.78 acres. Bomac Investments, LLC requested a rezone from A-1 to B-2 for 11.78 acres located on Virgil Langford Road and GA 316. The property is located near the Meadows subdivision. The Planning Commission recommended approval with 12 conditions. There will be 5 lots for the following: fast food, retail, office, restaurant and a 75-room hotel. The hotel is Wingate, the business that pulled plans to build across from Wal-Mart. On that location, there was not enough land to build a pool. In this location, space is available for an outside pool. Wingate will be built on 2 acres instead of 1. No one spoke for or against the request.

Commissioner Hale made the motion and Commissioner Horton made the second. The vote was unanimous.

11. Personnel Matters
-- Clean & Beautiful Commission:
Penny Mills and Karen Tinsley were appointed for a 3-year term.
-- Cultural/Tourism Subcommittee:
A L Cuming and Daniel Matthews were appointed for a 2-year term.
-- Recreation Subcommittee:
Cindy Wilcocks was appointed for 2-year term.
-- Land Use and Transportation Committee:
Matthew Fletcher and Mary Mellein were appointed for 2-year term.
-- Planning Commission:
Mike Floyd and Dan Arnold were appointed for a 4-year term.
-- Construction Manager for the Jail/911-EOC Project:
Peter R Brown Construction was chosen.
-- Georgia Joint Bioscience Development Authority:
Charles Grimes was appointed to serve indefinitely.

12. Consent Items.
-- Road Patching and Resurfacing. Low bid for $425,400.50 by E R Snell Contractor, Inc was approved on recommendation of Dan Wilson, County Engineer.
-- Crack Sealing. Low bid of $71,268.50 by Advanced Asphalt Coating on recommendation of Dan Wilson.
-- Pest Control Contract. Low bid of $4,500.00 by Houseman Pest Control recommended by Dan Wilson.
-- Road Striping. Low bid by Mid State Striping, Inc for $18,710.78 was approved.
-- Building Lease. The building at 54 Nancy Drive across from the Chamber Office and owned by the Chamber was leased by the County for the new office of the Welcome Center and Tourism Office. This will leave the Eagle Tavern to be used only for scheduled tours to accommodate the preservation of the historic building and the items and furniture inside.
-- Indigent Defense Services Agreement. A total of $112,853.00 was
approved for Oconee County’s share of the indigent defense fund to the Western Judicial Circuit Public Defender Office. Also approved was $5,000 to supplement the salary of the Public Defender.

13. Statements & Remarks by Citizens.Glenn Townsend made an appeal to the BOC for tax relief. He owns a small strip of land (left over from the GA DOT taking right of way for the re-design of U S 441) that is un-usable for anything but maybe 2 large billboards. He argued that the taxes had gone up so high on the remainder of his property on the other side of U S 441 ($50,000.00 for about 100 acres) that the rental of 2 bill boards could bring in enough cash to offset some of the tax bill. He made a convincing plea.

Chairman Davis remarked that the Board would certainly look into the possibility. However, billboards might not be the solution because the county was successfully sued in the past about road signage. The Board will have to study the request and get back to Mr. Townsend.

No other comments were made probably because they didn’t have the energy or enthusiasm to go to the podium. Meeting adjourned at 11:10 pm.