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Wednesday, October 12, 2016 – 9:00 a.m.
Courthouse Annex, 79 Jackson Street, Zebulon, Georgia
Commissioners Tim Guy, Tommy Powers, and James Jenkins are present along with County Clerk Jo Ann Wrye, County Attorneys Rob and Tom Morton, and County Manager (CM) John Hanson. Commissioner Tim Guy led the meeting. This meeting is standing room only with people lining the walls as well as filling every seat.
No comments will be heard today from the commissioners because of the lack of a full Board. The approval or denial of each item will be determined on October 18 in a Special Called Meeting. Click here to read from the October 18, 2016 meeting.
1. CALL TO ORDER .......................................................................................... Commissioner Tim Guy
2. INVOCATION…………………………………………………………………………..Frank Winfrey
3. PLEDGE OF ALLEGIANCE ......................................................................... Commissioner Tim Guy
4. APPROVAL OF THE AGENDA - (O.C.G A. § 50-14-1 (e) (1))
5. APPROVAL OF THE MINUTES - (O.C.G.A. § 50-14-1(e) (2))
6. INVITED GUESTS - None
7. REPORTS FROM COMMISSIONS, DEPARTMENTS, COMMITTEES, AUTHORITIES
a. Monthly Reports submitted from County Departments and County Authorities, including a Revenue/Expenditure Statement for all departments and a summary check register. These reports will be presented at the Special Called Meeting on October 18, 2016.
b. County Manager Report - None
c. County Manager Comment - None
d. Commissioner Reports - None
e. County Attorney Report to Commissioners - None
8. UNFINISHED BUSINESS - None
9. NEW BUSINESS
a. PUBLIC HEARING: To receive public input regarding SUB16-03 - Per County Code Section 155.02 (BB)(3), Richard Watkins, property owner, and Matthew and Taylor Atkinson, applicants, are requesting preliminary plat approval for a 3-acre lot off a 41.36 acre parent tract on Ga. Hwy. 109 West. The parent tract is zoned A-R (Agricultural-Residential), with approximately 1120 feet of frontage along the northern side of Ga. Hwy. 109 West. The property is located in Land Lot 6 of the 9th Land District of Pike County, Georgia. Parent tract is further identified as Tax Map Parcel Number 071 003A.
Planning and Zoning Director David Allen advised commissioners that this went before the Planning Commission on September 8, 2016 and was recommended for approval. Only one lot is being divided off but has to be treated like a major subdivision because the division is being done less than three years after the last division of property.
IN FAVOR:
Richard Watkins is the owner of the property. He is asking to allow his grandchildren to build on the property and be close to their jobs here in Pike County. He asked them to consider that this is family property and they want to keep family close. He asked them for permission to divide this property.
No one spoke in opposition.
No comments will be heard today from the commissioners because of the lack of a full Board. This will be determined on September 18 in a Special Called Meeting.
b. PUBLIC HEARING: To receive public input regarding REZ-16-07 – First Bank of Pike, property owner, and Jason Brisendine of First Bank of Pike, applicant, are requesting a re-zoning of the subject property from A-R (Agricultural-Residential) to R-11 (Single Family Residential) in order to divide the subject property into two 2-acre lots. The subject property, located on Roberts Quarters Road, has approximately 496 feet of frontage along the northern side of Robert Quarters Road. The property is located in Land Lot 117 of the 9th District of Pike County, Georgia. The subject property currently consists of 4.23 total acres and is further identified as Tax Map Parcel #043 051B.
This was also discussed on September 8, 2016 and also recommended for approval. Currently zoned AR and there is a 3 acre minimum so it needs to be rezoned. Going with R11 zoning which has a 2 acre minimum.
IN FAVOR:
Jason Brisendine spoke on behalf of the bank and advised that they want to split the parcels so that two houses can be built there.
No one spoke in opposition.
c. PUBLIC HEARING: To receive public input regarding Acceptance of Environmental Report for ERC-16-01 - Sammie C. Story, property owner, and Supreme Corporation applicant, are requesting a re-zoning of the subject property from A-R (Agricultural-Residential) to M-2B (Manufacturing - Heavy) in order to expand an existing industrial business (Supreme Corp.). The subject property, located off of Liberty Road, has approximately 690 feet of frontage along the western side of Liberty Road and approximately 122 feet of potential access off of the eastern side of Shackelford Road. The property is located in Land Lot 234 of the 2nd District of Pike County, Georgia. The subject property currently consists of 38.87 total acres and is further identified as Tax Map Parcel #087 030A.
There was a October 4 Environmental Review meeting on this rezoning application. Here are a list of conditions that are copied from the Post Agenda.
1. Appropriate buffers around any verified streams and wetlands and the perimeter of the property.
2. Extending the specified buffer width around the church property.
3. Find any further documentation of graves off of the church property – historical society information, plats, deeds, maps and/or possible archaeological study.
4. Maintain safeguards for water quality.
Commissioners will need to accept the Environmental Review. Motion to combine this and the next hearing together because they are about the same property. Approved 3-0.
d. PUBLIC HEARING: To receive public input regarding REZ-16-06 – Sammie C. Story, property owner, and Supreme Corporation applicant, are requesting a re-zoning of the subject property from A-R (Agricultural-Residential) to M-2B (Manufacturing - Heavy) in order to expand an existing industrial business (Supreme Corp.). The subject property, located off of Liberty Road, has approximately 690 feet of frontage along the western side of Liberty Road and approximately 122 feet of potential access off of the eastern side of Shackelford Road. The property is located in Land Lot 234 of the 2nd District of Pike County, Georgia. The subject property currently consists of 38.87 total acres and is further identified as Tax Map Parcel #087 030A.
Rob Morton said that there this is normally 20 minutes for each side but said that it is an option to extend this if needed. Commissioners Jenkins and Powers said that they want to keep this like it is. This will be decided at the meeting on the 18th.
These conditions are copied from the BOC Post Agenda.
Staff Recommendation: Approval, with the following conditions:
1. Access for Supreme Corporation to the subject property via Liberty Road shall be prohibited.
2. Access for Supreme Corporation to Shackelford Road via the subject property shall be prohibited.
3. There shall be a 100 foot wide undisturbed buffer along the eastern, western, and southern property lines, and along the shared boundary with Pine Grove Church at the northeast corner of the subject property. This buffer shall also extend around the entire shore of the pond and the banks of the stream on the property.
4. Locations of any wetlands on the subject property will need to be verified, and there shall be a minimum 25 foot undisturbed buffer along the edges of the wetlands.
5. Land disturbance over one acre in size shall require a full submittal to the Towaliga Soil and Water Conservation District for their review and approval. The locations of wetlands and bodies of water shall be shown on these plans.
6. Per Section 156.261, an Environmental Review Board meeting shall be convened on this case prior to final approval.
7. If the rezoning is approved, any future development beyond the scope of this rezoning proposal shall require another Environmental Review Board meeting.
Planning Commission Recommendation on September 9, 2016: Approval, with the following conditions:
1. Access for Supreme Corporation to the subject property via Liberty Road shall be prohibited.
2. Access for Supreme Corporation to Shackelford Road via the subject property shall be prohibited.
3. There shall be a 100 foot wide natural buffer along the western and southern property lines, and along the shared boundary with Pine Grove Church at the northeast corner of the subject property. This buffer shall also extend around the entire shore of the pond and the banks of the stream on the property. There shall be a 25 foot wide natural buffer along the entire property frontage adjacent to Liberty Road up to the 100 foot Pine Grove Church buffer.
4. Locations of any wetlands on the subject property will need to be verified, and there shall be a minimum 25 foot undisturbed buffer along the edges of the wetlands.
5. Land disturbance over one acre in size shall require a full submittal to the Towaliga Soil and Water Conservation District for their review and approval. The locations of wetlands and bodies of water shall be shown on these plans.
6. Per Section 156.261, an Environmental Review Board meeting shall be convened on this case prior to final approval.
7. If the rezoning is approved, any future development beyond the scope of this rezoning proposal shall require another Planning Commission meeting and Environmental Review Board meeting.
8. By the time of the Board of Commissioners’ meeting, Pine Grove Church shall provide documentation of any gravesites on the subject property.
There is a 20 minute limit on each side.
IN FAVOR:
Jason Mailloux, Manager of Supreme, spoke first. He said that this is the third time that Supreme has gone through this process. They anticipate grading an acre of this property to park chassis. This reduces the traffic going across Hwy 341. There was a fatality about 10 years ago and they want to avoid this. He said that one of the primary concerns is the potential existence of graves around Pine Grove Church. It is Supreme’s intention to donate the land in question to the church to ensure these gravesites and continue to be a good neighbor to the Pine Grove Baptist Church. He had those in favor stand to show their support. Most of the room was filled with Pike employees from Supreme Corporation.
OPPOSED
Roswell Story spoke. Constitutional challenge to this zoning because it does not abide by the zoning plan. This will affect environmental and possibly water. Said that they have already had spills on their sites and that this could hurt the groundwater. Security lighting is a concern as well. He said that they feel like there are people buried out there. He said that a 100 foot buffer will not protect those around there and a fence won’t do if they tear down the natural buffer to build a fence. He asked for 150 foot natural buffer. He said that they could come on his property that is already cleared to build their fence if this is approved rather than tearing down the natural buffer but they hope that the property is not approved.
John Adams lives on Liberty Road. He has spent a lot of money investing in a decent place to live and asked commissioner to look at how this would affect them. His grandkids playing in the backyard will see trucks. He said that a 25 foot buffer wouldn’t do anything especially when the trees lose their leaves. He has sons and daughters who want to build in this neighborhood and wants at least 100 foot buffer around his property as well as the church and the gravesites. We’ve got to live here. The employees get to go to work and then go home.
Ashley Thomas then spoke and said that he saw a stacked deck. He asked how many people were on the clock. Many said no. At this point, Mr. Thomas was directed to speak to the commissioners and not to the crowd. He gave commissioners pictures of the neighborhood and trucks parked next to gravesites. He said that he is the 6th generation raised on this property and that property owners should not be denied to right to enjoy their property and expressed concern for graves outside of the cemetery. He also voiced concerns about noise, dust, light and possible water contamination fears as well as depreciation of property values. He said that no one wants to live next to industry. He asked commissioners to stand up for we the people and vote no to this rezoning.
Arthur Moss said that he isn’t trying to disrespect employees but pointed out they were not at the past two meetings. He also said that assurances are that this will only be a parking lot and if any decisions will be made later on for other development, but an assurance today can change tomorrow. He warned that this will turn into other intrusions later on. He pointed out that they could change personnel any time they want to as a corporation and they could change their plans. He said that we need good buffers, but this could be approved as a lesser zoning change or a variance for parking so they could do a parking lot and then if they have plans in the future, they would need to come back before the Board to get anything future plans approved. Said that the Planning Commission and Environmental Board would feel like their hands are tied. They could say in the future that they have Manufacturing Zoning and thumb their noses at the Board.
Mr. Story spoke again since there was still time and wanted to use the time. He said that it wouldn’t be right if they changed this from a parking lot to something else. He said that this Commission Board has authority and said don’t let them take it out of your hands. [Note from the Editor: A letter entitled as a Constitutional Challenge to this rezoning was presented to the Commissioners by Roswell Story on the behalf of the Story, Adams, and Thomas Families as well as Pine Grove Baptist Church. The main points are as follows: this rezoning does not conform to the land use plan nor does it provide "step down" zoning to adjacent properties, changing an agricultural and residential zoning to heavy manufacturing will "severely impact the quality of life for the adjacent property owners," and the zoning will infringe on a historical church and gravesites as well as reducing property values. The environmental impact of stormwater, groundwater on well, sewage, creeks, dust and noise were noted as well as pointing out that the water from this site flows downhill to ponds and creeks and spills could endanger well water. Security lighting at this site could be a problem for homeowners at night as well.] Mr. Story also presented a map of the area to commissioners that can be accessed by clicking here.
e. PUBLIC HEARING: To receive public input regarding SUP-16-01 – 555 Trust, property owner, and Juanita Morgan, beneficiary for 555 Trust, applicant, are requesting a special use permit in an M- 2B zoned district to erect a tent for a short duration religious revival on the subject property. The subject property, located at 2141 U.S. Hwy. 41, has approximately 206 feet of frontage along the western side of U.S. Hwy. 41. The property is located in Land Lot 154 of the 2nd District of Pike County, Georgia. The property consists of 3.31 acres and is further identified as Tax Map Parcel #086 070.
The Board of Appeals met on September 15th for a special use permit on this property. The Board and Staff recommended for approval with conditions. These conditions are copied from the Post Agenda.
1. There shall be no parking on the Highway 41 shoulder, within the Highway 41 right-of-way, or on adjacent properties.
2. The revival shall not exceed the operating times and overall duration specified in the letter of explanation, regardless of weather.
3. Porta-johns shall obtain any necessary Health Department approvals.
It was specified that this is a temporary tent and not a permanent structure.
No one spoke on this.
The public hearings portion of the meeting was then closed.
10. PUBLIC COMMENT- (Limited to 5 minutes per person) None
11. EXECUTIVE SESSION - None
12. ADJOURNMENT
Motion to adjourn. 9:45 a.m.
Agenda subject to revision.
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