Planning Commission - Regular Meeting

not. Again, I do not know which ordinance the planning departments comment for denial was based on. we've heard that it's surrounded by trees it's rock it's not going to be developed if if you don't say yes to this um. Okay, maybe that's true, but what about the houses that are a quarter mile away. Now, a quarter mile away is 1,200 feet. Property owners within 1,000 feet were notified. The city kind of missed, due to the standard procedures that they did, kind of missed getting those residents and warning them. Yet there were 18 of them, us, at the CPIM to protest this. In short, you are under no obligation to approve a rezoning, especially when you don't know exactly why it's being done, you don't know what's going to happen, because even though there's an application for a SLUP that's already being made and heard, by the way, at a CPIM in two days, 48 hours from now, You don't know what they're going to do with it. You don't know how it's going to affect the air, the water, the citizens, the traffic, the health. You don't know how it's going to affect anything. He's just saying it's north of 20. Hey, let's do it. I call, well, I can't call that word, but I believe that if you choose to consider this tonight, a sound rejection of this proposal, this company, the types of uses that they do, is more appropriate than zoning it. Thank you.

Good evening, Planning Commission. Thank you for the opportunity to speak tonight. Mr. Marcus said a lot of things that I have on my paper, so I don't have to read all this stuff. But this project is...

Hold on, I'm sorry. Can I get your name and your address? Your name and address.

Renee Kale, 5741 Fieldstone Drive. And I hope that at some point the developers and lawyers can give their address too. I don't know why we always have to give ours. But anyway, that's just something that I think about often.

They got to give theirs too, name and address. They do.

I don't hear them say it out loud, but that's okay. I'm not going to argue. Citizens for Health and Safe Environment, which is a group I'm part of, has fought Metro Green for six years. And I can go over all of the negative things that happened with Metro Green. No legal permit from EPD operating in an M1 zone when it should. That area didn't even have ordinances for heavy industrial. That's just the short of that. If this project is allowed to go forth, where's the oversight? Concrete, metal, soil, asphalt, all of those are very damaging to humans. We already have a lot of seniors suffering. We have kids with asthma at rates that you would not even believe. And then they're talking about, this is what you call environmental racism, and we're really sick of it. Metro Green has two plants that are not in black areas. Actually, the landfill is not in a black area either. So we're very, very opposed to this. There is nothing that will stop the pollution from whatever they put over there. We don't even have a clear idea of what they're putting. There are all types of residents over there. It's not just four houses on Maddox Road. And if it was only four, you still don't need to be there. The other thing is the public health risks are just, you don't even want to know how many there are. There's a flood plain over there.

Where is the environmental impact study?

Where's the noise impact study? Where's the traffic study? Diesel trucks emit horrible toxic, toxic emissions. And they ran up and down Miller Road and Snapfinger Woods Drive all day and noise, cracked houses. And yes, people did get sick over there. I know two people right over there next to Metro Green's old site. It does not lie. It does not coincide with the comprehensive plan here. And why would anybody ever approve or agree to them coming anywhere near all of these homes and all these residents and all the people that don't want them around? Where is the oversight going to come from? And no, every developer that comes, oh, we're gonna give a whole lot of jobs. Oh yes, we're good neighbors. No, they're not. Please deny this application. And City of Stonecrest, shouldn't have agreed to it in the first place. Thank you.

Thank you.

Hi, my name is Linda Miller, 7570 Noel Hollow Road, Latonia, Georgia. One thing I want to say Stonecrest became a city. I think in 2017 by yourself. So the question I have to you, as I said in the previous meetings that I've been, I watched the last meeting on January on July 2nd. What was going on with city of Stonecrest? It didn't look good. I'm here to tell you what do we have again? that you're going to put on 124. I'm in a new subdivision that haven't been there five years, 10 years. Straight across the street, we found out we're getting a truck stop. OK? We don't know how that truck stop going to look. Because Maddox Road, Lithonial Industrial, Old Covington Highway, what do they have? They have truck stops. They have truck stops all up and down Scenic Highway, as he said, 124.

Excuse me, pardon me. The time has expired. I apologize.

Why is the time expired?

You have 10 minutes for opposition, 10 minutes for the applicant. That's how it goes. That is the rule. Not 10 minutes per person. So the time has expired and we did not extend time for the applicant and we're not, there's not a motion. But thank you, your comments are noted.

If it's voted and it go through, I feel like that we all should vote you out when it come election time, however you appointed or whatever. Because just like down in Covington, Georgia.

Thank you, ma'am, but your time has expired. Okay, ma'am, your time has expired. Thank you. Thank you for your comments. All right. At this time, the floor is open to have a motion to close the public hearing on item RZ26-004. Is there a motion to close public hearing?

Make a motion to close public hearing on petition number RZ26-00004. I second.

There's been a motion by Commissioner Williams, seconded by Commissioner Jackson. All in favor vote by saying aye. Aye. Any opposed? Let the record reflect that it was one opposed. Let the record reflect that we have four commissioners that voted to close public hearing, which carried one opposition, which was Commissioner Walker. Let the record also reflect that on the dais we have Commissioner Lemuel Hawkins for District 5, so we do have a full commission on this item. The floor is open for discussion by the commissioners. Commissioner Williams.

Thank you, Chairman Hubbard. I don't quite know where to start. However, I will say to any developer that wants to do business in the city of Stonecrest, it is the resident's business to know what you're going to be doing on the property that surround residential home or just in our city. We want to know specifically what you're going to be doing, what chemicals are going to be used, how it's going to impact our residents and any damage that's going to be done. We want to know that ahead of time. If it goes against the comprehensive plan, then I think we have every right to ask very specific questions about how this is going to impact the city of Stonecrest. I too want to know why is this being initiated by the city not sure if they can give that explanation or not. But I would like to know that why is it being initiated and do the applicant, I guess, the city has anything to say regarding the application, because the city initiating it and the staff denying it are two different things right.

Is okay.

So, can the city give an explanation as to why they initiated this. or just know.

If the city attorney will the deputy director would like to expand upon that your floor is yours.

i'm sorry we're. So the question that you've asked is why the city initiated the rezoning. Is that correct? And kind of just to call back to what we discussed prior to the public hearing. There is a settlement that has been reached between the city and Metro Green LLC. And as a result of the settlement, we have agreed to, when I say we, the city has agreed to initiate the rezoning for the property at Maddox Road. And that does not mean just for clarity that the city is approving a rezoning because as it's already been said the planning commission as well as the city council you all are in line with reviewing rezoning applications and for their substance and then deciding upon it so that is not in a The settlement agreement does not approve a rezoning. It just states what the city's actions, what action the city should take in moving forward with the rezoning. And so the city's stance, and the city is staff as well, just for clarity, because we are the city, is to rezone the property. Thank you.

All right. Thank you, Commissioner Williams. Commissioner Jackson.

I actually do have a question for the staff. And Mr. Marcus actually touched on it. In the denial, it said that it goes against city ordinance and 2038 comprehensive plan. What ordinances and can you?

It's our 2030 comprehensive plan. I think 2038 comprehensive plan. It's a five-year. I don't know if you have a copy of it or not. Would you like me to email it to you?

So if I could. Yes, sir. As part of that 2030 comprehensive plan, as stated in the presentation, that comprehensive plan showed that area is slated as light industrial. The applicant is proposing heavy industrial. So that's a direct conflict. And that's one of the reasons for denial. Additionally, the zoning ordinance some of the uses that they're proposing is not permitted in a light industrial district it will have to be heavy industrial so it would be a conflict there as well and those are the two some of the factors that we use the additional factors were the uh requirements of the orders that the staff have to evaluate each case on and um with these two um factors uh were against what the comprehensive plan says and there was other factors that were against what we are required to evaluate cases on. So those were some of the factors in coming up with a denial.

Thank you. Thank you, Commissioner Jackson. Well, the chair has a, I have something to say in discussion. Unless Commissioner Hawkins, you want to go first. I'm sorry. Go ahead.

yeah I do I I'm perplexed um but I'm starting to see the light a little bit um I do understand now why the application was brought before us because of the lawsuit I do understand because of the lawsuit we now have to take it before I guess the open body to change the zoning or at least bring the application to change it from light industrial to heavy industrial I just don't understand why we attached an application to it, because to me that almost feels as if they feel a sense of entitlement to it. So because of that entitlement, we now have a person standing before saying, this is the city's application, as if he's speaking on behalf of the city of Stonecrest. So that's where there's a mixed signal because As I read this at home, I just couldn't wrap my brain around it. And I've read these for a number of years. So thanks for the explanation. Now I get it. It's just the, as I said, it's just the attachment of the company. And to me, and I'm assuming with them, they are assuming they are entitled to this decision also. Um, so we, we can move forward, but it's just, it's just my comment that I wanted on the record. Thank you.

Thank you, Commissioner Hawkins. What I see on this is that you have, and I appreciate everybody's comments. I appreciate the applicant for coming out. That is right. And the citizens, that is your right to go ahead and make a case and a presentation. And I think, Commissioner Hawkins, when the applicant said, hey, this is the city's application, well, The city, meaning the administration that was involved in a lawsuit, probably because of whatever arrangements. I'm not privy to the settlement agreement. I don't work for the city of Stonecrest. I serve on the planning commission and I'm a citizen of Stonecrest. And so I have to do what I think is best for the growth of the city, the betterment of the citizens. The comprehensive plan is something that we came up with in order to say how we want this city to move in progress. So we've got residential housing, we got single family, multifamily, we have light industrial, heavy industrial. The city of Stonecrest owns three industrial parks, Lithonia, Snapfinger, and Panola. Those industrial parks, and through the wisdom of our county and the wisdom of our state and the wisdom of the city, have special designations, light industrial, heavy industrial, office industrial. And that's in order to make the city grow. Unfortunately, and ignorance is bliss. And when I was in law school, they said, don't love, you don't hate, you apply the law. There's a reason why that area is light industrial. because as the city has progressed and if you have residents, I've had a chance many years and I'm not just on a planning commission because 2017 happened. I've worked in county government for 20, since 1999 and I work in federal government for 21 years. So I'm very familiar with this. And so what we have, The applicant said, oh, we're going to bring jobs, and we're going to have people working. What type of jobs? Well, I can't say what type of jobs, but my company is a waste management company that burns woods and other material. I don't know, because I don't know his profile. And they said, we're gonna bring jobs, but I can't tell you what type of job. It's almost like if I can use the hypothetical and I'm a father and I have a daughter and a guy says, hey, I'm gonna take care of your daughter. How are you gonna take care of my daughter? Well, I'm gonna take care of your daughter. Are you proposing a marriage? Are you proposing that you have a job? I mean, what is it? So when you can't tell me what it is, then it could be poppycock. That's the nice way of saying it, because I know it's a lot of ladies in the room. But when we have a situation like this, in which you have light industrial, you have that in that area. And when the city started growing, they started building, they got some nice town homes. I think it's called Creekside, which is on the other side of that development, because I visited that area. I remember when it was just trees. when I was serving a county commissioner. And now that's a nice development. And so I think that when they did a comprehensive plan, because I was on the comprehensive plan committee, that they wanted to say, we're going to push this a certain way because we don't want this area that's going toward the east. We want to start building this up to be residential because the population is growing and hopefully we can get a lot of population, we can help in our transportation. And also I've served on a governor's advisory committee during this 27 years. So I can see how things go and I see how when Ms. Cahill made her statement about the pollution, because you have a lot of people that live in this area that are gonna be septic to the pollutions and the healthcare concerns. I said all that to say this, ladies and gentlemen, Stonecrest is growing, but Stonecrest has to develop the economic engine that they want to have. If you want to get the big companies, you got to go out, recruit them, bring them in, talk to the people, do the presentation. It's like every time you talk to most people that I talk to, I can't speak for everyone on the dais, and they say, well, we want papados, and we want whole foods, and you want a lot of stuff, but if your city is not going out there and getting it, they're not going to come. You got to talk to people, develop relationships. You got people saying, well, I don't want this church being built. I don't want that mosque being built, that temple, synagogue. Well, you got to talk, and that's what we do. And we can agree to disagree. But at this moment, since I think most of the commissioners have already spoken sometime and I'm like old school, I don't believe in beating around the bush. I do believe in sharing knowledge and education. I believe being upfront. So if I got something to tell you, I want to tell you what it is I'm bringing, how I can help the city, how I'm going to bring it to my, not just hoopla. I would like to make a motion that we deny this application for recommendation to the city council.

I second that motion of denial.

All right. It's a motion by the chair for denial, seconded by Commissioner Williams. All in favor vote by saying aye. Aye. Those opposed? Let the record reflect. It's unanimous. We recommend denial of this application. This case is closed. And at this time, are there any announcements?

No, sir. We have none.

Thank you. For those persons who live in Ellenwood, Georgia, or if you live in Gwinnett or Rockdale and you're here tonight, or Henry or Clayton County, you have an election July the 28th. That is for the congressional seat for District 13, which was once held by David Scott, who passed this summer. That election is on the ballot. So please get out and vote. Your vote is your voice. And if you don't vote and you live in that district, then shame on you. And sometimes we get the representation we deserve when we're not involved. Thank you everyone for coming out. Have a good night. Can I get a motion to adjourn the meeting? Motion that we adjourn. It's been a motion for adjournment by Commissioner Jackson, second by Commissioner Williams. All in favor vote by saying aye.

Aye.

Aye. Have a good night, ladies and gentlemen. Thank you.