Boc Joint Planning & Zoning - Regular Meeting

You hear something? All right. Good evening. Welcome to the uh joint planning and zoning board and board of commissioners meeting of January the 6, 2026. I am Brick Simmons, the planning and zoning chair. Uh wish everybody a happy new year and hope everybody had a Christmas uh holiday season. Uh prior to this meeting, announcements were posted and notices were sent to all board members, commissioners, staff, interested parties, and applicants participating in this meeting. I will now turn the meeting over to Dr. Ramona Jackson Jones to introduce and confirm the presence of our commissioners. Madam Chair.

All right. Thank you so much. Um, chairman, again, happy happy new year's everyone. I wanted to introduce our board of commissioners tonight. Uh, I'll start to my right is our vice chair and district 4 commissioner Mark Alcarez. And beside him is District 1 Commissioner Henry Mitchell III. And beside him is District 2 Commissioner Whitney Kenner Jones. And then district uh three commissioner is Martin Raxton. Commissioner Martin Raxton. So, we have a quorum tonight. board of commissioners. And if you don't have any remarks, I yield the floor back to the chairman.

Thank you, Madam Chairman. Uh, also present, we have members of the planning and zoning board. If you'd confirm your presence as I call your name. Uh, Rob Thomas, our vice chair. District three, present. Uh, Melissa Pope, District 4, present. Oric Curry, District 2, present. Brandon Penman, District 1, present. Frank Payne, our at large member, present. And Dr. Chris Small, our Douglas County School System representative. President, thank you very much. We have a quorum. Allison Duncan, our planning and zoning manager, will now introduce the county staff planning and zoning staff present. Mr. Duncan.

All right. Thank you, Mr. Chairman. Uh, tonight we have with us Mary Mentor from the county attorney's office. Uh, we have our deputy director of development services, Travis McDonald. We have Bruce Mercer. He is our traffic operations manager. Uh, we have our director of animal services, Vanessa Francikowski. Uh we have our county planner, Melody Glenn, our zoning administrator, uh Austin Cronin. We have our clerk of the planning and zoning board, Johanna WAC. Uh and as always, we appreciate our communications team and we appreciate our sheriff's deputies for being here as well. Thank you.

Thank you very much. Uh there's a reversionary clause that applies to each reszoning and that is the applicant, the agent or the property owner has 24 months to vest the variance zoning change as the board of commissioners grant the approval. As far as tonight's procedure go, I will conduct all the public hearing. Planning and zoning staff will announce each application followed by a full presentation on that application. The applicant or their representative and members of the public in favor of a application will be able to present their information. We'll have two minutes per person for a total allocated time of 15 minutes. Uh members of the public in opposition to an application will also have time to present their information. They too will have two minutes per person and 15 minutes totally total allocated. After the opposition completes their input or the time is elapsed, I will close the public hearing. At that point, the staff will clarify any points of the zoning case. The staff is unable to satisfy the board's questions. The board will then ask the applicant for points of clarification and this is not a time for the applicant to represent their case. Planning and zoning board will then entertain a motion. Our first agenda item tonight is approval of the minutes of our December the 2nd, 2025 regular planning and zoning and board of commissioners meeting. Planning and zoning board members, after reviewing the minutes, are there any comments, changes, or questions? Hearing none, I'll call for a motion for approval.

This is Frank Payne. I recommend approval of the minutes for the December 2nd, 2025 meeting. I have a motion. Do I have a second? Rob Thomas. I second. I have a motion and a second. Do we have any discussion? Hearing none, all in favor of approving the minutes of December 2nd, 2025, please signify by raising your hand. I will not vote because I wasn't present at that meeting. Thank you very much, Madam Chairman. The minutes of the December the 2nd, 2025 meeting come to you with the recommendation for approval.

Thank you so much, Chairman Simmons. Vot commissioners, you've had an opportunity uh to review the minutes for December 2nd, 2025. Are there any additions, corrections, or deletions that need to be made at this time? Being none, with that being said, do we have a motion to approve? So move second. We have a motion and two seconds. We have a motion and a second. Any discussion, board? We have a motion and a second. All in favor, please indicate by raising your right hand. We have a 50 unanimous vote and the motion carries. And I yield the floor back to you, Chairman Simmons. Thank you, Madam Chairman. At this point in time, I believe the planning and zoning staff has a couple of recommendations for us before we begin the uh next agenda item. Yes, sir. Duncan.

Thank you, Mr. Chairman. Uh we would like to ask uh the board's uh permission to propose a few changes to the agenda tonight. Um specifically for anybody who is here in regard to application S2025-87. Um that was the application for the convenience store without fuel pumps on Highway 166. Uh we'd like to announce that application has been withdrawn completely. So that will not be heard um on the agenda. Uh we also have two items that has asked to be um deferred to the February 3rd meeting. So, uh, if it is the will of the board, we would like to ask for you to consider those two items in turn at the beginning of the meeting so that anybody who is here for those agenda items does not necessarily have to stay through the entire meeting. Though, everybody is welcome to stay if they would like to. Um, but so we would ask if the board would act on the deferral of those items if it is your will. If not, we will keep them in the order on which they are presented on the agenda. Um, and then finally, once we get through that, I am going to ask that we move uh item S2026-04 for Eric Jackson to the top of the agenda uh in recognition that we have staff from other departments that have other responsibilities in the county. And so we would like to uh have the ability for them to speak at the hearing as is needed and then go back to their normal duties. Um, so with that being said, uh, the first item that has asked for a deferral is S2025-13. That is Big Power Developments 5 LLC. This is for a data center uh, at the intersection of Brock House and Echo Road. Um, the applicant is here if you have any specific questions, but staff um is fine with their request for deferring to the February 3rd agenda. So, we would ask if there is a motion to defer that item to the February 3rd um agenda that the board uh allow that to move forward at this time.

We need to do that now. Do we need to uh make sure everybody's in agreement to making these changes? So, again, I would ask for uh the chair to call for a motion to see what the motion would be and if that motion is successful to for deferral. If it is not, we will understand that it is not the will of the board for this to be deferred to February 3rd and we will hear it tonight. staff is ready to proceed if it is the will of the board to do so. Uh, do we need to do the other one at the same time? Uh, I would take them one at a time. One at a time. Okay. Planning and zoning board. Do I have a motion to defer on S2025-13 to the meeting of February the 3rd, 2026? It's

Rob Thomas like to make a motion to defer S 2025-13 to the February 3rd agenda. I have a motion. Do I have a second? Second. I have a motion and a second. Do we have any discussion? Hearing none, I'll call for the vote. All in favor of approving the deferment of S2025-13 to February the 3rd. Please signify by raising your hand. Thank you very much. That's unanimous. Madam Chair, S2025-13 comes to you with a unanimous recommendation for deferral until the February meeting. February 3rd.

Okay. Thank you so much, Chairman Simmons, Board of Commissioners. Do we have a motion to defer S2025-13? Do we have a motion? Madam Chair, I make a motion to defer agenda item S2025-13 to the February 3rd meeting. Second. Okay, we have a motion and a second on the floor in the discussion board. We have a motion and a second. All in favor, please indicate by raising your right hand. Okay, we have a five unanimous vote and the motion carries and I yield the floor back to you, Chairman Simmons. Thank you very much, Madam Chairman. All right, next item, Miss Ducket.

Thank you, Mr. Chairman. The next item that has asked for a deferral is item S2026-07. That's for Lithia Investments LLC. Again, uh the applicant is here. Um and we are prepared to move forward, but we also have no objection to deferring that to the February 3rd agenda. So, if it is the will of the board, we would ask that S2026-07 for Lithia Investments LLC is deferred to the February 3rd regular meeting. Thank you very much. Planning and Zoning Board. Do I have a motion? This is Melissa Pulk. I'd like to make a motion to defer the agenda item Z2026-07 to from Lithia Investments to our February 3rd meeting. Or Curry. Second.

I have a motion in a second. Do we have any discussion? Hearing none, I'll call for a vote. All in favor of deferring S2026-07 to the February 3rd, 2026 meeting signify by raising your hand. Thank you very much. That's unanimous, Madam Chair. Z2026-07 comes to the board with unanimous recommendation for deferral to February the 3rd, 2026. [clears throat] Thank you so much, Chairman Simmons, Board of Commissioners. Do we have a motion to defer Z2026-07? So move, Madam Chair, to defer item Z 2026-07 to the meeting February 3rd, 2026. Okay. Do we have a second?

Second. We have a motion and a second. Any discussion, board? We have a motion and a second. Please indicate by raising your right hand if you're in agreement. We have a 50 unanimous vote and the motion carries to defer to February 3rd. Thank you very much, Madam Chairman. [clears throat]

All right. So, thank you, Mr. Chairman. I think at this time we are going to ask that the application for Eric Jackson be moved first on the agenda out of consideration for our staff that may have other responsibilities from other departments, but I don't know if we'd like to pause for a moment if anybody chooses to leave um at this time. If you are not uh if you were here for S2025-07 for uh Raj Bardai on Highway 166, if you were here for S2025-13, uh that was for the Big Power 5 LLC. And if you were here for the Z2026-07 for Lithia Investments, those items will not be heard tonight. So, if anybody would like to um leave the meeting before we continue, I may suggest it's appropriate to give a moment for that to happen.

Yep, they're moving. Okay, [clears throat] that took that didn't take very long. Planning and zoning board, do you have any objection to moving S2026-04 to the top of the agenda? None. Okay, Madam Chairman, [clears throat] Planning and Zoning Board has no uh objection to moving S2026-04 to the top of the agenda so that the staff can uh go back to their duties.

Okay. Thank you so much, Chairman Simmons, Board of Commissioners. Do we have any objections to moving TW uh S2026-04 to the top of the agenda? Okay. Being none, thank you. Sounds like we all in agreement. We are okay with that. And I yield the floor back to you, Chairman Simmons. Thank you very much, Madam Chairman. Uh Damn. Okay. All right. Miss Glenn, you're presenting this, huh?

This is agenda item S2026-04. The applicant is requesting a special use permit to allow an agriculturally or oriented use including equestrian stables and trail riding at 3305 Lake Monroe Drive. The property includes about 11 acres in commission district [clears throat] 3. The parcel is in a residential neighborhood. The parcel includes a single family house and access accessory structures to support the animal use. The applicant proposes horseback trail riding lessons as an accessory use to the single family home. These lessons include safety training and writing instructions on the private residential lot. Visitors as young as seven years old are allowed are only allowed to book lessons for Friday, Saturday, and Sunday between 12:00 p.m. and 6:00 p.m. The applicant services no more than six persons at a time. Parking is available for visitors on the owner's private property. Here are a couple of images that the applicant submitted for the presentation. Here are the relevant code sections. There are no prior zoning actions for the lot. The agricultural homebased business was established before the owner entitled the property by requesting a special use permit. The current home is owner occupied. There are nine horses occupying the parcel. Here are the special use criteria analysis. Here's the zoning map. Here's a site aerial. Here's a site survey. Here's the future land use mapping character area. It's in suburban living and traditional neighborhood. Staff is recommending approval based on the following findings. Excuse me. Staff is recommending approval with conditions based on the following findings. The proposed special use permit will not modify the intent, purpose, or spirit of the comprehensive plan. The proposed special use permit will not adversely affect the public health, safety, and welfare.

The conditions read as follows. The applicant shall comply with the regulations enforced by the Department of Environmental Health within 30 days of approval. The applicant must obtain appropriate lensure from the Occupational Tax Department and the Department of Agriculture within 60 days of approval. The use is only valid for 12 months. Applicant must reapply for the special use by February the 1st, 2027. The applicant must coordinate with the building department to obtain compliance for any structures without a building permit. And lastly, the applicant shall provide information for access to the property that can be flagged in computer aided dispatch for first responders. Thank you. Thank you very much, M. Glenn. [clears throat and cough]

Excuse me. At this point in time, I'll open the public hearing on this matter. Anyone including the applicant or the applicant's representative wishing to speak in favor of this application, please approach the podium. Anyone else wishing to speak in favor of this application can also approach the podium after the this person. Mr. Jackson, if you state your name and address for the record and then two minutes. How's everybody doing? Okay.

All right. Eric Jackson here. Uh, address 3305 Lake Monroe Road, [clears throat] Douglasville, Georgia. Uh, 27 years of ed being an educator and previous years of speaking to the media playing football. I still get nervous speaking in front of people. That's crazy, isn't it? But hey guys, my name is Eric Jackson. [clears throat] We have a u a nice facility here in Douglasville. We actually want you guys to come on out also and and take part. Bring your family. It's a family oriented place. [clears throat] Excuse me. It's a family oriented place. Uh we have trail rides for kids. We have kids small young as three years old there. Even my my sons uh age nine, five, [clears throat] daughters six. Um if you guys I wish I could have had more pictures of them showing them actually riding theirel. I had a 91 year old lady [clears throat] I had a 91 year old lady come out back in uh I want to say June. She got she mounted the horse. She didn't ride but she mounted the horse. Uh basically we just an organization man that that's family oriented uh and want to teach people about horseback riding. Uh we also have parties have birthday parties there. If you guys have any grandkids or anything, you guys can bring them on out and have a birthday party there for your grandkids and their friends also. Um, if you guys come out, you will see the dynamics. My neighbors can tell you too. I see a lot of my neighbors back here too. They can tell you the dynamics of it and how just it it just put a joy on people's face. Um, if you also go to social media, you can check us out too in their neighborhood doing things in the neighborhood. Uh, track the supply. How many times you see a horse in Tractor Supply? If you go to social

media and type in sweets.com, on Facebook, I'm sorry, on Instagram or uh Tik Tok, you will see things like that. We engage in the community. My neighbors can also do a better job of telling you we give back to the community. I had a food drive. Okay. Thank you. All right. Thank you. Have a [clears throat] seat. We'll probably get back to you in a minute. Next person, please state your name and address for the record.

My name is Priscilla Arms. I My address is 3412 Lake Monroe Road along with 3498 Marjory Lane. Mr. Jackson is amazing. I taught my grandchildren how to ride up that road. When we got rid of our horses, I haven't seen one back around. rode with Ernest that used to do shoes downstairs. Well, no, on the same level. I've seen children there and I stopped the first time I saw him riding. I was like, "You're doing a great thing. This is amazing." Children do not know this anymore. This is what they need to know. They need to know that there's other things out there besides playing games and sitting in the house. They need to know what outside is. What he is giving back to the community is phenomenal. You could not ask for anything better than what he is doing. I have seen children there. I've seen his son ride. I've seen her ride. I've seen him. I see him all the time. And it's it's fabulous. You couldn't ask for anything better.

Thank you very much. Next person. name and address for the record. 2 minutes.

Uh good afternoon or evening. My name is Curtis Hair and I'm at 3390 Lake Monroe. I'm actually across the street his neighbor. Um and I would just like to say that uh what he has going on here uh with his uh business and his home is an asset to the community. I have over 30 years of federal emergency management experience uh with the Federal Emergency Management Agency, FEMA, where I do community development, community restoration. And so I can tell you uh as far as the impacts on our community that uh dead end street, uh he he brings a little bit more than just being a neighbor. Uh he's a good example of of a of a small young family uh that's trying to make it in an honest way. Uh I I've noticed there's several teenagers in the neighborhood that comes by and helps out and that's a work ethic that they don't get anywhere else. Uh now he he's a Alabama fan, so we have to look over that. [laughter] and and and uh he's he's from North Alabama and I'm from uh lower Alabama, commonly known as LA to folks who live down there to the to the Gulf Coast. But uh that's that's what my wife and I look for when we were moving. We was looking for something that was very similar to the rural area of Laura Alabama where we grew up

and the horses uh caught our eye coming in there in his in his yard. So I could judge a man from his yard, how he takes care of his surroundings. So I saw uh that it wasn't uh in any way revealing to be commercial, but it just like a well-kept lot. So the any increase in in traffic from his business uh could only add to the folks leading in there keeping up their place and whatnot. Uh outstanding neighbor. He's hard to find and uh I think that it would be a disservice to the community to not award this permit. Thank you. Thank you for your comment, sir. Next, please. Name and address for the record, sir.

Anthony Knight, uh 1233 Lamouth Way. Uh I know Mr. Jackson from [clears throat] quite some years ago. Uh I remember when he first bought that property with his son. Before he had the property, it was vacant for many, many years. It had two dilapitated buildings on it. One was torn down and the other one was uh was like somewhat like a barn and it also had like a rose garden or thing, a greenhouse type situation. All of that was was dilapidated and you could see it from the road. [clears throat] Uh since he's been there, he's rehabbed one of the buildings. He's also uh enclosed the pools for safety. He also uh has built many barns for the horses and to bring a nicer look to the community. He's also addressed the issue with uh the curb appeal, with the gate, the fence. So, I think that the value in property has increased because now you have a property that's being used that's paying taxes. uh and uh and beautify the neighborhood. So when you come down that that way, you can see he didn't show it there, but he's got a pretty gate and he's painted the fence. Uh and also where we ride at, I've been there with my family riding. Where you ride at, his house is somewhat in the center of that 11 acres and the barns is somewhat close to that. So his neighbors are probably on the backside, maybe a half mile away. and where we ride at in the trail, you go street side, then you go to the other side. So, I would say the closest neighbor to him that can actually physically hear him would probably be maybe two football fields away. Uh, so I just want to know. So, as far as proximity to other people, it's uh he beautified the neighborhood, he fixed up the lapitated properties, he's paying taxes on something that didn't get paid for taxes for many, many years. Uh, and where we at, [clears throat] we don't really disturb other people. Okay.

Like I said, it's 11 acres, so we use probably about three acres to to do the farm to do the riding. And the birthday parties are usually he he he he doesn't like the loud noise either, so he wants to get people out of there before it gets dark. Thank you. Okay. Thank you, sir. Anyone else wishing to speak in favor? Could you state your name and address for the record?

Sabina Kelly, Box 536 in Winston. Um, I think this is fantastic. It's exactly what Douglas County was when my family and I moved here in 2001. It was rural, lots of farms, lots of horses, and where I am and and uh off of 166 Post Road. We still have horses that drive right up and down and we have the trails and everything else. And I understand it's in a residential area. However, 11 acres isn't bothering anybody else in a residential acre area. Uh you have an option to put a storage building there. You have an option to put town homes there and big apartments or whatever. But I think this is going to be a benefit to this county and get us back on the right track instead of going down other roads. Thank you so much.

Thank you for your comments. Next person speaking in favor. Anyone else wishing to speak in favor?

Ken Johnson, 3378 Lake Mono Road. Um, Eric is Let's see how you'd say that, [snorts] an upgrade for our neighborhood. Children are riding horses, not not playing in games. They out there learning how to react to other people and learning all that good stuff. I would do anything for him if he asked me. That's how good it is. So, thank you. Thank you, sir. [clears throat] Next person, please. [laughter] You might need to pull the microphone down a little bit.

Pull it out. There we go. So, if you just give us your name and address, sir. My name is Ezekiel Jackson, but most people call me Zeke. And we do trail rides, parties, and that's all. [laughter] Thank you, Nick. Anyone else wishing to speak in favor? [clears throat] Bring it up too much for me. I'm [clears throat] glad you know how to bring it up. Now, name and address, please.

My name is Becky Holtzclaw Brown. I live at 3540 Lake Monroe Road at the very dead end of it. Uh, I met Eric, I guess, right after he he moved in and he's been an asset to our neighborhood. I actually didn't even know half my neighbors until I met him [laughter] that we got to u meet each other, which has been great. Uh, all the horses are tamed, well taken care of. Um, the place is beautiful and working on constantly. It's just going to get better as the years go by. It's great for these kids to have something to do to be able to get out. He's keeps trying to get me on the horse, but I want to keep the one good hip I have left. [laughter] But uh other than that, I don't see why there should be anyone who doesn't approve of this. I mean, it is a great place, [snorts] a place for kids to go and learn to be with the animals. Of course, I'm an animal lover, as you can tell. [laughter] But I I definitely am for this.

Thank you for your comments. Next person, please. Gwen Brown. I'm a real estate broker and Becky's better half. Uh [laughter] we live at the end of the street dead end and [clears throat and cough] he comes by all the time on rides. I can't find anything wrong what he's trying to do here. It is great for kids and they've had a lot of birthday parties there and celebrations and everybody had a big smile on their face. So I can't see any reason to turn him down. I honestly can't. And living there I'd love to see it happen for him. Absolutely. So, thanks for your time.

Thank you, Mr. Brown. Uh, anyone else wishing to speak in favor name and address and then uh two minutes.

Good afternoon. Cody Foreman uh 3300 Lake Monroe. I live actually directly across from Eric. Uh great man here. He's done a lot of great things for us. Um, you know, he's he's great to be around uh with the food drive and uh I know that he was getting there with that, but uh he donated a bunch of food to uh a lot of the neighbors uh in the surrounding area. Um I can look out my front window and see his horses. Uh the area is very well kept up, very clean. Uh he's been doing great with that area over there. He respects his neighbors. They don't make a lot of noise. They're very quiet. Um so noise is not an issue of what uh of any sort. Um, so but um I'm in favor. So that's all.

Thank you, sir. Anyone else wishing to speak in favor? [laughter] You've already been up. Okay. Hear no one moving, I will close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition, please approach the podium. You also will have two minutes per person. Uh total allocated time of 15 minutes to speak. if you'd state your name and address for the record in two minutes.

Christy [clears throat] Grubs, 3236 Laura Lane, Douglasville, Georgia. And I'm Eric's neighbor here on the backside. Our properties join. Um, you know, after hearing everyone, I mean, it sounds great and I and it look, I have no problems with horseback riding in general or teaching the kids. No problem at all. Where I come from on on my opposition is truly the keeping the integrity of the neighborhood for what it was zoned for. you know, less traffic, quiet living, just keeping it real quiet. It's zoned residential low density for single family homes and the trail riding in and of itself for individuals owning the property. That's great. Love that. But the applicants doing more than trail riding already. And you mentioned, you know, he mentioned the Tik Tok ads and uh Facebook and all that. If you go look, you'll see that there's a lot more being advertised. And that's the part that's concerning, you know, to to me. Uh, [snorts] part of what's being advertised, excuse me, [clears throat] talk about being nervous. Me too. Uh, part of what is being advertised is corporate events, farm-totable dining, uh, petting zoo was mentioned, uh, memberships, adult and kids parties. Uh but another alarming part is remote access, remote entry access, meaning he wouldn't have to be on site to let someone in. Now again, this is a residential area. It's not a Airbnb up in the North Georgia mountains. So, you know, that's a little bit concerning for a neighbor, not knowing who would be there and when and how many people. Uh but this type of forprofit commercial use is just fundamentally incompatible with the zoning intent. Um there's serious concerns over time about environmental impacts, public health, safety risks that could negatively impact the area, our quality of life,

and our property values. So approving the permit would basically just, you know, establish a harmful standard for commercial operations in a residential zoned area. So for that reason, I respectfully ask that you deny and thank you for your time. Thank you very much. Uh, next person, please state your name and address and then two minutes.

Uh, Tamara Frank, 3236 Laura Lane. So good evening. I'm a longtime Douglas County resident. Um, own property adjacent to the applicant's property. Uh, based on public health and safety concerns, continued non-compliance, and animal control issues, I urge you to deny this permit. Douglas County Animal Services impact study documents a pattern of non-compliance, indicating a disregard for county and state regulations. The report indicates the applicant is not in good standing with the county or state agencies. Multiple violations and complaints have been documented, including one filed by the Georgia Department of Agriculture for illegal operations. Douglas County Animal Services recommendation is for the permit to be denied. And I agree. Their findings and what I've personally witnessed as outlined in a longer comprehensive statement which hopefully you guys saw online give justifiable concern for animal control and welfare and associated concerns for public health and safety. Potential injury from animals at large. Animal waste, runoff, and odor. Unpermitted unmaintained portable toilets. Questionable vaccination status of the animals poses a serious public health risk for humans as well as to the prevalent deer population and other wildlife and domestic pets in our area. The applicant has reportedly failed to provide vaccination records. Also, the condition of the property also shows significant loss of vegetation and ground cover due to clear cutting done by the applicant and animal foot traffic and grazing, leaving exposed soil, raising concerns about potential erosion, runoff, groundwater contamination, environmental impacts adversely affecting neighboring properties. Approving this permit would not only reward non-compliance, but set a dangerous precedent for ignoring county and state regulations. So, I respectfully urge you to uphold standards, protect public health and

safety, and deny this permit. Thank you. Thank you for your comments. Next person, please. Name address.

My name is Hi, my name is Connie Cochran. I live at 3,300 Lane. The property where I live has been owned by the Cochran family for 50 years. Um, I personally have lived there for 20. Um, I have had prior experience serving myself on a planning and zoning commission from my hometown and on city council. I take the work that you do and the staff very seriously. But my biggest concerns are this will set a precedent where we might could have other properties be changed which would impact me from a safety standpoint. Um, could impact the tax value of my property. Um, I have experienced um problems with lighting from the property behind me because of the removal of the the trees. I believe in green space and there was quite a bit removed when he was developing his trails and his property. I and my neighbor also have had expressed some concern about the lighting. I do appreciate the fact that trail rides are available. When I saw people writing from my side of the property, I assumed it was family members. I had no knowledge at all that this had been work that the property had been used for commercial purposes from April through December. In December, I became aware of it. That was a big concern for me because I didn't find any lensures or all the other things. I do understand that this usage will have to be approved for him to ask for all of his licenses. Um, I also have concerns because of the uh recommendation concerning the animals about the care of the animals and any impact it might have on any of us and our properties and any pets that we personally have. I know

that he has stated he has nine horses on the property. based on the information provided from zoning and my review of your zoning, nine exceeds the um usage for the current zoning and would put it in a commercial type situation. I have one other concern and I know I'm close to my time. I am at my time. Thank you. Your time. Thank you very much. Anyone else wishing to speak in opposition? [clears throat] Okay, seeing no one moving, I'll close the public hearing on this matter. Planning and Zoning Board. You have heard the comments. Do you have any questions uh for clarification of staff or of the applicant?

Or Curry. Um I know that we had talked about code enforcement. Can we have code enforcement come up and tell us any So just to clarify, we have animal control. Animal control. Code enforcement [clears throat] is not present, but we can try to answer any questions you may have on their behalf. Okay. Animal control then. Thank you. Hey, you might have to loosen that. Yeah, lift it back up. [laughter] I know. I'm short. Good evening, Board of Commissioners, Planning Zone um board. Um I'm Vanessa Frasicowski, director for Douglas County Animal Services. Thank you.

And did you want me to go ahead and do my position on this clarify?

Yes. So, we're actually here before you due to a complaint that we received from the Department of Agriculture. Um, the complaint was lodged with the state regarding um horses being ridden in the street. Um, children on them without a uh a helmet. Um, and looking into this, when I work with the Department of Agriculture, they were um, not only not zoned, did not have a current Douglas County business license, but did not have an ecoin stables license, which is required through the Georgia Department of Agriculture. Um, looking into this further, there are several instances where we have actually led up to court appearances due to failure to confine animals, public nuisance. Um, and then of course um that brought us in front of uh Honorable Judge Caldwell um for some issues there. Uh when we did go ahead and go out to the property, uh we did observe nine horses, um portable bathrooms, chickens, goats, and multiple large trailers for pulling horses. Um, this is one of the proverbial you put the cart before the horse. Um, this is a commercial establishment that failed to go ahead and do any of the pre-licicensing, any of the business licensing, any of the Douglas County regulations before actually setting up this establishment. Um, so again, we put the cart before the horse. Um, I will say that from a public safety standpoint, the riding of animals on the roadway is concerning just because there is a dead end. Vehicles fly through that. Just in our own vehicles, we see this all the time. They're going to drive by. If there's an impact with a horse and there's a child on it, that's an issue for us. Okay, so that's one issue. Um, the second is the coggin. So, horses um do need to be tested annually for coggin. Um, that can be contagious to other horses. It is a lifetime quarantine for that horse or immediate euthanasia. Okay, that should be presentable at the time of inspection. Obviously, there was no inspection at the time that we went out

there. He was not able to go ahead and produce that to us. Um, talking to him today, he did produce it. Further to the Department of Agriculture, which he is going to go ahead and share with me. Um, so I do think there's a pathway to getting in compliance, but the previous history is what leads me to be concerned that we have not followed the rules to begin with. there was no regard for the lensure for the state for our department or the county going forward. There should be a strict compliance. Thank you very much. Any questions while she's here? Uh this is Melissa Cul. I have a question. Um so in your opinion after you went out and did an observance of the animals, um are the animals being cared for properly? Yes, they are. Thank you.

Yes, sir. Anything else before we let her go? because I know she's got work to do. I do. [laughter] Uh at this point in time, let me throw it over board of commissioners for any questions you may have from her so she can get back to work. Okay. Thank you so much. Uh Chairman Simmons, board of commissioners at this time. Do we have questions for the applicant staff or either our director? Okay, Commissioner Braxton, you have the floor. All right. Thank you. Good afternoon. Good director. So, just want to go back in regards to when you were indicating that the trail currently goes out on the street and that is that prohibited or is that more of a safety? I just want to get more clarity on what that looks like.

So, from my understanding, the trail does not go into the street. The animal was ridden in the street. Um, and I I'm not sure if this was just somebody that was visiting or if this was family member, but the horse was being ridden in the public right of way. Um, and so that's where it becomes an issue on if somebody turns that corner, it's a blind side or somebody's driving too fast, there's that impact. Um, and that becomes a public safety risk. There is not necessarily an ordinance for that. Um, but again, it it causes concern when we have a child on a horse without a helmet. Now, I cannot verify that because that came in through the state that was lodged through the state, but my job was to investigate the circumstances behind that.

Okay. And then you mentioned a safety helmet. Is that also a requirement from a safety? Just so I'm aware. What generally speaking, that's that's best practices either way. Um and then again, if you're owning a business, I would believe that there should be insurance um that's going to go ahead and cover you if you have riders out there that you know they get injured. Okay. Okay. Thank you, Madam Chair. I yield the floor back to you. Okay. Any other questions? Board, I have a few questions for you. Director, you mentioned all the horses. Uh you you said horses need to be tested for coggins. Yes. On an annual basis. So all the horses in Douglas County are being tested. Do you have that information or where is that information?

So generally they provide that to us when we do our inspections with the department of agriculture. We'll ask for the coggin proof. They will go ahead and use um they'll give us like Southern Crescent which is one of the larger vets um that produces it to us and they just we verify it both with us and with the state um and then we keep it on file. So all of our horses. Yes. Okay. Just want to make sure. And also um you mentioned one other thing you said um you received some uh complaints from the department of agriculture. So were there can you were they just finding some complaints? Can you expound a little more for me?

So the complaint was just based off of somebody had called in and lodged a formal complaint regarding um them running a business without a license. Um so lensure it's easy to look up on the Department of Agriculture website. um they would be equitable for an ecoin stable license. So they're not registered as an ecoin stable license. Um and generally and I'll just read this to you. Um stables are establishments or other enclosures where equines are maintained for boarding, holding, training, breeding, riding, pulling vehicles or other similar purposes. Um so because we've advertised for training, we have petting zoos and things like that. Um and it's a commercial, you would need an ecoin stable license. um because they did not have that based off of our findings. And then again with the complaint that was with the child riding the horse down the street, that's where we went out and investigated. The other complaints that we had were on an ordinance level um which were the loose dogs, the public nuisance and things like that.

Okay. Someone spoke about erosion and the soil. Who was that? Oh, that was but I I'll talk to our planning and zoning. Sorry, just briefly if you would um if there's any additional questions for director Francikowski. Um wanted to be respectful of her time as I know she has things to do in the field. But if there are other questions of the staff or applicant um if you wanted to go back and forth to the planning and zoning board and then to the board of commissioners I think I think that was your intention chairman Simmons correct if I'm wrong with my attention. Do you you have any other questions for I'm chairman? I have one more one question for Mr. Kowski real quick. Excuse me. B Brandon, just one question before I get back over to you guys. Yeah.

What's Commissioner Mitchell, you have the floor. What What's the um because I I just heard and I don't know this and I apologize. Like is there a certain number of horses and dogs and cats that can be on that many acres or what? So that's going to be more of the planning and zoning as far as the acreage. So the Department of Agriculture does not have that and we follow the planning and zonings as far as the acreage and the zoning um codes. So if Allison if you want to speak on that portion. Yeah. One horse.

Sure. So couple of distinctions. Um under our ordinance. If you are keeping horses for your own personal use and enjoyment. So if your horse is your pet, for lack of a better word, it's basically one horse per acre. Um under our code, if it's a commercial stable, uh it's usually two um two acres. It's like one horse per two acres um to account for grazing and pasturing. Um, so those are the the kinds of issues when we we have circumstances come up where they have more animals than are allowed on the property. When we go through that process to come into compliance, they would have the the choice of either uh divesting themselves of certain animals or we have also allowed uh instances where animals can live out their natural lives and then not be replaced. Um so so we have encountered that issue before and we do have several ways that we can address it should the use be approved um by the board of commissioners. And currently what he's doing at this moment the applicant is he in in is he in line with the nine horses I don't know was it nine or 10 I don't know some number I

Yeah.

So so I think what we would have to do my understanding um and and I could be wrong about this but my understanding is that upon the site visit code enforcement animal control had identified uh nine horses on 11 acres. I think that what comes to the fundamental part of this question is if there's going to be a special use permit granted that does contemplate some non-residential um use of the property. So we're calling it a commercial property. Just want to clarify this is residential agriculture. The primary use of the property as a single family residence is not changing. We are considering this as an accessory use. Um, so I think if it is the board's recommendation to approve, we would suggest taking that condition that gives uh myself, director Francicowski, and our chief officer uh chief code enforcement officer Russell Tazone the ability to kind of say, okay, what is it going to take now step by step to bring the property into compliance?

Because as you've heard me say previously, when there is a code compliance issue, the first step is to see, can we get the property into compliance? And that's what brings us here tonight is to get the the approval if it is the will of the board to start that process to bring them into compliance with certain timelines that would you know if you have to meet that timeline in order to keep advancing through the process. Good. Interesting. Okay. All right. Thank you. I yield back. Okay. Thank you, Madam Chair. Okay. Thank you so much, Commissioner Mitchell. I'll give the floor back to you. Have you had Mr. Penman? Yeah. I just wanted to verify um that you did say that the animals were well cared for when you went out there and then you did say that you feel that there is a way forward with this.

I do I do think there's a pathway forward. It just needs to be strict compliance and just adherence to you know if if you need to get a permit you get your permit first you don't put you know the cart before the horse you know let's get our basic foundation first and then go forward. Okay beautiful I just wanted to verify that that that was your opinion on it. That's all. Thank you. Thank you. Any other questions for our Not. Thank you very much for taking your time to come in. Thank you. Thank you so much. Okay. Planning and zoning board. Any other questions of the applicant or of staff on this matter? Uh yes. I have a question for the applicant. Mr. Jackson, if you'd take the podium. Right. Yes, sir.

Mr. Jackson, how how long have you been operating uh your business? I have had my horses out there for my personal use. about two years for for me involving or inviting other people to come out. April of last year. April of last year. Oh, yes sir. Were you not aware of some of the requirements or uh licenses that uh that are

I was not I was not aware of the agricultural um piece. Uh I actually received I was at work. I received a phone call from my gate and I can look and see who's out there from the uh when they make the call and I just saw a bunch of badges and and I'm like what's going on? They was like we need to get in. We need to get in. What's going on? And I we we talked about coming back a couple of days. Then that's when we walked the property with uh with the agriculture and code enforcement and they started writing different things down and telling [clears throat] me different things that I need to do and that's what we've been doing since. So you have a list of

we do requirements and one of the requirements for the reason why we're here tonight for you guys to go ahead and and make a decision um so we can kind of get everything to roll into to be in compliance. Have you stopped your operation or are you

uh we still do some things on the weekend. I ride every day. That's just like that's I'm glad you asked that. The uh the thing about the horses riding down the street, I ride through the neighborhood, period. Like I told you, uh at the tractor supply, I ride my horse to the tractor supply. We ride to the tractor supply. Uh we ride up and down the street, around the corner, different little trails around there. We ride I ride every day. I love horses. I deal with horses every day. It's a passion for me. So, [clears throat] it wasn't Oh, and another thing, too. This This is the thing that that gets me. I can make a call just because I don't want something at a a person's property. I can make a call. This is what I talked to the the lady with the agriculture department. I can make a call and make a false complaint. They will come out there. I know they have to do it because it's their job. But a lot of times the thing is stuff don't be true. And when they come out there, the lady even said, "It's our job. We We have to respond to it." I know. I I'm looking at your horses. Hell, your your horses look better than mine, you know? And I'm like I'm like, I have a problem with someone making a a false complaint just to kind of almost like mess with you a little bit because I'm like, I'm never did welcome. I'm like, you guys can always come in. I'm not doing anything wrong to my animals. I love horses. She said, "I can see this because you didn't even know we was coming out here." So that's my thing. A person can make a a complaint or a false complaint just to get them to come out and to see what nothing. The things that they complain about is not true. So that's what we're here now today for.

I yel Yes, sir. Just want to hear a little more about like the heart behind it. I think you mentioned playing playing football prior to this. Who'd you play for? Where'd you play? Man, I was a little too short. That's why I'm not in the league. Okay. [laughter] Okay. Uh if I was if I I'm I'm serious. I'm dead serious. If I was at least 6 feet, you wouldn't be talking to me now. [laughter] I am dead serious. Yeah. Um I played in college, man. Okay. Beautiful. College.

The reason why I ask is cuz I I know that with with playing collegiate level sports, there's a certain level of dedication and discipline that comes behind it. And it seems that that's obvious with the way you handle your business or the way you take care of your animals. Um, so I just wanted to hear a little bit more your heart behind the business side of it and like when did you decide like, hey, I want to take this from just something I'm showing my son to something I'm showing the world.

Thank you for asking that question. I'm from Alabama, Birmingham, Alabama. Um, I grew up just like this young man with animals, horses, with my grandfather, my father, and I wish my grandfather can see me now. I wish he could. the things that I have going on with these animals. And I tell him and his brothers the same thing. Hey man, you gonna have to take the baton. My dad done it, which is your granddad. My granddaddy done it, which is your greatgrandad. You going to have to take this thing on. We talk about it all the time about just the love for it, man. When I have a problem, when they came out there, you know how that made me feel, man. I stayed out there in the in the yard with my animals until it it just calmed me down. It took everything away from me. And a lot of times when people come out to my property, they leave saying the same thing. I have I'm an educator, too, man. I teach school. A lot of my neighbors probably didn't even know that. I'm an educator. I've been an educator for 27 years. Those pictures, if you go back and look at the pictures up there, those pictures were the animals that I took to school. I take I take my animals to school at least five or six times a year and my principal loves it. Other principles are like, "Can we get coach to bring this on out to with to our school?" But uh anyway, man, to answer your question, that's my passion come from. I grew up in it.

[clears throat] And once I stated that uh once I stated that the the attend for me when I purchased my property I actually wanted to go to South South 40 South for the prices were skyhigh. So I found this place in Dougville that was just for us not for the public. Like I mentioned to you I take my my animals to school. Coach Jalissia would like to uh learn how to ride. what you what what can you do for her? I'm like, I don't know. I never really done that. I'm coming. I'mma wrap it up. But uh we got a lot to do. We got a lot to do tonight. All right. I'm sorry. I'm sorry. But that that's where it's come from. You're answering my question. I'm sorry. Thank you, man.

I have a question for you, sir. Okay. So, first of all, you're here because you were not in compliance. Yes, sir. Okay. Let's make sure we understand you're not a victim here. You You weren't in compliance, right? So the opposition to your business is justified. So start with that. Now somebody makes some false accusations. Well, that happens. But that's not why you're here. Okay. So make sure it be clear. Are you do you know now? Have you learned? You said the educator. So you also learn too, right? I also was educator. Yes, sir.

Do you know now what you need to do? They've looked into all the different organizations that's going to uh inspect you, inspect your your facility, inspect your animals. Do you know exactly what you need to do right now? Okay, so that's my that's my main concern moving forward. You know, is there a path forward? We were told it is. might be, but I need to make sure that you understand you're responsible and your responsibilities for these these animals and the public safety. You got to have insurance, right? Somebody fall hurt themselves, you got to have liability insurance. Absolutely. Um Okay. What about um toilets and things like that? Did you you working that out as well?

Yes, sir. Okay. I'm talking I'm working with the u code enforcement on everything. What about the agriculture? They're done. They're done and getting rid of the waste. What do you What do you got set up for that? Been doing the same thing I've been doing since I was a kid, man. I'm I'm not This is my my first time for is handling animals and stuff. We We clean up behind oursel. We take care of our animals. I've been doing this all of my life. This is nothing that I'm a new business that I'm starting. I'm just opening it up to the public. Okay. If it if it wasn't for the public, I'd be still be doing the same thing, taking care of my animals.

All right. I make sure you're in compliance. That's my main concern. Yes, sir. And there's a lot of different rules, a lot of different organizations and departments that govern this for the safety of the public, safety of the animals. That's my main concern. But I yield the floor. Thank you. Thank you. Any other questions? Planning and zoning. Uh this is Melissa Pulk. I have a question for the applicant. So, um I noted that so you currently do not have a license, correct? Correct. Okay. And you were brought aware of the fact that a license was required to do the commercial portion of what you're doing. Um, and when were you notified of that? When it came out? Recently, like 30 days, that type thing. Uh, how how long ago it been? Oh, probably about two months. Yeah, about what?

About two months ago. Two months ago. And so, knowing that you're required to have a license, right, to to do any commercial activity, you're still currently doing commercial activity, correct? I wouldn't call on the weekends. You said I wouldn't even call like she said I wouldn't even name it commercial. Um but you're what are you you said you were doing some things on Friday, Saturday, Sunday like birthday parties, riding things like that. Trail trail ridings, teaching classes. I I wouldn't I wouldn't call that consider that commercial. She she stated the same thing. But you're you're advertising it as a business, correct? A service that you're offering. Yes, ma'am.

Okay. I just wanted to make ask here that now that you are aware of the fact that you're required to have a license, are you going to stop those services until you do obtain those license? Yes, ma'am. And in order for me to obtain them, I I I need the special prayer from you guys to to grant it. Understood. Thank you. Yes, ma'am. Any other questions? Planning is up. Okay. None, Madam Chair. I'll throw board commissioners for questions.

I just I just one thing I do want to make it clear that we did not issue a cease and desist to Mr. Jackson. So um whenever you are uh found to be in violation, code enforcement does have the option of issuing you know citations. There were no citations issued in this instance um he was directed to come and uh speak to planning and zoning about whether there is a path forward before issuing any citations. And so I just wanted to kind of clarify that from the record. There is no current pending zoning citation against what Mr. Jackson is doing pending the outcome of this hearing. Then we will take steps to see what needs to happen to come into compliance. So, I did want to just kind of speak to that that we have not issued any kind of stop uh or cease and desist orders in regard to this. So, thank you. Thank you very much, Madam Chair.

Okay. Thank you so much. Board of Commissioners, do we have any questions? Commissioner Raxton, you have the floor. All right. Thank you. This to the applicant. All right. Good evening. Good evening. So, can you tell us a little bit of how um you're advertising the business, the rise? How do you find your clients?

Um, the first thing was word of mouth. Uh, after I got word of mouth, when people came out, uh, they was like, "Hey man, you should be doing this. You should be doing that." I met other people that, uh, that are in the in the horseback business, horseback riding business. Also, um, they recommended for me to go to social media, but uh, to be honest with you, word of mouth was the best thing. Social media is just kind of like just shows what we what we do. Shows uh um the the horses how calm they are. Uh it shows how we teach, how different people are are nervous or kind of like agitant cuz we record all that and just put it on there and it just give them an idea of what to look for when you come out. I I would advise you to do the same thing. and would like for you to go and look at it. Maybe you and your family can can come out and experience some of the same things that we have going on.

Okay. Thank you. You're welcome. Um, kind of as a followup, I know that there is a, you know, with the special needs community that there's, you know, riding horses and being around animals is something that is very well um request. Yeah, you can come back up to the mic. I'm not finishing. So just curious is that a population or is that also um I have I have had um a couple of people matter of fact I just had a young lady that came from Texas. She used to stay in Douglasville.

Um she came she talked to me and she told me she used to stay here and what she does she do in Texas and I told her I'd be very very interested in learning more about it. That's what I want to do here. So when she came, what was that was New Year's? That was she came New Year's. She bought three of her friends. One was the mom, one the other was the daughter. They look like sisters though. But man, it's on it's on it's on um it's on Tik Tok. I put it on Tik Tok. Um she was just like, "Hey man, there's so many so much you can do with kids here." You know, I told her I work with kids every day.

I said that that's my main thing, man. I'm I'm a educ I want to educate about educate the kids about the horses and it's it's a a family environment family farm just like um one of the guys was saying about my gate when I when I purchased this property none of this was in I did not intend for none of this to happen this was for us sweet rose is my mother name the name of my farm is sweet rose You know, everything I do, it has a rose in it because of my mom. But as I introduced other people to my world, they told me, "Hey, this is bigger than you. You need to extend this thing."

So that's how we that's how I got that's how we got here. Okay. Thank you. Um, in regards to the conditions that you've seen so far, are you in agreement with all the conditions currently that staff has recommended?

Absolutely. And I I want to just clarify another thing too. When the animal control young lady came up here and she she stated previous things that violations, she was correct. But it wasn't any any any uh farm animals. It was a dog that I had that I got rid of that dog. When I came into when I came up here and and faced the judge and she was talking about jail time and this fine, I said, "Oh, a dog." Oh, no. That I got rid of that dog. Mhm. So, it wasn't any any horses or anything like that. It was a dog got out running loose going through the neighborhood with other stray dogs. Okay. But I got rid of that joke.

Okay. All right. And then the last question. You heard the concerns in regards to riding in the street. Are you yourself and your family riding the street or is the public and those clients that you have coming to riding in the street? Because again, that does concern from a safety standpoint if we have riders that's in the street.

Absolutely. That's another piece too. I'm glad you brought that up. Once once we ride, I told we start wearing our shirts. Then I'm on the back cuz everybody stops us. Everybody stops us. Hey, especially when they see her. Oh my goodness. Where are you guys at, man? We have a forum here in Douglas. In Douglasville? Didn't know Douglasville had anything like that. So that's that's an advertising piece right there. We ride around the community every day. Well, every other day we'll probably go down the street, but we ride in the community. Mhm.

But uh when people come over, they do not ride out from the street. They they stay on the property, but we we kind of like bigger than the property. So we ride in the community. Okay. All right. Just wanted to get that clarification. Yes, sir. All right. Thank you, Madam Chair. I yield the floor back to you. Okay. Any other questions for it? If I could uh Oh, I'm sorry. Yes. Vice Chair, you have the floor.

You know, we we have [clears throat] there's actually a place called Excess Ranch right here next to Dougville Police Department. It's in downtown Dougville, right off the Fair Road exit. It does many similar things as to what you're saying that you want to do for this community. [clears throat] They actually do a foster family day. They get foster family kids out there. Enjoy a whole day event. They do stuff for special needs. They do a lot of stuff for the community as well. So, I grew up riding horses. Love horses. But it's your vision of what I'm understanding what you're trying to do

and I understand your neighbors. But there are ranches like this and there are some in my district as well that are doing great things for the community. And so for a lot of and for a lot of us that say well where the should and should not be [clears throat] we got a fantastic one already here in downtown Douglasville. So I yield back Madam Chair. Okay. Thank you so much. What's the name of it again? Exodus Ranch. Exodus. I'll reach out to him. Thank you for the information. Right. Um I do have a question for uh our um planning and zoning manager. Yes, ma'am.

On those conditions, um did we have anything any um thing inserted regarding the remote entry access? That was something mentioned so we can control, you know, the timing or things like that to make sure that just anyone cannot walk on the property. Was that included? I've just

I don't believe that was included in the conditions. Um, but we can certainly add that. Um, I would need to probably understand from Mr. Jackson a little bit better about what the uh remote entry access is involving because I think you do reside on the property um and and they should be there, but we can certainly uh kind of clarify to them the uses that they're showing on their website and what would be allowable um under under the um approval. Uh there are certain things that we've already talked about like would having to get approval through the department of a but in addition to that they'll have to go through environmental health for any kind of like food service or any kind of restrooms or anything like that. Um and so typically I think we're looking at kind of constraining those uses to to most of what they've um presented to you previously like what we have seen in other communities and if that means we need to talk to them about a few things that they have on the website going forward about their use we can certainly address that

if it is the will of the board to approve. And then my last question is around helmets uh for those riders that come out. So we do have I'm I'm sure that those conditions written in there.

So we don't have those as a condition. I know there's been a lot of discussion about the riding horses in the road. Um I have actually been receiving updates from our chief code enforcement officer who is watching um and says that he's going to start attending these meetings going forward. Um but he has shared with me that it's his understanding that under state law a horse is considered a vehicle and can ride in the road so long as it is in compliant with all um applicable traffic um rules and that I think helmets are required if you're under 18. But again, I'm a little out of my depth with this level of specificity, but I would say we would most likely defer to um the uh to to whatever the state law is in regarding to keeping animals and using them for transport.

Yeah. Thank you. I'm definitely out of my debt because when when it comes to horses, I try to go horseback riding. I may need to come out. I'm a nervous wreck and the horse never moves. He just looks at me and I look at him and we sit out for about an hour and look at each other and I get off. So, I'm trying to get my strength there to ride horses. Okay. No other questions. I yield the floor back to you. Thank you very much, Madam Chairman. Planning and zoning board, you have heard the discussion. Do I have a motion on S2026-04, please? This is Brandon Penman. I make a motion to approve application S2026-04 as a request for a special use permit to allow agriculturally oriented use

with the conditions with the conditions as written in by staff. I have a motion. Do I have a second? Or Curry. Second. I have a motion and a second. Do we have any discussion? Hearing none, I'll call for the motion. All in favor of approving S2026-04 uh with the conditions that were read into the record, please signify by raising your hand. Thank you very much. All opposed. Thank you very much, Madam Chairman. S 2026-04 comes to you with a recommendation for approval with the conditions that were read into the record.

Thank you so much, Chairman Simmons, Bo Commissioners, you've heard all the questions and answers. Do we have a motion? Yes, Madam Chair. Like to make a motion that we approve S202604 for special use permit allow agriculture oriented with the conditions as presented by staff with the following additional conditions. One that um you will be on site doing the hours of operations. Secondly, maintaining all animal control and welfare regulations, including vaccinations. Third, that all safety precautions for riders must be adhered to. And fourth, that you will abide by all of the license and code compliant requirements as specified.

Second. Okay, we have a motion and a second. Any discussion board? We have a motion and a second. All in favor, please. Oh, I'm sorry, Commissioner Mitchell. You gota probably I don't know whether it would be [clears throat] with Allison or the applicant to ensure that he or she is okay with these additional uh conditions.

So again, yes, staff understands the conditions um and we don't have any particular uh concern about moving forward to enforce these. Again, we'll just remind you that this would be for 12 months only and then the applicant would come back to you at the end of 12 months and we could check in on the status of them and at that time we could adjust any conditions um as would be appropriate. I don't know that I think that we want to um you know be in the position of going out and monitoring and checking with any regularity on and on and on if it is the will of the board to allow this to extend longer than 12 months. But I do think that within the initial 12 months uh Mr. Jackson uh has has come in. He's worked with us, you know, in the planning and zoning department. You [clears throat] heard Director Francicowski indicate that there is a path forward for compliance in in her opinion. Uh and uh Russell Tazone, our chief code enforcement officer, has indicated to me that he does see that there is a path forward for compliance. Um again, it's going to take a lot of steps. So, I think that these four conditions are appropriate in the context of this initial 12 months um that we're going forward and the staff has no concerns and I don't know, Mr. Jackson, if you have any concerns. Mr. Mr. Jackson seems to indicate that he's okay with them as well. So,

okay. And that's all I want just make sure that at least he had an opportunity to say he like it or not or he wants some adjustments made, but this would be your opportunity if there is anything that needs to be changed in addition to what was just added. Okay, I'll yield. Thank you. Okay, any other questions or should I say discussion? We have a motion and a second on the floor. All in favor, please indicate by raising your right hand. Okay, we have a 50 unanimous vote in the motion carries and congratulations. [applause]

Okay. Uh, good luck to you, Mr. Jackson. Our next next agenda item, please give us just one moment to reset the slide deck. I would appreciate [clears throat] it. And we'll uh we'll give you folks a few minutes a minute or so to get out. Thank you. Which

doesn't sound that sounded bad, but We talked about that,

but I just wanted to attorney. Okay. Let's uh call the meeting to order. If you have discussions, please take them outside. Thank you,

Mr. Cronin. Our next agenda item, please. Good evening, Board of Commissioners and Planning and Zoning Board. Our next agenda item is Z2025-85 and S2025-86. This was heard at the December 2nd meeting and it was deferred until now. So, I will go through this presentation briefly. We do ask that the applicant provides an update with their meeting from the community with the Parkside community. Um, but this is a special use permit or a reasonzoning from light industrial with conditions to shed some of those conditions prefly previously put in place and then a special use permit to allow outdoor storage. So the applicant has indicated that the following conditions they would like to remove. The applicant shall provide a dent screening for the portion of the property that fronts any road and the applicant shall install the industrial intersection of Rockhouse and Factory Scholes Road and Bullet Roads prior to obtaining any permits. Staff is recommending approval with conditions of the resoning and the special use permit request with these conditions being number one, the applicant is required to conduct public sewer system for this development with design criteria and specifics to be reviewed for compliance by the Douglasville Douglas County Water Sewer Authority. And number two, a data center is not a permitted use on this property. And those are conditions from the previous zoning approval where the previous ask was for a warehouse. But now the applicant is asking for a contractor's yard with outdoor storage. And we do ask that the applicant provides an update for their meeting with the community. And that concludes my presentation. I'd be happy to answer any questions.

Okay. Thank you very much, Mr. Cronin. And if I uh remember correctly, uh I wasn't here, but y'all had the public hearing on this matter last month. So we will not have a public hearing at this point in time. Planning and zoning. Do you have any questions of the applicant or of staff on this matter? Okay. Are you okay with the conditions? Uh yes sir. We are we are happy to comply with the conditions that staff has set forth. Yeah. Okay. Planning is zoning board. Any questions? No hearing none. Madam chairman, I'll throw it to board of commissioners for any questions you folks may have.

Okay. Y the floor to the board of commissioners. Certainly. uh if we could only manage come up if you could refresh my memory on those conditions please. Uh sure thing. So the conditions that uh Austin had shared with you they're they're asking for several conditions to be removed and so the only two that would remain on the property. U the applicant is requiring to be connected to the public sewer system. Um and then also that a data center is not permitted. So those were there previously. Another condition. I'm sorry. There's also a third condition. I'm very sorry. Thank you.

The outdoor storage shall be screened from view by an opaque imitation wood vinyl fence, polymer or composite based material, opaque fence or freestanding wall no less than 6 ft in height and made of decorative block or stone and appropriately landscaped and maintained. I thought we have Thank you. Thank you. All right. Okay. And so again, those those would be the conditions and um if you will recall this was deferred to give time for the applicant to work together with the representative of the Parkside neighborhood. So we have both the applicant and uh the neighborhood representative here. if you have any additional feedback from them in terms of that meeting or would like to hear any additional feedback then they can both speak to that. Okay. Thank you so much um manager. Any questions? Board. Okay. Commissioner Kenna Jones, you have the floor.

Thank you, Madam Chair. I would just like a brief update and I do appreciate that you all did keep us informed via email that you had scheduled the meeting. So, if you could just let us know what the outcome of that was um with your meeting with Parkside.

Yes, ma'am. Uh we met with Jatan uh Osborne and Malcolm who are two representatives from the Parkside neighborhood. I would say that the conversation back on the 15th of December was a very constructive one. Um we did a Zoom call with them and during that we presented what I would call is like five really critical pieces of information on the project. Um first what we presented to them is that currently the site is zoned and approved for 119,000 square foot warehouse. uh for this project for the build the suit we're actually reducing the developable uh footprint of the building uh 93,000 ft². So the new building is going to be 26,000 square ft and contain quite a bit of professional office training facilities and maintenance facilities for plateau. Okay, that has uh in our opinion uh one really kind of critical uh benefit to the project. It's going to reduce the traffic that's expected to the site. uh pretty dramatically. Uh the updated traffic memo that we shared with the neighborhood when we spoke is that it's going to reduce the total traffic counts to the site about 33 cars per day and the total truck traffic to the site 49 trucks per day. Right? So that's going to have a pretty significant benefit to the area and the community in terms of the the traffic going to the site. Um, secondly, uh, we really kind of tried to orient them to where our site was in relation to our neighborhood. I'm not sure if I can scroll through this, um,

back and forth. Oh, sorry. Other way.

Yeah. Thank you. Yes. So, if uh if you can see this, you can see the area that's outlined in blue uh that says site is our property. Uh the Parkside neighborhood is to the south of there and there's about a 70 acre wooded buffer between our site and the park uh the Park View neighborhood. That site very well could and and will be developed in the future, but currently uh there is no part of our property that abuts their neighborhood and at nearly 4/10en of a mile away. They should have no really sight impacts or visual impacts from their neighborhood to our site. um was the second thing that we we outlined for them. The other thing that we outlined for them uh is uh one of staff's recommendation of the fence guarding the out uh the outside area, but also that we're going to landscape it uh in accordance with the quality growth and overlay district. Right. So, the the building should have a very nice professional appearance uh and it should not have any kind of like optical issues for the uh neighbors traveling through the area. Um the third piece of information that we shared with uh Jaton and Malcolm is that um the the real benefit to doing a build to suit here is that we're going to have a long-term tenant uh 20-year lease in place at this site, right? And um Plateau is committed to being a very good um community member here. Uh currently the local roadway signs prevent trucks from turning right and going down to the Park View neighborhood. And we've got Greg Far uh here with us today who will be managing and leading at this site and um and he can speak to this but uh they will direct their employees to not turn trucks to the right and go down to the Park View neighborhood. Right. So we think we have a very good partner here who's going to be in place for a really

long time. Plateau's been in business for over 40 years. Uh so we think we're going to have a very good uh relationship here with the community due to having a known tenant in place that can go into this site. Um the fourth piece of information that we share with them uh I know at the meeting Jaton brought up storm water concerns and runoff from the property. As you can see it's quite some distance but uh our engineer can speak to it as well. We we're going to have this site designed to the proper uh storm water code. They should have no issues with any storm water runoff from our site to their neighborhood. And then lastly, um, uh, you know, everybody I think across the Atlanta MSA is always concerned about traffic. We relayed to them that we've worked very closely with DOT to come up with road improvements to this intersection that are commiserate with the traffic volume that'll be going to the site. And, uh, we feel like we've got a very good plan in place to handle that traffic volume uh, coming and going on a daily basis. Um we think that after the meeting uh we've um we've uh had a developed a very good relationship with the neighborhood and we hope that they can see that this change in uh the approved development is um is actually a good thing for the community.

Thank you. I appreciate that. And Miss Osborne, you um represent, could you come up? And were there any additional outstanding concerns from the residents or do you feel like your your concerns were resolved at the community meeting?

So, we did have the meeting. Um we did ask a lot of questions because we do have concern with traffic. Um the use of the property is going to be a little different than what we're used to because they have like a bay, a wash bay, but we still had concern about the traffic. Um we also wanted to recommend that the entrance to the area come from um I can't even think right now because I'm just so irritated. But anyway, um I'm sorry, from the other side, um off of the side street and not come from Rock Hill, Rock House Road, I'm sorry. And that's because it's in the curve. It's also in a blind spot. So, when people are going up and down the hill and going around the curve, that's a blind spot. And we're already having issues with runoffs. So, we have people flipping um their vehicles off of that street. the traffic. It may die down later, but in the beginning just to build is going to be massive traffic that we're already dealing with. Um we also have concerns because we have um vehicles that are getting damaged by all the traffic of the trucks that are coming through that area. We're just trying to figure out how it can be done differently because it is further away from us. It is but however the impact of our community is still going to be there even though it's further and we had a misunderstanding because we didn't know. And then also the fact that um you guys took liberty and we appreciate that to notify people that are within a hundred yards from these buildings. However, we're the only community left and so we would appreciate that something is sent out to the community so that we could prepare for it. Um as the board, we are here to protect the community at all costs. We did realize that it's further away than what we thought because we were here for another project. So again, we're dealing with three different projects right now. We're dealing with legal um for land as well as another

data center. So we have a lot on our plate. Um once we met and we realized how far it was from it, it was a little different. But we would have would make the recommendation that they don't come off of Rockhouse Road. We have signs there already that says no trucks and no one is following that. Right. And they're going past our homes. in between our homes is more traffic than I've ever seen and I've only been there since 2018. Um so we have a lot of concerns. We did discuss that with the um team and we also discussed is there any way that they can come off well I can't think the street that the fire station is on Douglas Douglas Hill no Douglas Hill

Douglas Hill yeah coming from the backside instead of coming out of that curve because it's been very dangerous for the community. Thank you. Thank you, Allison. Um, this question I guess would well I'm not sure if it'd be for you or more for a design question, but is it feasible to have the entrance off of Douglas Hill?

So, I'll defer to Bruce Mercer on that with Douglas County DOT. Hey, good evening. The question was, could they possibly have another basically entrance to the property? Yeah, could if the if it could be oriented so that the entrance to their property, the majority of the traffic is on Douglas Hills Boulevard as opposed to off of Rock House Road to mitigate the impact to the last residents that live on that that community.

What we have there is typically we have a development that has access directly to county property. Mhm.

Um the current plan that's under design and and they have come through DRC and we've looked at it and we've actually, if you're familiar with that area, um it's Bullard Road actually forks and creates a little triangle. Both of the access points that are existing for Bullard Road are are not too safe. I have worked with the engineer and said, "We own the triangle property and we would like to have your drive access relocated in the safest area possible so we can improve that intersection." Now, to go back to address can we reroute and go through um Douglas Hill, that would require road improvements outside of their property. And there has been a culde-sac um that was constructed at the end of Douglas Hill Road that would have to be torn out, but I don't I don't have the ability um to enforce to do offsite improvements for that.

Understood. I appreciate it. Thank you, Madam Chair. I yield back. Okay. Thank you so much, Commissioner Kenner Jones. Any other questions for Okay. Oh, I did have one other question. Okay. Um, managing director Duncan, is there a difference between the quality growth overlays landscape and y'all's original condition for the landscaping? I don't believe so. I'll I'll defer to Austin Cronin on that. Looks like he's shaking his head. Sorry, Austin.

No worries. Oh, the screen went out. It's a little odd. Um, so the condition for the outdoor storage screening, it does not differ from the quality growth. the quality growth requires any fencing not used for screening to be um decorative block stone or decorative metal. And so that's what we've put in here. And applicant, you were fine with all three of those. I understand you wanted the um requirement to fix the intersection removed, but you're fine with the other three conditions as read in by staff. Yes, ma'am. Thank you. I yield back, Madam Chair. Thank you. Okay. Thank you so much, Commissioner Kenna Jones. Uh, manager Duncan, if you could for me for a second. Yes, ma'am.

Has there been any discussions about redirecting that traffic from Rock House Road? Any plans? Anything put up? It may be a question for the applicant just to DOT. Let me So, DOT or the applicant? Um, so to try to redirect the traffic. Yeah. Just is it any He said it was a culde-sac there. Is it any I think the primary concern and I'll defer to uh Bruce Mercer on this, but I I think the primary concern is that to to do anything other than what is presented and we can go back to um that concept plan would require off-site improvements on property that the applicant doesn't control and that I don't think the county controls either. So, if do you want to take it from there? So, who controls it? Go

ahead. I'm sorry. No, I just want to know who control it. You're saying you don't. We don't control it, but we want to hear our citizens. They said if we could give them some relief off of Rock House Road.

Yes. Okay. Based on the current code, we're able to enforce um road improvements or include road improvements along the property frontage. Then beyond that, if typically if a um development has enough trip generations, then you look at possibly making off-site improvements. And in this particular case, we would have to extend um the top left of the the display there. We would have to extend the road southerntherly or northeasterly to um to a culde-sac that's already created on Douglas Hill. We would have to punch through that, which is several hundred yards away. Okay? You know, I'm surgical on y'all. Sometimes our surgeons will find a way to get there. I was just trying to thank our citizens.

Okay. All right. Thank you. All right. If there no other questions, I'll yield the floor back to you. Thank you, Madam Chairman. Planning and zoning board, you've heard the discussion. We have two items here. Uh [clears throat] do I have a motion on Z2025-85, the uh zoning portion of this request? This Rob Thomas. I'd like to make a motion to to first approve Z 2025 85 uh reszoning light industrial to light industrial without conditions. I have a motion. I have a second. Second.

I have a motion and a second. Do we have any discussion planning and zoning? Hearing none. I'll call for the vote. All in favor of approving Z2025-85, please signify by raising your hand. All opposed. Thank you very much. Uh, Madame Chairman, Z2025-85 comes to the board of commissioners with a recommendation for approval. Okay. Thank you so much. Board of Commissioners, you've heard all the questions and answers. Do we have a motion? special. Madam Chair, I make a motion to approve agenda item Z 2025-85 with the conditions as read in by staff.

Second. Okay, we have a motion and a second. Any discussion, board? We have a motion and a second. All in favor, please indicate by raising right hand. We have a 50 unanimous vote and the motion carries and I yield the floor to you. Thank you, Madam Chairman. Okay. Planning and Zoning Board. Do I have a motion on the special use permit S2025-86, please? This is Frank Payne. I recommend approval of S2025-86 uh a special use permit for contractor's office and outdoor storage located on Bullet Road with Springs with conditions. With the conditions as outlined by staff.

Thank you very much. Do I have a motion? Do I have a second? Second. Thank you. I have a motion and a second. Uh, do we have any discussion? Hearing none. All in favor of approving S2025-86 special use permit with conditions read into the record, please signify by raising your hand. All opposed. Thank you very much. Uh, Madame Chairman, S2025-86 special use permit comes to you with a recommendation for approval with conditions that were read into the record. Okay. Thank you so much, Chairman Simmons, Bo Commissioners. You've heard all the questions and answers. Do we have a motion?

Madam Chair, I make a motion to approve agenda item S205-86 with the um recommend or the conditions as read in by staff. Okay. Second. We have a motion and a second. Any discussion, board? Ma, yes, Madam Chair, I do have something to say. Okay.

Um, I'm thankful to the applicant that you brought a project that is a significant downzoning from what was previously proposed, but I hope that when we have our land use retreat that the board of commissioners thinks very seriously and critically about what land use looks like, not just in 5 years or in 10 years, but in 20 years. Because when these people bought what they expected to be their forever homes, I cannot imagine that they thought that they were going to be surrounded by four or five warehouses, a Walmart distribution center, uh, six data centers, and now an outdoor storage yard. I don't think anyone sitting up here wants any of the things that I just listed off directly adjacent to their neighborhoods and their communities. And we have to stop doing that just because we felt like the people who purchased there didn't have as strong of a voice or as much money as the property developers coming in. It's it again I I'm very thankful that you guys did take it seriously and speak with them that you're bringing a quality project that you took care to think through what it would look like for the quality of life for these people. But I sometimes just drive down Rock House to see if the signs have been put back from the last time a 18-wheeler has come through and plowed through their community entrance sign or knock down the stop signs. Knock down the no. How do you How are you in a tractor trailer and you knock down the sign that says no tractor trailers on this street? It's the

It's wild. And I mean it's unacceptable and I feel stuck because there's nothing that I can do for you. Um, I I just hope that we take that more ser seriously and put appropriate uses together as opposed to this hodgepodge and habedasherie of of uses next to people's neighborhoods because it's not fair. Madam Chair, I yel back.

Thank you so much, Commissioner Kenner Jones. Look, any other any other discussion board? Any other discussion? I do have a question regarding is that I have some discussion. I would love to see some cameras. You know, you have the truck signs there saying no trucks and they're still there's some violations, but there's no way to monitor that the bad behavior for lack of a better term. So, that's something would love to see some cameras along that area so we can site give some citations if necessary. So that's my piece because it is certainly an effect on our citizens when you have truck traffic coming through a residential area. It really is disturbing and um I am really echoing the sentiments of uh Commissioner Kendall Jones. So thank you. If there's no discussion, board, we have a we have a motion and a second on the floor. All in favor, please indicate by raising your right hand. We have a final unanimous vote and the motion carries. And uh thank you. I yield the floor back to you, Chairman S.

Thank you very much, Madam Chairman. Best of luck to y'all. Uh next, next [clears throat] you want to uh stand by for about a minute.

Never mind. Thank you, Jesus. Right. Yeah. [clears throat] Okay. Next agenda item, please.

All right. Next item. Agenda item we have is Z2025-73. This is a resoning. Applicant is Shre Development LLC and the applicant is here on behalf of this project. Uh so this is a request for resoning from residential low density uh and heavy commercial with conditions to a planned residential development. Um this is for a residential community located on Highway 92. Uh this is approximately 10 acres in size and it's in commission district number two. Uh so in regard to the existing conditions, the proposed project is comprised of two parcels. Um both parcels have single family detached residential structures on them. The property at 2304 Highway 92 was reszoned several years ago. You may recall it was reszoned for general commercial to serve as a law office. However, it never materialized uh for that use at the time. So, the applicant has also filed a variance application concurrently with this resoning application. Uh the variance would reduce a portion of some of the required perimeter buffers from 50 ft to 25 ft. Uh and when we show you the site plan, we'll share with you a little bit more detail about that. Uh we would like to say that the applicant has worked very closely with staff to try to come together with a project that does reflect the goals of the highway 92 LCI as well the comprehensive plan. Part of what we're trying to do is encourage a greater diversity um of housing type along that corridor uh to provide greater options um in terms of the the style and size and price point of housing that the community is looking for. Um so this project includes a mix of single family detached units as well as single family detached units that are divided as two quadplexes. [clears throat] So there would be four units within that structure. It includes single family attached town home units as well as single family attached stack town home units. And so again it would be substantially similar from the outside as a town home but it would have uh two to three residential units inside. Um it also includes several single family attached live work units. and I'll provide a little bit more detail about that when I show you the site plan. Uh the revised site plan also includes two small pocket parks, a

neighborhood park, and a dog park for use by the residents. Uh so the revised project includes rear loaded alley parking. Um and they will have private roads. So this will be a gated community. Um and the project approval would be uh subject to the overall regulating plan, the overall development standards and the architectural pattern book. All of that was submitted with the application and is included in the staff report for this item. So here we have the relevant code sections as well as the prior zoning action that I had alluded to previously. Uh so we um have been very pleased in working with this applicant over many months. They started with a site plan um that we thought didn't reflect the true character that we were trying to encourage along the Highway 92 corridor. Um and just want to say that they have worked very closely with staff to accommodate a variety of requests. So that includes aligning the project entrance with the Carlton, which is the project opposite uh of Highway 92. That was a request from our DOT. Um they've ensured that the project meets the requirements for entry distance as required by the fire department. Um and then they have been aligning a variety of uses and architectural styles with the recommendation of the LCI update along the Highway 92 corridor. Um so there will be the required variance. We can speak about that a little bit more in detail in a minute. should the board be inclined to approve the project. The variance does follow subsequent to any zoning approval. Um the project does include five live work units at the front of the property. I'll show you an image of that in just a moment. But we want to make sure that um we're clear that these are small limited uh service commercial in nature. So each of those units is only about 500 square ft. And in the event that the commercial component is not viable, the overall development standards do contemplate that those units can be used for strictly residential purposes. Um, but it introduces a new building type on the corridor that we haven't seen previously. Um, and as you've heard me say many times before, when we get new leasable commercial space in the county, that space does get taken up. Um, we haven't had a lot of commercial coming online for a variety of reasons, much of

which I think is market based um, recently. But when we have uh asked for developers to include some limited amount of commercial space in their mixeduse projects, we have observed that that the tenants do move in there and they are the kinds of things that the community has asked us for in terms of shops, restaurants, and things to do. So, we [clears throat] appreciate the applicant being willing to to take a chance and try to design something that will meet that. Um, so again, and speaking of the commercial and the residential, we do think this is primarily a residential project. there's a very small footprint of non-residential use contemplated that really is more for that uh home office scale um or limited service commercial scale. So, we do think the planned residential district is the appropriate zoning classification. Um the applicant has also agreed to stipulations for a fence to separate from an adjacent property as well extending the sidewalk to the intersection of Mac Road. So, we do want to kind of put that in the record that those were some specific uh feedback that we got from the community information meeting and so we do appreciate the applicant being willing to accommodate that. Um, and then finally, uh, there was an impact statement from Douglas County DOT that does indicate on street parking can be a little bit problematic under our code, but if approved tonight, we have been working with the DOT and understand that it is something that could be worked out through the development review committee process. Um, so just wanted to clarify that as well. We have reviewed the criteria and the zoning code and we have found it to be substantially compliant. Um so here is a zoning map showing the front portion of the properties highlighted in blue. That's the commercial portion that we spoke of previously. And then the rear portion is zoned residential low density. Here's an aerial image of the property. Um and so this is the site plan that I have alluded to. What you see towards the rear of the property are the single family detached homes. Those colored in pink are those that would be just straight single family detached. Those colored in green are the ones that would have the option for some quadplex units to be built into those. We have a number of town homes in the gray through the middle. And then in the red, those are the properties that have been identified as stacked town homes. So again, that

might be two to three units in substantially the same footprint as a traditional town home. And then the properties highlighted in blue in the front are those live work units. Um, and I'll provide a little bit more detail. So this is an example elevation that we have received from the applicant. um showing details of what those could look like. And then here is a view of that rear portion of the property around a central green space with rear loaded alleys. Um showing to the left of the image the the two quadplex units and then the single family detached um to the right of the image. Uh so here's another example elevation of the quadplex units and an example elevation that was provided to us um of the of the live work uh town home units. Um so we have looked at the future land use map and the character area in the comprehensive plan and we do find the request to be substantially compatible. Um this would be bound by a set of uh overall development standards tied to the regulating plan that I just shared with you. All of that information um is included in the staff report for this item. And so therefore the staff is recommending approval of the resoning request um with the findings that the granting of the resoning will not modify the intent, purpose or spirit of the unified development code. that the granting of the resoning is compatible with the highway 92 LCI and the mixeduse corridor future land use classification of the Fairburn Lee corridor character area of the comprehensive plan and number three the granting of the use will not adversely affect the public health safety or welfare and reflects best practices. Finally, we are proposing one condition which is that project approvals are subject to the overall regulating plan and development standards referenced in the staff report and included in the file for the application and that does include my presentation and happy to answer any questions at the appropriate time. So, thank you.

Thank you very much. Uh, at this point in time, I'll open the public hearing on this matter. Anyone wishing to speak in favor of this application, including the applicant or the applicant's representative, uh, you have two minutes per person for an allocated time of 15 minutes. Mr. Fowler.

Good evening everybody. Joe Fowler, Post Office Box 49. Allow me to introduce the developer, Zach Murray. Next to him is Asia Bronner. She is the engineer that designed all of this. We've been working on this project since I was in high school. We agree with all of the recommendations. Long time actually several months doing interacting with the staff about what would be appropriate. We agree with the recommendations and conditions from the staff. We commit to the homes that are being constructed and they will follow the designs that you've seen in the visuals a moment ago. The project mix includes all those that you've heard. It's a gated community, single family detached on the eight loots, eight lots that are purple. On the north, as Allison just mentioned, the live work town homes are on the front in blue. There are five of them altogether. There are four plex lots at the back rear in green. That was also mentioned. 38 town home lots. Those are in the center in gray. 12 duplex stackable town homes. They are in the salmon color behind the live work town homes and there's a community park. You saw it earlier on the plan adjacent to the single family detached and forplex lots. All the houses as mentioned are rear loaded. There's a need for a variance along the periphery on the north. You'll see up there that application has already been submitted. In terms of building materials, our client has worked diligently, as noted, to meet the style and architectural recommendations of the staff and to comply with the applicable overlay highway 92 LCI recommendations and we appreciate your approval. The designer, the developer, engineer are able to respond to any questions that may be raised concerning this. Thank you.

Thank you, Mr. Fowler. Anyone else wishing to speak in favor of this application? [cough and clears throat] Seeing no one moving, I'll close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition to this application, please approach the podium. [clears throat] If you would state your name and address for the record and you have two minutes.

Sure. I'm Susan Buouie, 2935 Flowers Drive here in Douglasville. And I'm not necessarily opposed, but you don't have a I don't know section. So that's really what I I I don't know enough about this. I know that I live off of Fairburn Road, and I know that now with the changes, in order for me to leave my neighborhood, which is Flowers Estates, I can't make a left-hand turn on 92. I have to go a quarter of a mile out of my way and make a very dangerous U-turn. And there are four of them that I can choose from. And after 2:00 in the afternoon till about 6:30, you cannot go north on 92. So now we're talking about putting some more houses and we need them desperately because we need affordable housing and I want it. But I need you to understand that we may not be able to support it. You are putting this across the street from the Carlton. We've got the trails. We've got that studio. We've only got four lanes on 92. We can't maneuver. We are landlocked. In order for me to leave my neighborhood, I have to go through all these other neighborhoods. Cut through. Go through my neighbor's neighbors neighborhood. And then when I get to 92, now you're going to put another bunch of houses. And now I'm not going to be able to turn left again. So I'm going have to keep going down the road. And I'm going to keep intruding into my neighbors neighborhoods. And that's not fair to them. Then you've got Chestnut Log Elementary School. I don't know how many houses. I think someone just told me there might be 85 or 89 units. I don't know how many children [clears throat] are going to be there, but that little school can't hold it. As a former substitute teacher, I taught there a lot and that school is tiny. Where are we going to put these kids? So before you decide, just take that into consideration. I'm not against it because we do need it. Just find a way

to make it liveable for those of us that are already here. That's all I ask and best of luck to you. I really want that for you. Thank you. [laughter] Thank you very much for your comments. We appreciate it. Anyone else wishing to speak in opposition? If you would uh approach the podium, state your name and address for the record and then two minutes. [clears throat]

Good evening everyone. I'm Sonia Compton, PO Box 5761, Douglasville, Georgia. I'm speaking in opposition to this complex. I've met with um Mr. Murray who's a very nice guy. It's very beautiful what they are proposing. It looks very nice, but we're talking about putting 84 units and as the lady said previously, I live right off of Fairburn Road. I see the traffic coming in like say from 2:30 to 6:00. It is horrible. It is, you know, I guess they're coming from Atlanta coming here and you just it's car after car after car. It is terrible. Does anyone did anyone consider changing the infrastructure to accommodate the traffic? That needs to be considered. If you don't live over there, it doesn't affect you, but those of us that do, it does affect us. Also, has anyone spoken with anyone with the school board and find out what the impact of all these additional units will have on the school? You got the Carlton right across the street that's got about 800 units. I don't know, but it's a bunch. Uh you got the trails right down the street. What impact does that have on our school system? Has anyone talked with anyone on the school system? Guess it's a rhetorical question. Has [clears throat] anyone spoken with anyone at the fire department? Can they accommodate if there's emergency? Do we have the units? Do we have the people? Do we have the personnel that can come out and handle these situations? That needs to be looked into before you go and approve something like this. We have to take into consider consideration [clears throat] all of our citizens in this county. Now, a lot of people may not live over there, but they do travel that road coming home and going to work every day. That's just it's horrible. And last but not least,

we're talking about 84 units. 84 units. And I looked at them. They're very pretty. They look really good and all that. That's nice. But we have to consider the people who live over there who travel on that road. Thank you. I know my two minutes are [clears throat] up. Thank you for your comments. Anyone else wishing to speak in opposition? Seeing no one moving, I'll close the public hearing on this matter. Planning and zoning board, do you have any questions of uh Mr. Fowler, the applicant or staff on this matter? Mr. Rob Thomas, I had a question for the the applicant first. Yes.

Um kind of address some of the concerns. Uh traffic study. [clears throat] Um yeah. Yes, sir. A traffic study was was done and Mr. Mary, you want to talk about that traffic study or either the engineer, Miss Brook, if you'd state your name and address before you start?

Absolutely. I'm Zach Murray, 186 Parker Road, Mcdana, Georgia. Um, I also share the same sentiment. I'm kind of not one of those developers that's looking at just the dollar amount. I'm looking at the experience. So, we did the traffic study ourselves and the conclusion of that was there was not enough traffic for a traffic light like um I'm willing to look at other options uh if that's possible because I'm not only thinking about the experience of the citizens who live here. I'm also thinking about the new owners and guests that will be participating in that development as well. So, uh, we did have that consideration ahead of time and the traffic study came back that it was not enough vehicles per hour in order to make any changes.

Okay. Another question while you up. Um, have you this is a a unique um, PRD that we're doing that we're proposing here. Have you done these before? This is a you know, especially with the uh, live work town homes. Have you done these before somewhere else? Yes, I I've seen the success of those. Uh there's plenty examples that are more popular like you can look at SarinBe that has a lot of them. They are a lot and uh East Atlanta as well as the uh Interlock. Uh I have seen the success of that. I've done mixeduse developments before. um this result of a product actually came from uh your your staff recommendation and some of the things that they've shown us about the middle missing home um which I I'm actually a fan of and think it would be a very positive uh development here and not a product that's offered.

Okay, great. Back to the back to the work live work town homes. They're about 500 square foot is is the size of the commercial side. That's that's our guesstimate as of now. Uh when we actually get into some engineering, there may be some possibility of larger. Uh but if you can imagine a small cafe or a salon um or even you know some of the other smaller offices, they it's not much needed to that. It's really more as an asset for those local residents. Okay. So basically for the residents to use it for their personal business or something like that and and transit. Correct. Correct. So could they sub that amount to to other

It's their property. So we wouldn't control that. [cough] Okay. All right. And it's roughly 500 foot is what you're looking at. Give or take 5 to 800 square feet. Okay. All right. So that would accommodate your small cafe as well if if it was needed. Okay. Great. All right. I yield. Anybody have a question? or anything else planning and zone. Yes. Or Craig. Yes. I have a question on these uh what type of uh occupy in the town homes would be be 221 uh 32 32. Absolutely.

Okay. And do you have a price point that you're looking at those 32s? I know it's going to be some of it's going to be conjunction with those facilities underneath. Correct. Uh well, the the flex space would be a different price point than the town homes. Okay. Uh but we were looking at starting at the low uh the high 3s around 375 to 400. Okay. So 400. Okay.

Um now you said this will be a gated community. Have you [clears throat] got with the local, you know, public safety and requiring fire and rescue access to get inside of that, especially in gated communities when there might be an emergency? Absolutely. Uh, our engineer could actually speak more to that. Uh, we actually modified our entire plan uh in order to accommodate uh the recommendations. Okay. Okay. No further questions. Um, I just have a one or two questions. Sure. Uh you mentioned that the uh all of the units will be for sale, right? The homes.

We we are trying this out. Uh I would love for it to be a fee simple since this is a product that we are trying. Uh I'm not sure in some of the manner that we have like the quadlex being in there whether that would the market would dictate a sale of a fee simple. Uh so I would say it may be a mixture. Reason I'm concerned is because uh we approved some units down further uh that were to be fe simple and they end up uh being rent rentals and uh uh so I'm really concerned about that that aspect because you have all of these apartments already and you know that definitely would would add to uh uh to traffic situation that we're talking about.

Yeah. No, I and the quality too. The quality

and I do understand the concern. Uh our preference is definitely to have a fee simple product, but in trying this middle missing house, uh when you have a variety of products within that area, the evaluation of what that value would be and who that would be, what I would not want is a empty product. So I would ask for some leverage in order to make that decisions like whether the flex space would be able to be accommodated out here and whether that would be able to be a cell is something that we really haven't seen within the market. So I wouldn't want to be stuck in an area to where the market isn't caught up with it as of yet. Um, I know you all have tremendous growth, so I I definitely feel it will be of value eventually, but this is kind of a a first through the door situation, so we're unsure of what that would be.

Okay. Thank you. Any other questions? Planning and zoning. Hearing none, Madam Chairman, I'll throw it to the board for commissioners uh questions.

Okay. Thank you so much, Chairman Simmons. Board of Commissioners, we have any questions at this time? Commissioner Kenner Jones, you have the floor. Thank you, Madam Chair. Um, this question is for um Allison and may be for legal um because and I apologize, but my brain is not working as well as it normally does. It's 8:00 at night. Um but in terms of conditions, there's we can't condition like a minimum or maximum number of units that can be for sale. That's something that would be up to their code, covenants, and restrictions. We wouldn't. So, we do have the uh provision under the code about a community that would be like a straight to rent community, right? And that does specify, I think, if more than 10% of the units are proposed to be rental. Um, at the time that it's built, they would have to come to this board and seek additional approval under the special use permit. We don't otherwise have a great mechanism by which to control whether something is, you know, fe simple, for sale, or for rent. So what would a condition look like that would require them to come back for approval if they want to have more than 10% of the units be available for rent?

So I I think that I don't know that you would necessarily need to condition because you have the provision in the code. I think here's the the thing that we don't have a great way of controlling not just in Douglas County but I would say you know statewide at all. Um if like say for example we go back to um let me find this picture right. If we go to like this quadplex unit, right, we would probably need more discussion with the board to understand if this is sold to like one person and that person or company leases out the individual units, that wouldn't necessarily be a violation of that provision of our code, right? Um, and so [clears throat] the same thing like when we talk about the live work space, and Zach can tell me if I'm not getting the pictures right. Um but again the idea is that maybe one one unit would be sold to one person right and then that person could reside on the upper floors and use the space below for their own kind of home office use or that uh whole unit that they could lease out the commercial space of the unit as well as lease out the residential space of the unit. Right? So there's it's hard to use zoning to control whether something's going to be investorowned. Um, and that's the conversation that we've had previously about that. Um, I think that there's a difference between that model and maybe kind of like the the one corporation owns the whole thing and leases each individual unit. So, I think that what you have in the code under article 3 about the more than 10% of the units that controls for the latter, right, where um like we saw with the Bridalwood project that uh Mr. Payne referenced, right? That is one entity that controls the entire project and they lease those units individually. That's what we have the mechanism under the code to control. What we have less ability to control is somebody who wanted to just come by one of those units and lease out individual spaces in those units. And I don't know if that was clear enough at 8:00 at night. So I apologize if we need further discussion on that. [clears throat]

Okay. Madam Chair, yield back. Okay. Thank you so much, Commissioner Ker Jones. Any other uh Commissioner Braxton's hand up first? No worries. All right. This is for the applicant. So, as far I mean, excuse me for the architect engineer, [clears throat] gentlemen. [laughter] Well, let me start with Yes, you. Yeah. This Asia, I can pivot my question here. So, one of the things I did not see is the parking. So, where is the parking going to be? And is there like garages or what does that look like?

Yeah, so I can go back to the site plan. So, um you'll see that there are 20 foot wide alleyways around the detached town homes and um the town homes along the front. Um there are some that are 14t wide, so they're all rear entry homes. Um, for the commercial, you'll see 10 uh parking spaces in that parking lot next to the commercial space so people can access the retail from the sidewalk. Okay. So, it's a 10 for when you talk about retail. I'm just thinking about um will there be traffic outside of the community that [clears throat] will utilize retail?

So, the retail parking is outside of the gate. So, there's a gate uh after the parking um the surface parking. Um and then once you enter that gate, then there's parking for the mail kiosk. You'll see next to kind of like that double row of town homes in the gray. Um and then everything else is rear entry. Okay. So, I'm just trying to get a concept. Then, if someone is coming for retail and has to park in the retail, how far would they have to walk to? Not far at all. So, if you see [clears throat] um and I don't know if I can I wish I had a a pointer, but um

there's a parking lot. If you look at the blue, the row of blue, the parking lot is to the left of the row of blue. So, there's also a sidewalk. You can't really zoom in, but there's a sidewalk that goes right there. Okay. ADA spaces and Okay. [clears throat] All right. Well, thank you for clearing up about the parking. Yep. Uh my next question is I know we had talked about as far as the price point for the 32 town houses and I was just curious as far as the price point for the single family. What does that look like? Um I'll let that Okay.

Could you please come to the podium please? Thank you. Uh the single family will start around 2200 ft² to 2300 ft² and they would have the same uh [clears throat] so it would still be around the low four to fours for a single family. Single family. Okay. And what does the single family look like? What is that composition? Is that a 42 43? Just trying to uh it would probably be a 42 and above. Uh there may be a 32 with an office that I've also considered but still within that same style of footprint. [clears throat] Okay.

Okay. Thank you. And then I guess my last question. I know you said that you conducted a traffic study. I'm just curious, was there additional traffic studies done by the DOT or you did this independently? I just want to make sure I get clarification on who did the traffic study? We did one independently. Okay. Um, and we have been in discussions with DOT and staff uh on a regular basis. Um, and I'm I'm not opposed to whatever we have to do in order to have traffic relief. Uh, but obviously [clears throat] I can't control what DOT will approve and do it myself. Okay. Yeah.

All right. So maybe Allison, is there will there be another traffic study or I just want to understand better from the DO's perspective what's next step there? Yeah, I can defer to Bruce Mercer for any of the questions about the the traffic impact um on that and uh just just conferring with legal about the question about the ownership if we want to revisit that after um DOT answers the questions about traffic. Okay.

Yes, the um traffic study that was submitted um through DRC initially is sufficient. It meets everything that we were looking for. So there there would be no need um from our behalf uh to generate another one. And and again this is also a G dot maintained road and I know there's some probably questions in the back of our mind concerning a traffic signal. Um we've looked at the warrants. It's not warranted yet. We do understand that um highway 92 is saturated

um but not to the point that G do's ready to improve that and not to the point that it wants a signal [clears throat] uh at this proposed location. Most of the traffic as you'll look at the site plan will probably I'd say 70 plus percent will want to turn right and go north. And when you do a traffic study, you don't you you remove your right turners because they can they just catch a gap and go. You're not waiting on a signal. So you have to that that even lessens the potential for um a traffic signal. [clears throat] Okay. All right. Thank you for the explanation.

All right. U Madam Chair, I yield the floor back and I know that um mansion director um had a followup to previous question from commission.

Yeah. So we were just talking a little bit about what the options um would be if we wanted to look at something that required uh fe simple ownership or condominium ownership for the project and in lie of that coming back. Um I I think the recommendation would be if you are concerned about that to defer and allow legal to explore it. Again I think it goes back to Mary can certainly address anything that I say incorrectly. we just don't have a great mechanism to control how ownership transfers. And that when I say we, that's like the royal in zoning. [clears throat] This is just not the tool um that we have uh to control that going forward. But I think you could do some additional research about what other communities have done. We do have that provision about, you know, the the straight to rent community. So I think that that would preclude the entire thing, you know, from becoming um a rental community as was the case with the one that Mr. pain pointed out that was um further north on the property. But if it just wanted to put that on the on the table that couldn't think of a solution quickly, but if you'd like more research to be done, we're happy to undertake that.

Okay. Thank you, Commissioner [clears throat] Mitchell. Yes. And Allison, if you'll stay there, just stay on that because that that was kind of where I was alluding where I was going with the the fee simple structure there. So this project where are we so I can get a clear understanding. I I understand the fee simple I the resident I mean the housing uh the town homes duplex blah blah blah. So the quadplex we can't control that based off of a fee simple unless it was a town home or or condo of some sort.

Correct. But this particular project is based on a duplex or a quadplex for rental. That's how this would end up. Correct. Not necessarily because what we do, so we have the overall um development standards. If I understand your question correctly, we [clears throat] have the overall development standards. Um and it does specify certain, let me see if I can get back to it. You know, certain units have to be they have to meet minimums, right? So, so what you see on the plan here is that we've put in there that of all the single family detached, um, those two units at minimum have to be quadplex units, right? And then within those the two that's that's in green [clears throat] there, I guess,

the two green units, right? So, again, what we tried to do is say we want to see a mix, you know, um, of those coming in. So I think if I kind of understood your your question correctly, what what we're saying is that they are tied to this site plan. And as with anything tied to a site plan, any changes have to come back to this body to be, you know, reviewed and approved. But we've given them with the exception of the the live work units. If we find that there's not a market for the live work unit, right, then they have some flexibility to convert that to be entirely residential. Um my feeling alone is that I do think that there is going to be a market for those small leasable um non-residential spaces um because we you know just seeing the the volume of business we process through occupational tax you know and the number of small businesses we have that I think need that next step up

I think it's worth taking a chance but I just want to underscore what Zach said is we we we're putting some ideas out there that we've seen in other areas. I've heard you say, "Let's bring higher quality development to Douglas County." Um, we found a developer who's willing to kind of work with us and take that chance. So, my recommendation is let's kind of work with the tools that we have, which would be that entire neighborhood, you know, going straight to rent, right? We have the ability to control that, but let's maybe kind of work with what we have and see where it goes. Now, if you're not comfortable with that, I totally totally understand and respect that. But you've heard me say before zoning is just not a great tool to use if you're trying to control ownership or the characteristics who lives there like for example affordability. What we can control is through building permit through use types and things like that. So there is the way that I can say hey that building is going to be four complete single family uh residential units right and we can regulate that through building codes and zoning codes. But in terms of who owns it and who lives there, right, zoning [clears throat] is not the tool that

I get it. I get it. Okay. Thank you. I I appreciate it. Uh I yield back. M. Okay. Thank you so much, Commissioner Mitch. Okay. Vice Chair, you have the [clears throat] floor. This is going to be for the applicant or the engineer. Either one will be fine. The applicant or the engineer. [clears throat] So, in hearing a moment ago when we was talking about the single family homes and Commissioner Raxton asked how many rooms are going to be in there and it came back to say 42 possibly possibly more and you said the the parking is in the rear. Yes, rear entry. Yes.

Is there are do they come with like a you know drive-in uh garage or everybody parking outside? The attached garage. How long are the driveways? Um, so that's something that we're still working through. We don't have an exact um idea of how long the driveway is. If you kind of look at the picture, but if you look at the back of the plan, you'll see that some of the buildings are a little bit more to the front, some of the buildings are a little bit more to the rear. Um because we're just in the zoning phase, we don't have the exact building footprint in our drawing at the current moment, but um it shouldn't be I can give you a rough estimate, but I don't want to do that quite yet.

No, no, that's fine. It shouldn't be it it it [clears throat] shouldn't be too um it it'll probably be to where the buildings are right now. So, we have the square footage of the building, but we don't have the exact um footprint in CAD quite yet. Okay. Where I'm going with this is if it's a 42 and say everybody in that home owns a car, people are going to get tired of doing the what I'm going to call the vehicle shuffle and people are going to start parking on the roads. Well, what if we need to get one of our fire trucks down those roads and people are parking on the roads? That's just a concern of mine.

No, I completely understand that. So, we have multiple ways that you can reach uh the building. So, we do have the 20 foot wide alleyways that go around. And so, um that is accessible for fire trucks as well. And if you also zoom in, I know it's kind of hard to see on the screen. We also have 32 foot wide radiuses on all the alleyways, which isn't typical, but we did that for fire truck access. Okay. So, fire fire trucks can reach all the buildings from the road and the alleyways. Okay. Okay. All right. Thank you, ma'am. Yeah. And [clears throat] I hate to ask DOT to walk back up here, but when you sit in the back, everybody's going to pick on you like it does at church. [clears throat]

I'm sorry. My daddy was a pastor. I sat in the back. [laughter] [clears throat] We you said that they turned in a you know a traffic report but that's down around their area. Have we looked in regards to currently the traffic further down that's coming from we know we got the Carlton coming in now this proposed subdivision and your people trying to access to I20. Have we looked at you know the impact that we're having in regards to traffic coming down through there from those developments? Yes, it actually we um had them combine the the combination of the Carlton because they're immediately across from each other. So the traffic um report included the volume from Carlton as well.

Okay. Because the only reason I'm asking that is I sat from Midway Road to I20 the other day for easily 15 or 20 minutes trying to get to the interstate and I feel for those people. I will take back roads before I have to sit through that. And I'm just thinking about the quality of life for our residents because some of that traffic is going to start being deferred back towards Slater Mill down Presley Mill to get over that way. And it's just I feel like we're not making headway in our infrastructure. We keep falling behind. We've been behind. We're trying to catch up, but at this rate, we'll never catch up. And God bless my commissioner in district 3. He's starting to fill it on Chapel Hill. It's coming. And the more I just feel like the more of these units that we allow to come in until we get some infrastructure stability in place and relief, it's it's lowering [snorts] the quality of life for our citizens. And so I was just want to make sure that you guys also looked at that and get I 20 because I'm not a good person to sit in traffic

and it took me almost 20 minutes to get from Midway onto the interstate. I just wasn't I wasn't happy. But anyway, all right. Thank you for answering my question. I yel back.

Okay. Thank you. if you could just remain standing for me. Um can you share with us what the uh impact of Lee Road the you know with the east west connector that's on the radar will it give us any relief perhaps on Fairburn Road and also which is the 92 and I have questions regarding that this is twofold. Do you feel that there will be some relief some kind of way particularly from the 20 as those citizens may want to exit off the 20 and just come all the way across to Chapel Hill? Uh yes, if we once we get the Lee Road extension constructed, let's say you were um traveling from from the Atlanta area, there's really no need to continue to go down all the way to 92 or to Chapel Hill to try to access the Chapel Hill area or west of Chapel Hill. you could jump off at Lee Road and you'd have a multi-lane uh corridor that would carry you all the way to Chapel Hill as as we continue to develop those and it would bypass and help relieve some of the pressure

[clears throat] uh along 92 and Chapel Hill as well.

Are there any plans and you may not be able to answer this from the state level to um u to relieve the traffic or mitigate the traffic on the 92? Are there any uh plans for additional lanes or what are we planning? And then I'll talk about two lights that since I've been in office of my administration put a light on Mount Vernon which we really took a lot of heat about that particular light and Riverside Drive, you know, Riverside Drive, of course. So what are the plans for the state? And you can't probably speak for the state. Do you know if there are any plans? And I could ask if you all would just explore to see what their plans are for the future because the county is not only that that uh 92 is not only utilized by Douglas County citizens, but they're used by the Atlanta folks that's going into Fulton County and in the other direction of course. So

yes, I'm not aware at the moment of any immediate plans for any widen of of uh 92.

Um you know, a lot all that's based on traffic volumes. I think 92 um at its worst capacity is probably 26,000 vehicles a day in in its most uh northern section near the interstate. Um and then the further you go south, that's you know, as cars um look for other alternatives to exit 92, you know, the numbers dwindle. But at at the moment, I don't. But I'll be glad to look into see if there's any forecasting um for some widening there. And certainly we appeal to the state for Mount Vernon a light there 92 in Mount Vernon and also at the Riverside uh Parkway area. Uh I was able to speak to G dot u uh Commissioner McMurray and convinced him to look at a map and you know pull something up and just look at it on the uh screen and he looked at it and said uhoh I see what you're talking about. these other areas such as flowers that was mentioned earlier, that's the same traffic that's coming at those other lights. Are there any other opportunities for lights along that 92? Are those only the two lights that they would go agree to? Because it's the same traffic.

It is um the way signals work that they have to be spaced um accordingly. I think G dot uses a if I remember it's 1300 and some change feet. Um, so there's there's certain spacing that's required before um they'll even allow or consider um traffic signals unless there's a um a a road less than that distance that just generates um an enormous amount of volume. So it has to be

I don't foresee anything immediately. Um, you know, looking from I20 South, um, I don't see anything immediately that would probably generate enough traffic to to install another signal. Okay. Well, I appreciate you saying you would check with the state to see what they're um forecasting uh for the future is looking like for the 92 because it's just going to continue to bottleneck and we know it's a problem. I agree. And it's a state road. Okay. Thank you. Um, manager, if you could just come to the podium for a second. Yes, ma'am.

If you could speak to our impact process regarding schools and the fire departments and how, you know, we're just we're intentional when projects are coming. Can you speak to the process? So, because there were some questions, I would love for our citizens to understand the process because I had the same question as they did. Sure thing. No, absolutely. If you could elaborate, thank you.

Yep. No, no problem at all. Thank you for the question. Um because we do when we make our recommendations, it is based on impact statements that we get from a variety of different departments. Um the board of education does provide impact statements. In addition, we do have a board of education representative that sits on the planning and zoning board, our DOT, our engineering department, our water and sewer authority, our fire department, uh the sheriff's department. They all do provide impact statements. Um in addition to the impact statements that are provided in the record, there are multiple opportunities for various departments to weigh in on a project. So, for a project like this, um, we have them come to DRC before they ever come to you. DRC, uh, is managed by our deputy director, Travis McDonald, and it includes representatives of environmental health, water and sewer authority, arborist, engineering, uh, DOT, planning and zoning, um, fire department. So, all of those departments sit around a table and provide uh, courtesy feedback on a concept plan. So, that's how with this plan that's in front of you, we moved the driveway to align um, with the Carlton based on the request from DOT. they have that straightaway 50 foot that you see there at the entrance of the project. That was a specific request from the fire department. Um, and so we do get that feedback up front before we ever put a project in front of y'all to make sure that what you're looking at is at least viable in theory. Um, and then beyond that, as soon as we get an application uh in, it goes on an agenda and there is a pre-agenda meeting before we actually publish that agenda out to the planning and zoning board and board of commissioners. So all of those same departments jump on a call um before we set the final agenda and just share with us any red flags that they see about a project moving forward. So um so all of that is compiled. It is a part of the record included in the staff report and available as a part of the permanent record that we have all of those departments weigh in and provide feedback about what the impacts will be for a project.

Okay. Thank you. I have no further questions. I yield the floor back to you, chairman. Thank you, Madam Chairman. Planning and zoning board. You've heard the uh discussion. Do I have a motion on uh at Z 2022-73? This Rob Thomas like to make a motion to approve Z2025-73 [clears throat] Tree Development LLC request for a uh resoning from RLD and CH to PRD with all the conditions written by staff.

I have a motion. Do I have a second? That's Chris Small. Second. Thank you very much. I have a motion and a second. Do we have any discussion? Hearing none, I'll call for a vote. All in [clears throat] favor of approving Z 2025-73 uh as read into the record with conditions, please signify by raising your hand. All opposed. Thank you very much. Motion carries. Madame Chairman, Z2025-73 comes to the board with a recommendation for approval with the conditions that were read into the record.

Okay. Board of Commissioners, you've heard all the questions and answers. Do we have a motion? Uh, Madam Chair, I make a motion to approve agenda item Z 2025-73 with the conditions as read in by staff. Second.

Okay. Any discussion board? I do have one thing, Madam Chair. Um, I share the concerns about the traffic. I drive Fairburn Road every day and I turn into a Marine as I'm coming across Lee Road from sitting. So, I get it. But I want you to be aware this is significantly less units than what could fit on that amount of acreage. So I am taking that into consideration and making this decision. The other thing is we have residents come all the time and they say our young people come here, they leave and they don't come back. And I will say for millennials and the generation after this development is what they are looking for because while the price point still seems a bit high and I would encourage the developer to see what you can do especially in the quadlexes and in the units that are over the residential to get the price point down. You can pay a little bit more in your mortgage payment if you are building wealth, but you don't have the other additional home maintenance issues. And that is very appealing to people who are just starting out. Maybe you're a young family that just has one kid. This development makes sense. The other reason that I think that this can work in this area is because it reminds me of a development called Cameron Village in Raleigh, North Carolina. It is a very similar setup with high-end retail on the bottom, smaller purchase units, and the people that have been living there have been living there like this and enjoy that style of living for Cameron Village has been there since my mom was

a kid. So, more than 50 plus years. um at this point. So, it's definitely it's outside of the box, but it's something that can definitely work in that area. I also hear residents say all the time that we have no high-end retail that Fairburn Roads corridor looks like something out of 1975, but in 500 square ft, you can fit a hot wax studio, you can fit club pilates, you can fit um salad works. There's several different franchises that are looking for commercial space specifically of that size that Douglas County really does not have any available. And so that's giving us an opportunity to raise or generate more sales tax revenue and in hopes that eventually we will be able to reduce your property taxes because we can't just keep saying no to everything. Um, and what I don't want to see over there is another unit or another complex that's the same size as the Carlton. Eventually, we're just not going to be able to say no to everything. And so, those are the things that I'm considering in making this decision, but I also hate the traffic and I hope that G do comes and does something about Fairburn Road because it's not acceptable. Madam Chair, I yield back.

Okay. Thank you. I would like to just add any other discussion uh you have the floor. Okay, commissioner.

All right. Thank you. So, um G dot hears from me all the time. Even in district three, it the traffic is untenable. I'm constantly asking for traffic studies, constantly asking to get more lights put up, constantly looking to reduce speeding. So we share these same concerns not only in Fairburn but throughout Douglas County. So this is something that we as a board are looking at collectively. But this is a development and the type of development that we're looking for and we're going to be studying to come to District 3 in the future. We're looking for mixed income, mixed development with retail and housing. And all the time when we're in the community, we're sprouting Atlantic Station or Avalon or something where we're seeing that type of mixed use and bringing in those types of businesses, high-end retail along with accommodating the residents and the income levels that we're looking to attract here in Douglas County. So, with that said, that is why I also um supported and second this particular um petition and we're going to be looking at it very closely because again, we're hearing the needs and we know that there is a need. So, we're hopeful that this is going to be very very successful and you also have our promise that we're going to stay on and continue to look at the traffic concerns here in Douglas County.

With that, Madam Chair, I yield the floor back to you. Okay. Any other discussion board?

Certainly the county is experiencing enormous growth pains and I must say that this administration has been extremely uh committed to making sure that we galvanize and address the transportation infrastructure here in Douglas County. For example, the 92 on the north side of our town, which is New Horizon, that was a 60-year project. It took 60 years that project sat there before your new members and the board arrived in office and we cut a ribbon and that's that was a lot of talking 60 years and then we delivered and then Lee Road is a 40-year conversation and we made that happen and we will continue to make things happen by being innovative sitting at the table building uh relationships and making sure that Douglas County is prepared for the future. We do have a young generation. Unfortunately, they don't want a single house and a picket fence in a yard. They like the microwave approach, or should I say things quick, fast, and easy. So, I understand it. I wish I was in that generation. So, maybe I can rest instead of paying someone to do my yard every year, every every two weeks or every week. So, um I I want to be open-minded about this project. Uh, I want to think outside the box with knowing that we're doing something. If we were not doing anything with our infrastructure, I'll pause for the cause. But right now, we have some big projects under under wraps. Lee Road is, I believe, is it uh Bruce Lee Road is about a $32 million project. Is that 32 million? though that's a $32 million project that the citizens of this county is putting money on the table through SPLAS and uh other means to make sure that these projects

go forward. So, we are uh we're committed to changing Douglas County's infrastructure. It takes time. You know, we arrived when I arrived it was we I I will consider this has been ground zero and we've worked our way up. Uh you had nothing. If you think about 10 years ago, what it looks like now, there's not any comparison. So, uh, thank you all for thinking. Have a, uh, PNZ manager. Thank you for being forward thinking in this county. Okay. If there's nothing else, board of commissioners, we have a motion and a second on the table. All in favor, please indicate by raising your right hand. All oppose. We have a 4-1 vote and the motion carries. All right, we're going to move I I yield the floor back to you. Thank you, Madam Chairman. Uh, our next agenda item, please, Mr. Corona.

You like me again? They're exiting the building of the room. What's up?

Okay, let's go ahead. The next agenda item, S202601.

Yes, sir. This is a special use permit S2026-01 to allow for outdoor storage at 13950 Veterans Memorial Highway. The lot is about 2 acres in commission district number four. A 12,112 ft single dock warehouse building built in 1986 is cited. Gravel parking lot serves the warehouse building where the loading dock is located. Pave parking lot serves the warehouse building in the front where an office will be located. The applicants requesting the outdoor storage on the site for a movie production and set design with light fabrication on the inside of the office or the warehouse building. And you may be familiar with this property. It was brought to you in approximately July or June of last year where the applicants do not have an enduser defined. We've taken a look at the relevant code sections. The prior zoning action in 20 24 um the use case was not defined. There's no active occupational tax certificate on this property and it does not appear that outdoor storage was an accessory use on this property per historic aerials. This section of veterans or this section of veterans memorial highway. However, the applicants intend to utilize an already installed fence that meets the standards for fencing and screening of the outdoor storage per article 3 of the unified development code. An [clears throat] expansion of structures, parking lots, or storage areas would have to abide by any setback as defined in article 3 of the unified development code for the light industrial zoning district. These will be reviewed at the development review committee when appropriate. We taking a look at the special use criteria. It's currently zoned light industrial and here's a picture of the site aerial as it's been developed. The applicant has provided a few renderings. They're proposing shipping containers at the rear within the setbacks of the outdoor storage. It's in the workplace center future land use in the Winston character area. Staff's recommending approval with conditions based upon the findings. Number one, that the proposed use would not modify the intent, purpose, or spirit of the comprehensive plan. Number two, the proposed use would not modify the intent, purpose, or spirit of the unified development code. And number three, the proposed use would not adversely affect the public health, safety, or welfare. Staff is

recommending the following conditions. Number one, at the discretion of the Douglas County Engineer, the applicant shall submit to the development review committee for review and consideration of the specific site development and access management plans to address the development standards in the unified development code and the concerns and requirements expressed in the specific agency impact statements reviewed in the staff report dated January 6, 2026. Number two, the incompatible use buffer where a budding residentially zoned property should not be reduced below the required 50 ft or 30 ft if a structural zoning buffer at least 8 ft in height is installed. And number three, the applicant shall provide a landscaping plan that includes a minimum of three canopy trees, three understory trees, two overgreen trees, and 18 shrubs to provide an an opaque screen subject to the discretion of the Douglas County arburist. And condition number three comes from the quality growth overlay to mirror that standard. And that concludes my presentation. I'll be happy to answer any questions.

Okay. Thank you, Mr. Cronin. At this [clears throat] point in time, I'll open the public hearing on this matter. Anyone wishing to speak in favor of this application, including the applicant or the applicant's representative, please approach the podium. You have two minutes per person for a total allocated time of 15 minutes. State your name and address for the record, sir.

Good evening, ma'am. Madam Chairman, uh, commissioners and planning and zoning board members. My name is Donnie Dean. I live in Atlanta, 375 Highland Avenue Northeast. I'm here to represent Spectrum of ATL LLC. Um, we're requesting a special use permit for outdoor storage at this industrial warehouse. We took possession of this property about a month ago now. Um, we agree with the conditions presented by the planning and zoning staff. The storage will be properly screened and maintained in accordance with county regulations uh to preserve the area's appearance. And we are in the film and television industry, so the appearance of our facilities is is really important to us. Um, we're committed to meeting all requirements and addressing all concerns. Uh, your approval will support storage for manufactured props for the television and film industry, uh, contributing to Douglas County's growth and economic opportunities. And thank you guys for your consideration, and I'm available for any questions.

Thank you, Mr. Dean, for your comments. Anyone else wishing to speak in favor of this application? [clears throat] You state your name and address for the record, please?

Yes. Sabina Kelly, Box 536, Winston. Um, I did go by and see the building and the area that it's we're talking about. I'm okay with it and I couldn't read all the little stipulations that zoning has said to go with, but I like the way it looks right now because there's huge fence and you can't see all the storage stuff. As long as it doesn't look like the rest of Veterans Memorial Highway, [laughter] I'm okay with this. [clears throat] But it it's got to keep having some kind of landscape in front of it or something to make it look like a decent neighborhood instead of a dump. Appreciate it.

Yes, ma'am. Thank you. Anyone else wishing to speak in favor? Seeing no one moving, I'll close the hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition, please approach the podium. [snorts] Seeing no one moving, I'll close the public hearing on this matter. Planning and zoning board, do you have any questions of the uh Mr. Dean or of staff? hearing. None. Madame Chairman, I will throw it over to you for any questions the uh commissioners may have. Board of Commissioners, you have some questions.

Okay. Not so much a question, but a comment. [clears throat] Thank you for fixing up that place. It looks a thousand times better, and I know you're going to continue to improve it. So, I just want to say I pass by there every day. It is. It looks a lot better. And thank you for all you're doing. Thank you. Yeah, we just moved to the area and we we love Douglas County, so we're happy to be here. Amen. I yield back, Madam Chair. Okay. Any other questions for Okay, I back to you. Thank you very much. Planning and Zoning Board. You have heard the discussion. Do I have a motion on S 2026-01, please? Brandon Penman, I make a motion to approve application S2026-01, request for a special use permit to allow outdoor storage at

[clears throat] um 1395 zero Veterans Memorial Highway. Melissa Poke, a second. I have a motion and I have a second. Do I have any discussion? Hearing none, I'll call for the vote. All in favor of approving S2026-01 with the conditions that were read into the record. Please signify by raising your hand. Thank you very much. That's unanimous with the board. Uh, Madam Chairman, S2026-01 comes to you with a unanimous recommendation for approval with conditions. Okay. Board commissioners, you've heard all the questions and answers. Do we have a motion?

Yes, Madam Chair. I'd like to make a motion to approve S2026-01 with all the conditions read in by staff. Second. Okay, we have a motion in a second. Any discussion? We have a motion in a second. All in favor, please indicate by raising your right hand. We have a 50 unanimous vote and the motion carries. Thank you very much. Best of luck to you. You have really improved that property. I go by that quite often myself. Thank you very much. Uh, next agenda item, please. Agenda item Z 2026-02. Oh, wait. Hold on. Let's Let's get Rob back in here. Could somebody

He had to remove himself for business reasons. Oh, okay. Oh, there it is. Okay, I'm sorry. Go ahead.

No worries. No worries. Agenda item Z 2026-02. Applicant is requesting a reszoning from PUDC plan unit development with conditions to residential agricultural for a single family home located on Country Manor Drive. The lot size is approximately 9.7 acres in commission district 3. vacant parcel is approximately 9.63 acres. The parcel is adjacent to several occupied single family homes in the Bear Creek Club subdivision. The applicant proposes the reasonzoning of the parcel from PUDC to RA to support the construction of a single family house. The applicant proposes to occupy the home once constructed. Here are the relevant code sections. Here are [clears throat] the prior zoning actions for this parcel. The subject parcel is the former driving range of a failed golf course in the Bear Creek Golf Club community. The original approval of the PUD was granted in May of 1997 per application Z 1997-30. The Bear Creek Golf Course community was proposed to include 481 residential units along with a clubhouse, golf course, driving range, tennis courts, playground, picnic shelter, swimming pool, and trails. The project was proposed to be set in ample green space and be comprised primarily of single family detached lots. Today only about half of the residential lots about 215 were pl were platted in the project. The golf amenities fell in the early 2000s. The HOA maintains a swimming pool, tennis amenity, and a small clubhouse. The site was taken over by the s Southern Conservation Trust in 2017 after the golf course failed. The Southern Conservation Trust is developing the land of the former golf course and adjacent undeveloped land into the Little Bear Creek Nature

Preserve. Here are the zoning criteria. Here's the zoning map. Here's the site aerial. Here's a site survey showing the house or the proposed house. Here are the future land use map and character area. Staff is recommending approval with condition based on the following findings. The proposed resoning would not modify the intent, purpose, or spirit of the comprehensive plan. The proposed resoning would not adversely affect the public health, safety, and welfare. Staff recommends the following condition. Upon approval, the applicant is permitted to construct only one detached single family home and appropriate and any appropriate accessory uses as listed in the UDC. Thank you.

Thank you very much. Uh at this point in time, I'll open the public hearing on this matter. Anyone, including the applicant, that would like to speak in favor of this application, please approach the podium. Uh you have two minutes per person for a total of 15 minutes. [laughter] State your name and address for the record, sir.

And I thought all these people were here for me. My name is Jeff Philippo. I reside at 1067 Woodrift Plantation Parkway in Marietta, Georgia. So, I am the proud owner of this 10acre lot that we're talking about here in Douglas County, and I'm here today to respectfully request that my property be reszoned. I purchased the property in good faith in 2024, late 2024, based on its representation as residential property. I actually got on the Douglas County website and looked it up and found it as zoned R4 residential property. Uh my intention from the very beginning has been simple and straightforward. I want to move out of Marietta out of you know for the last 25 years my wife and I have lived in communities with you know halfacre lots or 1acre lots and and a home. We want land. We want to be able to spread out. We want to be able to enjoy nature. And so this property allows us to do that being qu the quiet rural character of this part of Douglas County. So I spent about the last year working with a builder to get all my ducks in a row and get everything picked and and and all of that. And he went we got everything done and signed. He went to apply for the building permit and found out it is zoned PUD. And so that put a stop on it back in November of last year. And so after reviewing the documents that you've got uh you know for for this meeting from development of services, I believe they provide with clarity that my request is consistent with the surrounding area. It's in alignment with the county's comprehensive plan. there is no adverse impact on public services and it

actually restores the practical and realistic use of the property. I can go into any of those line items in more detail but it's kind of redundant at this point. So thank you. Thank you sir. Uh now before you go uh there there was one condition. Are you in agreement with that condition?

I am in agreement with that condition. Although I did have a question. I saw I saw on the uh directive to staff it says that they will um planning and zoning is is to tell the applicant to bring the property in compliance with all relevant sections of the the UDC. And so my question, I guess maybe for zoning staff would be, are there currently any known code or ordinance violations that I'm unaware of? Okay. [clears throat] You need to answer this now after we close the public hear. That's up to you.

Okay. Okay. Yes. As far as building, put a put a pin in that. Got it. [laughter] Anyone else wishing to speak in favor of this application? Seeing no one moving, I'll close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition? Seeing no one moving again, I'll close the public hearing. Now we get to the uh planning and zoning questions and answers. Uh Miss Duncan, could you uh

Yeah. So there there were not any um uh any code violations that were submitted to our to us as a part of the impact statements from the code enforcement department. So right now there are no uh violations. Again, that language is just boilerplate language. We make it clear. It is a directive to staff. It is not a condition of zoning. Um that we just kind of keep an eye on the property for the first 12 to 24 months and make sure that everything's done in compliance. Otherwise, as y'all know, we can uh revert we can bring the property back to you to revert the zoning. So that's what that language is in there to to share. Thank you very much. That's uh that's pretty standard for most of ours conditions is we ask the staff to in at the one-year point to check with the property to make sure everything's going according to code.

Okay. It's actually in all of our staff reports. It's all your st all of our staff reports. That's right. Okay. Planning and zoning staff. Do you have any questions of uh Miss Duncan or the applicant? Sure. Quick question. So this is considered down zoning in this case? Yes sir. In a sense PUD just a res the residential I'm talking I would consider it a PUD amendment

right and so again PUD plan unit development or plan residential development those are tied to the site plan. Um you'll recall when the golf course transitioned to a nature preserve. We made them come back and do the exact same process because again on that site plan it is shown as a golf course right and so um so to change that to a nature preserve they had to come through and they had to ask for the exact same permission. here. This is shown on the site plan as the driving range that's a part of a golf course. So, um that uh has the same enforcement as zoning. Um so, it is a change of use. So, it's it's I would call it a putt amendment or a use amendment more so than a down zoning if you will in the one in the one condition that have to be one single family where obviously you can put a barn or

Sure. One single family home and all of the accessory uses that would be considered under the code. Okay. Is any streams going through this? I'm just going to curious any streams a lace or are you aware? I'm deferring to the county engineer back there. I don't it was a driving range so I'd be surprised if there were streams back there. When we've looked at the aerials going back to the time it was still in active use. I don't think there's anything that shows up on that and you can see very clearly the lawn going down to the corner of the property. Um so unless Travis stands up to walk this way to tell me differently, I don't know of any environmentally sensitive features that would preclude the use as a single family residence. Okay. All right. Thank you. on you. Any other questions? Planning and zoning.

Hearing none, I'll throw it at the board of commissioners for any questions you folks may have. Okay, Commissioner Rexton, you have the floor. All right. Thank you to the applicant. Just curious in regards to your timeline as far as construction and what is that looking like? I have a builder right now waiting on the building permit. And so I I I did have you know it says here that the development I'm sorry the planning and zoning will direct the applicant to the DRC and I'm curious you know what is that process because my builder is ready to go right now and it's actually a builder that has built another home about three miles north of us in Douglas County. So he's familiar with with all of this

clarify the start.

Okay. And then the last question Allison for you. Would the applicant be required to be part of the HOA? Would they fall under the umbrella of the HOA? Yes, sir. They would not. Okay. Okay. All right. Thank you. All right, Madam Chair, I give y the floor back to you. Okay. Any other questions, board? Okay. No questions. I give y the floor back to you. Thank you very much. You have a seat, sir. Uh planning and zoning board, you've heard the discussion. Do we have a motion on um where is that? Z 2025-02.

This is Melissa Pulk. make a motion for approval of agenda item Z2026-02 um for request of resoning from a PUDC um planned unit development with conditions to RA residential agriculture for a single family home located at County Manor Drive Douglasville. I have a motion to have a second. Second. Second.

Motion and a second. We have any discussion hearing? None. I'll call for a vote. All in favor of approving the request Z2026-02 uh with the condition, please signify by raising your hand. Thank you very much. That's unanimous, Madam Chair. Z2026-02 comes to you with a unanimous recommendation for approval. Thank you so much, Chairman Simmons. Board of Commissioners, you've heard all the questions and answers. Do we have a motion? Yes, Madam Chair. I'd like to make a motion that we approve Z2026-02 request for reszoning. Is it 02 conditions as read in by staff? Is it 02 or 01? 02.

02. Two. This one. All right. Okay. Move conditions as read in by staff. Okay. I got it. That's fine. All right. Do we have a second? Second. Okay. We have a motion in a second. Any discussion? Okay. Vice chair, you have the floor. You know, you just really wanted that so you could have your own private driving range to improve your golf game. I mean, let's [laughter] just admit it. You know, it's actually it's actually amazing. I would have never guessed that this was a driving range because it it's totally wooded with 60 foot pine just covering property. It's unbelievable. Yeah, I yel back, Madam Chair. Oh, good. It's been a while. Beautiful. Okay, we have overgrowth.

Any other discussion? Board, we have a motion and a second. All in favor, please indicate by raising your right hand. We have a 50 unanimous vote in the motion carries. Congratulations. Thank you very much. Glad to have you as a new Douglas County resident. Looking forward to it. Oh, yes. All right. All right. Next agenda item, please. This another double whammy.

My eyes. Okay. Okay, sorry about that. So, our next agenda item is Z2026-05 and S2026-06. This is a request for a reasonzoning from residential low density [clears throat] CH heavy commercial and a special use permit to allow auto sales and service at 1111 Veterans Memorial Highway. The lot is 1.83 acres and it's in commission district number one. The 1,800 or 1,083 foot single family detached residence is sided. The property absuts the Lakeside Manufactured Home Park to the west and the WJ Wallace subdivision to the south and the east. The property abuts an established automotive repair maintenance facility at 11101 Veterans Memorial Highway with a 46 4,636t building sided. And I'll show you on the aerial what that looks like. The applicant is asking for a used car dealer and a repair maintenance facility. So the proposed use is not supported by the comprehensive plan or the lithium spring small area plan unless a larger mixeduse development or non-residential uses must be established in a pattern that maintains the integrity of established residential property. [clears throat] The site does not provide for adequate acreage for an increase in intensity of scale that would allow for adequate buffering and off-site mitigation. The proposed use represents a saturation of automotive repair and used car dealer uses within one mile radius. Additional automotive automotive oriented uses that are not modifications to legacy uses should be closely scrutinized along Veterans Memorial Highway. There are currently five active automotive repair uses. One of these uses qualified to be authorized for heavy trucks to the north of Veterans Memorial Highway within a onem radius of the site. Among these, three are authorized for used car dealing. And while Veterans Memorial Highway is a historic audio trail that was constructed prior to the interstate system and has leg legacy audio oriented uses, the establishment of new automotive or automotive uses not permitted by right deserves additional

scrutiny as a part of taking stock of the existing land use pattern of veterans mora highway and planning for the future. We've taken a look at zoning criteria and special use permit criteria. It's residential low density as currently and it abuts the manufactured home park to the west, a single family detached to the south and the east and a used car dealer to the east as well. It's currently there's a home sided to the south currently. The applicants proposing at least a part of the application initially submitted two 5,000t metals or sorry metal buildings with brick veneer. So not metalsided and a storm water detention pond. The applicant has revised the site plan that wasn't submitted as part of the application. staff received this. So, the impact statements are not based off of this, but the applicant has proposing one 5,000 foot automotive repair and maintenance facility with used car sales as an accessory use. And the applicant has provided u elevations with brick veneer shown. It's in the mixeduse corridor future land use in the veterans memorial highway professional corridor. Staff's recommending denial of the reszoning request based upon the following findings. Number one, the resoning would modify the intent, purpose, or spirit of the comprehensive plan. Number two, the reasonzoning is not supported by new or changing conditions not anticipated by the comprehensive plan. The land use pattern along the section of Veterans Memorial Highway has largely remained unchanged since the adoption of the comprehensive plan in 2023. And number three, the reasoning would adversely affect the public health, safety, or welfare. Staff's recommending denial of the specialies permit based upon the following findings. Number one, the proposed use represents saturation of the use within a onem radius that does not reflect a desirable pattern for development along the se section of Veterans Memorial Highway. Number two, the proposed use will modify the intent, purpose, or spirit of the comprehensive plan. And number three, the proposed use would not adversely would adversely affect the public health safety and welfare. And that concludes my presentation. I'd be happy to answer any questions.

Thank you very much, Mr. Cronin. Uh, at this point in time, I'll open the public hearing on this matter. Anyone including the applicant, applicant's representative that would like to speak in favor of the application, you'll have two minutes per person for allocated time of 15 minutes. You would state your name and address for the record. My name is Reuben and I reside at 6702 Norwood Circle in Aba Station. Doctors are here and I was a building official for Douglas County, associate building official for 10 years here and I alone inspected this building from mud to the best for it. That was just a private addition information there. I um ladies and gentlemen, I uh I I was kind of perplexed by what the uh planning and zoning representative uh put for you because uh we had we had one meeting with the department which was supposed to be customary and during that meeting we had two buildings and at some certain point it was supposed to have been connected in order to make it contiguous. Um so there after the meeting we I picked up all the comments from everybody and then based on the comments we went back and revised the drawings. So I'm amazed that he is somebody stood up and said that they didn't submit it. I personally submitted the drawing the revised drawing. So, we have a 5,000 square ft² building standalone that measures 100 by 50 ft in depth.

Why it is so is because the fire department raised the issue of uh you know fire protection and all that not all that you know their requirements. So we brought it down exactly to 5,000 ft² and then we complied with a height uh maximum height of 20 ft which was also uh a recommended height by the fire department. Now as far as the site concern site is cons I could put up the the site plan.

Yes. Okay. Looking at the site your two minutes is up. Oh it is? Yes sir. But if you would stand by, let me have the rest of the public hearing and then I'm sure we'll get back to you and we can go forward with this. Anyone else wishing to speak in favor of this application? Seeing no one moving, I'll close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition? Again, seeing no one moving, I'll close the public hearing on this matter. Now, planning and zoning board, do you have any questions of the applicant or of staff? I have some of staff.

Yes, sir. I just want to get a bit of clarity as to the reason for the uh non-recommendation is not so much the square footage of the building or the elevation of the building. That's not the issue, right? Yes, sir. The main issue would be the saturation of the uses. We don't feel like it.

So, there's several car lots close by one mile rad like a one mile radius or Okay. Go ahead. So, and the properties within the highway corridor overlay. So, the elevations provided would comply with the highway corridor overlay that requires brick at the front. Okay. So, the facade needs to be brick. You're saying that the front need to be brick? Yes. Okay.

So, that that has something to do with the Okay. Go ahead. What else? So the [clears throat] main considerations are the encroachment into the existing single family detached and the mobile home or the manufactured home uses. The primary characteristic of this section of Veterans Memorial Highway is that the commercial uses typically don't have the depth that this lot does. And so the uh it doesn't share the same characteristic of the existing commercial uses where the distance from the existing residential is maintained to adequately mitigate off-site impacts and it also represents that saturation of uses along this course. What is the buffer between this? Is it 50 foot or 25? 50 foot between this and a residential.

Yes sir. worry about it. And you're concerned about the depth that it encroaches deep like I see like three or four different houses on both sides that it just encroaches too much in the residential space. Yes, sir. We feel like if it commercial use proposed in this lot, it would be better served as like a as an assemblage possibly to transition some of the uses and to better uh mitigate off-site impacts with greater acreage. possibly more spacing. Is there a minimum acreage for car lots here in Douglas County? Is there a minimum acreage? The minimum acreage for the commercial there is, but not for car lots or used car dealers or new car dealers. There's no minimum acreage.

Is there? No. Okay. Because the city does have it. I don't know if you sure if this county did. Okay. So that's the main thing is the is the the look the the encroachment um and the saturation of this particular type of business in on this area because I see plenty of them on federal memorial but you're saying that that's the problem. It's too many already and um doesn't really fit the character anymore. U we believe that the we could hold out the land for something better. Understand? Okay. Thank you. Yes, sir. I you

any other questions planning and zoning? I would go ahead and ask you if you just finish your presentation that you had.

Okay. Uh as far as the setbacks are concerned, it it gives you an two options either to mitigate that with a fence 8 foot barrier fence or you know you you maintain the 50 foot service. So we opted to erect a 30 uh 8 foot u sound bar uh sorry uh fence around the property uh which met their requirement as far as um noise um they raised something about noise we are wrapping the build the building construction is better of brick and and and CMU 8 in CMU so it has an STC value sound absorbent value 56 that's about the highest So there couldn't be any noise emanating from that building into the surrounding area. Now the third thing is that that development actually is a a definite improvement to what is there now because everything run uh every surrounding property there structure they all run down you know and then of course to the uh coming into our building because of the uh DOT requirements. So we had to center the entrance into the property so that we can get adequate del and adequate axel out of the property so that we don't endanger anybody. And there's a garlic in front of there. So we are trying to you know clean up the entire area. We are going to use pre-cast you know uh tilt top you know brick and and that is as good as it's going to get anything. So we don't uh we feel that uh we've complied with pretty much everything you know and there's existing water in the property and we shown

everything then because of the fact that there's no sew u water and sewer authority doesn't have any um sewer service along there. Of course we're going to install a safety system and we have a adequate drain field in the back. So we we've set aside pretty much everything that they require us of of us. Okay. I have Thank you very much. I have another question for from staff question. What is what is uh to the uh norththeast? What is that building? What kind of commercial building is that? That's an automotive repair facility.

That's an auto repair right there. Okay. And to the Okay. Okay. So to the west, what we have there? That's a manufactured home park. The lakeside. So we have it. We have commercial on both sides. Well, the manufactured home park is Well, again, the manufactured home park is R-MH. So it's still residential in character. Okay. So So where's the commercial other than the top right corner? So there's the northeast portion and then to the north of Veterans Memorial Highway is more of the industrial uses uh like the heavy truck street across across the street. Yes, sir. Yes, sir. Okay. All right. And and rest is all residential running on both sides and behind. Yes, sir. To the south.

Okay. All right. Thank you. That's one. Any other questions? Planning is zoning. Do you have nothing else? Okay. Uh this point in time, I'll throw it to board of commissioners for questions and comments. Okay. Thank you so much. Any questions for Commissioner Mitchell? You have the floor to the Yes. to the athlete. Just so your your plans with this is for auto sale, used car auto sales pretty much and repair.

Yes, the a repair area in in the building and and the repair is actually uh uh I'm sorry, it's a incidental uh to the car uh the car sales. So, but just to do minor repairs and and things like this, it's not that we're going to start repairing uh engines and you know making a lot of mess. So, that's that's so it is the the repair is incidental to the car sales. I apologize. I'm having a little I'm struggling with trying to understand what you're trying to say. So, you you're going to you're going to do used you want to do used car sales.

Yes. And if if that's the principle and you'll repair cars as you kind of that's going to be the side part of what you're going to be doing, I guess. Yes. Okay. Okay. Uh and you think this would be the highest and best use based on uh where this property sits because I know exactly where it is and with with all the residential around it. I know there's a commercial piece that sits on the upper right. Yeah. Um and there's one across the street, too. Yes. And across the street. Yes.

And and even the uh the mobile home community to our left uh is is quite a busy area. As a matter of fact, they use our property now as a temporary, you know, uh detention pond because they they they dump all their water into our property. Um it's it's um we we are really trying to develop the area and it is going to be extraordinary when it's done. And you're thinking that that's the highest and best use would be what you're trying to ask for the special land use. That's what we're trying to Yeah. accomplish that.

Okay. And Okay. Thank you again. And now I would like to get staff I guess and I don't know Yes, sir. And I understand the recommendation based off of staff and and what you guys are are proposing. Uh what what would you guys the highest and best use? I'm assuming you're saying that this would not be the highest and best use for this type of service on this piece of property. Correct. Yes, sir. The Lithuia Springs small area plan calls for either redevelopment of properties at a larger like an assemblage

or redevelopment of properties to accommodate maybe a smaller footprint um higher density of residential uses where appropriate and so we wouldn't support the transition of this property from residential to another category at this time.

Understood. Understood. And this is is this is pretty interesting and I guess so. So with that um Okay. I I appreciate Thank God. I'm just I I have another thought in my my mind is running on this. I'm really trying to what how many what kind of conversations have you had with the applicant to kind of get him to understand the direction of planning and zoning and uh future land use looking into the future, what it looks like for that piece of property.

Yes, sir. We he met with uh the development review committee, I believe last month or November. timeline's a little fuzzy for me because the holidays, but we provided our comments at that time pretty much the same as they are here. We wouldn't recommend we wouldn't be able to recommend approval of the transition here. We haven't gotten into the form as to what would be ideal, but we just told him that we wouldn't be able to recommend approval of the transition to

commission because I I I think I heard the applicant state that somehow there was a mixup in what he presented from two buildings to one building that we got it within the timelines of what? Not sure. Uh can you help enlighten us? Can you enlighten [clears throat] me on that part of it? Yes, sir. As far as I'm aware, this site plan with the two buildings is what was submitted initially as a part of the application. And so the applicant revised and sent this site plan to me, I believe, yesterday or uh Yeah, I believe it was yesterday. Yes, sir. Okay. So, this is the first time that we've really looked at this. The impact statements would be based off of the two buildings.

Got it. And and and it's not that if it's one or two buildings, it's kind of where it is and is not at the highest and best use in that particular area. Yes. On that particular lot. Okay. Yes, sir. Okay. Thank you, Conor. Thank you. And thank you, the applicant. All right. I yield back, Madam Chair. Okay. Any other questions for Okay. I call back to you, Chair. Thank you, Madam Chairman. Planning and Zoning Board. You've heard the discussion. Do I have a motion? Uh, actually, there's two two items here. Uh, zoning and the special use permit. Do I have a motion on the zoning Z2026-05? It's Brandon Pen. I make a motion to deny application Z2026-05.

I have a motion. Do I have a second? I have time. Is that second? I have a motion and a second. We have any discussion? Hearing none. All in favor of uh Z2026-05. Motion to deny, please signify by raising your hand. Thank you. All oppose. Madam Chairman, C2026-05 zoning application comes to you all with a recommendation for denial. Okay. Thank you so much, Chairman. Simmons, Bo Commissioners, you've heard all the questions and answers. Do we have a motion? Yes, Madam Chair. I'd like to make a motion to deny applicant application Z2026-05.

Second. Okay, we have a motion in a second. Any discussion, board? We have a motion and second. All in favor of denial, please indicate by raising your right hand. We have a 50 unanimous vote. And the motion carries for denial. I yield the floor back to you. Thank you, Madam Chairman. Planning and zoning board. Do I have a motion on S2025-06 special use permit? Brandon Pendman. I make a motion to also deny S2025-06. I have a motion to have a second. Melissa P. I second.

A motion and a second. Do we have any discussion? Hearing none, I'll call for a vote. All in favor of the motion to deny S2025-06, please signify by raising your hand. Thank you very much. That's unanimous, Madam Chairman. S2025-06 special use permit comes to you with a recom unanimous recommendation for deny. Okay. Thank you so much, Chairman Simmons. Bo commissioners, you've heard all the questions and answers. Do we have a motion? Yes, madam chair. I'd like to make a motion to deny S2025-06 in the form again of denial. Second.

Okay, we have a motion and a second. Any discussion board? We have a motion and a second. All in favor of denial, please indicate by raising right hand. We have a 50 unanimous voting. The motion carries for denial. I yield the floor back to you, Chairman Simmons. Thank you very much, Madam Chairman. [clears throat] Next agenda item, please. uh S20269.

Okay. Yes, sir. So, S2026-09. This is a request for a special use permit to allow outdoor storage of landscaping equipment at 11411 Veterans Memorial Highway. The lot is 1.25 acres. This is in commission district number one. The site has no active occupational tax certificate, but was the former site of Atlanta tree and stump removal. a contractor's office with outdoor storage uh whose use was entitled in 2000. The natural zoning buffer has been thinned by previous owners of the property and this zoning buffer is where it's a budding residential should be 50 ft and undisturbed and that's meant to provide an audio and visual buffer to mitigate off-site impacts where it's a budding residentially zone property. A 194t structure is cited. Uh the applicants proposing a landscape supply store that will utilize both outdoor display and outdoor storage and to continue the tree and stump removal used previously on the property. Uh that applicants are also proposing to use the existing structure on the site without modification. We've taken a look at the relevant code sections. In 2000, this property was zoned from C3 to C4 and now CH for a tree and stump removal company. Entitling the outdoor storage on the site will define the outdoor storage area and provide for adequate screening and landscaping to mitigate off-site impacts and submission of a site plan that def that defines the outdoor display area, outdoor storage area, vehicular access, circulation, and parking may necessitate more technical feedback as the sufficiency of the site as currently designed and outfitted. But this would be discussed at the development review committee meeting pending approval. We taking a look at the special use criteria. It's currently zoned heavy commercial. Here's a picture of it as it's currently sat. The buffer at the rear or at the east you can see has been thinned where it butts residential property. The survey is a little too old to read correctly. The properties in the mixed use corridor future land use and the veterans memorial highway professional corridor. Staff's recommending approval with conditions based upon the findings. Number one, that the proposed use will not modify the intent, purpose, or spirit of the comprehensive plan or the

unified development code. Number two, the proposed use will not adversely affect the public health, safety or welfare. And number three, any deficiencies of design of the site as currently prepared will be addressed through the development review committee process. Staff's recommending the following conditions. Number one, the applicant shall install and maintain a 50 foot undisturbed zoning buffer where budding residentially zoned property. Sufficiency of screening and type of plantings will be at discussion of the Douglas County Arburst. Number two, the applicant shall submit to the development review committee for review and consideration of the specific site development and access management plans to address the development standards in the unified development code and the concerns and requirements expressed in the specific agency impact statements reviewed in the staff report dated January 6, 2026. And that concludes my presentation. I'd be happy to answer any questions.

Okay. [clears throat] Thank you, Mr. Cron. At this point in time, I'll open the public hearing on this matter. Anyone wishing to speak in favor of this application, please approach the podium. have two minutes per person for an allocated time of 15 minutes. State your name and address for the record and then two minutes, sir. How are you? Okay.

My name is Mario Garcia and uh I live in 5884 Garnier Road in Mavenon, Georgia. And uh actually we just uh bought the place on the Veterans Memorial. And uh our goal, me and my wife wants to do uh landscape supply uh to sell materials like mold, gravel, and some some rocks, you know. So I think that's going to be our first uh our first uh business that we're trying to create it. So we we each other I think we are young. So, we're trying to to be, you know, to keep to keep going, you know, so life. So, I think that's that's pretty much it.

Okay. Before you go, uh, the conditions that he read into the record, are you in agreement with those conditions? Agree. Comply with them? Agree on if if it if it's approved. Yeah. Okay. Thank you, Mr. Mr. Garcia. Uh, anyone else [clears throat] wishing to speak in favor of this application? Seeing no one moving, I'll close the public hearing in favor and open the public hearing in opposition. Anyone wishing to speak in opposition. Okay, no one's moving. I'll close the public hearing on this matter. Planning and zoning board, do you have any questions of Mr. Garcia or staff? This is Melissa Pulk. I have a question for the applicant.

Come back to the podium. Yeah. So I see here on the agenda it states that it says a use permit to allow outdoor storage of landscaping equipment. Um and what you had just described it was more you were providing mulch, rocks, things of that nature. Yeah, actually it's going to be uh the equip the landscaping equipment is going to be there and uh but we trying to sell the materials like divided by the materials on beans blocks and trying to sell the right. So, you're not just using it for a storage area. You're using it to have persons to come on that property and purchase things. Yep.

Okay. Um and with that means that um the property is it fenced in? Is your the property current? We got a old fence already there, but uh uh we're trying to replace it. So, for for the same size, you know, so Okay. Thank you. Um I have a question for staff if I could please. Yes, ma'am.

So, um, in this particular property that we have, it's saying it's not just for storage now. It has merchandise for purchase, right? Um, does that change any of the things that we're talking about? Um, cuz seeing as how on the agenda, he was just asking for storage. Um, but now he's stating that he's going to use that property to allow persons to come and purchase off of that. Does that not change the nature of the request? Uh, not necessarily. The outdoor storage would be the only one that would need to be entitled. The outdoor display area would just need to be set back a certain distance and it's regulated under a different section, but it doesn't require additional board approval.

And the fact that there like the fencing that he states is there currently um as I mean you have things there that could be stolen, bringing theft and things of that nature. Are those I guess my concern is is that when I read the agenda item that the agenda item put my mindset in. I'm thinking of someone wanting to store some material, some equipment. Now it's product that's for purchase. And I just want to make sure that everything is covered as far as security, making sure those that other businesses that are around things that they're securing this particular item because people want landscaping stuff. It's fairly soughta. Yes, ma'am. The sheriff did recommend in their impact statement some kind of video surveillance system.

Staff didn't include that as a condition, but we can definitely include that if it is will the board. The fence that's currently out there, I believe it's chain link, so that wouldn't be permitted under the unified development code requirements. In 2000, it might have been uh but currently it would not be permitted. So, they would have to install a different type of fencing. And then the outdoor storage area would have to be defined fully screened from view by an opaque fencing as well. And forget were was the fence mentioned specifically in these conditions? Oh sorry no ma'am they were not or the fence was not but the applicant would have to appear before the development review committee where we typically discuss site design. Understand? Yes ma'am. Thank you. I [clears throat] have no further questions.

Excuse me. Any other questions? Planning and zoning hearing none. Madam Chairman, I'll throw it to the board of commissioners for questions, comments. Okay. Thank you so much, Chairman Simmons, Board of Commissioners. We have no question questions. Uh, Commissioner Mitchell. Yes. Just a couple of questions because this is this is a long day here. Okay. So, ju um so speaking of the fencing, you're saying you're going to replace the fencing to Actually, that's a old fence there, right? Yes.

And uh but uh it's all the structure fence there. So, uh, so I just trying to say this, uh, we're going to put a, uh, that's a 6 ft, um, a wooden fence, privacy wooden fence on all the area, but this is a, it's a chain link there, but you're saying you're going to a wooden fence. I'm I'm not trying actually, it's already there. What it is, the the wooden fence. So I was thinking that uh we have to you know just replace him for a new one and stay like I'm [laughter] I'm just asking. Yeah, of course. Yeah. Okay. And the reason I asked that but definitely I I had to replace it, you know,

for it's not a condition. I'm not Yeah, it's not a condition, right? So I just want to make sure staff it it's not a condition and I'm not trying to make it a condition. I I'm just I'm just asking a question. Yes. So the fencing type uh wood wouldn't be a permitted fencing type but a vinyl wood that simulates wooden fencing could be. So a vinyl fence could be permitted.

And the reason I'm asking about the fencing is because now as stated earlier by planning and zoning that I too was under the understanding that landscaping equipment and now we've got mulch and other stuff that could be a possibility on the on the grounds and I'm trying to make sure that we have a a great a decent look. Okay. So that's why I'm asking about the fencing. And then now if we having mulch and everything of that caliber out there and selling that, how would we protect the look that the landscape even though you're selling landscaping equipment and and stuff? Yeah. Actually, uh the mulch is not going to be actually the mulch is not going to be this like on the ground. Okay. It's going to be this on the bin blocks, you know, to separate those uh materials.

Got it. So it's not going to be like this. Put it on the ground and just grab it. So eventually it's going to have, you know, like it's going to be packaged like this. Are you saying it's going to be packaged or something? No, it's going to be by by by by Scubyard, you know. It's going to be this like without without any package, but it's Well, we're going to sell some packages from from Home Depot as well, like all the regular Moch there. So, but what I'm getting at though, and maybe you can help me with this, is that I just want to make sure that the the aesthetics Yes, sir.

that it that that we have a decent look with all the equipment and mulch and anything else that stored on the property so it won't look from an eyes sore I guess what I'm concerned with. Yes sir. And the requirement to submit before the development review committee would require the applicant to prepare a site plan that neatly outlines where the outdoor display is, the means of ingress, egress, [clears throat] vehicle circulation, uh, and then the outdoor storage area as well as well as any um, landscaping requirements along. So, so we'll capture that somewhere down the line cuz I I don't want to miss that part of it because you know we've got a lot of unique stuff that's that's uh you know on that Veterans Memorial layout and

Yes, sir. aesthetic is not a great site in in most cases.

Yes, sir. I believe that the requirement for the development review committee explicitly calling that out would require the applicants to prepare that site plan. So, we can define those areas. So that's why we recommend the special use permit even if there was a legacy outdoor storage use so we can entitle one entitle the the use but also neatly define where that's going to be and then bring it [clears throat] up to code in terms of like uh surveillance if required landscaping and all those other screening elements. So staff is confident that this will the conditions will cover [clears throat] uh aesthetics will cover and and the other the other conditions that you guys are speaking of here would at least make it won't become an eyesore basically.

Yes sir. I believe so we didn't include the typical condition for the uh landscaping as required under the quality growth overlay but we can definitely include that uh for additional landscaping to heighten that up at Veterans Memorial Highway if you would. And I don't know if the applicant would agree to that. I agree on it. Okay. Right. Okay. Well, [clears throat] okay. Thank you very much. Yes, sir. And I yel back and thank you. Okay. Any other questions, board? Okay. [clears throat] Vice chair, you have the floor. Just for clarity because I know where you're going. Yeah. I'm assuming you're having equipment on the property. It's going to be like a bobcat, a dozer, all that to load. Steer skid steer. Yeah. So, that's the equip. Yeah. Come to the mic.

Yeah. Thank you. So that's the reason you need the permit because you're going to have like a skid steer to be parked there to load all your mulch and everything. But from your blocked bins, you know, we're going to have a deliveries. So we're going to have a a single truck there, you know, so they can load them up and just kind of deliver it to to to clients, you know. Yeah. Yeah. Okay. And that's pretty much it. Yeah. Just I was just stating that for clarity so that you know a better understanding for what you have there. Yes, sir. All right. [clears throat] Thank you. I yield back, Madam Chair. Okay. Thank you so much. I yield back to you, Chairman Simmons. Thank you, Madam Chairman. Planning zoning board, you've heard the discussion. Do I have a motion on special use permit S2026-09?

Brandon, did I make a motion to approve application? S206-09 with the with the conditions as read in my staff. I have a motion. Do I have a second? Rob Thomas, I second that. Motion and a second. Do we have any discussion? My apologies. It was my understanding that the quality growth overlay landscaping requirements were requested as a condition as well. Yes. So, I'd be happy to read that in if you give me just a second to look those exact counts up. Okay. We need to read that in the record. Yes. [clears throat] Oh, perfect.

Should we redo another motion? I believe if you just refer to the quality growth landscape standards that would cover it and we can take the Brandon can make a motion to approve application zero dash zero excuse me application S2026-09 um with the conditions as rating by staff and the quality growth land landscaping standards landscaping standards required under the quality growth overlay under the quality growth act what He said I have a motion. Do I have a second? It's right time as I second. I have a motion and a second. Any discussion?

No discussion. All in favor of approving S2026-09 as read into the record, please signify by raising your hand. Thank you very much. That's unanimous. Madam Chairman, SS 202609 comes to you with a recommendation for approval. Okay. Thank you so much. Board of Commissioners, you heard the discussion. Do we have a motion? Yes, madam chair. I'd like to make a motion to approve item S2026-09 and as the with all the set conditions read in by staff um the one, two, and three. Okay. Okay. Do we have a second? Second.

We have a motion and a second. Any discussion board? We have a motion and a second. All in favor, please indicate by raising your right hand. We have a 50 unanimous vote and the motion carries. Thank you. Congratulations. Good. Best of luck to you going forward. Thank you so much. You're welcome. [clears throat] All right. Our next agenda item, please, I believe, of the UDC develop amendments.

Yes, sir. And this is our last agenda item as well. So, these are the map amendments proposed. GIS has updated the zoning map for your consideration that shows the 49 parcels identified that are uncontested. There were previously uh 60 parcels with 11 parcels contested. So, we took those contested parcels off and these parcels presented before you are the ones that were uncontested and staff uh used the methodology of selection based on the reasonzoning date, vesting period and existing conditions of the property. The vesting period is 24 months from the date of approval. So, we took a look around the character areas of the Dog River, Bway Reserve, Rural Reserve, and historic Lithia Springs and looked at those parcels that were approved for reszoning but never vested. Um, so took a look at the historic Lithia Springs area. These were 29 lots identified. And with historic Lithia Springs, we inherited this map from Lithia Springs when their charter was dissolved. The to where the zoning was incorporated and from this hand drawing and the similar color of the M1 and the PUB makes us make staff believe that there was a mistake, an administrative mistake. And so the properties selected are ones used residentially without any occupational tax certification um currently and not outfitted for commercial uses like with the parking lot or things of that nature. And the remaining [clears throat] parcels I didn't include the list but um I suppose

we have the map. Yeah, we have the map of the map. Yeah. Okay. So we would just be asking for your approval of the map for the 49 uncontested parcels as presented on this zoning map. And that concludes my presentation. I'd be happy to answer any questions. That concludes my presentation. I'm sorry. Oh, sorry. That concludes my presentation. I'd be happy to answer. Okay. Yes, [laughter] sir. That's what I thought.

I was looking I was looking at the map here. Uh all right. At this point in time, I'll open the public hearing on this matter. Anyone wishing to speak in favor of these resonings, please uh approach the podium. Uh no one approaching. Uh close the public hearing in favor and open the public hearing in opposition. Anyone wishing to oppose these zoning changes, please approach the podium. State your name and address for the record and then you have two minutes. Yes. I'm uh Mike reading, 2381 Lee Place. I came before you last uh de in December meeting.

Uh I have that partial uh 0152025011 at uh 13991 uh Veterans Memorial Highway and I was opposed to changing the zone and and didn't know the status of it. I didn't know if it was in this part of the 49 or the ones that were approved. It was redlined on the last meeting. Okay. [clears throat] Okay. Once the public hearing is closed, we'll address that.

Thank you. Anyone else wishing to speak in opposition? Seeing no one moving, I'll close the public hearing on this matter. And okay, now we're back to discussion.

Yes. So that was one that we had identified as an unc as a contested parcel. And so we removed that from the list. And so any of those that were contested, they're going to keep their current zoning for the time being. We will confer with each of the district commissioners that had contested parcels to understand um how it is their will to move forward. It is possible we could do a special called um meeting and and address those all at one time or we could just work with the individual property owners to put them on agendas, you know, going forward as we have space permitting. But anything that was contested, we did not change the zoning on that. So the only thing presented here tonight are the 49 parcels [clears throat] that you know notice was given and the property owners raised no objection.

Okay. [snorts] And I'm looking what I'm seeing is here is looks [clears throat] like most of these are downzonings from commercial to residential. So that that'll be a plus for the for the owners. Correct. Correct. Generally speaking, that is what um most of them were, you know, is where it was either a commercial or industrial that never vested or in some instances, we think the map was just proactively adopted, you know, with the anticipation that it would generate that it would flip to commercial uses over time. So, but most of it is a downzoning. Yes, sir. Okay. Thank you very much. Any other discussion planning and zoning board? Hearing none, madam chairman, I'll throw the board of commissions for any discussion you may have. Any discussion board or commissioners? Just a quick question. Commissioner Max.

Yes. Just a quick question. Alison, is there if there is a way we don't have to do it tonight, but just to get a breakout by district of the 49. Yes, sir. Yes sir. We can absolutely provide that to you. Most of these are going to be concentrated in districts three and four because we started with those character areas. Um and then going forward, our next area that we will take a look at is traditional neighborhoods, which is that that is mostly that area surrounding the city of Douglasville, um in the middle of the county. And so that I think we'll start to get more of district one and district um three in those, but but for the most part um it was district four and district three, maybe a few in district one that we saw this one, but we can absolutely provide that. Okay, that would be great. Thank you, Madam Chair. You the floor back. Thank you. question I believe just [clears throat] to Alison real quick.

Yes sir. Because some of those you know have emailed us and we requested for them to reach out to you for planning zoning. So just making sure if say one of them failed to do that but yet you know they've contacted our office because we don't see or everything that's in here in regards those those plot numbers or parcel numbers. Um what will we do? We would we have to go back and revert those back if for some reason one actually was missed and slipped through. Sure.

What would we do there? Yeah. I mean, so again, we would always have the option of doing a map amendment, right, of kind of adopting a whole new map like we're doing here this evening. Um, but we have also in the past brought uh parcels through if it turns out that there was an error that the staff made in, you know, uh, making a zoning map amendment previously. We can bring that through kind of administratively as a staff requested change if it's determined that that was something that was changed that otherwise shouldn't have been changed at the time. So, so we have the ability to to do that. So the applicant doesn't necessarily have to go through that process themselves. Okay. All right. I yield back, Madam Chair. Okay. Any other questions for Okay, I'll go back to you.

Thank you, [clears throat] Madam Chairman. Planning and zoning board, you've heard the discussion. Do I have a motion on the UDC amendments? Mr. Rob Thomas like to make a motion to uh adopt the UDC amendments read in by staff. Second. I have a motion and a second. Do we have any discussion? Hearing none. I'll call for a vote. All in favor of approving the uh adoption of the UDC amendments, please signify by raising your hand. Thank [clears throat] you very much. That's unanimous. Madam Chairman, the adoption of the UDC amendments comes to you with unanimous recommendation for approval.

Okay. Thank you so much, Chairman. Simmons, board of commissioners. You've heard all the questions and answers. Do we have a motion regarding the UDC amendment mot uh amendment? Madam Chair, I'd like to make a motion to approve the UDC amendment with the updated zoning map as presented by staff. Second. We have a motion and a second. Any discussion board? We have a motion in a second. All in favor, please indicate by raising your right hand. We have a 50 unanimous vote and the motion carries for approval of the UDC amendments. Thank you very much, Madam Chairman. Having nothing else to come before the planning and zoning board, I'll declare this meeting adjourned. Board of Commissioners, do we have a motion to adjourn?

Okay. Do we have a second? We have a motion and a second. All in favor, please indicate by raising right hand. We have a 50 unanimous vote and this meeting is adjourned. Thank you.