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Monday, August 24, 2020 – 5:00 p.m.
Courthouse, Main Courtroom, 16001 Barnesville Street, Zebulon, Georgia
www.pikecoga.com/novusagenda has an online agenda and accompanying information for this meeting. Click on the agenda for the August 25 Commission to read the minutes from the Board of Appeals meeting on this topic.
[Note from the Editor: I have added the post agenda from the County Commission at the bottom of the page.]
1. CALL TO ORDER ................................................................................ Chairman Briar Johnson
2. INVOCATION…………………………………………………………………..Silent Invocation
3. PLEDGE OF ALLEGIANCE ............................................................... Chairman Briar Johnson
4. APPROVAL OF THE AGENDA - (O.C.G A. 50-14-1 (e) (1))
5. DISCUSSION OF AN APPLICATION SUBMITTED REQUESTING PERMISSION TO CREATE A PRIVATE CONDO COMMUNITY FOR INDEPENDENT SENIOR LIVING RESTRICTED TO AGE 55 AND UP. PROPERTY LOCATION IS AT 15177 ZEBULON ROAD, GRIFFIN, GA.
This meeting was attended by all of the commissioners, County Clerk Angela Blount, County Manager Brandon Rogers, and County Attorney Rob Morton. There were about 10 people in the audience. It was a fact-finding meeting only, and no decisions were made in the meeting.
[Note from the Editor: I was a few minutes late to the meeting due to a wreck just north of the square on Hwy 19. Yes, I am working on getting that information. Before we get started, here are some requirements from Section 156.49 of our code for A-R (Agricultural Residential) Districts: minimum lot acreage for one dwelling of at least 1,500 square feet is 3 acres though those with less than 3 acres have been grandfathered in. DR-6 Duplex Residential was repealed (as in completely removed as an allowable use) from our ordinances 2009. Click here to review Chapter 156 - Zoning Code for Pike County. You can review Pike County’s entire Code of Ordinance by clicking here.]
Discussion was ongoing when I walked in.
Question about septic. Ben Trotter said that this will likely exceed his expertise because of the amount of water used so it will likely have to go to the EPD to get approved.
15 units. Up to 15 two family units so the total is 30 total units. That is up to 60 people on 8 acres.
Chairman Briar Johnson said that this is one of the best looking duplexes he has ever seen, but it’s still a duplex. 5-7 years down the road, if this goes belly up, what prevents them from turning into rental property? Planning and Zoning Director Brad Vaughan said that they could place a condition on this so the special exception is not transferrable.
Excel and decel lanes would be required.
Are we going to call them duplexes or condos? Planning and Zoning Director Brad Vaughan said that international building code as multi-family use. We don’t really have anything in our ordinance.
So we have 30 units with up to 60 vehicles on 8 acres. This is being presented as senior living, but there aren’t any activities. There are sidewalks and will have space for amenities. Commissioner James Jenkins asked, You’re going to fit all this on 8 acres? He was told that there is quite a bit of extra green space out there. Brad said that the actual use of the property is the issue and it isn’t addressed in our code.
PRD (Planned Residential Development) is a minimum of 20 acres, and they would have to ask for this to be reduced to 8 acres. They are on AR (Agricultural Residential) and asking for a special exception.
County Attorney Rob Morton said that this is for an AR property and they are requesting a special exception to incorporate this. This would be a gated community with a private pay lease of at least a year. The variance application was postponed by the Board of Appeals until the BOC makes a decision on the special exception.
Could this better be a PRD is a question that was asked but this is a special exception. In AR, it requires 1 unit per lot. The motion by the BOA was not a yes or no on this but whether it would be better as a PRD.
Brad said that he would encourage the board to look at conditions like the number of units, etc.
This will not be a county road. There will be a homeowner’s association to take care of it.
It will be gated.
Septic system. Do we have any kind of a prototype for this? McLeRoy has its own septic system with a drain field. Where will the septic system be? Up under the green space. County Water? Yes. The county will make money on the water.
Around 3,900 linear foot of drain field.
Timmy Daniel asked Rob on whether this is the route we need to take. Rob is being careful with this since it is not a public hearing and is just fact-finding. When something is not specifically listed as a specific use, it can be considered. This is a legally viable way to go about it, but there are some issues that have to be addressed like the variance, etc. AR limits one unit per lot. This was not addressed by the Board of Appeals.
There is a question on whether this will be a permitted use and then will need to go before the BOA as a variance and they have the final say on a variance. They passed on the special exception because the BOC has the final say on a special exception. Your consideration is whether you are going to approve this in AR zoning as a senior condo use according to our ordinances. We could say no but have to make a recommendation on rezoning.
If not approved under current zoning for AR and the zoning is not changed, only one dwelling would be allowed under our current ordinances.
Brad said that there is a wedding venue across the road and another for horse events that are special exceptions.
6. ADJOURNMENT: 5:34 p.m.
[Note from the Editor: A decision will be made on this in tonight's regularly scheduled county commission meeting. Click here to review the time and agenda.
Agenda subject to revision.
[Note from the Editor: Please review Section 156.43 to view PERMITTED USES and Section 156.44 to review Development Standards for A-R Districts. Bottom line? Our AR District requires 3 acres for one dwelling with a minimum heated floor area of 1,500 square feet. Accessory uses like garages, etc. are allowable according to our code within certain parameters. Duplexes are not allowed. That provision was removed from our ordinances in 2009. Feel free to do further digging on our code of ordinances to what is and what isn’t in it by clicking on the link provided.]
§156.08 DISTRICTS EXPLAINED
(A) Districts are areas of land within Pike County to which different development requirements and standards are applied. These differences are intended to promote the separation of incompatible uses, encourage sound land use patterns and retain the character of the community. Although this chapter establishes the locations of district boundaries, as indicated on the Official Map, the boundaries may be amended in the future in order to meet changing needs if facts are presented and accepted in support of such an amendment.
(B) This may be done, however, only if the proposed change is in conformance with the current Pike County Land Use Plan. (This does not necessarily mean a one-to-one correspondence.) If conditions have changed to the point that a genuinely needed change in a district boundary is not in conformance with the current Pike County Land Use Plan, then the current Pike County Land Use Plan must first be amended to address the changing needs.
(C) In making the decision to amend the boundary of a district, the points contained in § 156.028 must be considered by the Planning Commission as well as the Board of Commissioners.(Res. Passed 5-88)(Am. Ord. Passed 09-08-10)
A-R Agricultural-Residential
§156.40 PURPOSE
A-R Zoning Districts are intended to establish and preserve quiet areas where the primary activities are those of farming, agriculture, livestock, animal husbandry, timber cultivation and related uses consistent with responsibly maintaining the land resources of the county reserved for these purposes through best management practices, etc. Residences of a low-density nature which are compatible with these activities are also permitted. These districts are free from other uses which are incompatible with a low-density, agricultural-residential neighborhood. (Res. Passed 5-88)(Am. Ord. Passed 12-01-05)(Am. Ord. Passed 09-08-10)
§156.41 DETERMINING IF AN AREA IS SUITABLE FOR INCLUSION WITHIN AN A-R DISTRICT
The factors contained in § 156.28 must be thoroughly considered by the Planning Commission, as well as the Board of Commissioners, when determining in which zoning district an area of land is to be placed. This will assure that rational comprehensive planning principles are the basis upon which the decision is made. Land use decisions which are based on sound planning principles encourage the development and preservation of land use patterns that provide healthful and safe living conditions for the residents of Pike County. (Res. Passed 5-88)
§156.42 BOUNDARIES OF A-R DISTRICTS
The Pike County, Ga. Official Zoning Map shows the boundaries of all A-R Districts within Pike County. (Res. Passed 5-88) (Am. Ord. passed 07-31-18)
§156.45 SUBDIVISIONS IN A-R DISTRICTS
Any Subdivision as meeting definitions as set forth in this chapter that includes three or more parcels must meet the following Development Standards:
(A) Any subdivision of properties containing less than 130,680 square feet {three acres} per parcel will have to be re-zoned to a residential classification {R20, and R18}: Said parcels would then meet development standards of the new classification. However, a parcel of a subdivision lawfully existing at the time of passage of this chapter revision with minimum lot area standards may nevertheless be developed with a use which is permitted within an A-R District.
(B) Any subdivision of properties meeting the requirements of reclassification would be subject to any and all application processes as set forth in Section 156.28-Amendments. This application process would be in addition to and not included in the process of application for the subdivision. (Am. Ord. Passed 02/09/05)(Am. Ord. Passed 09-08-10)(Am. Ord. passed 07-31-2018)
[Note from the Editor: This is under the purview of the Board of Appeals and might be considered after the Commissioners make a decision tonight if that is the route that the property owners choose to go. However, the Board of Appeals would make a decision and then it would go before the Board of Commissioners for a final decision. I have included the entire section because I do not want to be accused of omission or anything else. This is not personal in any way, shape, or form.]
§156.27 SPECIAL EXCEPTIONS
(A) Some zoning districts permit certain uses only upon approval. These are called special exceptions. Consideration is given to whether or not the objectives of this chapter will be hindered in an individual situation.
(1) Special Exceptions are conditional uses as outlined in the corresponding zoning district and are generally considered to be a use that runs with the property.
(2) Special Use Permits are conditional uses as outlined in the corresponding zoning district and are generally considered to be of a temporary, one-time, or limited duration period as determined by the Board of Commissioners.
(B) The developer or owner wishing to request a special exception must have at least 51% ownership of the subject property or be the duly authorized agent of such a person, possessing notarized authorization in writing, under the owner's signature.
(C) Application for a special exception may be made with the administrative officer. The administrative officer will take required information and transmit it to the Board of Appeals for its consideration.
(D) When an application for a special exception is received:
(1) The Board of Appeals will set a date, time and place for a public hearing on the special exception. Notice of the hearing must be published in a newspaper of general circulation within the territorial boundaries of Pike County twice within 15 days prior to the hearing. Such notice shall state the application number, owner's name, property location, including the land lot and district, street frontage, street address, tax map and parcel identification number, the total area of the subject property and the date, time, place and subject of the hearing. At least 15 days prior to a public hearing, notice of the date, time, place and subject of the hearing will be sent to the applicant or petitioner in writing by U.S. mail to his or her last known address and to the owners of all properties located within 1/4 mile of the subject property. Copies of all such letters will be maintained in the applicant file for permanent record.
(2) The administrative official shall post a sign not less than 18 inches by 24 inches in size in a conspicuous location on each public street frontage on the subject property at least 15 days but not more than 45 days prior to the date of the scheduled publichearing. The sign must set forth the fact that it is a public hearing and must show the date, time, and place of the scheduled public hearing.
(E) The Board of Appeals will consider the following points in arriving at a recommendation on the special exception:
(1) It must not be contrary to the purposes of these regulations;
(2) It must not be detrimental to the use or development of adjacent properties or to the general neighborhood and it must not adversely affect the health, safety or welfare of the residents or workers;
(3) It must not constitute a nuisance or hazard because of the number of persons who will attend or use such a facility, vehicular movement, noise or fumes generated or type of physical activity;
(4) It must not adversely affect existing uses and it must be proposed to be placed on a lot of sufficient size to satisfy the space requirements of the use;
(5) It must meet all other requirements of these regulations;
(6) In addition, the Board of Appeals shall also consider whether the applicant for the special exception at the time of submitting the application is in violation of the Zoning Code or any other provision of Code of Pike County, Georgia. If the applicant is determined to be in violation of the Zoning Code or any other provision of the Code of Pike County, Georgia, then the Board of Appeals shall further consider the circumstances related to such violation(s) as part of the criteria for considering the requested special exception.
(F) The Board of Appeals shall review and make recommendation of approval, denial, deferral, withdrawal without prejudice or no recommendation on each application or the Board of Appeals, by majority vote of those present and voting, may table the application for no more than one month if, in the opinion of the Board, there is insufficient information to make a recommendation.
(G) Before approving a special exception pursuant to this section, the Board of Commissioners must conduct a public hearing on the special exception application. Notice of the hearing must be published in a newspaper within the territorial boundaries Pike County twice within 15 days prior to the hearing. The same notification procedures for hearings used by the Board of Appeals for special exceptions shall be used by the Board of Commissioners. The Board of Commissioners in reaching its decision shall consider the points set forth in (E)(1) through (E)(6) of this section. The decision of the Board of Commissioners may or may not concur with the recommendation of the Board of Appeals.
(H) The Board of Appeals and/or Board of Commissioners may impose additional conditions, restrictions and development standards on a special exception as may be necessary to protect the health, safety and welfare of workers and residents.
(I) If any restrictions upon which a special exception was granted are not being complied with or any conditions upon which the granting of a special exception are based are no longer applicable, the permit may be revoked after giving notice to all parties concerned and granting full opportunity for appeal.
(J) In cases of catastrophic loss (acts of God and man-made destruction by others) of a primary residence, the Zoning Administrator has vested powers to immediately issue a building permit for the purpose of rebuilding the destroyed residence. In cases where a temporary home, including a manufactured home, is necessary for living space where property owners are restoring a residence, pursuant to this section, the special exception process for approval of the temporary home shall be postponed for 1 year. Within 30 days of the issuance of a Certificate of Occupancy for the rebuilt primary residence, the temporary home shall be removed. (Res. Passed 5-88; Am. Ord. Passed --)(Am. Ord. Passed 12-12-02)(Am. Ord. Passed 05-29-07)(Am. Ord. Passed 09-12-07)(Am. Ord. Passed 01-27-09)(Am. Ord. Passed 05/13/09)
[Note from the Editor: This is under the purview of the Board of Appeals and might be considered after the Commissioners make a decision tonight if that is the route that the property owners choose to go. However, look at sections C and F below. Section I states that the Board of Appeals is the final authority on variances. An appeal would go to Pike County Superior Court. I have also included the entire section even though some of this doesn’t apply (example includes a variance made by the Director of Planning and Development) because I do not want to be accused of omission or anything else. Once again, this is not personal in any way, shape, or form. It simply is. What is allowed now regardless of what our code of ordinances directs can be allowed later by a lawsuit that says that the county did it before; therefore, there is a precedent to do whatever again. Precedent is by far my biggest concern in this entire discussion.]
§156.26 VARIANCES
(A) A variance is a permit, issued by the Board of Appeals, which allows use of a parcel of land in a way that does not meet certain requirements for the district in which the property is located. A variance may be granted only in an individual case where an extreme hardship would result if all of the requirements of this chapter were applied stringently to a particular piece of property. The hardship must be proven by showing beyond a doubt that reasonable use of the land is not possible if all of the requirements of this chapter are to be met. The hardship cannot be self-created such as:
(1) A lot purchased with knowledge of an existing restriction;
(2) A claim of hardship in terms of prospective sales;
(3) An expressed economic need requiring a variance, when such a need can be met in other ways which would not require a variance.
(B) Relief from the hardship and the variance must not cause substantial detriment to the public good or impair the purposes of this chapter.
(C) When a variance is issued, the spirit of this chapter must be observed and the public safety and welfare secured. A variance may be granted only for permitted uses in the zoning district in which the property in question is located. (For example, a two-family dwelling would not be allowed to be placed in an R-20 District under a variance).
(D) Application for a variance may be made with the Zoning Administrator. The Zoning Administrator will take the required information and transmit it to the Board of Appeals for itsconsideration.
(E) When an application for a variance is received:
(1) The Board of Appeals will set a date, time and place for a public hearing on the variance. Notice of the hearing must be published in a newspaper of general circulation within the territorial boundaries of Pike County twice within 15 days prior to the hearing. Such notice shall state the application number, owner's name, property location, including the land lot and district, street frontage, street address, tax map and parcel identification number, the total area of the subject property and the date, time, place and subject of the hearing. At least 15 days prior to a public hearing, notice of the date, time, place and subject of the hearing will be sent to the appellant or petitioner in writing by U.S. mail to his or her last known address and to the owners of all properties located within 1/4 mile of the subject property. Copies of all such letters will be maintained in the applicant file for permanent record.
(2) The Administrative Official shall post a sign not less than 18 inches by 24 inches in size in a conspicuous location on each public street frontage of the subject property at least 15 days but not more than 45 days prior to the date of the scheduled public hearing. The sign shall set forth the fact that it is a public hearing and shall show the date, time and place of the scheduled public hearing.
(F) The Board of Appeals will make a decision concerning the variance and record the decision in the minutes for that meeting. In reaching its decision concerning a variance, the Board of Appeals shall also consider the criteria set forth in (A) and (C) above. In addition, the Board of Appeals shall also consider whether the applicant for the variance at the time of submitting the application is in violation of the Zoning Code or any other provision of the Code of Pike County, Georgia. If the applicant is determined to be in violation of the Zoning Code or any other provision of the Code of Pike County, Georgia, then the Board of Appeals shall further consider the circumstances related to such violation(s) as part of the criteria for considering the requested variance.
(G) The variance issued by the Board of Appeals must specify which requirements are to be varied from. It must specify alternative requirements to be met, replacing the requirements varied from.
(H) The Board of Appeals may establish performancebonds to assure compliance with any requirements it has set for granting a variance. Where a variance is granted for a construction activity requiring a building permit, the building permit must be obtained and construction begun within six months of theissuance of the variance. Otherwise, the variance expires after six months.
(I) The decision of the Board of Appeals on the application for variance may be appealed on points of law to the Pike County Superior Court by writ of certiorari.
(J) An administrative variance may be granted by the Director of Planning and Development with the filing of an application at the Planning and Development Department and the meeting of certain criteria. (Note: An administrative variance provides relief from certain standards of the Pike County Zoning Code. It is not intended to provide relief from any standards related to deed restrictions or restrictive covenants that certain private properties may be subject to.) Reasonable effort shall be made to comply with the full standards of the Zoning Code first, but if the Director of Planning and Development believes that relief is warranted, he or she may grant administrative variance approval of certain Zoning Code requirements based on the following criteria:
1. Up to 10% deviation from minimum building setbacks.
2. Up to 10% deviation from minimum buffer widths or landscape strips specified in Chapter 156 and Chapter 164.
3. Up to 25% deviation from the minimum acreage requirement specified in Section 156.43 (E)(3).
4. Up to 10% deviation from the square foot maximum for accessory buildings, per Section 156.43 (E), Section 156.63 (E), Section 156.78 (E), Section 156.93 (E),Section 156.173 (E), Section 156.88 (D), Section 156.203 (D), and Section 156.218 (D).
5. Up to 10% deviation from the minimum separation requirement between principal buildings and accessory buildings.
6. Up to 10% deviation on maximum building heights.
7. Approval of accessory buildings / uses which straddle the front and side yards of principal buildings.
8. Up to 10% deviation on the number of required parking spaces for developments.
9. For Class “B” manufactured homes, approval of a 3:12 roof pitch versus the normally required minimum of a 4:12 roof pitch. Also, up to a 10% deviation from the maximum 4:1 length / width ratio allowed for manufactured homes. Instances of administrative variance approvals by the Zoning Administrator shall be included in the Planning and Development Department’s reports submitted monthly to the Board of Commissioners.(Res. Passed 5-88)(Am. Ord. Passed 12-12-02)(Am. Ord. Passed 01-27-09)(Am. Ord. Passed 08-10-16)(07-12-17)
Added 8.25.20
POST AGENDA
PIKE COUNTY BOARD OF COMMISSIONERS SPECIAL CALLED MEETING
5:00 p.m. Monday, August 24, 2020
The Pike County Board of Commissioners held its Special Called Meeting on Monday, August 24, 2020 at 5:00 p.m. in the Courthouse, Main Courtroom, at 16001 Barnesville Street, Zebulon. Chairman Briar Johnson convened the meeting and Commissioners Tim Daniel, Tim Guy, Jason Proctor and James Jenkins attended. County Manager Brandon Rogers, County Attorney Rob Morton and County Clerk Angela Blount were also present. (O.C.G.A. § 50-14-1(e) (2))
1. CALL TO ORDER ................................................................................ Chairman Briar Johnson
2. INVOCATION…………………………………………………………………..Silent Invocation
3. PLEDGE OF ALLEGIANCE ............................................................... Chairman Briar Johnson
4. APPROVAL OF THE AGENDA - (O.C.G A. 50-14-1 (e) (1))
Motion/second by Commissioners Guy/Daniel to approve the agenda, motion carried 5-0.
5. DISCUSSION OF AN APPLICATION SUBMITTED REQUESTING PERMISSION TO CREATE A PRIVATE CONDO COMMUNITY FOR INDEPENDENT SENIOR LIVING RESTRICTED TO AGE 55 AND UP. PROPERTY LOCATION IS AT 15177 ZEBULON ROAD, GRIFFIN, GA.
County Manager Brandon Rogers addressed the Board stating this meeting is to discuss the subject property and to have a better understanding before the Board of Commissioners meeting tomorrow night which will include the Public Hearing. Brad Vaughan, Director of Planning and Development, stated his office received a request for a private condo community for independent senior living restricted to age 55 and up. Vaughan stated the proposed development does not fit neatly into one zoning category; therefore, an exception is the point of action. In the past, there was a DR-6 zoning, Duplex Residential 600 square foot, it was repealed in our code in 2009 and never replaced. Vaughan stated the plans are for a 2200 square foot two family residential dwelling units. The submitted design includes garage space for both sides of the dwelling units in that 2200 square foot design. The proposal includes a private road, sidewalks and street lights in a gated community. The total acreage of land is 8.64 acres. The subject property lies within the one-mile radius of the intersection of Spalding County line and US 19. Immediately to the west, lies the Hidden Falls Subdivision which is zoned PRD, Planned Residential Development. Vaughan stated the density of the dwelling units is more appropriate in the PRD, Panned Residential Development, zoning. Commissioner James Jenkins asked if it was not being classified as a PRD. Vaughan replied you have special exception or have it rezoned as PRD which will require multiple variances. PRD zoning is specifically numerated being within one half mile of the incorporated Pike County or within a one mile arc of the intersection of US 19 and Spalding County line. PRD subdivision is made for a greater density; you will have improvements with the roads and with the utilities. The units will not be subdivided for individual ownership. Vaughan stated the applicants are going to do long term private pay lease on the condos. Commissioner Jenkins asked how long a long term lease is for. Applicant Robin Cochran replied minimum a year with discounts on multi-year commitments up to five years. Commissioner Jenkins asked what about the sewerage. Brad Vaughan replied the plans show a common commercial septic system which will have to be approved by the Health Department. Commissioner Jenkins asked where EPD, Environmental Protection Divisions, would play a part as far as the septic. Vaughan replied the Health Department would come in for the septic system and EPD would come in for land disturbance. County Manager Brandon Rogers stated he spoke to Ben Trotter regarding the septic system and because of the number of dwellings on the property, it will exceed his scope of work and he would not be able to approve or deny anything due to the amount of water used per day; it will probably be an EPD issue from the start to get the sewer approved. Commissioner Jenkins asked about the number of residents that will be in this condo community. Brad Vaughan stated there will be 15 - 2 family units which could be up to 30 residents total. Commissioner Jenkins noted if each person had a vehicle that would be 30 vehicles on an eight acre lot. Commissioner Tim Daniel noted if it is 30 units, it could possibly have 60 residents. Brad Vaughan clarified that is correct, 15-2 family units, possible two people in each unit would be a total of 60 possible residents. Chairman Briar Johnson stated he looked at the plans over the weekend and it is very attractive, but it is a duplex. Chairman Johnson asked what will happen five years down the road the community goes belly up; what prevents the nice duplex community from going into rental property like Williamson and Molena has. Brad Vaughan stated you could have owner exits managed by a leasing company or conditions could be placed by the Board on the land use upon approval. Commissioner Jenkins inquired if a decel and accel lane would be required. Vaughan replied it would be DOT governance regarding the entrance, the plans illustrated shows a decel lane. Commissioner Jenkins asked for clarification if they are called duplexes or condos. Vaughan replied only prospective is multifamily use. Commissioner Jenkins stated it is for senior living and most of the time when you have senior living; they are looking for senior activities at the same time and not just living quarters. Jerime Buffington, with Paragon, sated there will be sidewalks around the entire community, there will be areas for amenities, a park area and a gazebo. Commissioner Jenkins asked if all of this development will fit on eight acres. Mr. Buffington replied yes sir. Brad Vaughan stated from an engineering standpoint and from a building standpoint, you can fit all that on this parcel; the question remains the actual use of the property. Commissioner Jenkins stated the county policy code says 20 acres in PRD and they want this reduced to eight acres. Brad Vaughan stated that would fall as a rezoning application, this property is still zoned AR, Agricultural Residential, and they are asking for a special exception. County Attorney Rob Morton stated for clarification the existing application is for a piece of property that is currently zoned AR, they are requesting a special exception. Morton noted the letter in the packet from the applicants reads we are requesting a special exception to incorporate Fountain Farm in Pike County. Fountain Farm will be a 20+ gated condo community for ages 55 and up and goes on and talks about the private pay lease. The issue that has already been mentioned by Brad Vaughan is a variance application that has been submitted in conjunction to this was postponed by the Board of Appeals until the Board of Commissioners makes a decision on the special exception application. One of the recommendations for consideration is if this would be suited better as a PRD development, but that is not what their application is. Their application is for a special exception for AR zoned property. One issue is that AR zoning requires one unit per lot. Commissioner Jenkins stated we are going for AR and not PRD. County Attorney Rob Morton stated that is what is pending before you right now and the Board of Commissioners, being the legislative body of the county, can make the determination if better suited in a different zoning. The motion from the Board of Appeals was not to approve or deny but for recommendation on the existing special exception application on whether it should be considered for a PRD zoning. Brad Vaughan noted the design requirements for PRD include the parent tract of land should be a minimum of 20 acres, set up individual ownership and have a minimum of 1 acre per parcel. Chairman Johnson noted on the drawing it shows private drive, the drive will not be a road that the county maintains. Vaughan stated that is correct. Commissioner Jenkins asked where the septic system is going on the eight acres. Brad Vaughan replied under the green space on the west side of the property. Commissioner Jason Proctor asked if the community would be on county water. Vaughan replied yes. Brad Vaughan noted the road into the community is noted as private drive; therefore, the county will not have to maintain it. Commissioner Tim Guy stated it will be around 3900 linear foot for drain field and that is if the soil is right. Commissioner Tim Daniel asked County Attorney Rob Morton for his opinion, if he has one, on if this is the right direction to get this approved/denied. County Attorney Rob Morton stated he is careful with giving an opinion with Public Hearing tomorrow night and the Board consideration, from a legal standpoint that is the reason we allow special exceptions when something is not specifically listed as a permitted use and the Board of Commissioners can consider it as a possible use. The purpose of the special exception is because you cannot create an ordinance that will cover every use past/present/future because there are uses that we are not aware of today that may show up in five to ten years. Morton stated it certainly is a legally viable way to go about it, there are some other issues if the special exception is approved, some issues will have to be addressed by a variance or other discussion as indicated; AR limits one unit per lot and this is one lot. Morton noted this was something that was not addressed at the Board of Appeals meeting the other day. The Board of Appeals makes the final decision on all variance applications. Morton stated the Board of Commissioners consideration is if they want to approve this development in the AR zoning, special exception for the senior condo use.
6. ADJOURNMENT
Motion/second by Commissioners Jenkins/Daniel to adjourn at 5:34 p.m., motion carried 5-0.
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