Planning and Zoning - Regular Meeting

down from the front or normally come in the back, but that has nothing to do with us. The court ran over and it was just something that was unavoidable. So, please forgive us. It was not it wasn't our fault. Uh, as the first order of business, I'm required to read a few statements regarding the zoning process. If you have any questions, I will address them once I finish. Zoning directly affects private property rights, which include the right of the property owner to the enjoyment of the use of that property and the right of adjacent owners and general public not to be unreasonably harmed by Pacific land use. Tonight is the first of two public hearings. A second public hearing will be held before the board of commissioners, I believe, on April the 6 at 6:00 p.m. at this location. Attendance is not required, but your attendance is recommended. Order of business. As to the order of business tonight, I will introduce the applicant and then the zoning administrator will give her comments. Then the applicant will come forward, state their name, address, and state their reason for their request. You may provide information or documentation supporting the applications. Next, the planning and zoning commission will have the opportunity to ask the applicant questions. Next, I will open the floor for public comment. Ample time will be given to those that may want to speak for or in opposition to the reszone request. Note, all comments will be addressed to

the commission and not to others in attendance. No personal attacks will be allowed. Next, the applicant will be allowed ample time to rebut any concerns expressed by other speakers. At this junction, no other comments will be allowed except by the board members. Then I will open a special session of the planning and zoning commission. Then I will ask for a motion to approve, deny, or approve with conditions. The recommendation will be presented on Monday night, April 6 to the board of commission. Does any of the members of the planning and zoning need to recuse themselves for any thing on the agenda tonight? Hearing none, the planning and zoning commission is a recommending board only. Whatever decision we make tonight will be presented to the board of commissioners and they have a final final say. All right. At this point, before we get into uh our original request, I will ask the board members to introduce themselves and what area they represent.

Good evening. Cynthia on district 5. John Bradley, vice chair and district one. Lee Mitchell, district two. William Smith, District 4. Melissa Payne, zoning administrator one. Tracy Patrick zone administrator too and Mike Puit County attorney. Okay. And we have a do have an open position on district three. All right. At this point we will uh consider our first reason request Barry Sartton applicant for redeemable properties.

All right. say he is requesting to resone a 4 acre portion of the 55.97 acres from A1 to AR to allow it to be split out for a family member's home site. The remaining 51.97 acres will remain in the A1 zone. The property is located at zero Jam Down Road in Danielsville on map 11, parcel 102-02 in district 1. Sergeant, come forward.

How are you today, my man? I'm doing good. How y'all? I'm very sart. Uh we have been taking care of a a grandbaby that's had some health issues. Uh uh when he was a baby, he he kept spitting up stuff and everything that he eat went to his lungs. His uh mom and dad have to work and he can't go to daycare cuz he's got a feeding tube. And we just want them close to us so we can help take care of the baby. That's all we want to do is is get them get them a house right next to ours. All right. Anybody have any questions for Mr. Sartine?

All right. Thank you, sir. At this point, I'll open the public hearing and ask, is there anybody here that wants to speak for this reszone request? Hearing none, is there anyone here wants to speak in opposition to this reszone request? Hearing none, I'll close the public hearing and I'll bring it back before the board and I will entertain a motion. Chairman, I make a motion to approve. We have a motion to approve. We get a second. I'll second.

We have a second. Any questions or comments? If not, Synia. Yes. Yes. Yes. Yes. All right. Mr. Siren, that's this has been approved by this board and we will recommend to the board of commissioners that they uh do the same.

Thank you. number two. And y and let me let me apologize. First of all, if I mispronounce your name, please forgive me cuz I'm real bad at that. Uh Cameron Zurali Zari Zarif, advocate for quick start property. He is requesting to resz on a 12 acre portion of the 33.32 acres from A1 to AR to allow it to be split into three 4 acre tracks and to reszone the remaining 21.32 acres from A1 to A2 to bring the property into compliance with zoning regulations. property is located at zero jot down road in Danielsville on mouth 11 parcel 101-03 in district 1. And I did want to add that um there has been a revised site plan that we have now um that was submitted as the other site plan uh did not fit did not fit the lot width and length ratio that section 5.3.2 says but I have sent out an email to the board.

I think all board members got that at least I hope you did. And this is the new operation here. All right, sir. So, we're planning on uh doing this reszoning. This has been some family in the uh some family land and it had been in conservation for I guess over 10 years. And uh we were looking to uh parcel out some um some small lots for either to build either like a small homestead for our family or uh put up some u single family homes. So all right board members have any questions?

What are your long-term plans for the remainder of of the 33 acres? Well, I guess in three years we'll figure that out. see what happens. But uh we have a three years every three years I think you can reszone. So you you do have interest in having more parcels cut out. You just you're just holding off on Yeah. trying to keep it at the minimum. Keep it at the minimum. Okay.

But currently um where the little uh the small little C is right there, we have a a little a little single family house there. And um you know we'd like to maybe do something with that and then continue using like this partial the remaining portion for uh like light agriculture. So guardian uh small livestock. Any further questions? Thanks sir. All right, we'll open the public hearing. Is there anyone wants to speak in favor of this particular reason request? Hearing none. Is there anyone want to speak in opposition this request? All right, I'll close the public hearing and bring it back before the board and I will entertain. Is there any discussion? First of all,

I I asked the questions that I did because um if if more parcels are spread out, I know that it would have we talked about beyond three years, but it would if it's done in say more divisions are done after that three years, it's virtually the equivalent of a a major subdivision more than the four lots for a difference between a minor and a major subdivision requiring the infrastructure and other things to go with it in the process. So, um that's my that's my only concern about a major equivalent of a major subdivision in that character area. Uh it's is not as concerning to me personally. All right. Any further comments or discussion?

They would have to come back to us, right? If there was more.

Yes. So, they're just asking for a reason of a single 4 acre parcel is or I'm sorry parcels. Yeah. So, um just to clarify for others who may be listening. So there's no restriction on asking for a reszone and there's actually no restriction on dividing parcels. The difference is that if you divide more than five have more than five scripts within a three-year period, then you simply have to follow the major subdivision regulations as opposed to the minor subdivision process, which is much simpler and easier.

All right, any other comments or questions? If not, I will enter a motion. I make a motion to accept as um the request. Have a motion to accept uh this reason on request. I got a second. I'll second. We have a second. Any questions, comments? Not. Uh, Ken.

Yes. Yes. All right. This has been has been approved and we will recommend to the board of commissioners that this res request be accepted and that is on April the 6. So I do suggest that you uh attend because they have they do have a final say. All right. Uh number four. Number three. Number three. I'm sorry.

David Russell. David Russell, applicant for Russell and Sun Farm Holdings, is requesting to resone a 12 acre portion of the 214.75 acres from A1 to A2 to allow the portion to be split out and gifted to a child for a home site and the remaining 202 acres 75 acres will remain in the A1 zone to be retained. property is located at 875 Wagner's Grove Church Road in Calbertt on map 72 parcel 23 in district 5.

Russell, I'm David Russell. Good evening and thank you for hearing my request. I want to uh get this resign done so I can give 12 acres to my son and his wife.

Pretty simple. Any questions for Mr. Russell not. Thank you, sir. Thank you. All right. At this point, we will open the public hearing. Is there anyone wants to speak in favor of this reason request? Anyone wants to speak in opposition? If not, we'll close the public hearing and I'll entertain a motion. I move that we approve this request. Have a motion to approve. I second. Second. Any questions or comments? All right. Uh Lee. Yes. Yes.

Yes. Yes. All right. M to Mr. Russell. This has been approved and we will recommend to the board of commissioners on April the 6th.

Number four. Melody Timmons and Sarah Warington are requesting to resone their 5.79 acres from A1 to R1 to allow the property to be split into two tracks containing 1 3.397 and 1 2.386 acre track. Property is located at 5716 Highway 98 East in Commer on map 83, parcel 36-01 in district 5.

Okay. Anyone here to please come forward? Hey, good evening.

My name is Sarah Warington. Um, I bought this property originally in 2020 with my aunt and my two girls. Um, I recently got married so me and my husband would like to split it so we can have our own house with my girls and they have the opportunity to stay at COR Elementary because they do love that school and thrive there. and my aunt would still remain at the first property and I believe my parents are planning to move in the house with her. So, we have like a family uh family. All right. Members have any questions? Yes, I do. Yes.

Hi. Um yeah, I was looking at the property out there now. I'm wondering why cuz it looks like there's a drive that goes up to um the house or the the grey house. Yes. Okay. So, why would the easement need to be crossing another property? Are you going to use that drive? Yes, we're still using the same existing easement and we do have permission from Taylor Hall, which is the guy who currently owns that park because it was already there when we bought our acres. Okay. No, I'm talking about there's a drive up to your house, right? Yes. Okay. And we're still going to use that same exement in the driveway. We're just going to have it further down the road. Oh, so you're going to use both the easement and your drive?

Yes, we're just going to continue it down. Oh, okay. So, I was going to say, why would you have to use the easement if that drive couldn't couldn't extend back to that property? Yeah, we're going to do that because we don't want to tear up the land or anything like that too much. Just Yeah. Oh, okay. There's enough road for them.

And I'm not advising anybody on real estate law, but theoretically the easement the the surveying estate next door that that ement goes across now wouldn't necessarily have to agree to additional traffic for an additional lot, but they have plenty of road frontage. You can put an ement in and across the neighboring lot if necessary. Don't worry, the one I'm talking about. No, that's what you currently have, right?

Yes, we currently just have the one, but there is opportunity for another one if we have to by code, but we would prefer to use the same existing, but we can definitely put in another one if we have to or it's interesting to sell for that reason. Exactly. Any further questions? Thank you, ma'am. Thank you. All right. This point will open the public hears. Anyone want to speak in favor of this reason on request?

For my own notification, is there a minimum acreage size in Madison County for residential homes? depending on where it's located the zone. So for since she the current zone that she's in is A1 and there's a 25 acre minimum lot size requirement but the zone that she is requesting to go to R1 there is a minimum 1.5 acre lot requirement. What about a AR? What's the minimum there?

It's four acres. And this does fall within the correct zoning for the compens.

Yeah. All right.

Still in public hearing. I'm sorry. I got to talk. Anyone speak in opposition? Please go forward. I'm Diamond Wood. I live in Com, Georgia. I live right next door to uh these people. I sold them the land. Um a house was supposed to be built on it. It fell through. So, the real estate people said, "Well, I've got a uh that we we own the place, but we had a real estate person that did all the legal work." Um, they bought the land. I think it was a land package, the mobile home, the land, and came and told us that they bought it and want to put a mobile home on it. and they said uh it would be near the road. There'd be no problem. Well, they moved it in. There was some problem. I don't know what it was at the time, but they came to me again, the real estate, and said, "We're going to have to move it right next door to you." And when I say right next door to me, I can throw a stone in here that the deal was already done with the real estate. It's paid for or are paid on. Uh they well, first of all, they moved the mobile home in in the lower part and they couldn't get it for some reason, so they had to move it next to me. I I just let it go. I mean, so do it. And then I noticed um while they were setting it up, another mobile double wide trailer came in and I was like, "What is going on here?" So I called the real estate and

he said, "Well, I really didn't know they were going to do that." And I said, "Well, that's hard to believe, but he said, "No, I did not know they were going to bring another mobile home there. It was supposed to put this one where the other one was at. They had the same problem. Uh they had to move it. So I went to I asked them what what was the problem and she said the water level was too low or too high. Can't remember which. So there goes the mobile home. I said well okay that's the end of that. Well a few years later now here we are. One of the sisters got married. They wanted to buy the land. They want a home, which to me is going to be another mobile home, another double wide mobile home. My land sort of cuts through their land up to my driveway. That means they're going to be sitting right my front yard or what would be my front yard. You know, if I own that little park, ac 3/4 of an acre or something, uh, it's going to look like a mobile home park there that devalues my land, a lot of people's land. Um, I'm very opposed to this. I've had much problems with these people, with their animals running. I've had to call the police to us several times. I've had to call animal control out there. They finally got them where they just threatened with going to court and can't find if you don't keep your dogs up. So that helped some. Uh then they got a chain length point and I said that's where your dogs going to go. The dogs still in the house. They put some goats out there. Two huge I guess they're goats are awful big goats.

I don't know what they are. I'll say a goat. Big black mat. Black goat. Goat. I think this is just asking for disaster. Really? Um I don't know. It's it's bothering me because I'm right on Highway 98 East. As you're coming into the city, um they're going to think this is Highway 98 East mobile home park. I don't think this ought to be allowed. I'm sorry. That's just my opinion, you know. I guess that's all I got to say.

All right. Any questions? Any questions? How many homes are on the existing on the property as it sits now? Uh, it's just one double wide that sits next to my home. And they want to put one I guess in the same place that the other the other one was moved. There must be some some kind of water level. Maybe they couldn't get a mobile home. I mean, they tried again with me, but uh you know, I I I really don't think this is going to be a good situation.

Since you mentioned two mobile homes, but one didn't move in after the other. I wonder if there were two there or one home. the uh when they moved the mobile home next to me about a couple of hours, here come another mobile home just like their home and they tried to put it in the middle of the land. Like I say, the water uh level was not good. They couldn't get a septic tank permit, so they pulled it out. So now this is happening again. So, I don't I don't see how they can put the uh mobile home there. What changed? You know, I mean, I guess that would be up to survey or y'all, whoever it does.

Can I ask you a question? Uhhuh. Um, okay. When I was looking at it, okay, there's the great mobile home. Where are you at there? Because there is a home over here now. Are your home or Yeah. What side are you on? So you're over here where they cross over, right? Yeah. The right side according to the survey or the north side. Yeah. So you're not the correct. Okay. Got the Oh, okay.

There's another house on the other side of them. Yeah, I saw that one. Yeah. And then another house and another house. Okay. Well, I didn't see those. I know the great house. Where are you saying mobile home? There's not another one. All right. Any any other questions?

Yes. Thank you. Okay. Thank you very much. Anyone else want to speak in opposition? Okay, ma'am. Would you like to have a rebuttal or anything she said?

Um, we've only moved our house one time and it has not moved since. Um, everything we got done before my house was put was already we had our soil samples out where we want to put the subject tank out and where the well was going to go. We only got one bubble. That's a double wide. So, that's probably where she's getting confused between two because they come in separate. So, one time one hour come in, the second time they do that, they hook it up, they install it. So, that's probably where she's getting the two from. But, there is only one great home there that's a double wide. Um, I've only had her call animal control because she does not like my dogs barking. Ammo control has been at my house and they have been out there where my dogs has been inside the house barking. She just does not like my dogs. I do have a fence out there for my prior goats and my dogs or dog. Sorry, I went off. But she I mean we we try to be civil with her as much we can work with her. We've had them on leashes. They're dogs. We like to take them out and not keep them inside all day. They do bark. They do sometimes get off the leash, but I don't have to worry about that since I got a fence. But they go in and out through the house now. So there's no problem with that. Um that's about the only thing I

just to ask you is this well going to serve both properly. Yes, it is big enough. I did ask prior to that. So I wanted to get all my ducks in a roll before. So it goes any further questions? Just so you know that we're planning on zone and we have everything for so I don't know. Yeah. All right. Any any anything else? No.

Any further questions? We'll close the public hearing and bring it back before the board and I will entertain a motion. Everybody speaking one time now. Mr. Chairman, I make a motion that we approve as presented. Have a motion to approve. I second. Have a second. Any further questions or comment? All right, Mr. Smith. Yes. Y yes.

All right. This has been approved. We will recommend to the board of commissioners of approval. There will be a second hearing on April the 6 before the board of commissioners and they will have the final second. And I do recommend that both the applicant and uh the one that opposed do show up and speak their opinion. All right. Uh number five. Kenneth Weaver, applicant for Weaver Family Trust, is requesting to reszone a 2.09 acre portion of the 16.61 61 acres from A1 to AR to combine with the joining property listed as map 31 parcel 138 and to reszone the remaining 14.52 acres from A1 to A2 to bring the property into compliance with zoning regulations. The property is located at 333 Joe Graham Road in Hull on Mount 31, parcel 137 in district three.

Now, I noticed that number six and five, they are they continued on each other. Should they be taken together? Uh, yes, you could do that. And I'll go ahead and read the second one as well. If you would, please.

Uh, Kenneth Weaver is requesting to reszone his 2.04 04 acres from R1 to AR to the to allow the property to absorb a 2.09 acre portion from adjoining property tax map 31 parcel 137 for a total of 4.13 acres. The property is located at 901 Pedmont Road in Sull on map 31 parcel 138 in district 30. All right. Uh, Mr. Weaver. Yes, sir. How are you?

Good. Um, on both of these in in short, I am my wife and I are purchasing two acres, just over two acres from my parents. And so, that is where number five falls into, but that they're tracked below the uh current or where they were, they were already A1, so they will have to go to A2. That's where number five is. And then because it'll be we're purchasing that to go with our current property at 901 Pedmont. That's where number six here. Number six item comes in. That will put us just over four acres. That's the reason we'll be going to AR. And it's my parents are in their 80s. Um we're just purchasing the property from them. We already live next door to them. There's no it's just going to combine with our property. There's no changes to the property that sir. Any questions for Mr. Weaver? No. Thank you, sir. Yes, sir.

All right. We'll open the public hearing. Is anyone wants to speak for this these two reasons on request? Hearing none. Is there anyone want to speak in opposition? Hearing none. I'll bring it back before the board and we'll entertain a motion. I move for approve this request. Have a motion to approve. I second. Have a second. Any questions or comments? We'll approve the five and six together. All right, Cynthia. Yes. Yes. Yes.

Yes. All right, Mr. Weaver, this has been approved and we will recommend to the board of commissioners that they approve it also. Number seven. Okay. Mark Jackson and Lyn Boyd are requesting a conditional use for their 19.6 acre property to allow an event venue to be operated on the property. Property is located at 1082 Oley Mill Road in COMR on map 104, parcel 38 in district 4. All right, Jackson. Evening.

Good evening.

My wife and I, we uh we bought this in ' 06. County closed the road, gave it back to us. Our land that we have, the 20 acres, is not a farm land. I can't farm anything on it. I can't raise anything on it. It's too hilly. We got water in the dam and stuff. So my wife, I've been traveling for the last 10 years making a living. She wants me to work at home and this is about the only way I know that the farm can actually pay for itself. And to be quite honest, we plan on adding a lot to the tax base for the county. Um, we have, in my opinion, one of the nicest looking properties around with Holly Creek, the water, we have a granite dam, just a whole different, you look like you're in the bottom of the mountains and on the property. We had a her retirement party. She retired after 18 years with Advantage Behavioral Health last October. And I heard from 50 people of that party, I should be doing this on a regular basis. So, we feel that this is a good way to give back to the community. They can see the property um that the road was closed and it's beautiful property and uh we hope you allow it so that we can prosper along with the county. All right. Any questions, Mr. Jackson?

Not. Thank you. Thank you. All right, we will open the public hearing. Is there anyone here wants to speak in favor? This resone request. Anyone here want to speak in opposition? Hearing none, I'll bring it back before the board and we'll enter motion. Mr. Chair, I make a motion that we approve this conditional use. Okay, we have a motion to approve the conditional use. Second. A second. Any questions or comment? If not, I believe. Yes.

Yes. Yes. Yes. All right, Mr. Johnson, this has been approved and we will recommend to the board of commissioners uh to approve this uh conditional use request. Well, I just want to say we appreciate it and we really are looking forward to giving something to our community. We've been here 20 years now. All my relatives here, so it's a good opportunity for us to give back to our community. Mr. Jackson, I remember when we did that road closure and you were having come from all over. from Texas and New York. I travel.

It was quite a challenge, but I wanted to thank you all. That closing that road actually made a difference. And I'll tell you one thing, it saved the county office. When they close that road, the part that goes up to 72, your maintenance is spending half the money keeping that road clean now that it doesn't have that through traffic, which is kind of nice. But we thank you. Well, thank you for willing to invest in our kind. All right, number eight.

James Sers is requesting a reown an 8 acre portion of his 29.99 acres from A2 to AR to allow two 4 acre tracks to be split out and gifted to children for home site. The remaining 21.99 acres will remain in the A2 zone to be retained. Property is located at zero Macedonia Church Road in Danielsville on mount 51, parcel 91 in district 4. All right, Miss Yes. How are y'all this morning?

Good. Um our acreage is 29.9 and we are just trying to um separate 8 acres for two of our sons to have a 4 acre lot a piece to build a home. Okay. So the question is for cells. You currently live on the property. Not on the 29 acres now, but we've got two tracks.

The 29 acres is under conservation, but we didn't breach the contract by separating the land. So there there there are no houses at all. Any other questions? Is the road front is proper? Yes, we have plenty of road front. Any further questions? Thank you very much. Thank you.

All right, we'll open the public hearing. Is there anyone wants to speak for this question? In favor hearing none is that anyone will speak in opposition. Hearing none bring back full board and entertain a motion. Mr. Chair, make a motion that we approve as presented. Have a motion to approve as presented. I have second. Any further comments or questions? All right. Yes. Yes. Yes. Yes.

All right. This has been approved and we will recommend for the board of commissioners uh to approve this uh resone request. All right. Number nine. Mary Harvin, applicant for Kevin Gordon, is requesting to resone the 16.55 acres from AC to AR to allow the property to be split into three tracks containing 1 6.25, 1 4.3 and 6 acre tracks. The property is located at 2870 Crab Apple Holler Road in Nicholson on map 17 parcel 9E in district one.

Gary all seated. You might as well stay up. I think uh Miss Tracy summed it up pretty good. Um this is an odd request. There's an out parcel cut out in the middle of this. It's a 1.5 acre lot that has a driveway easement going through it. Um, lot one has a house on it currently that the owner lives in. Uh, and appears he's selling that home to a friend of his and going to build a home on lot one and then either sell lot three or speculatively build on it. Uh, that's currently what I know. Okay.

Any questions? So that outlot is that just belong to somebody or Yes ma'am. Somebody else owns it and has their own residence on it. Yes, ma'am. Kind of just out there in the middle. Yeah. So Gary didn't recommend that. No, it's hard to work around a little bit. So yeah. Any further questions? You mentioned the something you mentioned 20 foot easement to the parcel in the middle. There's a 50 foot easement. That's an existing easement.

Yeah. So it serves the uh the property back here that's also an outlaw that was cut out. Uh I think the history of this property, if you go back and look at it, it's it's changed hands and been cut up a lot uh through the years. And uh but yeah, there's another residence in this area here that has a driveway that goes along the edge of the property there. The 20 foot drive ement that serves this 1.5 acre lot is dedicated right here. Um so yeah, a lot going on there on that lot three. It would have two easements crossing that lot. Correct. Any further questions?

All right, we will open the public hearing. Anyone wants to speak in favor of this reason request? Anyone want to speak in opposition? Please come forward, state your name. Yeah, Jason Moss, 2581 crab apple hollow. I live right across the right across the way from lot three. And my property is right here, which is road drage.

Anytime that it rains, this is a pond and this is really wet weather in this area. I don't think the per I don't what the what status is on getting per test on it, but anytime that it rains, it puddles up here. ponds here big and then the water actually goes across the road. If they try to put a house right here, anyway that they raise that up high enough to get it to road level, all the water sheds don't come into my property. And I'm real concerned about that. And until they get this fixed, I don't think anything else in this property because all they have to do is bring a ditch down here because this is the top of the hill, but bring a ditch back down this way and it would it would clean it out, keep water off my property. All right. So, any questions? Would that Are you saying that that would come across the road on you or go through cultures under the road?

No, just they need to if they keep it all on their side of the road here, that'll keep it from going over the road. Right now, it's actually going on top of the road on my property. Okay. Not on a sprinkle, but when there's good rain, it does do that. Any more questions? Is that is that something the county would address? Should a permit pull for that particular personal or how could we address this problem? Usually if there's a complaint filed in code enforcement would would see that the proper precautions are made. But

yeah, I'm not sure that's really a code enforcement issue. Um, sounds like this might be an opportunity to make it better for the land owners there. Uh, and hopefully they do. So, but u that's probably I mean at least the existing what I'm assuming it's been there for the requisite period of time and all of that. So, between the private land owners that's probably already that sort of sets the status quo. if the volume or rate or flow rate is increased, that could be a private issue between them. Um, but I don't think that's something the county regulates. But before anything built, especially on this area, before anything else gets built, they're going to have to do a lot of a lot of work to be able to elevate this high enough to get it out of area because this is a big that right there. I didn't post about it because it's, you know, on the other end of town's property that if they build anything, it'll come right directly in front of our house and on our property.

Now, is is that something that we would consider as far as a resone?

It's kind of speculative. I mean, I can't say that it's out of the realm of possibility of, you know, valid factors, but it's it's somewhat speculative given I mean, the county just as as we've discussed, I've discussed for 25 plus years now, the county just does not require a lot of information at the reszone stage. So there's no way for us to know whether this will become a problem or whether the landowner may already have plans for doing exactly what this gentleman wants. So it I just don't want you don't want it to devalue my property, right? Across the way from it.

And that's what I was explaining again, not representing anybody except the county, but that there are private remedies for that should it come to pass. Hopefully it doesn't. So with that number eight on our analysis, it says the proposed chain drainage problem is Yeah. Uh right. Well, it's not in the flood plane area, so I wasn't aware of. Yeah. Yeah. Okay. Thank you, Tracy. I was wondering what that was getting at because we just don't have enough information to go to this level.

Gary, do you have any address that?

Uh, we had Philip Archer studied the soils and we have usable soils to get the septic tank in. I'm not very familiar with the, you know, the house and what they're proposing for foundations and if it would be a basement and all of that stuff. I would uh I would assume that they'd have to have their erosion control and all of that stuff in and from there the code enforcement would be able to get involved. I think if there was an issue and they weren't, you know, meeting the state erosion stuff. But, uh, no, the lot three, the reason it's the bigger lot, um, is it's definitely the worst lot, but it is unfortunately a lot that in the area it's very valuable. So,

how big is that pond? About two acres. I'd probably say a third of the lot size. Yeah. And it's apparently it's dry sometimes and wet sometimes as well, they say. So, it doesn't really hold water, but uh yeah, not very good soils around the pond for sure. So, would they have to build in the back or No. So, I think what they're proposing is house beh. Yeah. That half the only place that the house would fit be right here. Oh, and if you build that up, I mean, it's three foot lower than the road. If you build that up to road level, guaranteed some runoff issues.

There's no way. I mean, if you look at it, go out there and see it's I mean, it's a big divot. I might suggest too, it sounds like water's coming across the road, that's potential safety issue. There's that much coming over. Commissioner Adams may ask the road department to go. It may just be a matter of cutting ditches. I don't know. May may ask the road department to go out there and take a look at that and see make sure that water's being drained off that right road. So you may want but get I mean the only reason I'm here is because if it gets resone and it get doesn't get addressed here then it just gets passed off to the new owners and then we have to have all this mess again. If we fix it now before we get the zoning approved, then it'll be, you know,

and it could be something that um the applicant's got two weeks before the next the doc here and so maybe if the applicant could get a little more information on that. Yeah. Yeah. When does the home site have to be located at that point? When does that come into play in that would be the building permit that would be later? Yeah, more than likely. I'll just mock up a site plan with a grade and if it's 3 foot below the road, we'll probably just bypass the water to the pond that's there to where we keep it off the road. So, I'll get something together on it. Yeah. BC and maybe submit it to Tracy and that'll be fine. All right. Yep. Further questions?

Thank you, sir. Anyone else in uh opposition or concern? Not I'll bring it back before the board entertain a motion. Nice. If approved, we put a condition that

No. Again, I don't think we have enough information for that. So, I think we have to trust that to be handled at the POC level two weeks from now. Sounds like there's a lot of cooperation on that here. I'll make a motion to approve. A motion to approve. Second further comments. All right. Uh Smith, I believe you. Yes. Yes.

Yes. All right. This has been approved. U from this from our standpoint it's been approved but you guys work together before the uh commissioner meeting and they they'll have a lot of questions. So they'll get a site plan together. Take a look at all right number 10 11 go together. Yes. Okay.

They can be taken up as one vote. So Gary Harvin, applicant for Shape Rag Holdings, is requesting to reszone a 511 acre portion of their 176.511 acres from A1 to AR to absorb into their adjoining property listed as map 14, partial 13-018 for an approximate 8.048 048 acre track. The the remaining 176 acres will remain in the A1 zone. Property is located at 3898 Commerce Road in Hull on map 14, parcel 13 in district 1. And then I'll go ahead and read 11. Gary Harvin, applicant for Shake Rag Holdings, is requesting to reszone their 7.54 acres from A1 to AR to allow the absorption of a 0.511 acre portion from their adjoining property on map 14, parcel 13 for an 8.048 acre tract and to bring the property into compliance with zoning regulations. Property is located at 3898 highway uh needs commerce road and hull on map 14 partial 13-018 in district 1.

All right. A lot going on there. Um, this track one was originally created, I want to think in 2021 back when the regulations were still a little bit more relaxed on A1 zoning. Um, so I was contacted by the club to adjust the property line on this, but of course uh, with our current zoning regulations, the corner lot no longer being A1 needed to be resone AR. And I think uh this 0.51 acres is coming off of the larger 176 plus or minus acre track to be joined with track one. Uh the remaining parent tract would remain A1 as it is already. We're just asking for for this strip to be joined to the existing tract and uh bring the existing tract into conformance from A1 to AR for the acreage. All right, questions.

Can I ask a question? Sure. Go ahead. My name is Joe Ramsey. I join Shaker Rags property. Now, you said it was on these Conor Road. Is that right? Yes, sir. All right. This right here is plan road. It look like it's the sir. Could you come could you come over here where we can we can see exactly what you that's what you this right here is the property right that you're talking about. Yes. Okay. This right here commerce road but this right here is fling gold road. Yes.

That driveway is served through that property. So that's how we have that listed. Hi. Wait a minute. Tell me that again, please. Um, they use the same driveway to access those parcels off of East Converse, right? Okay. They use this this this road right here. Is that right? No. This at the intersection of G Road and East Commerce right there. G Road. So, y'all come off this road right here. Go to that. And that has direct frontage on planer gun and east that empty field.

Okay. That that's that was my question. Y'all going to come off this road right here to go to access that right there? No. No. So this is being going to be one large 8 acre track when it's done. They're getting 0.51 acres from them to add make a total 8 acre track is what they're doing. They're not creating a 0.51 acre lot in there. No sir. They're adding that to that corner track that but what I'm getting at is the access to it. The access is from this road over here from these converts road. Is that right? Yes. So for the large track the 177 this large track right here this 177 there's actually an access easement on up

that who is from? Um let's see. I'm not sure but I can show you on Q public about where it is here where they come in. So they come in right here in Lucky Jones. Lucky Jones on this road right here. Okay. Yes sir. So they don't actually do it off planer gunnel at all but they access it off commerce on down. They don't own the land. Okay sir. Sir at this point let him finish. If you have opposition then you can come forward. I I would just ask question. I think he's answered your question. So this is an existing parcel that exists. It's got planer gunnel road and nice commerce. So that's the existing 7

130 look actually on the corner. So that's the first reason. So it goes to this one for that small.

So there's the corner. Yeah. So that's the existing lot that has the frontage on these commerce and planner gun. This would be the Chandler family cemetery that's cut out in the middle of that that exists. So I think on the corner here on this side is maybe Wayne Thrush owns this over here. Yeah. So well actually there's some other people on that. Okay. Yeah. And somewhere in there owns a pasture.

Yeah. Yeah. Um, so this would basically they're selling off what little frontage they have, I guess, essentially by this is a double corner lot right there at that intersection. Um, but it the existing acres are for some reason wanted to add a half acre to it. The buyer wanted to buy an additional half acre. So, it's not a new halfacre lot. It's a halfacre being added to this larger parcel. Is the plan a single family home?

Yes. Yeah. From what I understand, I think it's one of the ladies that works at the club uh is going to build a house and a stable and something like that. I had to go out there and meet her. She wanted to add more property and straighten that property line out and we ended up going through this whole zoning process to get her to buy a little bit more land. So, can I ask you a question? Yes, sir. I'm I'm a nosy neighbor. I got I read here there's a there's a sign right here asking about reszoning. I was trying to figure it out. I understood this. There's a sign here for reszoning. Sir, sir, we're getting all target here. Let him finish and then if you have objection, you can come. Yeah.

Honestly, I'm not sure on that. I had actually had our field guys go put the sign up. Um Gary, it's because of the 177 acres. The five's coming off of it and it touches planer. Yeah, I remember we just had a bunch of signs we had to put out on this one. Yeah. Yeah. Um, so you know, Shane Drag essentially has sold off one parcel to a member down below down Planter Genn Road closer to Sailor down here. Yeah. And then they attempted to sell this parcel to that same member. Uh, but I think it created a Cuba breach at the time and they had to not sell it. And so they're actually renewing Cuba this year and that's what also brought upon them getting rid of this parcel and making this adjustment as well. So yes.

Okay. All right. Thank you very much. And and gentlemen, I hope you understand we're not not trying to throw you off, but we we have a process that we have to go through and we want to stay in line with what we're doing. Okay. At this point, I open the public hearing. Is there anyone that wants to speak in favor of this reason request? Sure. In favor? Okay. Is there anyone here wants to speak in opposition? Give me a name. Sorry. He wants What's your name, sir? Don Edmonston. I own the property.

I'm down the street there a little bit. All right. Is there anyone want to speak in opposition to this resource? And this is just for the one that's showing on the map right here. Is that right? Yes, sir. Okay. Okay. I would be for it as well. I don't know if you were going to take the second game. We're not taking a poll. So that earning my money tonight. Okay. I know it's extremely confusing request. So yeah. Well, Shake Rag doesn't need that area there because they can't ride their horses down anyway. So that's Okay.

All right. We will close the public hearing and I'll bring it back before the board. I will entertain a motion. I'll make a motion to approve. We have a motion to approve. Second. Have a motion to second. Any questions or comments? All right. Cynthia. Yes. Yes. Yes. Yes. All right. This will be presented to the board of commissioners and we will recommend them that this be approved. All right. Number 12,

Mary Harvin, applicant for James and Kathy McKay, is requesting to resone a six acre portion of their 14.97 acres from A1 to AR to be split out as a standalone six paper track. The remaining 8.97 acres will be absorbed into their adjoining A1 property and that's on map 68 parcel 3 for a total of 84.24 acres for tax purposes. This property is located at zero P road and Danielsville on map 68A partial 50 in district. problem.

Uh so this piece of property was part of the uh uh power estate and uh Mr. and Mrs. McKay uh I guess inherited it. Uh Mrs. McKay's brother or brother-in-law is getting six acres uh that they're wishing to get owned AR so that they can put on the market to sell. uh this remaining 8.97 acres is going to remain A1 to be further combined with this 75 acre parcel next door into one large parcel. So essentially a sixacre lot is being created. The remainder is just being combined with a larger parcel.

All right. Any questions for G on this one? Thank you, ma'am. Uh, any questions for the board? Not we will open the public hearings. Anyone wants to speak in favor of this reason request? Anyone want to speak in opposition? Hearing none, I'll bring it back before the board and I will entertain a motion. I'll make a motion to approve. A motion to approve. Second. Have a second. Any questions or comments?

If not, Kenneth. Yes. Yes. Yes. Yes. All right. As we recommend to the board that this be approved. All right. Item number two. Consider consider amending section 7.10 PUB zoning district of our current zoning ordinance to strike the section and replace it with section 4.1 of the unified development code draft

so that everybody will know. I think the board members if they've looked it up will know. Could you tell us what the old what we're trying to strike says, Mike, I might. You just want a summary of it? Yes, sir. Just a summary so everybody understand. I mean, it may sound like we're talking Greek. They don't know what we're talking about.

So, yeah, I explain the overall concept. So fair unit development um is a way to to create a multiuse uh development on a single parcel of land. It's basically a customized zoning district that single parcel would be and there are lots of requirements that the applicant has to submit many lot of information like plans, covenants, so forth. Um and then if approved those become and of course there are other parts of the zoning ordinance that may still apply but as far rather than looking to R1 or A2 or whatever you look to all the details you've approved for that PUB that is that zoning district. Okay. Now, in the past, it's been as it presently exists and always has, it's basically unusable because of both because of very large lot size requirements as well as uh really tight restrictions on what the uses are within that. Uh so uh when this was brought to me um first thing I did was look at what's proposed in our in our proposed new unified development code that hasn't passed yet. Uh I pulled that out, made just a few adjustments to it. Uh and then put it in a resolution form for y'all to consider. Okay. I think that the the what we're considering right now, it says 100 acres for uh business and residential and 50 acres for just residential. Is that right?

Less than 100. Let's see. It's 100 if it's planned residential development with shopping facil facilities and 50 acres without shopping facilities. Okay. And what we're considering is changing that to the new owners, bringing that 100 acres and that 50 acres down to 10. Is that correct? I have to find that looked at in a while.

Bring that down to 10. But it's it's a whole again it's it's also about the uses that are permitted and and it's it's a I mean not that I'm the expert CPL the draft is part of EDC is but uh but yeah I think this is a much more modern and usable planning development portion of the ordinance. Well, I'll I'll I'll start off the discussion. First of all, you know, as a chair, I don't have a vote. Now, I have a public hearing tonight or is this just discussion? Okay. So, you probably need to take your do your public hearing and then bring it back. All right.

And and normally on text amendments, we just say, "Is there anyone here to speak?" Anyone here to speak for or against or against this or otherwise. Yes. Generalized question. What is the ultimate purpose of making this change? What is the board's desire and ultimate in lowering this standard? I understood you say to get it more in the line with normal or I guess what's common now, but what's the board's desire in making this change? Is it to bring more industry to the county or what's the what's the desire there? Okay. I I don't have

to be honest with sir. I don't have an answer. This was brought to us for us to consider. I don't have an answer. I have an opinion, but I don't have an answer to that. I'm not going to speak in favor or against, which is fine.

I'm just I think where we're at as a county right now, we desperately need new code. I don't know. It's probably one of the most vital things that we need. uh for some of these simple requests to come in and uh have a proper category to go into instead of getting lumped into. Uh I think we're at a B and then an I, which an I is pretty broad on industry talking about their zoning codes. Um I I don't know if I'm a fan of the PUD deal. Um I'm a fan of site plan specific or condition in the zoning. uh you know if there's something sight specific that has to be worked out uh on a case- by case basis um I am a bigger fan of having a light industry zoning and maybe having a medical office building zoning maybe having a professional office institutional zoning uh where you know PUD uh when I think of a PUD immediately I think of a Gwynet place mall or mall of Georgia 100 acres right uh live work play this whole deal uh I think it has it its position ition. Um, I think better establishment of zoning districts and their uses has better effect than possibly bringing a PUB down in this in this manner. So, that's just my view, my thoughts, talking out loud. This is what I do every day for a living. Um Um, but but we desperately need help and I don't know whose cage to rattle to get that help. So,

all right. Just let me know and I'll rattle. Yeah. Any anyone else?

Not we'll close the public hearing and I'll bring it back before the board for this. First of all, I want to ask for a motion at this time for discussion. And like I said, I will start the discussion as the chair. Although I have a vote, I do want to pay. Number one is that we've had things like this come before us before. of what the company that we hired and has not yet finished their job that we delayed until this was approved by the committee that was put together then brought before the plan and then go to the board of commission. I think this falls into that category that we should wait. Number two, I think going from 100 acres and 50 acres down to 10 is inappropriate. I don't think 10 acres is enough for a for aud that's that's my second reason as I'm opposing as as I oppose it. So that's my that's my two cents worth. So go with open for discussion.

Well to me um I also thinking going from 100 acres to 10 acres is not really give what a PUB is like. I mean, um, when you're talking about when I'm looking at 100 acres, I'm looking at, okay, you got parks, you got place to live, place to eat, place to work, and I can't see compacting that into 10 acres. How is it being more efficient? How is it serving what a PP U PUV does? Because I mean, you can say 10 acres. So, um I think well I'm not going to get into the one they're thinking about but um they can put a park out there and just put a swing set or something. I mean it's just not it's not efficient to me what um it's supposed to do. So I think going to that 108 was not um serving what a a piece does. All right. Anyone else?

I'll echo a lot of those same sentiments. I'll keep it short. I I think that we're continuing to put manpower and resources to put band-aids to accomplish a short term where we need to be working towards the long term. We've put out a sizable amount of money for all encompassing rewrite. And not to discount the work, Mike, that you did in putting this together, but some of these temporary things that we've done really quick in the past have come back to bite us in the butt.

And I no personal stake in it. I just did what I was asking. I think that's not personally app. But there's a couple things in the past where we do these temporary quick things. We need to look at this to redo this. The challenge is the rewrite. And I'm not sure that the rewrite is we we've got to continue to push forward and complete that task. I'm sorry to interrupt. When you cut it down 90% on the acreage, that's that's a lot down%.

But when you do, I mean, I did some pretty extensive research. A PUD, I mean, there are lots of counties, but they have a much higher density than what we do or something like that. When you look at some of the larger metropolitan counties, they don't have 100 acre tracks just sitting there. they're going to take a 10 12 acre track and really do some intensive kind of stuff. We're kind of on the opposite side and that's what concerns me about making such a blanket move at this point in the rewrite. So,

and I say if you look in Athens off of North Avenue, they're putting like something like on a little lot and it doesn't look nice. They got um condos with two little um I think stores are going to go there and then one drive. I mean it's they had they because they don't have the land that's what they have to stick to be more efficient. But I think we don't have to go there. We I think there there is a place for PUBS. Uh but they're meant for what I know about them and I I sold some property as a PUB where I came from so I've got a little experience with it. But uh PUBS like Gary said are meant for community. is a community oriented large multi-use uh developments that can't that sound that are good for the county but uh the conventional methods uh don't work in this case from the the one on Highway 29. I don't know what brought this up. Maybe the one on 29 that we we've heard about. If that's what has brought this up to me that one is very simple. it can be handled as a business lot and a residential lot or residential use. Um, I don't see the need to I don't see the need to push this through. We've been discouraged up to this point from making text amendments. We have one on Rogers Mill Road with an egg business. We had the auction warrant issue. So, we've been pushing things trying to get our new our new plan from CPL and it's still not done. So unless there's a pressing issue or a development that makes that's good

for the county and would necessitate this, I think it needs to be denied. Well, the the my other concern is that you you have a group of people that have been appointed to look at this rewrite and then we we as part of it and I'm part of it hasn't had a chance to go over the entire thing and express our concerns within that meeting and then it's supposed to come to the to us and then go to the board of commissioners. So I don't I personally don't see any reason to rush this. I think we need to do as we have done in the past on others is to wait until the rewrite is done and the whole thing can be accepted or denied. That's my concern.

I agree. Unless there's a development that someone has proposed out there somewhere and it can't be done by conventional meetings, but it's good for the county. I think it just needs to be pushed down the road so CPL can get their product. All right. Any other questions or comments?

If I may, Mr. Chro, but um the one thing that's come up in my memory uh where we really could have used this was the Rose uh golf course development uh and end up having to do a split zone instead which has its own if you the reason I'm saying this now is just to make a verbal note here. um the actual the UDC form where they list the uses there uh that can be put there and they have an active recreation category but they didn't have golf courses in it. So I added golf courses for this proposed amendment. If this gets deferred to the entire rewrite let's remember to ask them to add that there as well. With that, I will ask for a motion.

Mr. Scott. Yes, sir. My name is Joe Randy. Before you dismiss, I I really believe you asked me to come over here and get back over here that I was out or with another guy here. And I never did finish up with my question over about the shaker rag property that was off these commerce roads. Okay. I think if this gentleman here sitting in front of you can answer your question. Mine was from the lady over here that said that uh checks ago on that access. Okay. This is kind of kind of odd, but I I'll let you finish. If if there's a question you got for her

Yes, sir. Please ask her the question and and and she'll answer you. Okay. But we won't debate. All right. Please ask her. I question earlier. Yes, sir. We have pulled that up and show you where that Can I go? Sure. And you want to come up as well. Oh, where the ement comes in. All right. The property on the back side off these commerce road small angle track.

Not not right there. That's still on the track. No. So the blue was the large shake track. Sorry. So this was the first resone right here. 177 acres. They were cutting off.5 acres here to go into this track here. So you were questioning this right here is planer gunnel. Yep. In my opinion, I thought there was another one on the back side of that to start out with a small track that was being added to that. There's only two tracks.

Yes, sir. Mhm. And they're just shaving a piece off the 177 right here where the mouth is to go in this corner lot. I guess I'm completely out of order then. That's okay. All right. We were talking about Lucky Jones Road right there. But we were talking about the easement. So they don't come off planer gun. There's no drive. It comes off an ement right here. There's no easement right there. But I'm sir. Yes, sir. I told you beginning. Thank you. that. Okay. All right. Uh our next our next uh

Did we ever You didn't take your vote. Yeah, we didn't take a vote on. Okay. All right. Let's take a vote. Let our motion. I'm going to take a motion that we pass. That we either either accept or deny. I'll make a motion we deny. I'll second. All right. Any question or comments? We need to deny. All right. Uh, forgot who it was. Yes. Yes. Yes. Yes. All right. But yes is to deny this consideration to amend proposed text amendment.

Text amendment. Okay. old business.

Tony Gun, applicant for her mother, Angela Hollis, is requesting to reszone her 20.88 acres from A2 to AR to allow the property to be split into four tracks consisting of three 4 acre lots and 8.88 acre lot for family members. property is located at 799 Lord Slimming Road in Comr on map 69 parcel 64 in district two. Now I did want to add that um the public hearing portion of this was held at our February 17th meeting. So this will be for the vote only.

Right? There is no public hearing with this. And if you all remember uh there was a thing about code enforcement and all that kind of stuff, but uh Yeah, this is the one about the road with the road. Yeah. And y'all sent us an email clarifying, right? Clarify the road. They're using the ement to access the back portion of that property.

All right. Uh is the applicant here? Africa is not here now. I was going to give the applicant even though it's not a public hearing. I was going to give Africa a chance to say whatever they need to say, but this is not a public hearing. So, I'll bring it back before the board and entertain a motion. You have all the information. Oh, I make a motion to approve. A motion to approve. I get a second. I get a second. I'll second. Okay, we have a second. Any questions or comments? Anything addition? All right, yes.

Yes. Yes. Yes. All right. This has been approved and we will recommend to the board that this be approved. I don't have They still have the public hearing to go at their level, right? Yes, they do. Uh, anything else you need to come before us tonight? Yes sir. If not, I'll take a motion to adjourn. All in favor? All right.

Oh, yeah. Sorry.